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					PART 1
APPLICABILITY                                                                  Town of High River


                              BYLAW NO. 3960/1999
                                 Section 1.01
             Section 1.02 Town of High River Land Use Bylaw
                             Consolidation December 31, 2009

Whereas                  the Municipal Government Act, Revised Statutes of Alberta, 2000,
                         as amended, requires that the Council of a municipality must pass a
                         bylaw to prohibit or regulate and control the use and development
                         of land and buildings within its municipal boundaries;

And Whereas              Council, having considered at a public hearing the concerns of
                         persons claiming to be affected by this Bylaw, believes that in
                         order to achieve the orderly, economical and beneficial use of land
                         in the Town;

Now Therefore: the Municipal Council of the Corporation of the Town of High
                         River in the Province of Alberta, duly assembled in Council, enacts
                         as follows:

1.1        TITLE

1.1.1      This Bylaw shall be referred to as the Town of High River’s Land Use Bylaw.

1.2        PURPOSE

1.2.1      The purpose of the Bylaw is to prohibit or regulate and control the uses and
           development of land and buildings within the Municipality to achieve fair, orderly
           and economic development of land as well as to:

           (a)     divide the Municipality into districts;

           (b)     prescribe and regulate for each district, the intent and purpose for which land
                   or buildings may be used;

           (c)     establish a method of making decisions on applications for Development
                   Permits including the issuing of Development Permits;

           (d)     establish a method of making decisions on applications for Subdivision
                   Approval and the issuing of a decision;

           (e)     prescribe the procedure to notify owners of land likely to be affected by the
                   issuance of a Development Permit or Subdivision decision.



Land Use Bylaw 3960/99                                                                        -1-
PART 1
APPLICABILITY                                                                Town of High River



1.3        APPLICATION

1.3.1      This Bylaw shall apply to the whole of the Town of High River being all lands
           contained within its corporate boundaries.




Land Use Bylaw 3960/99                                                                     -2-
PART 2
DEFINITIONS                                                                      Town of High River

2.1        RULES OF INTERPRETATION

2.1.1      Unless otherwise required by the context, words used in the present tense include the
           future tense; words used in the singular include the plural; and the word person
           includes a corporation as well as an individual. The Alberta Interpretation Act shall
           be used in interpretation. Words have the same meaning whether they are capitalized
           or not.

2.1.2      The written regulations take precedence over any diagrams if there is a perceived
           conflict.

2.1.3      The Land Use District map takes precedence over any diagram in the district
           regulations if there is an apparent conflict.

2.2        DISTRICT BOUNDARIES

2.2.1      The boundaries on the Land Use District Map shall be interpreted as follows:

           (a)     Where a boundary follows a public roadway, lane, railway, pipeline,
                   powerline, utility right-of-way, or easement, it follows the centre line, unless
                   otherwise clearly indicated on the Map;

           (b)     Where a boundary is shown as approximately following the Municipal
                   boundary, it follows the Municipal boundary;

           (c)     Where a boundary is shown as approximately following a property line, it
                   follows the property line;

           (d)     Where a boundary is shown as approximately following a topographic
                   contour line or a top-of-bank line, it follows that line; in the event of change
                   of the topographic line, it shall move with that line;

           (e)     Where a boundary is shown as being parallel to or as an extension of any of
                   the features listed above, it shall be so; and

           (f)     In circumstances not covered above, the boundary shall be determined by
                   resolution of Council.

2.2.2      When any public roadway is closed, the roadway lands have the same district
           as the abutting land. When abutting lands are governed by different districts,
           the centre of roadway is the district boundary unless the district boundary is
           shown clearly following the edge of the roadway. If the roadway is
           consolidated with an adjoining parcel, the parcel's district designation applies
           to affected portions of the roadway.


Land Use Bylaw 3960/99                                                                          -3-
PART 2
DEFINITIONS                                                                  Town of High River


2.3       UNITS OF MEASURE AND ABBREVIATIONS
2.3.1      All units of measure contained within this Bylaw are metric (SI) standards. The
           following table of Imperial measure is provided for the convenience of the user only.

2.3.2      For purposes of this Bylaw, imperial units have been rounded to the next highest
           significant number or the first decimal place.

2.3.3
                Metric         Imperial                 Metric          Imperial
                 Unit         Equivalent                 Unit          Equivalent
            Length
            300 mm                  11.8 in.
            600 mm                    2.0 ft.
            0.6 m.                    2.0 ft.        9.0 m.                   29.5 ft.
            1.0 m.                    3.3 ft.        10.0 m.                  32.8 ft.
            1.5 m.                    4.9 ft.        10.5 m.                  34.5 ft.
            2.0 m.                    6.6 ft.        11.0 m.                  36.1 ft.
            2.8 m.                    9.2 ft.        11.5 m.                  37.7 ft.
            3.0 m.                    9.8 ft.        12.0 m.                  39.4 ft.
            3.1 m.                  10.2 ft.         12.5 m.                  41.0 ft.
            3.5 m.                  11.5 ft.         13.0 m.                  42.7 ft.
            4.0 m.                  13.1 ft.         13.5 m.                  44.3 ft.
            4.4 m.                  14.4 ft.         14.0 m.                  45.9 ft.
            4.5 m.                  14.8 ft.         14.5 m.                  47.6 ft.
            4.88 m.                   16. ft.        15.0 m.                  49.2 ft.
            4.9 m.                   16.1ft.         15.5 m.                  50.9 ft.
            5.0 m.                  16.4 ft.         22.0 m.                  72.2 ft.
            5.1 m.                  16.7 ft.         30.0 m.                  98.4 ft.
            5.3 m.                  17.4 ft.         46.0 m.                 150.9ft.
            5.4 m.                  17.7 ft.         60.0 m.                 196.9ft.
            6.0 m.                  19.7 ft.         121.0 m.                396.9ft.
            6.1 m.                  20.0 ft.         122.0 m.                400.3ft.
            7.0 m.                  22.9 ft.         200.0 m.                656.2 ft.
            7.5 m.                  24.6 ft.         300.0 m.                984.3 ft.
            8.0 m.                  26.3 ft.
            Area
            1000.00 mm.2           1.55 in.2

            1.5 m.2                 16.2 ft.2        123.0 m.2            1,324.0 ft.2
            3.5 m.2                 37.7 ft.2        140.00 m.2           1,507.0 ft.2
            4.0 m.2                 43.5 ft.2        186.0 m.2            2,002.1 ft.2
            9.0 m.2                 96.9 ft.2        233.0 m.2            2,508.1 ft.2
            19.0 m.2               204.5 ft.2        279.0 m.2            3,003.2 ft.2
            23.0 m.2               247.6 ft.2        325.0 m.2            3,498.4 ft.2
Land Use Bylaw 3960/99                                                                      -4-
            54.0 m.2               581.3 ft.2        375.0 m.2            4,036.6 ft.2
            65.0 m.2               699.7 ft.2        418.0 m.2            4,499.5 ft.2
            67.0 m.2               721.2 ft.2        464.0 m.2            4,994.6 ft.2
            74.0 m.2               796.2 ft.2        929.0 m.2           9,999. 7 ft.2
            84.0 m.2               904.2 ft.2        1,115.0 m.2        12,001.8 ft.2
            89.0 m.2              958.02 ft.2        1,858.0 m.2        19,999.4 ft.2
            93.0 m.2              1001.0 ft.2

            16 ha.                   39.5 ac.

            Weight
            7,258.0 kg.         16,001.2 lbs.

            Volume
            7,570.0 l             1665.2 gal.

2.3.4      The following abbreviations have been used in this Bylaw:

           ac.           acre                          cm.         centimetres
           ea.           each                          F.A.R       Floor Area Ratio
           ft.           fee                           ft.2        square feet
           gpm           gallons per minute            gal.        gallons (imperial)
           l             liters                        ha.         hectare
           km.           kilometre                     kPa         kilopascals
           m.            metre                         m.2         square metres
           MPC           Municipal Planning            mm          millimetres
                         Commission                    No.         number
           %             percent                       #           number

2.4        DEFINITIONS

2.4.1      Words and terms used in this Bylaw shall have the same meaning as given to them in
           the Municipal Government Act unless otherwise defined in this section.

2.4.2      When no definition is provided in the Municipal Government Act, the Alberta
           Interpretation Act or this Bylaw, Webster's New Collegiate Dictionary shall be used.
           Words used in the singular include words in the plural, and words using masculine
           gender include the feminine gender.

2.4.3      Definitions and sections that have been reproduced from the Municipal Government
           Act are in bold-face italics and have been added for the convenience of the user of
           the Bylaw.

           "abattoir" means a place where domestic animals are slaughtered, dressed and
           packaged for retail distribution.




Land Use Bylaw 3960/99                                                                     -5-
PART 2
DEFINITIONS                                                                     Town of High River

           "abut" or "abutting" means immediately contiguous to or physically touching, and
           when used with respect to a lot or site, means that the lot or site physically touches
           upon another lot, site, or piece of land, and shares a property line or boundary line
           with it.

           “access” means direct and abutting access to a public road way or an access
           easement agreement in a form satisfactory to the town registered against the lots
           affected.

           "accessory building" means a building which is not attached to, or part of, a main
           building, but which is incidental and subordinate to a main building and located on
           the same site.

           "accessory use" means a use of a building or site which is incidental to and
           subordinate to the principal use of the site on which it is located or the purpose and
           intent of the district in which the use is proposed.

           "Act" means the Municipal Government Act 1994, Chapter M-26.1 as amended.

           "adjacent land" means land that is contiguous to the parcel of land proposed for
           development, subdivision or redesignation and includes land that would be
           contiguous if not for a highway, street, road, river, stream, Municipal Reserve or
           Environmental Reserve.

           "adult day support facility" means a development providing a non-medical range
           of support and supervision services on a week day basis for adults who are frail,
           elderly, chronically disabled or possess a cognitive deficit. Overnight accommo-
           dations are not permitted. This category does not include medical clinics, extended
           medical treatment services, acute care facilities, hospitals, long term care facilities,
           nursing homes, senior citizen lodges, group homes or institutions of a similar nature.

           "amenity area" means an area within a site which has been designed to serve as a
           useful area for passive or active recreation and may include patios, landscaped areas,
           balconies, recreation facilities or communal lounges.

           "amusement arcade" means any facility or part of a facility where four or more
           mechanical or electronic games are kept for the purpose of furnishing entertainment
           or amusement to the public for a fee.

           "amusement centre" means a facility or establishment that provides amusement,
           entertainment or games through the use of any coin or token operated machine or
           device. The machine or device may be mechanical, electrical or electronic.

           "apartment" or "apartment building" means a single building comprised of three
           or more dwelling units with shared entrance facilities, where none of the dwelling
           units are rented or are available for rent or occupation for periods of less than 30
           days.
Land Use Bylaw 3960/99                                                                         -6-
PART 2
DEFINITIONS                                                                     Town of High River

           "appliances, major" means a large household device or equipment operated by
           combustible fuel or by electricity, which, for the avoidance of doubt, may include a
           stove or range, refrigerator, freezer, oven, microwave oven, dishwasher, washer,
           dryer, and such similar items as determined by the Development Officer or the
           Municipal Planning Commission.

           "appliances, minor or small" means a household device or equipment operated by
           electricity, which, for the avoidance of doubt, may include a toaster oven, coffee
           percolator, vacuum cleaner, toaster, water kettle, fry pan, blender, mixer, hair dryer,
           hair blower, curling iron, shaver, clothes iron, portable heater, range hood, crock pot,
           and such similar items as determined by the Development Officer or the Municipal
           Planning Commission.

           "art, craft and photography studios" mean a development used for the purpose of
           small scale on-site production of goods by simple processes or hand manufacturing,
           primarily involving the use of hand tools. Typical uses include pottery, ceramic and
           sculpture studios, custom jewellery manufacturing and artist and photography stu-
           dios.

           "arterial roadway or streets" means a street intended to carry large volumes of all
           types of traffic moving at medium to high speeds, to serve the major traffic flows
           between principal areas of traffic generation and also connect to urban arterials and
           collectors. Arterial roadways or streets desirably have no direct access to
           development.

           "ATM" means a financial institution's automatic teller machine that is used for
           depositing and dispensing monetary transactions. The unit may be part of financial
           institution, retail outlet, or a building or a stand alone kiosk.

           "attached housing" means a building designed and built to contain three or more
           dwelling units separated from each other by a fire wall with each unit having separate
           entrances from grade level. For purposes of this Bylaw, Fourplexes, Garden, Linked,
           Row, Townhouse, and Triplex units which meet these criteria are considered to be
           attached houses.

           "auction rooms" mean a building containing rooms specifically intended for the
           auctioning of goods and equipment, including temporary storage of such goods and
           equipment.

           "automobile sales, service and repairs" means a development used for the retail
           sale or rental of new or used automobiles together with the servicing and mechanical
           repairs of automobiles and similar automotive vehicles. Included in this category are
           transmission shops, muffler shops, wheel alignment and brake shops, cosmetic
           polishing, rust proofing and undercoating shops, auto body repair and paint shops,
           and such similar items as determined by the Development Officer or the Municipal
           Planning Commission. Not included in this category are car and truck washing

Land Use Bylaw 3960/99                                                                         -7-
PART 2
DEFINITIONS                                                                       Town of High River

           establishments, auto wrecking and salvaging, auto scrap or "parts" yards, service
           stations or gas bars.

           "automotive accessories and parts" means a development used for the purpose of
           selling and installing automobile accessories and parts on a retail basis. This
           category includes customizing shops, tire shops, automotive glass shops, automobile
           restoration shops, upholstery shops, automobile radio equipment sales and such
           similar items as determined by the Development Officer or the Municipal Planning
           Commission. Not included are car and truck washing establishments, auto wrecking
           and salvaging, auto scrap or "parts" yards, service stations or gas bars.

           "auto wreckers and salvagers" means a development used for the purpose of
           dismantling and salvaging derelict, demolished, damaged, scrapped, or junked
           vehicles for reusable parts. The development may include a towing operation, stock
           piling of salvaged parts, and installation of recycled parts. Facilities for the sale of
           gasoline, diesel or propane fuels and lubricating oil are not permitted.

           "awning" means a cloth like or lightweight shelter projecting from a building.

           "bachelor unit" means a dwelling unit in which the sleeping and living areas are
           combined and which is not reasonably capable of being developed as a unit
           containing one or more bedrooms.

           "balcony" means an elevated platform, which is greater than 0.6m (2ft.) above grade
           and width, projecting from a wall and having an outer railing or parapet.

           "bareland condominium" means land that is situated within a parcel and is a unit in
           a bareland condominium plan or a proposed bareland condominium plan. In this
           Bylaw a bareland condominium unit is considered to be a site.

           "basement" means that portion of a building or structure which is wholly or partially
           below grade and having not more than one half of its height from finished floor to
           finished ceiling above finished grade.

           "bay" means a self contained unit of part of a building or the whole building which
           can be sold or leased for individual occupancy.

           "bed and breakfast accommodation" means an accessory use carried on within an
           owner occupied single-detached dwelling where temporary accommodation is
           provided for remuneration. Rooms shall not contain kitchen facilities and only one
           meal shall be provided on a daily basis to registered guests where such meal is
           prepared in one common kitchen and served in one common room. Occupancy shall
           be for a period of fourteen (14) days or less (without right of renewal).

          "billiard hall and pool room" means a development where the primary function is
           the rental of billiard tables, pool tables, or any similar games tables to the public for a

Land Use Bylaw 3960/99                                                                            -8-
PART 2
DEFINITIONS                                                                      Town of High River

           fee and where no more than three mechanical or electronic games are kept for the
           purpose of furnishing entertainment or amusement.

           "bottle depot" means a development used for the buying and temporary storage of
           bottles and cans for reuse, and may include the case lot sale of non-alcoholic
           beverages. Not included in this category are the sale of confectionery packaged food
           stuffs or party items.

           "box store" means a building used for the interior storage and retailing of goods,
           materials, merchandise, and products in case lot or bulk quantities. No outside
           storage is permitted.

           "broadcasting facilities" mean a development used for the production and/or
           broadcasting of audio and visual programmes typically associated with radio,
           television and motion picture studios.

           "buffer" means a row of trees or shrubs, an earth berm or fencing to provide visual
           screening, noise abatement and separation between sites, districts, and non-
           compatible uses.

           "building" means any thing constructed or placed in, on, over, or under land but
           does not include a highway or a public roadway or a bridge forming part of a
           highway or public roadway.

           "building or bay area" means the greatest horizontal area of a building above grade
           within the outside surface of exterior walls, or within the outside surface of exterior
           walls and the centre line of fire walls.

           "building height" means the vertical distance between grade and the highest point
           of a building, excluding: a roof stairway entrance, elevator shaft, a ventilating fan, a
           skylight, a steeple, a chimney, a smoke stack, a fire wall or a parapet wall, a flagpole,
           or similar devices not structurally essential to the building.




Land Use Bylaw 3960/99                                                                          -9-
PART 2
DEFINITIONS              Town of High River




Land Use Bylaw 3960/99                - 10 -
PART 2
DEFINITIONS                                                                    Town of High River

           "building permit" means a permit or document issued in writing by a designated
           Safety Codes Officer within the building discipline pursuant to the Municipal Permit
           Bylaw authorizing the commencement of a use, occupancy relocation, renovation
           construction, or demolition of any building.

           "building supply centre" means a commercial retail establishment where building
           materials, household accessories, and other related goods are stored, offered, or kept
           for sale and may include outside storage.

           "building, temporary" means a building constructed or placed without any
           foundation below grade or any other structure determined by the Development
           Officer or the Municipal Planning Commission to be temporary as a condition to the
           issuance of a development permit.

           "bulk fuel storage and distribution facilities" means a development for the
           purpose of storing natural gas and petroleum products for distribution to customers.

           "Bylaw" means the Town of High River Land Use Bylaw.

           "Bylaw Enforcement Officer" means an official of the Town of High River
           charged with the responsibility of enforcing the provisions of any bylaw adopted by
           Council.

           "cafeteria" means a building where food and non-alcoholic beverages are offered
           for sale on the premises on a self serve basis.

           "caliper" means the diameter of the trunk of a tree measured at 0.3 m. (1 ft.) above
           the ground.

           "campgrounds" means the development of land which has been planned and
           improved for the seasonal short term use of holiday trailers, motor homes, tents,
           campers, and similar recreational vehicles, and is not used as year round storage or
           accommodation for residential use. Tourist trailer parks, campsites, and tenting
           grounds have a corresponding meaning.

           "cannery" means an industrial development where foods are processed and canned.

           "canopy" means a non-retractable solid projection extending from the wall of a
           building and intended to be used as a protection against weather. Normal
           architectural features such as lintels, sills, mouldings, architraves and pediments are
           not included: however, structures such as theatre marquees are. Canopies are
           considered as part of the principal building.

           "canopy sign" see "sign, canopy".



Land Use Bylaw 3960/99                                                                       - 11 -
PART 2
DEFINITIONS                                                                      Town of High River

           "car and truck washing establishment" means a building or a facility for washing
           vehicles on a commercial basis.

           "carport" means a structure designed and used for the shelter or storage of not more
           than two private motor vehicles, and consisting of a roof supported on posts or
           columns and not enclosed on more than two sides whether separated from or attached
           to the principal building on a site.

           "carriageway" means that portion of the road right-of-way available for vehicular
           movement. Included are the travelling lanes, medians, parking and other auxiliary
           lanes. Not included are the shoulders, sidewalks and other associated pedestrian
           areas.

           "cemetery" means the development of a parcel of land primarily as landscaped open
           space for the entombment of the deceased, and may include the following accessory
           uses: crematories, cinerariums, columbariums, and mausoleums. Typical uses
           include memorial parks, burial grounds and gardens of remembrance.

           "certificate of compliance" means a written statement issued by the Designated
           Officer, which is based upon a real property report, confirming that the bay, building,
           structure or use meets the requirements of this Land Use Bylaw in all respects or is
           treated as a legal non-conforming bay, building, structure or use.

           "child care facilities" means the use of a building or a portion thereof for the
           provision of care, maintenance and supervision of children under the age of 13 years,
           by persons other than one related by blood or marriage, for periods not exceeding 24
           consecutive hours and includes all day-care centres, kindergartens, nurseries, and
           after school or baby-sitting programs which meet this definition.

           "clinic" means a public or private medical, surgical, dental, physio, therapeutic or
           other health establishment regularly staffed by practising physicians, dentists, veter-
           inarians or other qualified medical practitioners. Hospitals are not included in this
           category.

           “collector roadway or street” means a street or roadway that collects and distributes
           traffic from arterial roads and streets to other collectors and local roads and streets to
           serve the community. Full access to adjacent properties is generally allowed on
           collectors.

           "communication structures (public or private)" means structures used for the
           purpose of transmitting, relaying, or receiving television, radio, microwave, and other
           similar signals. Included are such items as antennas and satellite dishes.

           "community buildings and facilities" means buildings and facilities which are
           available for the use and enjoyment of the inhabitants of the municipality and


Land Use Bylaw 3960/99                                                                         - 12 -
PART 2
DEFINITIONS
                                                                Town of High River
           surrounding rural area for the purposes of assembly, culture, and recreational
           activities. Also included are buildings, installations and facilities owned or operated
           by or for the Municipality, the Provincial Government, the Federal Government, or a
           corporation under federal or provincial statute, for the purpose of furnishing services
           or commodities to or for the use of the inhabitants of the municipality and
           surrounding rural area. Churches are not included in this category.

           "condominium" means a condominium plan registered in a Land Titles Office that
           complies with the requirement of the Alberta Condominium Property Act.

           "construct" means to build, rebuild, or relocate and without limiting the generality
           of the word, also includes:

           (a)     any preliminary operation such as excavation, filling or draining;
           (b)     altering an existing building or structure by addition, enlargement, extension,
                   or other structural change; and
           (c)     any work which requires a Building Permit from the Town of High River.

           "convenience store" means a retail outlet selling goods and food stuffs required by
           area residents on a day-to- day basis from business premises which do not exceed
           278 m.² (2992.5 ft.²) in gross floor area. Typical uses include small food and variety
           stores selling confectionery, tobacco, groceries, non-alcoholic beverages, postal and
           ATM services, prepared foods, and personal care items. This category does not
           include large chain grocery stores.

           "corner" means the intersection of two property lines of a site.

           "corner lot” means a lot or site located at the intersection of two public roadways,
           other than lanes, or a lot or site located abutting a public roadway, other than a lane,
           which substantially changes direction at any point where it abuts the lot or site.

           "Council" means the Council of the Town of High River.

           "coverage of site" means the combined area of all buildings or structures on a site,
           including accessory buildings or structures, measured at a point at grade directly
           below the outside surface of the exterior walls of the structure at the first story floor
           level, including projections less that 2.5 m. (8 ft.) above finished grade which
           includes and is not limited to supported balconies, open or covered porches and
           veranda, covered terraces and all other spaces within a building, excluding steps,
           eaves, cornices, and similar projections, and unenclosed inner and outer courts and
           decks and patios which are less than 0.6 m. (2 ft.) above grade.”
           .
           "cultural establishments" mean developments which are available to the public for
           the purpose of assembly, instruction, cultural or community activity and include such




Land Use Bylaw 3960/99                                                                        - 13 -
PART 2
DEFINITIONS                                                                      Town of High River

           things as a library, a museum, an art gallery, and so forth. Churches are not included
           in this category.

           "crematorium" means an establishment with one or more cremation chambers used
           for the reduction of the human body by heat and the keeping of human bodies other
           than in cemeteries, related funeral services including the preparation of the dead,
           arranging and directing funerals, and may include mausoleums and columbariums.

           "deck" means an open-sided platform adjoining a building and the height of which is
           up to and does not exceed 0.6 m. (2 ft.) from grade. A deck may have a railing but a
           major portion of the perimeter is open and unobstructed.

           "density" means the number of dwelling units on a site expressed in units per acre or
           hectare. Density may be further defined by:

           (a)     "dwelling units per gross hectare (acre)" means the maximum number of
                   dwelling units permitted for each hectare (acre) of land and includes all lands
                   within the site: it does not include environmental reserve lands as defined in
                   the Act;

           (b)     "dwelling units per net hectares (acre)" means the number of dwelling
                   units allowed for each hectares (acre) of land, and it does not include those
                   lands within the site required for public roads, public utility lots, environ--
                   mental reserve, and municipal and school reserve.

           "designated officer(s)" means those persons designated by bylaw under the Act and
           for purposes of this Bylaw, are the Development Officer, Subdivision Officer, Chief
           Administrative Officer and Bylaw Enforcement Officer of the Town of High River.

           "development" means:

           (a)     an excavation or stockpile and the creation of either of them; or

           (b)     a building or an addition to, or replacement or repair of a building and the
                   construction or placing in, on, over, or under land of any of them; or

           (c)     a change of use of land or a building or an act done in relation to land or a
                   building that results in or is likely to result in a change in the use of the land
                   or building; or

           (d)     a change in the intensity of use of land or a building or an act done in
                   relation to land or a building that results in or is likely to result in a change
                   in the intensity of use of the land or building.

           "Development Officer" means:


Land Use Bylaw 3960/99                                                                         - 14 -
PART 2
DEFINITIONS                                                                     Town of High River

           (a)     the person designated by bylaw as a Development Officer pursuant to this
                   Land Use Bylaw; or

           (b)     where a Municipal Planning Commission is authorized to act as
                   Development Officer, the Municipal Planning Commission; or

           (c)     where a Municipal Planning Commission is authorized to act as
                   Development Officer, in addition to a person appointed as a Development
                   Officer, either or both of them.

           The expression "Development Authority" has a corresponding meaning.

           "development impact assessment (DIA)" means a statement prepared by a
           professional with expertise in environmental conditions on how a development
           proposal and other major actions would affect the environment.

           "development permit" means a document authorizing a development, issued by a
           Development Officer pursuant to this Bylaw, or any other legislation authorizing
           development within the Town of High River, and includes the plans and conditions
           of approval.

           "developed site" means, in the case of:

           (a)     residential districts or parcel, the parcel has a habitable dwelling constructed
                   on it;

           (b)     industrial, co commercial and recreational districts or parcel, the lot has a
                   principal building constructed on the parcel or the parcel is occupied by its
                   prime use as specified in the development permit issued for the parcel.

           (c)     agricultural parcel, the parcel is used for extensive or intensive agricultural
                   purposes or the parcel is occupied by its prime use as specified in the
                   development permit issued for the parcel;

           "discretionary" means in the context of this Bylaw, that the approving authority
           may or may not issue a permit, order or notice.

           “discretionary use” means a use of land or of a building which is in the section
           captioned “Permitted and Discretionary Uses” within the applicable land use district
           for which a development permit may be issued, with or without condition, by the
           approving authority.

           "district" means an area of land designated in Section 8 of this Bylaw for which a
           specific set of land uses and rules have been set forth, or in the case of a Direct Con-
           trol District, are determined by Council.


Land Use Bylaw 3960/99                                                                       - 15 -
PART 2
DEFINITIONS                                                                   Town of High River

           "drinking establishment" means an establishment licensed by the Alberta Liquor
           Control Board where alcoholic beverages are served for consumption on the
           premises.

           “drinking establishment major” means an established licensed by the Alberta
           Liquor Control Board where alcoholic beverages are served for consumption on the
           site. This use class provides food and alcoholic beverages to large groups where the
           seating capacity of the establishment exceeds 75 persons. This class includes
           beverage rooms, bars, saloons, beer halls, cocktail lounges, cabarets, nightclubs,
           theatre restaurants and banquet facilities.

           "drinking establishment minor" means an establishment licensed by the Alberta
           Liquor Control Board where alcoholic beverages are served for consumption on the
           site. The seating capacity of the establishment does not exceed 75 persons. This
           class included cafes, cafeteria and lunch rooms, delicatessens, neighbourhood pubs or
           sports bar, tea room and refreshment stands.

           "drive-in food services" means a development used for eating which offers a
           limited menu produced in a manner that allows rapid customer service and includes
           one or more of the following features: car attendant services; drive through food
           pick-up services; or parking primarily intended for the on-site consumption of food
           within a motor vehicle.

           "duplex" means a building containing two dwelling units, one above the other, each
           with a separate entrance from grade level.

           "dwelling cluster" means two or more buildings each containing two or more
           dwelling units, located on a site or a number of adjoining sites where all buildings,
           recreation areas, vehicular areas, landscaping, and all other features have been
           planned as an integrated development.

           "dwelling, semi-detached" means a building designed to accommodate two
           dwelling units separated by a fire rated common wall from foundation to underside of
           the roof sheathing with not less than 3.5 metres (12 ft.) in length of the common wall
           of the habitable floor space or 75% of a common wall of an attached garage forming
           the separation.                                                       Bylaw 4029/2002

           "dwelling, single family detached" means a building which contains only one
           dwelling unit, and except as otherwise allowed in this Bylaw, is used for no other
           purpose. This category does not include a mobile home.

           "dwelling unit" means a set or a suite of rooms used for habitation by a family,
           containing cooking, kitchen, sleeping and sanitary facilities and having a separate
           entrance or an entrance controlled by the person occupying the unit.
                                                                                Bylaw 4240/2009


Land Use Bylaw 3960/99                                                                      - 16 -
PART 2
DEFINITIONS                                                                    Town of High River

           "easement" means a right to use land, generally for access to other property or as a
           right-of-way for a public utility.

           "eaveline" means the line formed by the intersection of the wall and roof joist of a
           building, or the projecting lower edges of a roof overhanging the wall.

           "Environmental Impact Assessment (EIA)" means a statement prepared in
           accordance with the Alberta Environmental Protection legislation on the effect of
           development proposals and other major actions which significantly affect the
           environment.

           "equipment rental establishment" means a development used for the rental of
           tools, minor and major appliances, office machines, light construction equipment, or
           similar items. This does not include the rental of motor vehicles.

           "equipment service centres or shops" means the rental, repair, sale, service and
           storage of agricultural and industrial equipment, light and heavy duty trucks, and
           includes but is not limited to tire shops including vulcanizing or retreading, radiator
           repair, general automotive repair services including brakes, electrical and ignition,
           engine rebuilding, exhaust systems, and other similar equipment or repair of a
           heavy duty mechanical nature.                                        Bylaw 4029/2002

           "essential utility" means any utility which is necessary for the health, safety, or
           welfare of the municipality and its residents, and may include a system or works used
           to provide one or more of the following:

           (i)      water or steam;
           (ii)     sewage disposal;
           (iii)    public transportation operated by or on behalf of the municipality;
           (iv)     irrigation;
           (v)      drainage;
           (vi)     fuel;
           (vii)    electric power;
           (viii)   heat;
           (ix)     waste management; and
           (x)      telecommunications.                                         Bylaw 4076/2004

           "excavation" means any breaking of ground, except common household gardening
           and ground care.

           "existing" means existing as of the date of adoption of this Bylaw or any
           amendments thereto.




Land Use Bylaw 3960/99                                                                      - 17 -
PART 2
DEFINITIONS                                                                    Town of High River

           "family" means one or more persons related by marriage, blood, common law,
           adoption or foster parenthood; and not more than four unrelated persons sharing one
           dwelling unit.                                                    Bylaw 4240/2009

           "fee simple" means a lot created under Part 17 of the Municipal Government Act
           and registered in the Land Titles Office for which a certificate of title has been
           issued. “Lot” has a corresponding meaning.

           "fence" means a vertical physical barrier constructed to prevent visual intrusion,
           sound abatement, or unauthorized access.

           "financial institution" means a bank, trust company, credit union, or similar
           establishment and includes automatic teller machines (ATM).

           "fire separation" means a construction assembly that acts as a barrier against the
           spread of fire, and may be required to have a fire resistance rating.

           "fire wall" means a type of fire separation of non-combustible construction which
           subdivides a building or separates adjoining buildings to resist the spread of fire and
           which has a fire resistance rating.

           "floor area" means a finished floor area intended for human occupancy.

           "floodplain/flood risk area" means the area which would be inundated by flood
           waters of a magnitude likely to occur once in one hundred years. The flood risk area
           may include an ice hazard zone.

           "floodway" means a river or other channel and adjoining lands which have the
           greatest risk due to the depth, speed and force of flood waters.

           "freeboard" means a distance or factor of safety generally above the design flood
           level (generally the one hundred year flood level or one percent chance flood level)
           as determined by the regulatory authority.

           "foundation" means the lower portion of a building, usually concrete or masonry,
           and includes the footings, which transfers the weight of and loads on a building to the
           ground.

           "fourplex" means a single building comprised of four attached dwelling units, each
           unit having a separate direct entrance from grade.

           “fragmented land” means an area of land that is severed or separated from the lands
           held in title by a public roadway, railway, river or other permanent water body shown
           on a registered plan, township plan, or appears as an exception on the Certificate of
           Title.


Land Use Bylaw 3960/99                                                                       - 18 -
PART 2
DEFINITIONS                                                                      Town of High River

           "freight terminal" means a facility accommodating the storage and distribution of
           freight shipped by air, rail, or highway transportation.

           "frontage" means the length of a street boundary measured along the front lot line.
           On double fronting lots all sides of a lot adjacent to streets shall be considered front-
           age.

           "funeral home" means an establishment for the arrangement of funerals, the
           preparation of the dead for burial or cremation, the holding of funeral services and
           the carrying out of cremations, where not more than one cremation chamber is
           provided.

           "garage", private" means an accessory building designed and used for storage of
           private motor vehicles, but does not include a carport.

           "garage, public" means premises used or intended to be used for the sale of
           gasoline, lubrication oils and associated automotive fluids only.

           "garden suite" means a temporary moveable single detached dwelling which is the
           second dwelling unit on the lot. Garden suites are occupied by elderly relatives of
           the owner of the principal residence and the unit is removed when it is no longer
           required by elderly relatives.

           "gas bar" means a facility for the sale only of gasoline, lubricating oils and
           associated automotive fluids with no other services provided.

           "grade" (for determining the height of buildings) means the average level of
           finished ground adjoining a building at all exterior walls.

           "gradient" means the relationship of the vertical distance of a slope to its horizontal
           distance.

           "greenhouse, private" means an accessory building designed and used for growing
           plants for domestic rather than commercial use.

           "gross leasable area" means the total floor area of a building contained within the
           outside surface of the exterior and basement walls and includes enclosed and heated
           malls. Not included are mechanical and utility rooms, public washrooms, stairwells
           and elevators.

           "gross floor area" means the total floor area of each floor of a building measured to
           the outside surface of the exterior walls or, where buildings are separated by fire
           walls, to the centre line of the common fire wall.




Land Use Bylaw 3960/99                                                                        - 19 -
PART 2
DEFINITIONS                                                                   Town of High River

           "ground cover" means vegetation, other than grass, commonly used for landscaping
           purposes and includes herbaceous perennials and flowers.

           "habitable floor area" means any finished floor area intended primarily for human
           occupancy and meets the Alberta Building Standards Act and the regulations there
           under and for the avoidance of doubt includes: kitchen, bathroom, hallways,
           stairways and closets but does not include porches or verandas.

           “highway/expressway” means a highway or proposed highway that is designated as
           a primary highway or a road or street.

           "historical site" means a site or a building or both designated to be of historical
           significance by the Government of Canada, the Government of Alberta or the Town.

           "holiday trailer" or "travel trailer" means a transportable unit designed to be
           transported on its own wheels or by other means (including units permanently
           mounted or otherwise on trucks) designed or constructed or reconstructed in such a
           manner as will permit its use for temporary dwelling accommodation for travel and
           recreational purposes only, but does not include a mobile home.

           "home occupation" means:

           (a)     a development consisting of the use of a professional or business office for
                   gain or support which is limited to a desk and telephone operation. Typical
                   uses would include contractors, accountants and catalogue sales where there
                   is no warehousing of goods and no client contact in the home; or

           (b)     a development consisting of the use of a dwelling or accessory building for
                   an occupation, trade or craft for gain or support with a limited amount of
                   client contact in the home and with limited inside storage on site. Typical
                   uses include those listed in (a), dressmaking, hair dressing, domestic home
                   crafts, the manufacture of novelties, souvenirs, and handicrafts as an
                   extension of a hobby, and individual instruction to music students; or

           (c)     a development consisting of the use of a dwelling or accessory building to
                   accommodate small start-up businesses for a limited period of time, with
                   limited inside storage on site and no client contact in the home. Small
                   business occupations are small in scale and compatible with a residential
                   area. The intent of this use class is to allow new businesses to start which
                   will ultimately relocate to non-residential districts.

            "hospital" means a development providing room, board, and surgical or other
            medical treatment for the sick, injured or infirm including out-patient services and
            accessory staff residences. Typical uses include hospitals, sanatoria, nursing homes,



Land Use Bylaw 3960/99                                                                      - 20 -
PART 2
DEFINITIONS                                                                      Town of High River

           convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and
           detoxification centres.

           "hotel" means a building used primarily for sleeping accommodation and ancillary
           services provided in rooms or suites or rooms, which may contain bar or kitchen
           facilities or both where such rooms or suites of rooms are rented or are available for
           occupation for a period of less than seven days and the occupier or renter has no right
           of renewal. For purposes of this Bylaw, a hotel may contain, where permitted, a res-
           taurant, a dining room, cocktail lounge or public convention facilities. Hotels may
           include a manager's suite/dwelling accommodation.

           "household repair services" means a development used for the provision of repair
           services to goods, equipment and appliances normally found within the home. This
           includes radio, television and appliance repair shops, furniture refinishing and
           upholstery shops.

           "industrial equipment sales and rentals" means a development used for the sale or
           rental of equipment typically used in building, roadway, pipeline, oilfield, or mining
           construction. This does not include Truck and Manufactured Home Sales and
           Rentals.

           "industrial service shops" means a building used for assembly, fabrication, or
           repairing of goods or products. Typical uses associated with this category include
           electrical, heating, metal, plumbing, welding, woodworking, cabinet making,
           upholstering, furniture repair, painting, and similar uses.

            "infill development, residential" means, for the purposes of this Bylaw, new
           residential development (including accessory buildings) occurring in existing mature
           residential neighbourhoods (as illustrated on the Areas Subject to Special Rules for
           Infill Development map in Section 10 of this Bylaw), and which are subject to
           specific design criteria established in section 9 of this Bylaw. Not included in this
           category are the development of new single or multi-unit dwellings in any area not
           designated as an infill area on the above noted map. (Note: Additions or renovations
           to existing buildings in the designated infill areas shall be subject to the provision
           cited herein above.)

           "institution or institutional use" means development of a public character
           including governmental, religious, charitable, educational, health and welfare
           activities having a close affinity to public service to the regional area and population
           intended to be served by the development.

           "issue" or "issued" means the date a development permit, subdivision approval or
           an order or a certificate of compliance is dated and signed by the Designated Officer
           in the course of his duties.



Land Use Bylaw 3960/99                                                                        - 21 -
PART 2
DEFINITIONS                                                                     Town of High River

           "laboratory" means a development used for the purpose of scientific or technical
           research, investigation or experimentation.

           "landscaped area" means that portion of a site which is required to be landscaped
           pursuant to a development permit.

           "landscaping" means the modification and enhancement of a site through the use of
           any or all of the following elements:

           (a)     soft landscaping: consisting of vegetation such as trees, shrubs, hedges,
                   grass, and ground cover; and

           (b)     hard landscaping: consisting of non-vegetative materials such as brick,
                   stone, concrete, tile and wood.

           "lane" means a public thoroughfare with a right-of-way width of not greater than 9
           m. (29.5 ft.) and not less than 6 m. (19.7 ft.) which provides a secondary means of
           vehicle access to a site or sites.

           "laundromat" means a development used for the purposes of cleaning clothing or
           other goods made of fabrics on a self serve basis.

           “liquor store” means a development licensed by the Province of Alberta in which
           alcoholic beverages are sold to the public and intended to be consumed off the
           premises. Bylaw 4082/2004

           "loading space" means a space to accommodate a commercial vehicle while it is
           being loaded or unloaded.

           "local authority" means:
           (a)     a municipal authority;
           (b)     a district as defined in the Hospitals Act;
           (c)     the local board of health unit under the Public Health Act;
           (d)     a regional health authority under the Regional Health Authorities Act;
           (e)     a regional services commission; and
           f)       the board of trustees of a district or division as defined in the School
                   Act.

           "local roadway or street" means a street or roadway that provides unrestricted
           direct access to and connects with collectors and other local roadways.

           "lot" means that land area contained within the boundaries of a lot as shown on a
           Plan of Subdivision or described in a Certificate of Title and created under Part 17 of
           the Municipal Government Act. “Fee Simple” has a corresponding meaning. It does
           not include a "bare land unit" created under the Condominium Property Act.


Land Use Bylaw 3960/99                                                                         - 22 -
PART 2
DEFINITIONS                                                                     Town of High River

           "lot coverage" means that portion of the lot area covered by the principal building,
           accessory buildings or other similar covered structures.

           "lot frontage" means the shortest lot line which abuts a street, other than a bridge,
           lane, or walkway and in the case of a lot which has two equal lot lines each of which
           abut a street, other than a bridge, lane or walkway, means the street to which the lot
           has been municipally addressed.

           “lot line” means a legally defined limit of any lot. “boundary”, or “boundary
           line” and “property line” have a corresponding meaning.

           “lot width” see “site width”

           "lumber yard" means a lot or building or both where bulk supplies of lumber and
           other building materials are stored, offered, or kept for retail sale and may include
           storage on or about the premises of such material. Not included in this category are
           retail sales of furniture, appliances or other goods not ordinarily used in building and
           construction.

           "medical clinic" means a facility for the provision of human health services without
           overnight accommodation for patients and may include associated office space.

           "mixed use development" means a development with at least two major uses or
           components, one of which must, for the purposes of this bylaw, be residential. An
           example would be a building in the downtown area having either a commercial retail
           or office component on the first one or two floors and a residential component on the
           rest of the floors above.

           "manufactured home" means a building containing one dwelling unit which is
           constructed in conformance to the Alberta Safety Codes Act and the Canadian
           Standards Association Regulation CAN/CSA-Z240 MH Series 92. It is designed and
           constructed entirely within a factory environment, supported on longitudinal floor
           beams, contains factory installed electrical, plumbing and heating systems and
           transported on its own chassis and dollies (wheel) system or flat bed truck in not
           more than two pieces to a site. The building, when placed and anchored on
           foundation supports and is connected to utilities, is ready for human occupancy.
                                                                                Bylaw 4240/2009
           "manufactured home park" means a parcel of land under one title, which provides
           spaces for the long-term parking and occupancy of manufactured homes as defined
           under "manufactured home".

           "manufactured modular home" means a building containing one dwelling unit
           which is constructed in conformance to Canadian Standards Association Regulation
           CAN/CSA-A277-90. It is a factory-built, transportable building which is designed to



Land Use Bylaw 3960/99                                                                       - 23 -
PART 2
DEFINITIONS                                                                    Town of High River

           be used by itself or to be incorporated with similar units at a building site into a
           modular structure. The building, when placed and anchored on a permanent
           foundation and is connected to utilities, is ready for human occupancy. Portions of
           the electrical, plumbing and heating systems may not be factory installed. The term is
           intended to apply to major assemblies and does not include prefabricated panels,
           trusses, plumbing trees, and other prefabricated sub-elements which are to be
           incorporated into a structure at the site. For the purposes of this Bylaw, a
           manufactured modular home does not include a "manufactured home".
                                                                               Bylaw 4240/2009
           "motel" means a development used for the provision of rooms or suites for
           temporary lodging or light housekeeping for the travelling public. They may include
           Restaurants and Minor Drinking Establishments, Personal Service Shops, Convention
           and Meeting Facilities and a Manager's Suite/Dwelling Accommodation.
                                                                               Bylaw 4022/2001

           "multi-family dwelling" means a triplex, fourplex, townhouse, attached housing,
           dwelling cluster or apartment building.

           "municipality" means:

           (a)     the Municipal corporation of the Town of High River; or

           (b)     where the context requires, means the area of land contained within the
                   boundaries of the Municipality's corporate limits at the time of adoption of
                   this Bylaw, or as included by any subsequent annexations.

           "municipal reserve parcel" means the land designated to be municipal reserve by a
           condition of subdivision approval granted pursuant to the Municipal Government
           Act, or land designated and registered in Land Titles as “Municipal Reserve”,
           “Reserve”, “Park”, or “Community Reserve” under former legislation.

           "Municipal Planning Commission" or "M.P.C." means the Town of High River
           Municipal Planning Commission established by Bylaw 3829/95.

           "net acre" means an acre of land upon which the principal building is located,
           including required off-street parking and landscaped areas, but does not include
           public road right-of-ways or utility lots.

           "net floor area" means the gross floor area defined by the outside dimensions for
           each floor minus the horizontal floor area on each floor used for corridors, elevators,
           stairways, mechanical rooms, and workrooms.

           "noise attenuation device" means any berm, hedge, fence, or similar feature which
           deflects or reduces sound.



Land Use Bylaw 3960/99                                                                       - 24 -
PART 2
DEFINITIONS                                                                      Town of High River

           "non-conforming building" means a building:

           (a)     that is lawfully constructed or lawfully under construction at the date a land
                   use bylaw or any amendment thereof affecting the building or land on which
                   the building is situated becomes effective; and

           (b)     that on the date the land use bylaw or any amendment thereof becomes
                   effective does not, or when constructed will not, comply with the land use
                   bylaw.

           "occupancy" means the utilization of a building or land for the use for which it has
           been approved.

           "occupancy permit" means a permit issued under the Alberta Safety Codes Act for
           the right to occupy or use the bay, building or structure for the use intended.

           "offensive or objectionable" means, when used with reference to a development, a
           use which by its nature or from the manner of carrying on the same, creates or is
           liable to create by reason of noise, vibration, smoke, dust, or other particulate matter,
           odour, toxic or non-toxic matter, radiation hazards, fire or explosive hazards, heat,
           humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste, or
           other materials, a condition which in the opinion of the Development Officer or the
           Municipal Planning Commission may be or become hazardous or injurious as regards
           health or safety, or which adversely affects the amenities of the neighbourhood or
           interferes with or may interfere with the normal enjoyment of any land, building, or
           structure.

           "offices" means a development primarily used for the provision of professional,
           management, administrative, consulting, and financial services. Typical uses include
           the offices of lawyers, accountants, engineers, architects, doctors, dentists, real estate
           agents or brokers, insurance firms, clerical, secretarial, employment, and any similar
           such operation.

           "office support services" means services provided to businesses such as clerical,
           secretarial, employment, telephone answering, photocopying, printing, reproduction
           processes, and similar uses.

           "off-street parking" means an off-street facility for parking three or more motor
           vehicles.

           "outdoor athletic/recreational facilities" means a development providing facilities
           which are available to the public at large for sports and active recreation conducted
           outdoors. Typical uses include golf courses, driving ranges, sports fields, unenclosed
           ice rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens,
           riding stables and fitness trails.


Land Use Bylaw 3960/99                                                                         - 25 -
PART 2
DEFINITIONS                                                                       Town of High River

           "outside storage" means the storing, stockpiling, or accumulating of goods,
           equipment or material in an area that is open or exposed to the natural elements. This
           does not include vehicles, waste materials, debris or garbage.

           "parapet" means a low wall or railing to protect the edge of a roof.

           "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 the Land Titles Office.

           "parking area" means a portion of land or of a building set aside for the parking of
           motor vehicles.

           "patio" means an uncovered open platform or area, without foundation, and
           constructed at or not more than 0.6 m. in height from finished grade

           “permitted” means, in the context of this Bylaw, the approving authority must issue
           a permit, order, or notice.

           "permitted use" means the use of land or of a building which is listed in the section
           captioned “Permitted and Discretionary Uses” within the applicable land use district
           for which a development permit shall be issued by the approving authority upon the
           development meeting all other requirements of this Bylaw. The approving authority
           may impose such conditions necessary to ensure compliance with the requirements of
           this Bylaw.

           "personal service shops" means a development used for the provision of personal
           services to an individual which are related to the care and appearance of the body, or
           the cleaning and repair of personal effects. This includes barbershops, hairdressers,
           beauty salons, laundromats, tailors, dressmakers and shoe repair shops. Not included
           are dry cleaning establishments.

           "plan of subdivision" means a plan of survey prepared in accordance with the Land
           Titles Act for the purpose of effecting a subdivision.

           "porch" means a roofed structure having direct access to and projecting from the
           principal building with walls that are unenclosed and open to the extent of at least
           50% and may be glazed or screened. "Veranda" has a corresponding meaning.

           "primary access" means the principal means of vehicular entry to and exit from a
           site or building.

           "principal building" means a building which accommodates the principal use of a
           site.



Land Use Bylaw 3960/99                                                                          - 26 -
PART 2
DEFINITIONS                                                                       Town of High River

           "principal use" means the main purpose for which a building or site is used.

           "private club" means development used for the meeting, social or recreational
           activities of members of a non-profit philanthropic, social service, athletic, business
           or fraternal organization, without on-site residences. Private clubs may include
           rooms for eating, drinking and assembly.

           "private park" means an open space or recreational area, other than a public park,
           operated on a commercial and/or private member basis, which include one or more of
           the following facilities or activities:

           a)      areas for walking, riding and cross-country skiing but does not include the
                   racing of animals, motor vehicles, motorcycles or snowmobiles;

           b)      recreational or playground areas such as picnic areas, tennis courts, outdoor
                   skating rinks, athletic fields;

           c)      buildings and structures accessory to the foregoing such as a refreshment
                   booth and administrative office;

           d)      parking lots accessory to the foregoing.

           "private recreational facilities and events" means any development providing
           amusement, active or passive recreation, and enjoyment for the residents, guests, or
           customers of the site on which the development is situated. Typical developments
           would include but not be limited to athletic facilities, such as swimming pools,
           squash, tennis, and racquet ball courts, golf courses, orientation programs (scouts,
           cubs) and similar recreational activities. Not included are table or electronic games,
           or bowling alleys.

           "private school" means a place of instruction, not operated by a publicly funded
           school board, which offers courses of study or professional/personal train.
           Bylaw 4152/2006

           "projection" means any structural or architectural element, building feature or other
           object that juts out, overhangs or protrudes into the prescribed yard setback of a
           district.”

           "public and quasi-public buildings and uses" means buildings, facilities and
           installations owned or operated by a municipal, provincial or federal authority for the
           purposes of furnishing services or commodities to the public. Typical uses include
           town halls, fire and police stations, hospitals, tourist information centres, libraries and
           related public essential service buildings.                             Bylaw 4076/2004



Land Use Bylaw 3960/99                                                                          - 27 -
PART 2
DEFINITIONS                                                                     Town of High River

           "public park" means an open space or recreational area operated by the
           Municipality or under franchise to the Municipality which may include one or more
           of the following facilities or activities:

           a)      areas for walking, riding and cross-country skiing but does not include the
                   racing of animals, motor vehicles, motorcycles or snowmobiles;

           b)      recreational or playground areas such as picnic areas, tennis courts, outdoor
                   skating rinks, athletic fields;

           c)      buildings and structures accessory to the foregoing such as a refreshment
                   booth and administrative office;

           d)      parking lots accessory to the foregoing.

           "public recreational facilities and events" means any development providing
           amusement, active or passive recreation and enjoyment to the citizens of a
           municipality and any such facility is owned and operated by the Municipal, Provin-
           cial or Federal Government. Not included are table or electronic games or bowling
           alleys.

           "public roadway" means any street, avenue, service roadway, arterial, or collector
           roadway, local roadway shown as a road allowance on a township survey or
           registered in land titles, or secondary road as defined in the Public Highway
           Development Act but does not include a lane or controlled highway or expressway.

           "real property report" means a codified standard adopted by the Alberta Land
           Surveyors’ Association.

           "recreation vehicle" means a portable structure designed and built to be carried on a
           vehicle, or a unit designed and built to be transported on its own wheels to provide
           temporary living accommodation for travel and recreational purposes and includes,
           but is not limited to, such vehicles as a motor home, a camper, a holiday (travel)
           trailer and a tent trailer, but does not include a manufactured home. “Holiday
           Trailer” or “Travel Trailer” have a corresponding meaning.

           "recreational vehicle sales and rentals" means development used for the retail sale
           or rental of new or used motorcycles, snowmobiles, tent trailers, boats, travel trailers
           or similar recreational vehicles or crafts, together with incidental maintenance
           services and sale of parts.

           "recycling depots" means development used for the buying and temporary storage
           of bottles, cans, newspapers and similar household goods for reuse where all storage
           is contained within an enclosed building but excludes scrap yards.



Land Use Bylaw 3960/99                                                                       - 28 -
PART 2
DEFINITIONS                                                                      Town of High River

           "religious institution" means development owned by a religious organization used
           for worship and related religious, philanthropic or social activities including
           accessory rectories, manses, classrooms and auditoriums. Typical uses include
           churches, chapels, mosques, temples, synagogues, parish halls, convents and
           monasteries.

           "restaurant" means a building where meals and beverages are offered for sale and
           served to customers on the premises.

           "restaurant - drive-in" means a building where prepared meals and beverages are
           offered for sale and served to customers in motor vehicles.

           "retail food store" means the use of a building or a portion thereof for the sale of
           foodstuffs for consumption off-premises and includes a supermarket, or grocery
           store.

           "retail store" means a building where goods, food stuffs, wares, merchandise,
           substances, articles, or things are stored, offered or kept for sale at retail prices and
           includes storage on or about the store premises of limited quantities of such goods,
           foods, wares, merchandise, substances, articles, or things sufficient only to service
           such store. This may also include limited assembly, preparation or process of
           products accessory or subordinate to the principle retail function and includes but is
           not limited to such uses as bakeries, delicatessens, glass shops, juicers, paint mixing,
           and sandwich bars.

           "row housing" means a residential use where the building or buildings on the lot
           comprise a series of three or more dwelling units horizontally attached with each
           dwelling unit having direct access to the outside grade. Also see "attached hous-
           ing" and "townhouse".

           "school-public" means a place of instruction offering courses of study and operated
           by a board of trustees under the School Act.

           "school" means a place of instruction offering courses of study. Included in this
           category are commercial schools, trade schools, public, private, and separate schools.

           "scrap yards" means a development in which used materials are stored temporarily
           on the site for reprocessing into scrap materials for sale or where useable parts for
           used goods, equipment or vehicles are sold.

           "screening" means a visual separation between site, districts, or land use activities
           provided by a fence, wall, berm or natural landscaping.

           “secondary suite” means a separate dwelling unit subsidiary to, and located in the
           same building as a single family detached dwelling.


Land Use Bylaw 3960/99                                                                        - 29 -
PART 2
DEFINITIONS                                                                      Town of High River

           "semi-detached dwelling" means a building designed and built to contain two side
           by side dwelling units, separated from each other by a party wall extending from
           foundation to roof.

           "senior citizen accommodation” means a dwelling unit or accommodation
           sponsored and administered by any public agency or any non-profit organization,
           either of which obtains its financial assistance from Federal, Provincial or Municipal
           Governments or agencies or public subscriptions or donation or any combinations
           thereof. Senior citizen accommodation may include lounge, dinning, health care and
           recreation facilities. Senior citizen homes, extended health care facilities for seniors,
           senior health care facilities have corresponding meanings.

           “senior citizen” means a person whom is eligible to obtain senior citizen benefits,
           allowances and pensions as defined by Federal and Provincial legislation and policy.
           The age criteria is normally a person who is 65 years of age or older.

           "service bay" means that part of a larger area which is used as a work area for the
           servicing or repairing of motor vehicles.

           "service station" means a facility for the service and repair of motor vehicles and
           for the sale of gasoline, lubricating oils and accessories for motor vehicles and which
           may provide towing service or a car wash.

           "shopping centre" or "shopping mall" means a unified group of commercial
           establishments on a site planned, developed and managed as a single operating unit
           with on-site parking.

           "sidewalk" means a pathway or right-of-way for pedestrian traffic.

           "sign" means anything that serves to indicate the presence or the existence of
           something, including but not limited to a lettered board, a structure, or a trademark
           displayed, erected, or otherwise developed and used or serving or intended to
           identify, to advertise or to give direction.

           "sign, “A” or Sandwich Board" means an A-shaped sign which is set upon the
           ground and has no external supporting structure.

           "sign, advertising" means a sign other than an identification or directional sign that
           directs attention to a commodity, product, merchandise produced, service or
           entertainment to a premise on which the sign is placed or a location other than on
           which the sign is placed. For purposes of this definition, but not limited to, “A” or
           sandwich board, banner, balloon, pennant or poster signs, billboards and portable
           reader board signs are deemed to be “signs - advertising”.




Land Use Bylaw 3960/99                                                                        - 30 -
PART 2
DEFINITIONS                                                                     Town of High River

           "sign, awning" means a sign attached to, constructed in, or forming part of an
           awning.

           "sign, area" means the entire area of the structure or wall face that the sign is to be
           placed.

           “sign, balloon, banner, pennant, or poster” means a sign constructed of cloth,
           canvas, bristol board, metal or plastic or similar material and depends upon existing
           structural elements for their support or anchorage. Dirigibles and hot air balloons are
           included in this class.

           "sign, billboard" means a sign supported by a structure or supports displaying
           advertising copy larger than 3 m2 (32 ft.2 ). A fence containing advertising
           information is included in this category.

           "sign, canopy" means any sign attached to, constructed in, or on a canopy.

           "sign, copy area" means the area of the smallest geometric figure which will
           enclose the actual lettering, decoration or message.

           "sign, directional" means a sign which contains no advertising, but is limited to the
           distance and direction to a place of business or other premises indicated on the sign.

           "sign, fascia" means a flat sign, plain or illuminated, running parallel for its whole
           length to the face of the building to which it is attached.

           "sign, free standing" means a self supporting structure which provides directional
           and identification information. A fence with lettering or pictorials is included in this
           category.

           "sign, identification" means a sign which contains no advertising, but is limited to
           the name, address and number of a building, institution or the occupation of the
           person, and is placed on the premises which it identifies.

           "sign, projection" means a sign which projects from a structure or a building face or
           wall.

           "sign, real estate" means a temporary sign identifying real estate that is “for sale”,
           “for lease”, “for rent”, or “sold”.

           "sign, roof" means any sign erected upon, against, or above a roof or a parapet of a
           building.




Land Use Bylaw 3960/99                                                                       - 31 -
PART 2
DEFINITIONS                                                                     Town of High River

           "sign, temporary" means a sign which is in place no longer than 21 consecutive
           days and no longer than 42 days in a year, unless a shorter period is specified in the
           Development Permit or elsewhere in Part 9 of this Bylaw.

           "sign, wall" means any sign attached to a wall of a building in such a manner that its
           leading edge is 0.2 m. (7 in.) or less from the supporting wall. This shall include
           menu display boxes.

           "sign, warning" means an on-premises sign providing a warning to the public,
           including such signs as “no trespassing” or “private”.

           "signs portable reader board" means a freestanding sign mounted on a trailer,
           stand, or similar support structure which is not permanently or structurally affixed to
           the ground, and is designed to be carried or transported from one site to another. “A”
           or sandwich board, balloon, banner, pennant and poster signs are not included in this
           category.

           "similar use" means a specific use of land or of a building that is not expressly
           mentioned in this Bylaw but which the Development Officer or Municipal Planning
           Commission has determined to be similar in character to a use listed as a Permitted or
           Discretionary Use and the purpose and intent statement in the district in which such
           use is proposed.

           "single-detached dwelling" means a building containing one dwelling unit only, and
           except as otherwise allowed in this Bylaw, is used for no other purpose, but does not
           include a manufactured home or a manufactured modular home.

           "site" means an area of land, a lot, or parcel on which a development exists or for
           which an application for a development permit or subdivision application is made.

           "site area" means the land contained within the boundaries of a site.

           "site, corner" means a site at the intersection or junction of two or more streets.

           "site depth" means the means horizontal distance between the front and the rear
           boundaries of the site.

           "site, interior" means a site which is bounded by one street.

           "site, key" means an interior site lying immediately to the rear of a reversed corner
           site or corner site.

           "site plan" means a plan drawn to scale showing the boundaries of the site, the
           location of all existing and proposed buildings upon that site, and the use or the
           intended use of the portions of the site on which no buildings are situated, and


Land Use Bylaw 3960/99                                                                           - 32 -
PART 2
DEFINITIONS                                                                    Town of High River

           showing fencing, screening, grassed areas, and the location and species of all existing
           and proposed shrubs and trees within the development.

           "site, reversed corner" means a corner site, the rear of which abuts the side of the
           site immediately to its rear, with or without a lane or an alley intervening.

           "site, width of" means the horizontal distance between the side property boundaries
           determined by:

           (a)     producing a straight line through the front and rear setback points on the side
                   property lines;

           (b)     producing a line (CD) through the midpoints of the lines established in (a);

           (c)     measuring the distance between the side property boundaries on a straight
                   line through the midpoint of a line (CD) and parallel to the front setback line
                   established in (a).




           "sites illustrated"




Land Use Bylaw 3960/99                                                                       - 33 -
PART 2
DEFINITIONS                                                           Town of High River




                         ST REET                      PROPERTY LINE


                         CORNER
                          SITE




                                               INTERIOR SITE
                                      LANE                       RIG HT
                                                                  OF
                            B                                     WAY


                                                 KEY SITE
                           A


                                               KEY     REVERSE
                                               SITE    CORNER
                         REVERSE
                         CORNER



            SIDE WALK              ST REET




                                   A= LENGTH
                                   B= W IDTH




Land Use Bylaw 3960/99                                                             - 34 -
PART 2
DEFINITIONS                                                                      Town of High River

           "sound shadow" means the area behind a berm, or similar noise attenuation device,
           so formed by a line originating at the noise source to the height of the attenuating
           device.

           "storage yard" means the use of a site for the storage of materials, products, goods
           or equipment.

           "storey" means the space between the top of any floor and the top of the next floor
           above it, and if there is no floor above it, the portion between the top of the floor and
           the ceiling above it.

           "storey, first" means the storey with its floor closest to grade and having its ceiling
           more than 1.8m (6 ft) above grade.

           "street" means a public thoroughfare including a bridge affording the principal
           means of access to abutting sites and includes the sidewalks and the land on each side
           of and contiguous to the prepared surface of the thoroughfare.

           "street, local" means an undivided roadway where all intersections are at grade,
           having direct access permitted from adjacent properties and designed to permit low
           speed travel within a neighbourhood.

           "structure" means anything constructed or erected with a fixed location on the
           ground, or attached to something having a fixed location on the ground.

           "subdivision" means the division of a parcel by an instrument and the word
           "subdivide" has corresponding meaning.

           "tea house" means a building where food and non-alcoholic beverages are sold on
           site and excludes any preparation of hot food on site.

           "temporary" means a period of time up to 1 year.

           "townhouse" means an building comprised of three or more dwelling units separated
           from each other by walls extending from foundation to roof, with each dwelling unit
           having a separate, direct, at grade entrance. Row, linked, patio, garden court or other
           housing which meet this criteria are included in this category.

           "triplex" means a building comprised of three dwelling units separated from each
           other by walls extending from foundation to roof, each having a separate, direct at
           grade entrance. Row, linked, patio, garden court or other housing which meet this
           criteria are included in this category




Land Use Bylaw 3960/99                                                                        - 35 -
PART 2
DEFINITIONS                                                                     Town of High River

           "truck and manufactured home sales or rentals" means a development used for
           the sale or rental of new or used trucks, motor homes, or manufactured homes,
           together with incidental maintenance services and the sale of parts and accessories.
           Typical uses include truck dealerships, recreation vehicle sales and manufactured
           home dealerships.

           "trucking establishments" means a development used for the purpose of storing
           and dispatching trucks and tractor trailers for transporting goods.

           "use" means the utilization of a parcel of land or building for a particular
           development activity.

           "use, change of" means the conversion of land or building, or portion thereof from
           one land use activity to another in accordance with the permitted or discretionary
           uses as listed in each land use district.

           "use, intensity of" means the degree or scale of operation of use or activity in
           relation to the amount of land and buildings associated with the use, vehicular traffic
           generation resulting thereof, amount of parking facilities required for the particular
           land use activity, etc.

           "veterinary clinic" means a facility for the care of animals and may include outdoor
           pens, runs or enclosures at the discretion of the Development Officer or the
           Municipal Planning Commission, who shall have regard for the amenities of the
           adjoining properties and the neighbourhood in general.

           "warehouse" or "warehousing" means the use of a building for the storage and
           distribution of materials, products, goods or merchandise. This does not include a box
           or warehouse store.

           "warehouse store" means the use of a building for the interior storage and retailing
           of limited range of bulky items of materials, products, goods or merchandise which
           typically require a large floor area for display to the purchaser, and may include, but
           are not limited to, carpets, furniture, paints and wall coverings, office supplies and
           furniture, major appliances, plumbing and building supply outlets. The retail and
           office floor area component occupies no more than 10% of the gross floor area.

           “wine/spirits boutique” means a development licensed by the Province of Alberta
           which is used for the retail sale of wine, specialty liquors and similar alcoholic
           beverages. It may include the limited retail sales of beer, soft drinks and snack foods.
           The maximum floor area for this land use shall be no more than 175 sq. m. (1884 sq.
           ft.) per individual business premise.                                 Bylaw 4082/2004




Land Use Bylaw 3960/99                                                                       - 36 -
PART 2
DEFINITIONS                                                                  Town of High River

           "works" means any fence, landscaping, landscape vegetation, sidewalks, pathways,
           roads or other public or private utilities associated with and required for a
           development.

           "yard" means an open space on site, unoccupied and unobstructed, and generally is
           the distance between the property or lot boundary to:

           a)      the foundation of the principal structure; or

           b)      exterior finishing materials of accessory buildings; or

           c)      the prescribed land use district yard setback distance.

           "yard, front" means the yard which extends in width between the side boundaries of
           a site and in depth from the front boundary of the site to the front yard setback as
           prescribed in the district and is determined by the majority of sites fronting on a
           street. With a corner lot, it is determined by the narrowest portion of the lot.

           "yard, rear" means district’s minimum setback requirement. The setback
           distance is calculated by taking the arithmetic mean of the two extremes of the
           range of distances measured from the rear property line to the rear faces of the
           building or structure.

           "yard, side" means a yard which extends between the side boundary of a site and the
           sideyard setback as prescribed in the district.




Land Use Bylaw 3960/99                                                                    - 37 -
Land Use Bylaw 3960/99   - 38 -
PART 3
ADMINISTRATION                                                                 Town of High River

           DEVELOPMENT OFFICER

3.1.1      Council hereby establishes the Office of the Development Officer, which is
           authorized to act on behalf of Council on those matters delegated to it by this Bylaw.
           The Office of the Development Officer shall be filled by the person or persons
           designated by Bylaw.

3.2        SUBDIVISION OFFICER

3.2.1      Council hereby establishes the Office of the Subdivision Officer, which is authorized
           to act on behalf of Council on those matters delegated to it by this Bylaw. The Office
           of the Subdivision Officer shall be filled by the person or persons designated by
           Bylaw.

3.3        MUNICIPAL PLANNING COMMISSION

3.3.1      Council hereby establishes the Office of the Municipal Planning Commission which
           is authorized by the Municipal Planning Commission Bylaw, to act on behalf of
           Council as the Development and Subdivision Approval Authority in those matters
           delegated to it by this Bylaw.

3.4        SUBDIVISION AND DEVELOPMENT APPEAL BOARD

3.4.1      The Council hereby establishes the Office of the Subdivision and Development
           Appeal Board which is authorized to perform such duties as specified in the Act and
           the Subdivision and Development Appeal Board Bylaw.

3.5        DEVELOPMENT OFFICER DUTIES AND RESPONSIBILITIES

3.5.1      The Development Officer shall:

           (a)     receive all applications for Development Permits;

           (b)     keep and maintain for the inspection of the public during office hours, a copy
                   of this Bylaw and all amendments thereto and ensure that copies of same are
                   available to the public at reasonable charge;

           (c)     keep a register of all applications for development, including the decisions
                   therein and the reasons therefore, and all orders, for a minimum period of
                   seven (7) years;

           (d)     consider and decide on applications for a Development Permit, and be
                   governed in his consideration and decision on the application by this Bylaw
                   and amendments thereto;



Land Use Bylaw 3960/99                                                                       - 39 -
PART 3
ADMINISTRATION                                                                Town of High River


           (e)     receive, consider and decide on applications for a development permit for:

                   (i)     permitted and discretionary uses;

                   (ii)    signs;

                   (iii)   fences, walls or other types of enclosures for permitted
                           discretionary uses;

                   (iv)    certificate of compliance,

                   (v)     excavations or stock piling of soil;

           (f)     receive, consider and decide on requests for time extensions for development
                   permits which the Development Officer has issued;

           (g)     receive and refer to the Municipal Planning Commission for its consideration
                   and decision:

                   (i)     applications referred to in (e) above or requests for time extensions
                           referred to in (f), which the Development Officer considers may
                           significantly affect the statutory plans and bylaws which are being
                           prepared or adopted, or Council's policies;

                   (ii)    all other applications;

           (h)     may refer for comment applications for development permits to those
                   authorities and agencies prescribed within the Subdivision and Development
                   Regulations and this Bylaw;

           (i)     advise the applicant of an application for a use which is not listed as
                   a "Permitted" or "Discretionary Use" in the district in which the
                   building or land is situated, or his option of applying to Council for
                   an amendment to this Bylaw; and

           (j)     sign and issue all Development Permits;

3.5.2      When, in the opinion of the Development Officer, sufficient details of the proposed
           development have not been included with the application for a Development Permit,
           as set out in Part 4, Section 4.3, the Development Officer may return the application
           to the applicant for further details.




Land Use Bylaw 3960/99                                                                       - 40 -
PART 3
ADMINISTRATION                                                                 Town of High River

3.5.3      After thirty (30) days from the date of referral to authorities or agencies, the
           application may be dealt with by the Development Officer, whether or not comments
           have been received.

3.5.4      The Development Officer shall approve all applications for a "Permitted Use" with or
           without conditions, upon the application conforming in all respects to the provisions
           of this Bylaw.

3.5.5      The Development Officer may issue a temporary development permit, for a use that
           is not listed as permitted or discretionary use for a period not to exceed one year.

3.5.6      In making a decision on an application for a "Discretionary Use," the Development
           Officer may:

           (a)     approve the application; or

           (b)     approve the application subject to conditions and restrictions considered
                   appropriate or necessary; or

           (c)     refuse the application.

3.5.7      The Development Officer shall not allow the permanent use of land or a building not
           listed as a "Permitted Use" or "Discretionary Use" in the district in which the
           building or land is situated.

3.5.8      The Development Officer shall not approve an application for a Development Permit
           that is not in conformity with the Municipality's Statutory Plans.

3.5.9      Notwithstanding Section 3.5.7, the Development Officer may allow a variance of any
           or all of the requirements, where in his/her discretion, the development would not
           unduly interfere with the amenities of the neighbourhood, or materially interfere with
           or affect the use, enjoyment or value of the neighbouring parcels of land.

3.5.10     The Development Officer shall not issue a permit for a development which is to be
           serviced by private sewer and water systems until the systems have been approved by
           the appropriate Municipal and Provincial departments.

3.5.11     Pursuant to the Act, where a Development Officer finds that a development or use of
           land or building is not in accordance with:

           (a)     the Act or the regulations thereunder; or

           (b)     a Development Permit or subdivision approval; or

           (c)     this Bylaw;


Land Use Bylaw 3960/99                                                                         - 41 -
Land Use Bylaw 3960/99   - 42 -
PART 3
ADMINISTRATION                                                                   Town of High River

           the Development Officer shall issue an order in writing to the registered owner, the
           person in possession of the land or building or the person responsible for the
           contravention of all or any of them to:

           (d)     stop the development or use of the land or building in whole or part as
                   directed by the notice; or

           (e)     demolish, remove or replace the development; or
           (f)     take such other measures as are specified in the notice so that the
                   development or use of the land or building is in accordance with the Act, and
                   the regulations thereunder, a development permit, subdivision approval or
                   this Bylaw, as the case may be;

           within the time specified by the order.

3.5.12     The Development Officer shall consider and decide on applications for Development
           Permits within forty (40) days of the receipt of the application in its complete and
           final form or within such time as granted by the applicant.

3.6        SUBDIVISION OFFICER DUTIES AND RESPONSIBILITIES

3.6.1      The subdivision officer:

           (a)     shall keep and maintain for the inspection of the public during office hours,
                   copies of all decisions and ensure that copies of same are available to the
                   public at reasonable charge;

           (b)     shall keep a register of all applications for subdivision, including the
                   decisions therein and the reasons therefore;

           (c)     may refer for comment applications for subdivision to those authorities and
                   agencies prescribed within the Subdivision and Development Regulations
                   and this Bylaw;

           (d)     shall solicit comments from adjacent property owners on applications for
                   subdivision;

           (e)     shall refer for comment an application for subdivision to an adjacent
                   municipality when the site is within 60 meters of the Municipal boundaries;

           (f)     shall prepare, sign, and transmit all notices of decision and the application
                   for subdivision;

           (g)     shall review instruments for Land Titles registration for conformity with the
                   Subdivision Officer or Municipal Planning Commission's decision;


Land Use Bylaw 3960/99                                                                        - 43 -
PART 3
ADMINISTRATION                                                                   Town of High River

           (h)     may endorse Land Titles instruments in order to effect the registration of the
                   subdivision of land.

3.6.2      The Subdivision Officer shall forward the application for subdivision to the
           Municipal Planning Commission for decision and may include a report and
           recommendation.

3.6.3      After thirty (30) days from the date of referral to authorities, agencies, or landowners,
           the application may be dealt with by the Subdivision Officer, whether or not
           comments have been received.

3.6.4      In preparation of the report and recommendation, the Subdivision Officer shall give
           due consideration to the comments received from any authority or agency.

3.6.5      The Subdivision Officer shall advise the applicant of an application for subdivision
           for a use which is not listed as a "Permitted Use" or "Discretionary Use" or the site
           does not meet the requirements of the district in which the land is situated, of his
           option of applying to Council for an amendment to this Bylaw.

3.6.6      When sufficient details of the proposed subdivision have not been included with the
           application for a subdivision as set out in Part 5 Section 5.1, the Subdivision Officer
           may return the application to the applicant for further details.

3.6.7      The Subdivision Officer shall advise the Council, Municipal Planning Commission
           and Subdivision and Development Appeal Board on matters relating to the
           subdivision of land.

3.6.8      The Subdivision Officer shall appear before and represent the Municipal Planning
           Commission at appeal hearings of the Municipal Government Board and Subdivision
           and Development Appeal Board on decisions on applications for subdivision.

3.7        MUNICIPAL PLANNING COMMISSION DUTIES AND
           RESPONSIBILITIES

3.7.1      The Municipal Planning Commission shall consider and decide on applications for a
           development permit which have been referred to it by the Development Officer.

3.7.2      The Municipal Planning Commission shall receive, consider and decide on
           applications for subdivision approval.

3.7.3      The Municipal Planning Commission may allow a variance of the requirements of
           the Bylaw where, in their opinion, the development would not unduly interfere with
           the amenities of the neighbourhood, or materially interfere with or effect use,
           enjoyment or value of the neighbouring parcels of land.



Land Use Bylaw 3960/99                                                                        - 44 -
PART 3
ADMINISTRATION                                                                 Town of High River

3.7.4      The Municipal Planning Commission shall consider and decide on requests for time
           extensions to development permits which have been referred by the Development
           Officer.

3.8        SUBDIVISION AND DEVELOPMENT APPEAL BOARD DUTIES
           AND RESPONSIBILITIES

3.8.1      Where the Development Officer, Subdivision Officer or Municipal Planning
           Commission:
           (a)   refuses an application for a development permit, or a subdivision; or

           (b)     fails to issue or render a decision on an application for a development permit
                   or subdivision; or

           (c)     approves an application for a development permit or subdivision, with or
                   without conditions; or

           (d)     issues an order under Section 3.5.11 of this Bylaw;

           the following persons may appeal to the Subdivision and Development Appeal
           Board:

           (a)     the applicant for development or subdivision approval;

           (b)     any person affected by an order, or decision on a development permit;

           (c)     an adjacent landowner that was given notice pursuant to Section 4.4.3 on a
                   decision to issue a development permit;

           (d)     a school authority with respect to the allocation of municipal of school
                   reserve on a decision to approve an application for subdivision;

           (e)     those authorities and agencies to which the application for development
                   permit or subdivision was referred and are entitled to appeal, under the
                   provisions of the Act.

3.8.2      Notwithstanding Section 3.8.1, no appeal lies to the Subdivision and Development
           Appeal Board with respect to:

           (a)     the decision to issue a development permit for a use that is listed as a
                   "Permitted Use" within the district in which the development is to occur if
                   the development complies in all respects to this Land Use Bylaw and the
                   approval does not contain any conditions;




Land Use Bylaw 3960/99                                                                        - 45 -
PART 3
ADMINISTRATION                                                                 Town of High River

           (b)     the decision or deemed refusal on an application for subdivision if the land is
                   located within a distance, as set out in the Subdivision and Development
                   Regulations, of a highway, body of water, sewage treatment or wastewater
                   management facility, in which cases an appeal must be filed with the
                   Municipal Government Board;

           (c)     the decision is to issue a development permit for a use within a Direct
                   Control District.

3.8.3      An appeal must be filed with the Subdivision and Development Appeal Board within
           nineteen (19) days (14 days and 5 days for mail delivery) of the date the decision,
           notice, or order was transmitted, advertised or issued.

3.8.4      The appeal hearing must be held within thirty (30) days of receipt of an appeal.

3.8.5      All relevant documents and materials respecting the appeal including the application
           for the subdivision or development permit, the Subdivision or Development
           Authority's decision, the letter of appeal, or the order of the Development Officer,
           shall be made available for public inspection.

3.8.6      The Subdivision and Development Appeal Board must give its decision in writing
           together with reasons for the decision within fifteen (15) days of the conclusion of
           the hearing.

3.8.7      In determining an appeal, shall comply with Provincial Acts and Regulations, the
           Municipal Development Plan and Land Use Bylaw, or other statutory plans affecting
           the land.

3.8.8      The Subdivision and Development Appeal Board may confirm, revoke or vary the
           order, decision or any condition attached to them or make or substitute an order,
           decision or condition of its own.

3.8.9      The Subdivision and Development Appeal Board may make an order or decision or
           issue or confirm the issue of a subdivision decision or development permit
           notwithstanding that the proposed subdivision or development does not comply with
           this Bylaw, if in its opinion, the proposed subdivision or development would not:

           (a)     unduly interfere with the amenities of the neighbourhood; or

           (b)     materially interfere with or affect the use, enjoyment or value of the
                   neighbouring parcels and the use of land or a building conforms with the uses
                   listed as either a "Permitted Use" or "Discretionary Use" in the district in
                   which the building or land is situated.




Land Use Bylaw 3960/99                                                                        - 46 -
PART 3
ADMINISTRATION                                                                 Town of High River

3.9        FORMS, NOTICES AND FEES

3.9.1      For the purposes of administering the provisions of this Bylaw, Council, by
           Resolution, may authorize the preparation and the use of such forms, notices and fee
           schedules as in its discretion it may deem necessary. Any such forms, notices or fees
           are deemed to have the full force and effect of this Bylaw in execution of the purpose
           for which they were designed, authorized, and issued.

3.9.2      The forms, notices, and fee schedules authorized by Council pursuant to this Bylaw
           may be posted, issued, mailed, served or delivered in the course of the Development
           Officer's or Subdivision Officer's duties.

3.9.3      The following forms and notices used for the operation of this Bylaw are contained in
           Appendix "A" and are provided for information. The forms may be reproduced or
           photocopied for the purposes of submitting applications for development,
           subdivision, appeals, time extensions or amendments to this Bylaw, to the
           Municipality, its agencies, boards, and designated officers.


              Demolition Permit
              Development Permit Application
              Home Occupation Permit
              Land Use Bylaw Amendment Application
              Notice of Appeal to the Town of High River Subdivision and Development
               Appeal Board
              Notice of Appeal to the Municipal Government Board
              Sign Permit Application
              Subdivision Application
              Subdivision Circulation Form
              Stop Work Order




Land Use Bylaw 3960/99                                                                      - 47 -
Land Use Bylaw 3960/99   - 48 -
PART 4
DEVELOPMENT                                                                     Town of High River

4.1        DEVELOPMENT PERMITS REQUIRED

4.1.1      Except as provided in Section 4.2 of this Bylaw, no person shall undertake any
           development unless:

           (a)     a Development Permit has first been issued pursuant to this Bylaw; and

           (b)     the development is proceeded with in accordance with the terms and
                   conditions of the Development Permit issued in respect of the development;
                   or

           (c)     a Building Permit has been obtained when a Building Bylaw so requires;

4.2        DEVELOPMENT PERMITS NOT REQUIRED

4.2.1      A Development Permit is not required in respect of the following developments but
           such developments shall comply with the provisions of this Bylaw:

           (a)     with the exception of infill development or structures located within the areas
                   subject to Special Rules for Infill Development, works of maintenance, repair
                   or alteration, on a structure, both internal and external, if in the opinion the
                   Development Officer, such work:

                   (i)     does not include structural alterations;

                   (ii)    does not change the use or intensity of the use of the structure; and

                   (iii)   is performed in accordance with obligatory legislation or other
                           government regulations;

           (b)     the completion of a building which was lawfully under construction at the
                   date this Bylaw comes into full force and effect, provided that:

                   (i)     the building is completed in accordance with the terms of any permit
                           granted by the Municipality, subject to the conditions of that permit;
                           and

                   (ii)    the building, whether or not a permit was granted in respect of it, is
                           completed within a period of twelve (12) months from the date this
                           Bylaw comes into full force and effect;

           (c)     the use of any building referred to in Section 4.2.1(b) for the purpose for
                   which construction was commenced.




Land Use Bylaw 3960/99                                                                           - 49 -
PART 4
DEVELOPMENT                                                                      Town of High River

           (d)     The use of a building, other than a non-conforming use or non-conforming
                   building, that has been vacant for less than 6 months for a purpose that is, in
                   the Development Officer’s opinion, the same as the previous use.

           (e)     The change of use of a building, other than a non-conforming use or a non-
                   conforming building, provided that:

                   (i)     the requirements of the development permit for the existing building
                           have been fulfilled; and

                   (ii)    the change of use is from a permitted or discretionary use to a
                           permitted use in the district applicable to the site; and

                   (iii)   the change is to a use that has required parking facilities no greater
                           than that of the use it is replacing; or

                   (iv)    the change is to a use that has required parking facilities greater than
                           that of the use it is replacing and the additional parking is provided
                           on site.

           (f)     the erection, construction or maintenance of gates, fences, walls or other
                   means of enclosure less than 2 m. (6.5 ft.) in height, or screening consisting
                   of nylon or metal mesh and pylons less than 9 m. (29.5 ft.) erected adjacent
                   to golf course fairways and play fields in a Residential, Public Service or
                   Urban Reserve District. The erection of such fence, wall, gate or screening
                   shall otherwise comply with the provisions of the bylaw.

           (g)     the erection or installation of machinery needed in connection with
                   construction of a building for which a Development Permit has been issued,
                   for the period of the construction.

           (h)     the construction and maintenance of that part of a public utility placed in or
                   upon a public thoroughfare or public utility easement.

           (i)     the use by the Municipality of land of which the Municipality is the
                   legal or equitable owner for a purpose approved by a simple majority
                   vote of Council in connection with any public utility carried out by
                   the Municipality.

           (j)     the erection, construction of a detached single family dwelling in a
                   district in which it is listed as a “Permitted Use” when it complies
                   with the provisions of this Bylaw. This provision does not apply to
                    or include infill developments proposed for those areas detailed on the map
                   in subsection 10.7. of this bylaw entitled Areas Subject to Special Rules for
                   Infill Development.


Land Use Bylaw 3960/99                                                                        - 50 -
PART 4
DEVELOPMENT                                                                      Town of High River

           (k)     the erection of an accessory building less than 93 m2 (1000 ft.2 ) in a
                   Residential Single Family (R-1) and a Residential Two-Family (R-2) District
                   when it complies with the provisions of this Bylaw. This provision does not
                   apply to or include accessory buildings for infill developments proposed for
                   those areas detailed on the map in subsection 10.7.0 of this Bylaw entitled
                   Areas Subject to Special Rules for Infill Development.

           (l)     the use of a building or part thereof as a temporary polling station for a
                   Federal, Provincial, or Municipal election, referendum or plebiscite.

           (m)     An official notice, sign, placard, or bulletin required to be displayed pursuant
                   to the provisions of Federal, Provincial, or Municipal legislation.

           (n)     One temporary on-site free-standing or fascia sign which does not exceed
                   2.97m² (32 sq. ft.) in area or 1.52m (5 ft.) in height and is intended for:

                   (i)     advertising the sale or lease of a dwelling unit, or property; or

                   (ii)    identifying a construction or demolition project for which a required
                           permit has been issued for such a project; or

                   (iii)   identifying a political campaign: such a sign may displayed for 30
                           days prior to an election or referendum and must be removed within
                           7 days following the election or referendum; or

                   (iv)    advertising a campaign or drive which has been approved by
                           Council: such a sign may be posted for a maximum period of 14
                           days.


           (o)     the construction, maintenance and repair of private walkways, private
                   pathways, private driveways, private features and landscaping details that do
                   not involve retaining walls greater than 0.6 (2 ft.) in height, and similar
                   works.

           (p)     internal and external alterations to a residential building which do not exceed
                   5 m.2 (53.8 ft.2) in area, and provided that such alterations do not result in an
                   increase in the number of dwelling units within the building or on the site;

           (q)     alterations, other than exterior alterations to commercial building, and
                   maintenance, including mechanical or electrical work to a building, provided
                   that the use or intensity of use of the building does not change;




Land Use Bylaw 3960/99                                                                          - 51 -
PART 4
DEVELOPMENT                                                                        Town of High River

           (r)     a satellite dish antenna that is not located:

                   (i)     on a site in a residential district either in a front or side yard abutting
                           a street or where any part of the antenna is more than 3 m. above
                           grade level;

                   (ii)    on a site in a commercial district either in a front or side yard
                           abutting a street or where any part of the antenna is less than 12
                           m. (39.3 ft.) above grade level.

           (s)     An outdoor in-ground or above-ground private swimming pool;

                   (i)     located in a side or rear yard;

                   (ii)    having a total area not exceeding 15% of the site area;

                   (iii)   that does not have any part of the above grade component, including
                           a deck, walkway, supporting member, heater or mechanical
                           equipment, located within 1.2 m. (4 ft.) of any side or rear property
                           line.

           (t)     Removal of soil from a site or stockpiling of soil on a site when a
                   development agreement has been duly executed for that site.

           (u)     one on-site fascia sign which does not exceed 0.186 m.² (2 ft.2) in area for
                   any of the following buildings: single family dwelling, semi-detached
                   or duplex, row house or townhouse and states no more than:

                   (i)     the name and address of the building

                   (ii)    the name of the person(s) occupying the building.

           (v)     Hawkers, peddlers or other vendors having a business licence and permission
                   from the land owner and are not located on lots fronting on Centre Street, 5th
                   Street and 12th Ave.

4.3        APPLICATION REQUIREMENTS

4.3.1      An application for a Development Permit for new construction or an addition or
           change of use of an existing structure shall be made to the Development Officer
           using the prescribed form, signed by the owner or his agent and may be accompanied
           by:

           (a)     three (3) copies of the application form and site plan, preferably drawn to
                   scale, which show the following:


Land Use Bylaw 3960/99                                                                           - 52 -
PART 4
DEVELOPMENT                                                                       Town of High River

                   (i)      legal description of the site with north arrow;

                   (ii)     area and dimensions of the land to be developed including the front,
                            rear and side yards if any;

                   (iii)    floor plans, elevation and exterior finishing materials;

                   (iv)     locations and distances of on-site existing or proposed water and
                            sewer connections, septic tanks, disposal fields, water wells, culverts
                            and crossings;

                   (v)      site drainage, finished lot grades, the grades of the roads, streets and
                            sewers servicing the property;

                   (vi)     the height, dimensions, and relationship to property lines of all
                            existing and proposed buildings and structures including retaining
                            walls, trees, landscaping and other physical features;

                   (vii)    information on the method to be used for the supply of potable water
                            and disposal of wastes along with supporting documentation; and

                   (viii)   existing and proposed access and egress to and from the site;

           (b)     where applicable, the cutting down or removal of trees;

           (c)     on applications for signs, a replica of the proposed sign drawn to scale;

           (d)     the estimated commencement and completion dates;

           (e)     a statement of ownership of the land and interest of the applicant therein;

           (f)     the Development Permit fee as prescribed by Council.

4.3.2      In addition to the information required under Section 4.3.1, the following information
           on applications for:

           (a)     multi-family, commercial, industrial, recreational and institutional uses:

                   (i)      loading and parking provisions;

                   (ii)     access locations to and from the site;

                   (iii)    garbage and storage areas and the fencing and screening proposed
                            for same; and



Land Use Bylaw 3960/99                                                                          - 53 -
PART 4
DEVELOPMENT                                                                       Town of High River

           (iv)    location and approximate dimensions of all existing and proposed
                   trees, shrubs, parks, playgrounds, etc.;

                   (v)      a development impact assessment statement clearly describing how
                            the potential impacts of the proposed development on adjacent lands
                            will be dealt with and how the proposed facilities have been designed
                            to minimize such disturbance.

                   (vi)     information describing any noxious, toxic, radioactive, flammable or
                            explosive materials proposed.

           (b)     private recreational or special events, uses and golf courses:

                   (i)      number of units, or persons proposed;

                   (ii)     duration and time periods for the operation of the facility or event;

                   (iii)    methods to control traffic, dust and noise;

                   (iv)     parking provisions;

                   (v)      method(s) for providing on-site security;

                   (vi)     list and location of all on-site services and activities being proposed;

                   (vii)    hydrological study detailing water sources for domestic consumption
                            and irrigation purposes, method(s) for managing on and off-site
                            drainage and irrigation systems and the effects the drainage and
                            irrigation systems will have on the site, adjacent lands and water
                            courses;

                   (viii)   information and documentation on proposed methods of maintaining
                            landscaped areas or golf course development including the use of
                            herbicides, pesticides, fungicides and other chemicals, their impacts
                            on the environment, and mitigating measures that will be employed
                            to minimize any adverse effects;

                   (ix)     environmental impact analysis on the effects the development would
                            have on the existing vegetation, water courses, wildlife habitats,
                            migration patterns, and scenic features of the landscape;

           (b)     a geotechnical assessment, prepared by a qualified professional, on the
                   subsurface characteristics of the site's suitability to:




Land Use Bylaw 3960/99                                                                         - 54 -
PART 4
DEVELOPMENT                                                                    Town of High River

                   (i)     sustain sewage disposal systems if the intended use is not to be
                           served by a piped municipal wastewater system;

                   (ii)    support building foundations and withstand slumping or subsidence
                           on lands suspected of having foundation problems;

4.3.3      The Development Officer may require additional information or additional copies of
           the plan and specifications as is deemed necessary.

4.3.4      The application shall be deemed not to have been in its complete and final form until
           all required details have been submitted to the satisfaction of the Development
           Officer.

4.4        ISSUANCE OF PERMITS

4.4.1      A Development Permit issued pursuant to this Bylaw is not a Building Permit and,
           notwithstanding that plans and specifications for buildings may have been submitted
           as part of an application for a Development Permit, work or construction shall neither
           commence nor proceed until a Building Permit has been issued pursuant to applicable
           bylaws and regulations.

4.4.2      When an application for a Development Permit is approved for:

           (a)     a permitted use that complies in all respects to the provisions of the Land Use
                   By-law and without conditions the Notice of Decision shall be sent by
                   ordinary mail to the applicant; or

           (b)     a permitted use that requires a variance of a Land Use By-law requirement or
                   has been approved with conditions or the approval is for a discretionary use,
                   the Notice of Decision shall be sent by ordinary mail to the applicant and at
                   the discretion of the Development Officer, a notice stating the legal
                   description of the property, civic address and the nature of the use or
                   development may be:

                   (i)     published in a local newspaper circulating within the municipality; or

                   (ii)    sent by ordinary mail to adjacent land owners; or

                   (iii)   posted conspicuously on the property.

4.4.3      When an application for a development permit is refused, the Notice of Decision
           shall be sent by ordinary mail to the applicant.




Land Use Bylaw 3960/99                                                                        - 55 -
PART 4
DEVELOPMENT                                                                     Town of High River

4.4.4      For purposes of this Bylaw, Notice of Decision of the Development Officer or
           Municipal Planning Commission on an application for a Development Permit is
           deemed to have been given and to have been received:

           (a)     in the case of a decision of refusal on an application for a development
                   permit, five (5) days from the date that the Notice of Decision is sent by
                   ordinary mail to the applicant;

           (b)     in all other cases, on the date the Notice of Decision is published or posted
                   on the property, or five (5) days from the date that Notice of Decision is sent
                   by ordinary mail to adjacent landowners.

4.4.5      Except for a Development Permit which has been approved without conditions for a
           Permitted Use, a development permit for all other approved uses shall not be issued
           until fourteen (14) days after the Notice of Decision has been given pursuant to
           Section 4.4.4.

4.4.6      When an appeal is made pursuant to the Act, a Development Permit which has been
           approved shall not be issued unless and until the decision of the Development Officer
           or Municipal Planning Commission has been upheld by the Subdivision and
           Development Appeal Board.

4.4.7      If an appeal has been filed, the development permit is not valid until the
           Development Appeal Board has issued a written approval and all conditions of the
           permit, except those of a continuing nature, have been fulfilled or arrangements for
           fulfilment satisfactory to the Development Officer have been made.

4.4.8      When a development permit has been issued but an application to the Court of
           Appeal has been commenced, any action taken by the permit holder in proceeding
           with the development is at the sole risk of the permit holder.

4.4.9      An application for a Development Permit shall, at the option of the applicant, be
           deemed to be refused when a decision therein is not made within forty (40) days after
           the receipt of the application in its complete and final form by the Development
           Officer. The applicant may appeal in writing as provided in the Act as though he had
           received a decision of refusal.

4.4.10     Notwithstanding Section 4.4.9, the applicant may extend the time period for making a
           decision on a development permit application.

4.4.11     When an application for a Development Permit has been refused pursuant to this
           Bylaw or ultimately after appeal pursuant to the Act, the submission of another
           application for development permit on the same parcel of land for the same or for a
           similar use of the land by the same or any other applicant need not be accepted by the
           Development Office for at least six (6) months after the date of refusal.


Land Use Bylaw 3960/99                                                                          - 56 -
PART 4
DEVELOPMENT                                                                    Town of High River

4.4.12     If the development authorized by a Development Permit is not commenced within
           twelve (12) months from the date of its issue, and completed within twenty-four (24)
           months of the issue, the permit is deemed to be cancelled, unless an extension to this
           period shall first have been granted by the agency that made the decision.




Land Use Bylaw 3960/99                                                                      - 57 -
Land Use Bylaw 3960/99   - 58 -
PART 5
SUBDIVISION                                                                      Town of High River

5.1        APPLICATION REQUIREMENTS

5.1.1      An application for subdivision approval shall be made to the Subdivision Officer
           using the prescribed form, signed by the owner or his agent and accompanied by:

           (a)     five (5) copies bearing an original signature and fifteen (15) photocopies of
                   the application form and twenty (20) copies of either a sketch or plan drawn
                   to scale showing the following:

                   (i)      the location, dimensions and boundaries of the parcel to be
                            subdivided;

                   (ii)     the proposed lot(s) to be registered in a Land Titles Office;

                   (iii)    the location, dimensions and boundaries of each new lot to be
                            created, and any reserve land;

                   (iv)     existing rights-of-way of each public utility, or other rights- of-way;

                   (v)      the location, use and dimensions of buildings on the parcel that is the
                            subject of the application and specifying those buildings that are pro
                            posed to be demolished or moved;

                   (vi)     the location and boundaries of the bed and shore of any river, stream,
                            watercourse, lake or other body of water that is contained within or
                            bounds the proposed parcel of land;

                   (vii)    the location of any existing or proposed wells, any private sewage
                            disposal systems and the distance from these to existing or proposed
                            buildings and existing or proposed lot lines; and

                   (viii)   existing and proposed access and egress to the proposed lot(s) and
                            the remainder of the parcel;

           (b)     current title searches or photocopies of the existing registered titles in the
                   Land Titles Office, showing all ownership interests and easements within the
                   parcel to be subdivided;

           (c)     a Real Property Report if the parcel contains existing buildings that will
                   remain.

5.1.2      In addition to the information required under Section 5.1.1, the following information
           for multi-lot residential, commercial, highway commercial and industrial land uses
           shall provide:



Land Use Bylaw 3960/99                                                                          - 59 -
PART 5
SUBDIVISION                                                                     Town of High River

(a)        ground water information and information regarding the supply of potable
           water if the intended uses are not served by a piped municipal system;
           (b)      a geotechnical assessment, prepared by a qualified professional, on the
                    subsurface characteristics of the site's suitability to:

                   (i)     sustain sewage disposal systems if the intended use is not to be
                           served by a piped municipal wastewater system;

                   (ii)    support building foundations and withstand slumping or subsidence
                           on lands suspected of having foundation problems;

           (c)     statistics in tabular form showing calculations of the gross area of land in the
                   plan area and the allocation of that land to streets, lanes, lots, Municipal
                   Reserve, Municipal and School Reserve, School Reserve, and Environmental
                   Reserve;

           (d)     where a lot is proposed to be subdivided from a larger parcel, the whole of
                   which may eventually be subdivided, and no outline plan has been provided,
                   the general design of the larger parcel shall be shown;

           (e)     a plan showing resources such as trees, ravines, views and other similar
                   natural features which are influential to the subdivision of the area.

5.1.3      An appraisal of the market value of the land when money in place of land dedication
           for municipal reserve is proposed. The appraisal must be prepared in accordance
           with the Act and must be submitted with the application.

5.1.4      An Historical Resources Impact Assessment on lands that have been identified or
           suspected as containing a Registered Historical Resource or within 60 metres of
           public lands set aside for use as historical sites.

5.2        ISSUANCE OF DECISION

5.2.1      A decision on an application for subdivision approval is not an approval to develop,
           construct or build on the land. Site grading, earthwork, or any other construction
           shall not commence nor proceed until a development agreement has been signed or
           where applicable, a development permit has been applied for and issued.

5.2.2      When an application for a subdivision is approved, with or without conditions, or
           refused, the Notice of Decision shall be sent by ordinary mail to the applicant and
           those persons and authorities that are required to be given a copy of the application
           under the Subdivision and Development Regulations.

5.2.3      For purposes of this Bylaw, the date of Notice of Decision of the Subdivision Officer
           or Municipal Planning Commission on an application for subdivision is the date the
           decision was transmitted to the applicant and those persons required to be notified in
           Section 5.2.2.
Land Use Bylaw 3960/99                                                                        - 60 -
PART 5
SUBDIVISION                                                                   Town of High River

5.2.4      The applicant or those Government agencies to which the application for subdivision
           was referred may appeal the decision in accordance with Section 3.8.

5.2.5      An application for a subdivision approval shall, at the option of the applicant, be
           deemed to be refused when a decision therein is not made within twenty-one (21)
           days for an application described in Section 652(4) of the Act, and sixty (60) days in
           all other cases after the receipt of the application in its complete and final form by
           the Subdivision Officer. The applicant may appeal in writing as provided in the Act
           as though the applicant had received a decision of refusal.

5.2.6      Notwithstanding Section 5.2.5, the applicant may extend the time period for making a
           decision on an application for subdivision.




Land Use Bylaw 3960/99                                                                      - 61 -
Land Use Bylaw 3960/99   - 62 -
PART 6
CONDITIONS AND ENFORCEMENT                                                        Town of High River

6.1        CONDITIONS OF APPROVAL

6.1.1      In their decision to approve an application for subdivision or development, the
           Development Officer or the Municipal Planning Commission may apply any or all of
           the following conditions to ensure the application conforms to this Bylaw, Act or
           other legislation:

           (a)     conditions to ensure compliance with the Act, any applicable statutory plan
                   and this bylaw;

           (b)     conditions requiring the applicant to enter into a service agreement or make
                   satisfactory arrangements for the supply of gas, water, electric power,
                   telephone, sewer service, vehicular and pedestrian access any other utility,
                   service, or facility, including payment of installation or construction costs by
                   the applicant;

           (c)     a condition that the applicant enter into an agreement with the Municipality
                   for any of the following:

                   (i)     to construct or pay for the construction or improvement of a public
                           roadway required to give access to the development or subdivision;

                   (ii)    to construct or pay for the construction of a pedestrian walkway
                           system to serve the development; or a pedestrian walkway that will
                           connect the pedestrian walkway system serving the development or
                           subdivision with a pedestrian walkway system that serves or is
                           proposed to serve an adjacent system that serves or is proposed to
                           serve an adjacent development or subdivision, or both;

                   (iii)   to specify the location, standard, and number of vehicular and
                           pedestrian access locations to a site from public roadways;

                   (iv)    to install or pay for the installation of utilities to municipal standards
                           necessary to serve the development or subdivision;

                   (v)     to construct or pay for utilities, roadways, and improvements
                           with an excess capacity;

                   (vi)    to construct or pay for the construction of off-street or other parking
                           facilities, and garbage, recycling, loading and unloading facilities;
                           and

                   (vii)   to pay an off-site levy or redevelopment levy, or both, imposed by a
                           bylaw adopted pursuant to the Act.



Land Use Bylaw 3960/99                                                                          - 63 -
PART 6
CONDITIONS AND ENFORCEMENT                                                      Town of High River

            (d)    a condition requiring the applicant to repair or reinstate, or to pay for the
                   repair or reinstatement, to original condition any roads, municipal signage,
                   curbing, sidewalk, boulevard landscaping and tree planting which may be
                   damaged, destroyed, or otherwise harmed during construction of the
                   development or subdivision.

           (e)     a condition requiring security in the form of a letter of credit, performance
                   bond, cash or certified check deposit to carry out the terms of an agreement
                   or any works associated with the installation and construction of streets,
                   utilities, and landscaping or replacement of same for the development of the
                   lot and adjacent public roadways during and after its development. The
                   amount of 125%, of the value of the work which is based upon an
                   independent quotation of the value of the work covered by the agreement or
                   works or such other amount as the Development Officer, Municipal Planning
                   Commission or Council may determine. The security is to be paid to the
                   Municipality for its use in completing the terms of the agreement or works in
                   the event of default by the applicant;

           (f)     conditions requiring the applicant to provide a Letter of Credit or cash or
                   certified check deposit in the amount of 125% of the estimated dollar amount
                   required to complete any renovations as set out as a condition of approval of
                   a development permit for the relocation of a building either on the same site
                   or from another site;

           (g)     conditions respecting the time within which a development or subdivision or
                   any part of it is to be completed; and

           (h)     conditions limiting the length of time that a development permit may
                   continue in effect and the phasing of development or subdivision;

           (j)     the maximum density of dwelling units, persons or animals that may be
                   allowed to occupy the site;

           (k)     the placement of objects, buildings or structures, material or any other
                   chattel, mechanism or device used in, for or the operation of the
                   development.

6.1.2      The Municipality may register a caveat in respect of a development agreement under
           5.3.1 (b) and (c) against the parcel that is subject of the development permit or
           subdivision application. The caveat may be discharged when the agreement has been
           complied with or fulfilled.




Land Use Bylaw 3960/99                                                                        - 64 -
PART 6
CONDITIONS AND ENFORCEMENT                                                    Town of High River

6.2        COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS

6.2.1      Compliance with the requirements of this Bylaw or the issuance of a Development
           Permit or an approval of a subdivision pursuant to this Bylaw does not afford relief
           from compliance with the Act or other Federal or Provincial Government legislation
           or other bylaws and regulations affecting the development or subdivision in question.
           It is the applicant's responsibility to ensure that all required permits, licenses and
           authorizations from affected authorities are in place prior to the commencement of
           the development.

6.3        RIGHT OF ENTRY
6.3.1      Right of Entry procedures are governed by the Act and must be consulted for full
           details. The following extract of Section 542 is provided for information purposes
           only:

           "542(1) If this or any other enactment or a bylaw authorizes or requires
           anything to be inspected, remedied, enforced or done by a municipality, a
           designated officer of the municipality may, after giving reasonable notice to
           the owner or occupier of land or the structure to be entered to carry out the
           inspection, remedy, enforcement or action,

                   (a)     enter on that land or structure at any reasonable time, and
                           carry out the inspection, enforcement or action authorized or
                           required by the enactment or bylaw,

                   (b)     request anything be produced to assist in the inspection,
                           remedy, enforcement or action, and

                   (c)     make copies of anything related to the inspection, remedy,
                           enforcement or action.

           (1.1) A consent signed under Section 653 is deemed to be a reasonable
           notice for the purposes of subsection (1).

           (2)      The designated officer must display or produce on request
           identification showing that the person is authorized to make the entry.

           (3)      In an emergency or in extraordinary circumstances, the designated
           officer need not give reasonable notice or enter at a reasonable hour and
           may do the things in subsection (1)(a) and (c) without the consent of the
           owner or occupant.

           (4)    Nothing in this section authorizes the municipality to remedy the
           contravention of an enactment or bylaw."


Land Use Bylaw 3960/99                                                                      - 65 -
PART 6
CONDITIONS AND ENFORCEMENT                                                     Town of High River

6.3.2      The Development Officer, Subdivision Officer, or such other designated person, is
           the "designated person" for the purposes of Section 6.3.1.

6.4        BYLAW CONTRAVENTION

6.4.1      Orders and municipal actions to remedy contraventions are governed by the Act and
           must be consulted for full details. The following extract of Section 645 and 646 of
           the Act are provided for information and continuity purposes.

           "645(1) Despite section 545, if a development authority finds that a
           development, land use or use of a building is not in accordance with

           (a)     this Part or a land use bylaw or regulations under this Part,
                   or

           (b)     a development permit or subdivision approval,

           the development authority may act under subsection (2).

           (2)     If subsection (1) applies, the development authority may, by written notice,
           order the owner, the person in possession of the land or building or the person
           responsible for the contravention, or any or all of them, to

           (a)     stop the development or use of the land or building in whole
                   or part as directed by the notice,

           (b)     demolish, remove or replace the development, or

           (c)     carry out any other actions required by the notice so that the
                   development or use of the land or building complies with this
                   Part, the land use bylaw or regulations under this Part, a
                   development permit or a subdivision approval,

           within the time set out in the notice.

           (3) A person who receives a notice referred to in subsection (1) may appeal
           to the subdivision and development appeal board in accordance with section
           685.

           646(1) If a person fails or refuses to comply with an order directed to the
           person under section 645 or an order of a subdivision and development
           appeal board under section 687, the municipality may, in accordance with
           section 542, enter on the land or building and take any action necessary to
           carry out the order.



Land Use Bylaw 3960/99                                                                      - 66 -
PART 6
CONDITIONS AND ENFORCEMENT                                                        Town of High River

            (2) A municipality may register a caveat under the Land Titles Act in
           respect of an order referred to in subsection (1) against the certificate of title
           for the land that is the subject of the order.

           (3) If a municipality registers a caveat under subsection (2), the municipality
           must discharge the caveat when the order has been complied with."

6.4.2      A person who receives an order referred to in Section 6.3.1 may appeal to the
           Subdivision and Development Appeal Board pursuant to the Act and Section 3.8.1 of
           this Bylaw.

6.4.3      Whenever it appears to the Development Officer that a Development Permit has been
           obtained by fraud or misrepresentation or has been issued in error, the Development
           Officer may suspend or cancel the Development Permit.

6.5.       OFFENCES AND PENALTIES

6.5.1      The authority regarding offenses and penalties of this Bylaw are governed by Part 13,
           Division 4 and 5 of the Act and should be consulted.




Land Use Bylaw 3960/99                                                                          - 67 -
Land Use Bylaw 3960/99   - 68 -
PART 7
AMENDMENTS                                                                      Town of High River

7.1        AMENDMENTS AND INITIATION
7.1.1      The Council may initiate amendments to this Bylaw.

7.1.2      A person may request an amendment to this Bylaw by applying in writing, furnishing
           reasons in support of the application and paying the fee in accordance with a fee
           schedule as prescribed by Council.

7.2        PROCEDURE

7.2.1      All applications for amendment to the Land Use Bylaw shall be made to Council
           through the Development Officer and shall be accompanied by the following:

           (a)     an application fee for each application;

           (b)     a current Certificate of Title for the land affected or other documents
                   satisfactory to the Development Officer including evidence of the applicant's
                   interest in the said land;

           (c)     any drawing(s) required to be submitted shall be drawn to scale and
                   accurately dimensioned to the satisfaction of the Development Officer;

           (d)     a statement of the purpose and reasons for the proposed amendments;

           (e)     authorization for right of entry onto the land by designated officers.

7.2.2      In addition to the information provided in 7.2.1, the Development Officer may
           request the applicant to provide a development impact assessment.

7.2.3      Prior to giving a proposed bylaw to amend or repeal this Bylaw second reading the
           Council shall hold a public hearing in accordance with the Act.

7.2.4      Council shall refer significant Land Use Bylaw amendments to adjacent municipal
           authorities when the subject land is within 60 m. (196.8 ft.) of their boundary.

7.2.5      Council may refer the application to any municipal, federal, provincial authority, or
           to any other agency or body it deems appropriate.

7.2.6      Where an amendment proposes to change the land use designation of a parcel of land,
           Council shall, in accordance with Section 692(4) of the Act, provide written notice of
           the proposed changes to the owner of the affected land and to each owner of adjacent
           land as defined by the Act or any other land owner that Council deems affected.

7.2.7      Where an application for an amendment to this Bylaw has been refused by Council,
           another application for the same or substantially the same amendment may not be
           submitted within six (6) months of the date of the refusal unless Council otherwise
           directs.
Land Use Bylaw 3960/99                                                                       - 69 -
Land Use Bylaw 3960/99   - 70 -
PART 8
DISTRICTS                                                                    Town of High River

8.1        LAND USE DISTRICTS

8.1.1      For the purpose of this Bylaw, the land within the boundaries of the Municipality
           shall be divided into one or more of the Districts as established in Section 8.2.

8.1.2      Throughout this Bylaw and amendments thereto a District may be referred to either
           by its full name or its abbreviation as set out in Section 8.2.

8.2        DISTRICTS

           Residential Single Family District (R-1)
           Residential Two Family District (R-2)
           Residential Medium Density District (R-2X)
           Residential Multi-Family District (R-3)
           Residential Manufactured Home Park District (MHP)
           Residential Manufactured Home Subdivision District (MHS)
           Convenience Commercial District (CC)
           Restricted Commercial District (CR)
           Central Business District (CBD)
           Commercial Shopping Centre District (CSC)
           Highway Commercial District (C-HWY)
           Special Commercial-Industrial District (CM)
           Service Commercial District (SC)
           Light Industrial District (M-1)
           General Industrial District (M-2)
           Railway Industrial District (M-RWY)
           Urban Reserve District (UR)
           Public Service District (PS)
           Direct Control District (DC)
           Floodway Overlay
           Flood Fringe Overlay

8.3        LAND USE MAP

8.3.1      The Municipality is hereby divided into Districts as provided in Section 8.2 and
           their boundaries are delineated on the Map referred to in Section 8.3.2 which may be
           known as the Land Use Map.

8.3.2      The Land Use Map, as may be amended or replaced by bylaw from time to time, is
           that map attached to and forming part of this bylaw and among other things, bearing
           the following identification:

           (a)     Town of High River Land Use Map.

           (b)     Section 8.3.0 of Bylaw No: 3960/99.


Land Use Bylaw 3960/99                                                                    - 71 -
PART 8
DISTRICTS                                                                      Town of High River

           (c)     Adopted by Council this 17th day of January A.D. 2000.

           (d)     Signatures of the Mayor and Town Manager.

8.3.3      In the event that a dispute should arise over the precise location of a boundary of any
           District as shown on the Land Use Map, the Council shall decide thereon.




Land Use Bylaw 3960/99                                                                      - 72 -
PART 9
GENERAL RULES                                                                     Town of High River

9.1        SITE DIMENSIONS

9.1.1      No permit shall be issued for any development on a site, the area or width of which is
           less than the minimum prescribed for the district in which the site is located, except
           that a lot of separate record in the Land Titles Office containing less than the required
           minimum area or width may be used subject to the discretion of the Development
           Officer or Municipal Planning Commission if all other requirements of this Bylaw
           and amendments hereto are observed.

9.2        SPECIAL SETBACK REQUIREMENTS

9.2.1      Sites, other than corner sites, which have frontages on two streets are recognized as
           having two front yards and the development shall comply with the setbacks for the
           respective district.

9.2.2      Notwithstanding any specific provisions, yards the excess of the minimum
           requirements may be required when deemed necessary by the Approving Authority.

9.2.3      The minimum distances required for yards do not apply to:

           (a)     exterior finishing materials applied to principal buildings provided the
                   material does not encroach more than 10 cm. (4 in.) into any yard.

           b)      features that do not exceed the finished grade elevation by more than 0.2 m.
                   (0.65 ft.) or wholly beneath the surface of the ground

9.2.4      In addition to those features listed in 9.2.3, a projection into any designated front,
           rear or one side yard 1.2 m. (4 ft.) or less may be allowed for:

           a)      a building feature such as cantilevered bays and sun windows, dining room
                   alcoves and similar elements provided the feature does not encroach more
                   than 0.6 m (2 ft.) into any yard and the projecting element does not exceed:

                   (i)     30% to a maximum of 3.5 m. (11.5 ft.) in width, whichever is
                           greater, of the exterior surface wall area exposed to the yard in which
                           the feature is located for internal sites.

                   (ii)    40% to a maximum of 5 m. (16.4 ft.) in width, whichever is
                           greater, of the exterior surface wall area exposed to the yard facing a
                           street and in which the feature is located.

           (b)     canopies, chases, cornices, decks, eaves, flues, sills, steps, and patios to
                   within 0.3 m. (0.98 ft.) of the property line.

           and the encroachment complies with the Alberta Building Code.

Land Use Bylaw 3960/99                                                                            - 73 -
PART 9
GENERAL RULES                                                                   Town of High River

9.2.5      A balcony, porch or veranda may project into a designated yard set back as
           follows:

           a)      0.3 m. (1 ft.) into one side yard set back;

           b)      3 m. (9.8 ft.) into rear yard setback.

9.2.6      Notwithstanding Section 9.2.4 and 9.2.5, projections may be allowed in two side
           yards that are 1.2 m. (4 ft.) or less in width and the rear yard if the projection(s)
           cantilevered floor is greater than 2.5 m. (8 ft.) in height above the finished grade.

9.2.7      In no case shall any part of any structure encroach or cause runoff on an adjoining
           property.

9.2.8      Where the site is to be developed for Semi-Detached or an Attached Dwelling
           Complexes, the following exceptions apply:

           (a)     Where each half of a semi-detached house is to be contained on a separate
                   parcel or title, or part of a bare land condominium unit no side yards shall be
                   required on the side of the dwelling unit which abuts the adjacent dwelling
                   unit by means of a fire separation.

           (b)     Where the dwelling units are to be contained on separate parcels or titles, or
                   part of a bare land condominium unit no side yards shall be required on
                   either side in the case of an internal dwelling unit and no side yard shall be
                   required on the interior side of the end dwelling unit.

9.2.9      Notwithstanding any other setback provision in this Bylaw:

           (a)     property lines adjacent to the Highwood River, shall be set back a minimum
                   distance of 30 m. (100 ft.) from the river bank or such greater distance as
                   determined by the approving authority upon consultation any Federal or
                   Provincial agency or private consulting or testing firm, as deemed necessary;

           (b)     all buildings or structures adjacent to an escarpment having a slope of 15% or
                   greater, shall be sited a distance of 15 m. (49.2 ft.) from the top or toe of the
                   escarpment, or such greater distance as determined by the approving
                   authority upon consultation any Federal or Provincial agency or private
                   consulting or testing firm, as deemed necessary.

           (c)    all buildings or structures adjacent to a pipeline capable of transporting petroleum
                 products at pressures exceeding 689.5 kPa (100 psi), shall be set back a minimum
                 distance of 15 m. (49.2 ft.) measured from the centre of the pipeline, unless in certain
                 circumstances a greater distance is required by any of the following: the pipeline operator,
                 Council, the Development Officer,

Land Use Bylaw 3960/99                                                                        - 74 -
PART 9
GENERAL RULES                                                                   Town of High River

the Municipal Planning Commission, Alberta Environment, or Alberta                         Energy
and Utilities Board.

9.2.10     Yards for all buildings on sites abutting or adjacent to Highway 2, 12th Avenue
           south, and that portion of Highway 2A lying between the Town's northern municipal
           boundary and the Lineham Spillway shall be measured from the ultimate required
           right-of-way.

9.2.11     All buildings on sites abutting Centre Street between the Lineham Spillway and 12th
           Avenue south shall be set back from the nearest ultimate limit of the highway
           right-of-way a distance as determined by the Development Officer. In considering
           any setback for those properties abutting Centre Street, the Development Officer
           shall consult the provisions and recommendations of the Highway 2A Functional
           Study.

9.2.12     All new development on sites abutting the south side of 4th Avenue West between
           Macleod Trail and 1st Street West shall be set back a distance of 3 m. (9.8 ft.)
           from the existing right of way.

9.2.13     The front yard setback requirement may not apply to gas pumps for service stations,
           gas bars or keylock operations if, in the opinion of the Development Officer or the
           Municipal Planning Commission, the gas pumps are situated on the site in a manner
           that will allow for potential future road widening.

9.2.14     In the event of subdivision by condominium plan, any setbacks from a public or
           private street or between buildings, and all other development regulations applicable
           to a subdivision shall apply, and the density of a site shall be calculated as for a fee
           simple lot subdivision.

9.3        LANDSCAPING

9.3.1      A landscaping plan shall be submitted if required by the Development Officer or the
           Municipal Planning Commission, and said plan shall show all existing trees and
           shrubs, and shall be in conformity with the following requirements:

           (a)     All portions of a site not covered by structures, parking or vehicular
                   circulation areas shall be landscaped. Front yards, where required, shall be
                   landscaped.

           (b)     Existing natural landscaping retained on a site may be considered in
                   fulfilment of the total landscaping requirements.

           (c)     All landscaped areas shall be designed so as to facilitate effective surface
                   drainage and energy conservation principles.


Land Use Bylaw 3960/99                                                                        - 75 -
PART 9
GENERAL RULES                                                                  Town of High River


           (d)     The landscaping standards established on an approved landscaping plan shall
                   be the minimum standard which is to be maintained on a site.

           (e)     Any trees or shrubs which die must be replaced during the next planting
                   season on a continuing basis by the developer or his agent.

           (f)     All plant material shall be of a species capable of healthy growth in the High
                   River area and conform to the standards of the Canadian Nursery Trades
                   Association.

           (g)     The minimum number of trees required on a site shall be one for every
                   35 m.² (376.7ft.2) of landscaped area provided.

           (h)     The minimum number of shrubs required on a site shall be one for every
                   25 m.² (269 ft.2) of landscaped area provided.

           (i)     Shrubs shall be a minimum height or spread of 0.6 m (2 ft.) at the time of
                   planting.

           (j)     Coniferous trees shall comprise not less than one-third of the total number of
                   trees required.

           (k)     Coniferous trees shall be a minimum of 2 m. (6.5 ft.) in height.

           (l)     Deciduous trees shall have a minimum caliper of 50 mm. (2 in.).

           (m)     The removal of existing mature trees should be minimized. Any to be
                   removed must be indicated on the development plans for the site, tagged and
                   evaluated.

           (n)     Any area requiring landscaping or topographic reconstruction shall be
                   landscaped and/or reconstructed so that the finished surface contours do not
                   cause or direct surface drainage onto an adjoining site.

9.3.2      Where a development permit is to be granted and landscaping is part of the
           development, the Development Officer or the Municipal Planning Commission shall
           require the applicant to provide a letter of credit or post a bond of such amount to
           ensure completion of any landscaping.


9.3.3      Notwithstanding any other provision in this Bylaw, no person shall place or maintain
           any object, structure, fence, hedge, shrub or tree in or on that part of a corner site
           located within an Urban Reserve, Industrial, Highway Commercial, Service


Land Use Bylaw 3960/99                                                                       - 76 -
PART 9
GENERAL RULES                                                                     Town of High River

           Commercial of Special Commercial Industrial or Residential District which lies
           within the triangular area formed on a corner lot by the two street property lines and
           a straight line which interests them 7.5 m. (24.6 ft.) from the corner where they meet
           and as illustrated on the sketch map below; unless such object, structure, fence,
           hedge, shrub or tree does not, in the opinion of the Development Officer or the
           Municipal Planning Commission, interfere with or obstruct the view of the driver of
           any vehicle using the street, and the maximum height allowed for same shall be 1 m.
           (3.3 ft.).




9.4        FENCING

9.4.1      Except as otherwise provided, no one shall construct a fence in a Residential or
           Commercial District which is higher than:

           (a)     1 m. (3.3 ft.) in the front yard, or a side yard abutting a public street other
                   than a lane;

           (b)     2 m. (6.5 ft.) in the side or rear yard.

9.4.2      The height of a fence in an Industrial or Urban Reserve District shall be determined
           by the Development Officer or the Municipal Planning Commission.

9.4.3      No fence shall be of barbed wire construction below a height of 2 m. (6.5 ft.).

9.4.4      Fences with barbed wire construction shall not be permitted in any Residential
           District or Public Service District. Utility lots in these districts may be exempt from
           this regulation at the discretion of the Development Officer or the Municipal
           Planning Commission.




Land Use Bylaw 3960/99                                                                           - 77 -
PART 9
GENERAL RULES                                                                   Town of High River

9.5        SCREENING, OUTSIDE STORAGE AREAS AND GARBAGE
           STORAGE

9.5.1      Visual screening to a minimum height of 2 m. (6.5 ft.) shall be provided by a fence or
           a combination of fence and soft landscaping where a commercial or an industrial site
           abuts a residential district and:

           (a)     the site accommodates a use operating wholly or partially outside a building;
                   or
           (b)     the side or rear yard of the site is used for parking, access, loading or other
                   servicing activity.

9.5.2      All mechanical equipment or apparatus on the roof of any office, apartment,
           commercial, or industrial building shall be screened to the satisfaction of the
           Development Officer or the Municipal Planning Commission.

9.5.3      All exterior work areas, storage areas and waste handling areas shall be screened
           and/or enclosed from view of adjacent sites, roadways, walkways, park areas and
           municipal or environmental reserve parcels in a manner compatible with the design
           and external materials of the principal building on the site and to the satisfaction of
           the Development Officer or the Municipal Planning Commission.

9.5.4      In those cases where wrecked or damaged vehicles are permitted to be stored or
           located on a site they shall be screened or enclosed to the satisfaction of the
           Development Officer or the Municipal Planning Commission.

9.5.5      Garbage and waste materials shall be stored in weatherproof and animal proof
           containers in an easily accessible location for pickup.

9.6        DEVELOPMENT OF HAZARDOUS LANDS

9.6.1      It is the responsibility of the developer to provide adequate protection against
           flooding, subsidence, and slumping and to engage such professional assistance as
           shall be necessary to protect his development.

9.6.2      The Development Officer or the Municipal Planning Commission may request that
           the application for development of lands with a gross slope of 15% or less shall be
           accompanied by a site plan and a structural plan designed and stamped by a
           professional engineer.

9.6.3      Development on land with a gross slope of greater than 15% shall be accompanied by
           a site plan and a structural plan designed and stamped by a professional engineer.




Land Use Bylaw 3960/99                                                                       - 78 -
PART 9
GENERAL RULES                                                                   Town of High River

9.6.4      For sites located within the floodway or flood fringe as delineated as overlay zones
           on the Land Use Map the provisions of both this Section and those of the land
           use district for which the site is designated, shall apply and where more restrictive,
           the provisions of this Section shall take precedence and be applied in addition to
           the regulations of the District and other Sections of this By-law.

(a)        Floodway Regulations:

                   (i)     Restrictions on Uses:

                           In the floodway only those permitted and discretionary uses which
                           are listed below, and which are listed in the land use district for
                           which the site is designated, shall apply:
                           Essential Utilities                                  Bylaw 4222/2009
                           Existing Uses
                           Extensive Agriculture
                           Public Parks
                           Playgrounds
                           Natural Areas
                           Parking Areas (limited to surface parking associated with parks or
                           playgrounds)
                           Recreation Facilities (outdoor)

                   (ii)    New Buildings and Alterations

                           No new buildings or other structures shall be allowed except for
                           replacement of existing buildings on the same locations provided that
                           the flood hazard can be overcome by mitigating measures acceptable
                           to the Town and Alberta Environment. Buildings or structures
                           intended for essential utilities or flood or erosion control may be
                           permitted.                                         Bylaw 4222/2009

                   (iii)   Existing Buildings

                           No external alterations or additions to existing buildings or structures
                           that might increase the obstruction to flood waters on that site, or
                           have a detrimental effect on the hydrological system or water quality,
                           shall be allowed.

                   (iv)    General

                           (A)       No grading, placing or removal of fill of any kind, whether
                                     originating on the site or elsewhere unless a development
                                     permit is approved by the Town based on advice from
                                     Alberta Environment.

Land Use Bylaw 3960/99                                                                       - 79 -
PART 9
GENERAL RULES                                                                   Town of High River

                           (B)     Fencing or other similar structures and hedging and other
                                   similar landscape elements shall not be permitted in the
                                   Floodway unless they are constructed parallel to the water
                                   flow, and the Town in consultation with Alberta
                                   Environment is satisfied such developments will not
                                   adversely affect the hydraulic efficiency or capacity of the
                                   floodway or adversely affect the existing drainage course.

                           (C)     No inside storage of hazardous materials such as chemicals,
                                   explosives, flammable liquids, toxic or waste materials is
                                   permitted.

                           (D)     No outside storage is permitted.


           (b)     Flood Fringe:

                   (i)     Restrictions on Uses:

                           In the Flood Fringe the uses listed in the land use district for which
                           the site is designated shall continue to apply.

                   (ii)    Restrictions on Storage:

                           No inside or outside storage of hazardous materials such as
                           chemicals, explosives, flammable liquids, toxic or waste materials
                           that cannot readily be removed in the event of a flood shall be
                           allowed.

                   (iii)   Access Roads:

                           On-site access roads shall be constructed at or above the Design
                           Flood Level. Roads shall not increase the obstruction to flood waters
                           or have a detrimental effect on the hydrological systems.

                   (v)     Property Lines:

                           Property lines shall be located 30 m. (100 ft.) from the top of bank of
                           the Highwood River.

                   (vi)    All Buildings:

                           (A)     Undeveloped/Developing Flood Fringe Areas:



Land Use Bylaw 3960/99                                                                        - 80 -
PART 9
GENERAL RULES                                                                  Town of High River

                                   1. All development, redevelopment and major alterations
                                      and additions shall be adequately flood proofed to the
                                      design flood level plus 0.5 m. (1.6 ft.) freeboard.

                                   2. The bottom of the joists of the first floor or the bottom
                                      surface of the slab on grade of the building or structure
                                      shall be above the design flood level plus 0.5 m. (1.6 ft.)
                                      freeboard.

                                   3. All electrical and mechanical equipment within a
                                      building shall be located at or above the designated flood
                                      level.

                                   4. Buildings shall be designated so as to prevent structural
                                      damage by floodwaters.


                   (B)     Developed Flood Fringe Areas:

                                   1. All development, redevelopment and major alterations
                                      and additions behind an approved flood proofing dyke
                                      system are encouraged to be adequately flood proofed to
                                      the design flood level plus 0.5 m. (1.6 ft.) freeboard.

                                   2. All heating plants, air conditioning, and plumbing
                                      outlets or electrical service are encouraged to be located
                                      above the design flood level plus 0.5 m.(1.6 ft.)
                                      freeboard.

                                   3. Basements are discouraged in new buildings unless they
                                      are flood proofed to the satisfaction of the Development
                                      Officer or Municipal Planning Commission.

                                   4. Foundations and walls of any building or structure are
                                      encouraged to be flood proofed to the design flood level
                                      plus 0.5 m (1.6 ft.) freeboard. All plans for such should
                                      be certified by a Professional Engineer or Architect.


                   (C)     Non-Floodplain Elevation Sites Within Flood Fringe:

                   Subject to all other provisions of this by-law, development may be
                   permitted where the existing grade of the building is certified by an
                   Alberta Land Surveyor as being 0.5 m. (1.6 ft.) of freeboard above
                   the 1:100 design flood level.

Land Use Bylaw 3960/99                                                                      - 81 -
PART 9
GENERAL RULES                                                                 Town of High River

9.7        CONTROLLED APPEARANCE
9.7.1      The design, use of materials, construction, character, location on the site and
           appearance of any building, or series of buildings, structure or sign proposed to be
           erected or located in any district must be acceptable to the Development Officer or
           the Municipal Planning Commission. Proposed developments shall be reviewed in
           light of various policies and objectives in the Town's statutory plans and any studies
           adopted as guidelines regarding views, vistas, skyline profiles, streetscapes, and so
           forth. In addition, the Development Officer or the Municipal Planning Commission
           shall also have regard for the amenities and character of existing development in the
           district, as well as the effect on adjacent districts.

9.7.2      The exterior finishing materials of a proposed development shall be those as shown
           on the approved plans for that development. Once constructed, the facade of the
           building (or buildings) shall be maintained to the standard shown on the site plan as
           approved by the Development Officer or the Municipal Planning Commission.

9.7.4      The Development Officer or the Municipal Planning Commission may allow a
           building to be occupied by a combination of one or more uses, and each use shall be
           considered as a separate entity and subject to the appropriate provisions of this
           Bylaw.

9.7.5      The entire site and all buildings shall be maintained in a neat and tidy manner
           including the trimming and upkeep of landscaped areas and the prompt removal of
           debris and unsightly objects.

9.7.6      Where the site is part of a larger area, the whole of which may eventually be
           developed and for which no comprehensive plan has been prepared, the Development
           Officer or Municipal Planning Commission may require the submission of a
           comprehensive plan for the whole area before dealing with the application and may
           require that the plan be prepared by an architect, planner or engineer.

9.7.7      For development with more than a 12 m. (39.4 ft.) frontage, the facade should be
           differentiated by dividing the building into vertical bays with varying architectural
           treatments.

9.8        HEIGHT OF BUILDINGS

9.8.1      The base from which to measure the height of a building shall be from any point on
           the finished ground elevation adjoining all exterior walls.




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PART 9
GENERAL RULES                                                                   Town of High River




9.8.2      In addition to those exceptions permitted in the specific land use district rules, the
           maximum height requirements for buildings or structures may be exceeded at the
           discretion of the Development Officer if the additional height is necessary to achieve
           a particular architectural theme or style and does not interfere with or affect the use,
           enjoyment, value or amenities of the neighbouring properties.

9.8.3      Measurement of height excludes a ventilating fan, a skylight, a steeple, a chimney, a
           smoke-stack, an exterior firewall, a parapet wall, a flagpole, antenna, or similar
           device not structurally essential to the building.

9.8.4      In an R-1, R-2 or R-2X District the maximum allowable height may be exceeded on
           one building elevation to a maximum of one storey.
9.9        ACCESSORY BUILDINGS

9.9.1      All accessory buildings shall be located at least 2.5 m. (8 ft.) from any principal
           building.

9.9.2      Notwithstanding subsection 9.9.1, when a building used or proposed to be used as an
           accessory building is located or proposed to be located closer to a principal building
           than 2 m. (6.5 ft.) it shall be connected to that principal building by a structural
           element, including for purposes of example but not limited to: common foundation,
           common roof, common wall.

9.9.3      For the purpose of calculating yard setbacks and site coverage requirements as
           provided in this Bylaw, when an accessory building is to be attached to the principal
           building, it shall be deemed to be part of the principal building.

9.9.4      No side yard is required for an accessory building in a residential district provided
           that:


Land Use Bylaw 3960/99                                                                       - 83 -
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GENERAL RULES                                                                     Town of High River

           (a)     The wall of the structure nearest the property line is a fire rated wall;

           (b)     The exterior finish of the wall does not require maintenance;

           (c)     There will not be any eave overhang and footing or foundation encroachment
                   into the adjoining property; and

           (d)     All roof drainage is directed by means of eavestroughs, drainspouts, or such
                   other suitable means, onto the property where the accessory building is
                   located.

9.9.5      An accessory building erected on a site in any residential district shall not be used as
           a dwelling.

9.9.6      When a site abuts a lane 6 m. (19.7 ft.) or less in width the rear yard setback for
           accessory buildings are:

           (a)     4.8 m. (16 ft.) lane: 2 m. (6.5 ft.)

           (b)     6 m. (20 ft.) lane: 1.5 m. (5 ft.)

9.9.7      In addition to 9.9.6, when a corner site has a 6 m. (19.7 ft.) lane at the rear and side of
           the property, the side and rear yard setback for the accessory building may be
           increased to allow for a 4.5 m. (15 ft.) corner cut to be acquired.

9.10       TEMPORARY BUILDINGS
9.10.1     The Development Officer or the Municipal Planning Commission may conditionally
           approve a temporary building to be constructed or located in any land use district
           subject to the owner agreeing to remove such a building in accordance with the terms
           and conditions affixed by the Development Officer or Municipal Planning
           Commission.

9.10.2     A temporary building shall not exceed one storey in height and shall not have a
           basement or a cellar or any below grade foundation.

9.10.3     A temporary building shall be maintained at all times.

9.10.4     No temporary building shall be serviced by Town sewage or water supply systems.

9.10.5     The Development Officer or the Municipal Planning Commission may require
           skirting around the base of a temporary building.



Land Use Bylaw 3960/99                                                                          - 84 -
PART 9
GENERAL RULES                                                                 Town of High River


9.10.6     An application to extend the duration of a temporary permit shall be dealt with as a
           new application. There shall be no obligation to approve it on the basis that the
           previous permit had been issued.

9.11       RELOCATION OF BUILDINGS
9.11.1     Where a development permit has been granted for the relocation of a building either
           on the same site or from another site, the Development Officer or the Municipal
           Planning Commission shall require the applicant to provide a letter of credit, cash or
           certified check deposit or a performance bond of such amount to ensure completion
           of any renovations set out as a condition of approval of a permit.

9.11.2     The applicant shall be required to indemnify the municipality against any damages
           that may occur to any public utilities as a result of the relocation.

9.11.3     All structural and exterior renovations to a relocated building are to be completed
           within one year of the issuance of the development permit.


9.11.4     The design, character and appearance of a relocated building must be acceptable to
           the Approving Authority in that it shall complement and conform to the character,
           design, and appearance of existing adjacent development, the existing streetscape and
           the District as a whole.

9.11.5     Any building proposed to be relocated shall be inspected by the Development Officer
           or Safety Codes Officer (Building) prior to locating it on a new site.

9.12       DEMOLITION OR REMOVAL OF BUILDINGS
9.12.1     Where a development permit is to be approved for the demolition or removal of a
           building the Development Officer or Municipal Planning Commission may require
           the applicant to provide a performance bond, cash or certified check deposit or letter
           of credit in such amount to cover costs of reclamation and damage to any public
           utility.

9.12.2     Whenever a demolition or a removal of a building is carried out the person causing
           the same to be made, shall, at his own expense, protect from displacement any wall,
           sidewalk or roadway liable to be affected by such demolition and shall sustain,
           protect and underpin the same so that they will remain in the same condition as
           before the demolition or removal was commenced and ensure that adequate measures
           shall be taken by way of fencing and screening to ensure the general public's safety.




Land Use Bylaw 3960/99                                                                      - 85 -
PART 9
GENERAL RULES                                                                  Town of High River

9.12.3     Whenever a development permit is issued for the demolition or removal of a building
           it shall be a condition of the permit that the site shall be properly cleaned, with all
           debris removed, and left in a graded condition.

9.13       NON-CONFORMING BUILDINGS AND NON-CONFORMING
           USES
9.13.1     The following subsections are provided for in the Act, as amended.              These
           subsections are provided for information only.

9.13.2     A non-conforming building may continue to be used but the building shall not be
           enlarged, added to, rebuilt or structurally altered, except:

           (a)     as may be necessary to make it a conforming building; or

           (b)     as may be deemed necessary by the Development Officer for the routine
                   maintenance of the building or

           (c)     in accordance with a land use bylaw that provides minor variance powers to
                   the development authority for the purposes of this section.

9.13.3     If a non-conforming building is damaged or destroyed by fire or other causes to an
           extent of more than 75% of the value of the building above its foundation, the
           building shall not be repaired or rebuilt except in conformity with the provisions of
           this land use bylaw.

9.13.4     A non-conforming use of land or a building may be continued, but if that use is
           discontinued for a period of six (6) consecutive months or more, a future use of the
           land or building must conform with the land use bylaw then in effect.

9.13.5     The use of land or of a building is not affected by reason only of a change of
           ownership, tenancy or occupancy of the land or building.
9.13.6     A non-conforming use of part of a building may be extended throughout the building
           but the building, whether or not it is a non-conforming building, may not be enlarged
           or added to and no structural alterations may be made to it or in it.

9.13.7     A non-conforming use of part of a lot shall not be extended or transferred in whole or
           in part to any other part of the lot and no additional buildings may be constructed on
           the lot while the non-conforming use continues.

9.13.8     When a building is a non-conforming building solely by reason of its encroachment
           into a required front, side, or rear yard, or inadequate parking, the Development
           Officer at his/her discretion may allow an extension of, or an addition to, the
           building, if such extension or such addition will not in itself constitute an


Land Use Bylaw 3960/99                                                                       - 86 -
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GENERAL RULES                                                                    Town of High River

           encroachment into any required yard, and if such extension or addition complies with
           the provisions of this By-law.

9.13.9     A building that encroaches into a required front, side, rear yard or height requirement
           by reason of conversion from imperial unit of measurement as contained within
           Bylaw 3535/85 to metric units as contained within this Bylaw is considered to be a
           conforming building.

9.14       SIGN CONTROL
9.14.1     In considering a development application for any sign, the Development Officer shall
           have due regard to the amenities of the district in which the sign is located and the
           design of the proposed sign.

9.14.2     Excepting traffic control signs and those temporary signs outlined in Section 4.2.1(n),
           all signs shall comply with the provisions set out for the district in which the sign is
           to be located.

9.14.3     No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or
           be located, or display a light intensity or colour where it may interfere with, or be
           confused with any authorized traffic sign, signal or device and in so doing create a
           traffic hazard.
9.14.4     Signs, other than fascia signs, which overhang any abutting municipal, provincial, or
           federal property are prohibited.

9.14.5     Freestanding signs in any land use district shall not project within 0.6 m. (2 ft.) of a
           property line.

9.14.6     Within Residential Districts one identification sign per site may be allowed as
           follows:

           (a)     A free-standing sign or fascia sign to identify an apartment building,
                   manufactured home park or other non-commercial use and which does not:

                   (i)     exceed 3 m.2 (32.3 ft.2) in area; or

                   (ii)    exceed 3.5 m. (11.5 ft.) in height.

           (b)     Notwithstanding subsection 9.14.6(a) on a site used for a Residential Sales
                   Centre, signs may be allowed as follows:




Land Use Bylaw 3960/99                                                                        - 87 -
PART 9
GENERAL RULES                                                                    Town of High River

                   (i)     One temporary freestanding sign may be allowed for each frontage
                           of the development for the purpose of providing sales information
                           and identifying the home building, contractor or real estate company
                           associated with the development. The maximum area of this sign
                           shall not exceed 3 m.2 (32.3 ft.2) and the maximum height when
                           free standing shall not exceed 3 m.(9.8 ft.).


                   (ii)    Banners and pennants identifying the building, contractor or real
                           estate company associated with the show home or Residential Sales
                           Centre may be allowed on site. The maximum area for any such
                           single sign shall not exceed 1.8 m.² (20 ft.2) and where such sign is
                           affixed to a building, the top of the sign shall not be located higher
                           than the second storey.

                   (iii)   One balloon sign per site may be allowed at the discretion of the
                           Development Officer.

            (c)    A free standing or fascia sign attached to the principal building to identify the
                   name of the bed and breakfast occupying the residence or site and which:

                    (i)    does not exceed 0.8 m.2 ( 8.6 ft.2) or

                   (ii)    is non-illuminated from within or

                   (iii)   if freestanding, does not exceed 1.5 m. (5 ft.) in height

9.14.7     Within a Highway Commercial District, an Industrial District, Service Commercial
           District, Commercial Shopping District or an Urban Reserve District, identification
           or directional signs may be allowed per site as follows:

           (a)     Free-standing signs provided that:

                   (i)     the total sign area for each face shall not exceed 9 m.2 (96.8 ft.2).

                   (ii)    the maximum height shall not exceed 9 m. (29.5 ft.).

           (b)     Fascia signs provided that the total copy area of a sign or signs shall not
                   exceed 20% of the face of the building or bay to which the sign is attached.

           (c)      Roof signs provided that:

                   (i)     the sign shall have no visible support structure;

                   (ii)    the maximum area of a sign shall be 9 m.² (96.8 ft.2).

Land Use Bylaw 3960/99                                                                             - 88 -
PART 9
GENERAL RULES                                                                   Town of High River

           (d)     Projecting signs provided that:

                   (i)     the maximum area shall be 9 m.² (96.8 ft.2);

                   (ii)    a sign shall not rise more than 0.3 m. (1 ft.) above a parapet;

                   (iii)   a minimum of 2.5 m. (8.2 ft.) shall be provided between the bottom
                           of a sign and a private sidewalk or walkway;

                   (iv)    the structural supports and anchors have been approved by a
                           professional structural engineer.

                   (v)     it does not encroach within 0.6 m. (2 ft.) of the property line.

           (e)     Canopy or awning signs provided that:

                   (i)     they are added to and form part of the principal building;

                   (ii)    a minimum of 2.5 m. (8.2 ft.) shall be provided between the bottom
                           of the canopy or awning and a sidewalk, parking lot, or any other
                           public thoroughfare area;

                   (iii)   the projection outwards from the building is no greater than 1.2 m.
                           (4 ft.);

                   (iv)    notwithstanding subsection 9.14.4 an encroachment and hold
                           harmless agreement is entered into if the canopy or awning
                           overhangs any abutting municipal, provincial, or federal property.

9.14.8     Within the Central Business District, Central Business Expansion District,
           Convenience Commercial District, Restricted Commercial District, and Special
           Commercial - Industrial District, identification or directional signs may be allowed as
           follows:

           (a)     Fascia signs provided that the total copy area of a sign shall not exceed 20%
                   of the face of the building or bay to which the sign is attached.

           (b)     Free standing signs no greater than:

                   (i)     a maximum height of 4.5 m. (14.8 ft.);

                   (ii)    a maximum area of 3 m.² (32.3 ft.2).

           (c)     Canopy or awning signs provided that:

Land Use Bylaw 3960/99                                                                        - 89 -
PART 9
GENERAL RULES                                                                     Town of High River

                   (i)     they are added to and form part of the principal building;

                   (ii)    a minimum of 2.5 m. (8.2 ft.) shall be provided between the bottom
                           of the canopy or awning and a sidewalk, parking lot, or any other
                           public thoroughfare area;

                   (iii)   the projection outwards from the building is no greater than 1.2 m.
                           (4 ft.);

                   (iv)    notwithstanding subsection 9.14.4, an encroachment and hold
                           harmless agreement is entered into if the canopy or awning
                           overhangs any abutting municipal, provincial, or federal property.

9.14.9     Advertising signs may be allowed within commercial and industrial districts as
           follows:

           (a)     Portable Reader Board Signs:

                   (i)     will be restricted to one sign per business;

                   (ii)    shall not exceed 4.5 m.2 (48.4 ft.2 ) in area or 2 m. (6.5 ft.) in height;

                   (iii)   shall be non-illuminated;

                   (iv)    shall not be placed on private internal walkways, sidewalks and
                           parking areas;

                   (v)     shall not be located closer than 1.6 m. (5 ft.) from a public rights –
                                                of way or 0.6 m. (2 ft.) from a public sidewalk;

(vi)       may be located on sites other than the site upon which the business,
           event or promotion occurs to advertise an event or promotion for
           periods not to exceed 30 days.

           (b)     “A” or Sandwich Board Signs

                   (i)     shall not exceed 0.6 m. (2 ft.) in width and 1 m. ( 3.3 ft.) feet in
                           height

                   (ii)    shall not impede the safe movement of pedestrian traffic or block a
                           fire exit or doorway;

                   (iii)   shall be removed at the end of the business day;
                   (iv)    will be restricted to one sign per business;


Land Use Bylaw 3960/99                                                                            - 90 -
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GENERAL RULES                                                                       Town of High River

                    (v)      shall not be illuminated.

            (c)     Window signs:

                    (i)      should, where materials permit, be placed on the inside of the
                             window and may be painted, attached, or free standing;

                    (ii)     may be illuminated but shall not exceed 0.4 m.2 (4.3 ft.2) in area and
                             shall not be flashing, intermittent or animated when visible from a
                             public roadway.

            (d)     Banners or Pennants:

                    (i)      shall not exceed 5 m.2 (53.8 ft.2 ) in area;

                    (ii)     shall be secured or anchored to a support structure;

                    (iii)    shall not be placed or attached to public property.

            (e)     Balloons and Dirigibles:

                    (i)      size to be at the discretion of the Development Officer

                    (ii)     shall be secured or anchored to a support structure;

                    (iii)    shall not be placed or attached to public property.

            (f)     Free Standing Signs:

                    (i)      one (1) sign per business on a multiple use site or three (3) signs per
                             single use site;

                    (ii)     shall not exceed 4.5 m.2 (48.4 ft.2 ) in area or 2 m. (6.5 ft.) in height;

                    (iii)    shall not be placed on private internal walkways, sidewalks and
                             parking areas;

                    (iv)     shall not be located closer than 1.6 m. (5 ft.) from a public rights –
                             of way or 0.6 m. (2 ft.) from a public sidewalk;

9.15        RESIDENTIAL BUILDINGS ADJACENT TO A HIGHWAY

Notwithstanding any other setback provisions in this Bylaw and where no sound shadow exists
and/or no noise attenuation techniques are used, all residential buildings adjacent to the Canadian
Pacific Railway tracks or Highways 2, 2A or 23

Land Use Bylaw 3960/99                                                                            - 91 -
PART 9
GENERAL RULES                                                                 Town of High River

9.15.1     (12th Avenue South) shall be sited a minimum distance of 27 m. (88.5 ft.) from the
           ultimate boundary of the right-of-way to the nearest wall. In its deliberation of this
           matter the approving authority shall consider Canada Mortgage and Housing
           Corporation requirements and specifications for noise abatement in dwelling units.

9.16       RESIDENTIAL INFILL DEVELOPMENT

9.16.1     The provisions established in subsections 9.16.2 to 9.16.6 shall apply only to those
           locations designated as infill areas on the Areas Subject to Special Rules for Infill
           Development map as attached to Section 8 of this Bylaw.

9.16.2     Infill developments should be compatible with and sensitive to the established
           neighbourhood and streetscape in general. When reviewing an application for an
           infill development, the subject proposal shall be evaluated and a decision made by
           the Approving Authority subject to the following criteria:

           (a)     Massing: The proposed development should reflect existing neighbourhood
                   building envelopes and proportions, heights, and scales of development.

           (b)     Overall facade: The proposed development should reflect compatibility with
                   existing facades along the street with regard to organization and proportion,
                   percentage of openings, use of porches and verandas, projections and
                   recesses, decorative detailing, trim, cornice treatment, and similar details.
                   (Note: Architectural components need not be duplicated exactly. Rather,
                   they may be simplified to reflect the historical context of the streetscape or
                   neighbourhood.)

           (c)     Roof lines: The proposed development should be consistent with the
                   character of the streetscape in regard to slope, materials, overhang, and
                   decorative elements. Corner lot infill developments should ensure a roof
                   design that addresses the foregoing components for facades fronting on both
                   streets.

           (d)     Windows: The proposed development should have window forms and styles
                   that compliment those found on the existing dwellings along the street with
                   regard to arrangement, placement, sizing, geometry, and detailing/trim. In
                   addition, windows on side walls should be limited and orientated or placed in
                   such a manner that respects and reduces the impact upon the privacy of
                   adjacent buildings and outdoor amenity areas. (Note: this latter provision
                   should not apply to the street side wall of a corner lot infill development.)

            (e)    Entrances: The principal entrance for infill developments should be retained
                   on the front facade elevation of the building and be visible from the street.
                   In addition, entry porches and verandas are encouraged in areas that


Land Use Bylaw 3960/99                                                                      - 92 -
PART 9
GENERAL RULES                                                                    Town of High River

                   historically have these features. Entries located on side walls should be
                   avoided. (Note: this latter provision should not apply to the street side of a
                   corner lot infill development.)

           (f)     Exterior Materials: Exterior building materials, finishes, and colour schemes
                   used for infill developments should be compatible with and harmonize with
                   those used in the immediate vicinity and, more specifically, along the street.
                   (Note: Developers should not be limited to duplicating traditional finishing
                   styles and materials, but should be referenced by them.)

           (g)     Landscaping: The proposed development should reflect existing landscaping
                   features along the street in order to maintain the visual quality of the general
                   streetscape. The retention of mature trees and the provision of soft
                   landscaping features such as lawns, shrubs and hedges is encouraged.
                   Extensive use of rock or gravel materials for landscaping, or other features
                   not characteristic of the neighbourhood should be avoided.

           (h)     Parking: The proposed development shall provide at least one off-street
                   parking space, and the developer shall ensure that sufficient setbacks are
                   provided for the parking area to park vehicles totally on-site, without
                   overhanging any property lines. Front drive garages or driveways are
                   discouraged as these features are not consistent with the traditional
                   streetscapes of these older, established neighbourhoods designated for
                   potential infill development. Where front drive garages or driveways cannot
                   be avoided, the choice of housing style for the infill site shall be sensitive to
                   adjacent properties and the streetscape in general in order to minimize
                   conflicts in the overall character and appearance of the rest of the neigh-
                   bourhood.

9.16.3     Side-by-side duplication of architectural styles or form should be avoided. In those
           instances where adjacent lots are permitted, at the discretion of the Development
           Officer or the Municipal Planning Commission, to use the same basic architectural
           building style or form, variations of facade treatment, building detail elements and
           finishes or cladding materials and colours shall be required.
9.16.4     Where an infill lot has been created from the rear yard of a corner lot, the design and
           placement of the principal building on the site shall require special attention in order
           to avoid negative impacts and intrusions upon neighbouring yards, amenity areas, and
           windows. Included shall be attention to such issues as privacy, the over-shadowing
           of adjacent yards, and the location of on-site parking areas.

9.16.5     Where deemed necessary by the Development Officer or the Municipal Planning
           Commission, servicing requirements for infill developments may include the
           registration of utility easements or rights-of-way. These easements or rights-of-way
           may restrict a developer's and/or owner's ability to construct or locate dwellings,

Land Use Bylaw 3960/99                                                                         - 93 -
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GENERAL RULES                                                                      Town of High River

           accessory buildings, retaining walls, decks, trees and so forth within the easement or
           right-of-way area.

9.16.6     Any additions or alterations to infill developments shall follow the principles and
           provisions established in subsection 9.16.2 of this Bylaw and must be approved by
           the Development Officer or the Municipal Planning Commission prior to
           commencement.

9.17       MULTI-FAMILY DEVELOPMENT REQUIREMENTS

9.17.1     Notwithstanding the minimum and maximum requirements of a district, where two or
           more buildings, each containing two or more dwelling units in a cluster on a single
           site, the following shall apply.

9.17.2     Setbacks:

           (a)     All buildings shall be setback a minimum of:

                   (i)     6 m. (19.7 ft.) from any public roadway excluding lanes;

                   (ii)    3 m. (9.8 ft.) from any other property line delineating the edge of the
                           development;

                   (iii)   3 m. (9.8 ft) from any other building in the cluster.

           (b)     Notwithstanding subsection 19.17.2(a), building elevations with living room
                   and/or bedroom windows shall be separated a distance of:

                   (i)     15 m. (49.2 ft.) from any other principal dwelling unit;

                   (ii)    3 m. (9.8 ft.) from any internal roadway or walkway intended for
                           common use in the development area.

           (c)     A required separation space may be provided wholly or partly within a
                   required setback.

9.17.3     Vehicle-Pedestrian Facilities:

           (a)     All private roads shall be constructed and surfaced to the municipality's
                   specifications and have a minimum carriageway of 7 m. (22.9 ft.).

           (b)     Dead-end roads or cul-de-sacs shall have a turning circle at the dead-end
                   with a radius of at least 8.5 m. (27.9 ft.).

           (c)     On-street parking is prohibited on private roadways;

Land Use Bylaw 3960/99                                                                          - 94 -
PART 9
GENERAL RULES                                                                    Town of High River

           (d)    Internal pedestrian walkways, where provided, shall have a hard surfaced
                  minimum width of 1 m. (3.3 ft.) and shall be constructed to the satisfaction of
                  the municipality.
9.17.4     General:

           (a)     All dwelling units shall be within 30 m.(98.4 ft.) of a garbage facility.

           (b)     The arrangement of the buildings on a site is subject to the approval of the
                   Municipal Planning Commission.

9.17.5     Townhouse Developments in established neighbourhoods:

           (a)     Front Yard:

                   A townhouse building which fronts onto a public street shall not have a front
                   yard less than the deepest front yard of the principal building on any
                   adjoining site or 5 m. (16.4 ft.) whichever is the lesser;

           (b)     Garbage Storage:

                   Garbage and waste material shall be stored in weatherproof and animal-proof
                   containers in accordance with the Waste By-law and shall be visually
                   screened from all adjacent sites and public thoroughfares.

           (c)     Compatibility:

                   Where townhouse units front onto a public street, they shall be compatible in
                   terms of mass and character with existing residential buildings on
                   neighbouring sites.

           (d)     Laneless:

                   A townhouse development in a laneless subdivision shall not be subdivided
                   into lots for individual dwelling units unless the Approving Authority is
                   satisfied with the provisions made for:

                   (i)     the required off-street parking;

                   (ii)    any necessary emergency or utility maintenance access to the rear of
                           the individual lots.




Land Use Bylaw 3960/99                                                                         - 95 -
PART 9
GENERAL RULES                                                                Town of High River

9.18       AMENITY SPACE AND LANDSCAPING REQUIREMENTS FOR
           MULTI-FAMILY HOUSING

9.18.1     When the development of a multi-family housing complex, or a cluster development
           is proposed, the developer shall provide, on the site, areas for recreational and
           landscaping purposes, in addition to those areas needed for buildings, driveways,
           walkways and parking spaces.

9.18.2     The amount of land area of a multi-family site required for recreational and
           landscaping purposes will vary according to building size, type and the number of
           dwelling units to be constructed.

9.18.3     Those areas comprised of balconies, decks, patios and recreational facilities within
           the development, including swimming pools and any communal lounges for the
           free use of the tenants, may be included as part of the total landscaping and
           recreational requirements for the site.

9.18.4     The location of landscaped and recreational areas on the site is subject to the
           approval of the Development Officer or the Municipal Planning Commission.

*9.19      DWELLING ACCOMMODATION IN COMMERCIAL DISTRICTS

9.19.1     Dwelling accommodation in a mixed use development shall not be located on the
           same floor as a non-residential use, and in no case shall be located below the second
           storey of the building.

9.19.2     All dwelling accommodation in mixed use developments shall conform to the
           Residential Multi-Family District (R-3) land use rules in regard to habitable floor
           area per unit.

9.19.3     Parking for residents shall be provided in accordance with the parking requirements
           for apartments of this Bylaw.

*N.B. See also end of Part 9 for new section re: Secondary Suites

9.20       OCCUPATIONS             IN      RESIDENTIAL              DISTRICTS         (HOME
           OCCUPATIONS)

9.20.1     Not more than one flush-mounted sign shall be allowed for each dwelling unit
           operating a home occupation. The sign shall not be illuminated in any way or exceed
           0.2 sq. m. (2.15 sq.ft.) in area. It may be shown through a window, or may be located
           on the exterior of a principal or accessory building, at the discretion of the
           Development Office or the Municipal Planning Commission.           Bylaw 4101/2005



Land Use Bylaw 3960/99                                                                     - 96 -
PART 9
GENERAL RULES                                                                    Town of High River

9.20.2     The occupation shall not create a nuisance by way of dust, noise, odour, smoke or
           glare.

9.20.3     There shall be no mechanical or electrical equipment used which creates visual,
           audible or electrical interference in radio or television reception.

9.20.4     The occupation shall not generate pedestrian or vehicular traffic or parking, in excess
           of that which is characteristic of the District in which it is located.
9.20.5     There shall be no outdoor business activity, or storage of material or equipment
           associated with the occupation.

9.20.6     The occupation may make any alterations to the principal and accessory buildings at
           the discretion of the Development Officer or the Municipal Planning Commission.

9.20.7     The occupation shall be operated as a secondary use only and shall not change the
           principal character or external appearance of the dwelling involved.

9.20.8     Home occupations that do not comply with the regulations established in this Bylaw
           may have their business license revoked at any time at the discretion of the
           Development Officer.                                             Bylaw 4101/2005

9.20.9     If, at any time, any of the requirements regulating a home occupation are not
           complied with, the Development Officer may suspend or cancel the development
           permit.

9.20.10    A home occupation permit does not exempt compliance with health regulations or
           any other permit requirements or municipal, provincial, or federal regulations.

9.20.11    Development permits for home occupations are based solely on the location of the
           use. If a permit holder relocates within the municipality, that person must apply for a
           development permit to commence the use from the new location. Bylaw 4101/2005

9.21       BED AND BREAKFAST ACCOMMODATION

9.21.1     Bed and breakfast accommodation shall not interfere with the rights of other
           residents to quiet enjoyment of a residential neighbourhood. Bed and breakfast
           accommodation shall be an incidental and subordinate use to the principal residential
           use and shall be restricted to the dwelling unit and shall not:

           (a)     require any alterations to the principal building unless the alterations are
                   approved by the Approving Authority;

           (b)     create a nuisance by way of noise, parking or traffic generation;



Land Use Bylaw 3960/99                                                                            - 97 -
PART 9
GENERAL RULES                                                                   Town of High River

           (c)     occupy more than twenty five percent (25%) of the dwelling unit or provide
                   for more than two (2) guest rooms in addition to the family of the owner,
                   whichever is less;

           (d)     sell meals or alcoholic beverages to non-overnight guests;

           (e)     include a kitchen in any room rented.

9.21.2     In granting a development permit for a bed and breakfast, the Approving Authority
           shall restrict the use to a specified time limit after which an application must be made
           to continue the use. In no case shall a development permit be issued for a period that
           exceeds two years, after which time a new application must be made to continue the
           use.

9.22       OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL
           DISTRICT

9.22.1     No person shall be allowed to keep or maintain a recreational vehicle in the front
           yard between October 30 and April 1.                            Bylaw 4235/2009

9.22.2     No person shall be allowed to keep or maintain on a site, lane, or street:

           (a)     a school bus or a commercial vehicle with a gross vehicle weight (GVW)
                   rating in excess of 4,000 kg (8,818 lbs.) for longer than is reasonably
                   necessary to unload the vehicle;

           (b)     an industrial or construction vehicle with a gross vehicle weight (GVW)
                   rating in excess of 4,000 kg (8,818 lbs.) except when such a vehicle is
                   required pursuant to a development or building permit for that site;

           (c)     a motor vehicle which is in a dilapidated condition outside a building;

           (d)     any object or chattel which, in the opinion of the Development Officer or
                   Municipal Planning Commission, is unsightly or tends to adversely affect the
                   amenities of the district;

9.23       UTILITIES

9.23.1     Except for accessory buildings and temporary buildings, all residential, commercial,
           industrial, institutional and recreational buildings shall be serviced by the
           municipality's piped sanitary and storm sewers and piped water supply.

9.23.2     Each unit of a semi-detached dwelling, cluster housing, fourplex dwelling, or
           attached housing complex shall be serviced individually and directly connected to the
           municipality's sewer and water lines.

Land Use Bylaw 3960/99                                                                       - 98 -
PART 9
GENERAL RULES                                                                           Town of High River

9.23.3     Notwithstanding subsections 9.23.1 and 9.23.2, alternate arrangements for utility
           servicing may be considered at Council's discretion, and Council, in considering this
           matter may receive the advice of any Federal or Provincial agency, any private
           consulting or testing firm, and High River municipal staff.

9.24       PARKING AND LOADING REQUIREMENTS

9.24.1     Parking and loading spaces shall be provided on site in accordance with the following
           tables and unless otherwise stated, shall:

           (a)     be calculated on the basis of gross floor area less 15% for halls, stairways
                   and mechanical rooms, and where a fractional figure occurs shall be rounded
                   to the next higher figure; or

           (b)     be calculated based upon fire occupancy ratings where the terms "patrons"
                   and "seats" are used.

           (c)     A minimum of one parking stall, having a minimum width of 4 metres, shall
                   be provided for the handicapped in all parking areas or structures, and shall
                   be clearly designated as such and located close to building entrances.




                                                               MINIMUM NUMBER OF
                          USE OF BUILDING OR SITE                PARKING SPACES

                         Agricultural Equipment Sales, Ser-   1 space/93 m.2 (1,000 ft.2)
                         vice & Repairs
                         Amusement Arcades                    1 space/ 46 m.2 (495 ft.2)
                         Apartments                           1.25 spaces/dwelling unit
                         Arenas (indoor)                      1 space/10 patrons
                         Arenas (outdoor)                     1 space/9 m.2 (100 ft.2)
                         Arts & Crafts Studios                1 space/46 m.2 (495 ft.2)
                         Attached, Row or Town housing        2 spaces/dwelling unit plus a
                                                              storage compound of 1 space/5
                                                              dwelling units
                         Auto Body & Repair Shops             1 space/46 m.2 (495 ft.2) plus 3
                                                              spaces/repair bay
                         Auction Rooms                        1 space/46 m.2 (495 ft.2)
                         Automotive Accessories               1 space/37m² (398 ft.2)
                         & Parts Sales
                         Automotive Sales & Service           1 space/93 m.2 (1,000 ft.2)
                         Bed and Breakfast Accommodation      2 spaces/dwelling unit and 1
                                                              space/rented room
                         Billiard Halls & Pool Rooms          1 space/37m² (398 ft.2)
                         Bowling Alleys                       3 spaces/alley

Land Use Bylaw 3960/99                                                                               - 99 -
                                                                MINIMUM NUMBER OF
                          USE OF BUILDING OR SITE                 PARKING SPACES

                         Broadcasting Facilities               1 space/46 m.2 (495 ft.2)
                         Building Supply Centres               1 space/93 m.2 (1,000 ft.2)
                         Bulk Fuel Stations                    5 spaces for employee parking
                         Bus Depots                            1 space/46 m.2 (495 ft.2)
                         Car/Truck Washing Establishments      3 spaces/wash bay
                         Child Care Facilities                 1 space/employee
                         Community Buildings & Facilities      1 space/9 m.2 (100 ft.2)
                         (unless otherwise listed)
                         Convenience Stores                    1 space/37m² (398 ft.2)
                         Cultural Establishments               1 space/4 seats or 1 space/46
                                                               m² (495 ft.2)
                         Curling Rinks                         6 spaces/sheet of ice
                         Drinking Establishments               1 space/3 patrons
                         Drive-in Food Services                5 spaces/drive up window plus
                                                               5 vehicle stack-up spaces/drive
                                                               up window to be located on the
                                                               site
                         Equipment Rental Establishments       1 space/46 m.2 (495 ft.2)
                         Financial Institutions                1 space/37m² (398 ft.2)plus a
                                                               minimum of 5 spaces for
                                                               employees
                         Freight Terminals                     1 space/93 m.2 (1,000 ft.2) of
                                                               building area or 1 space/278
                                                               m.² (2992 ft.2) of site area,
                                                               whichever is greater
                         Funeral Homes                         1 space/46 m.2 (495 ft.2) or 1
                                                               space/3 seats, whichever is
                                                               greater
                         Hospitals                             1 space/bed
                         Hotels                                1 space/accommodation unit
                         Household Repair Services             1 space/37m² (398 ft.2)
                         Industrial & Manufacturing Plants     1 space/93 m.2 (1,000 ft.2)
                         Industrial Service Shops              1 space/46 m.2 (495 ft.2)
                         Laboratories                          1 space/46 m.2 (495 ft.2)
                         Laundromats                           1 space/27m² (290 ft.2)
                         Liquor Stores                         1 space/37m² (398 ft.2)
                         Lumber Yards                          1 space/93 m.2 (1,000 ft.2) of
                                                               site area
                         Medical Clinics                       1 space/37m² (398 ft.2)
                         Motels                                1 space/accommodation unit
                                                               plus 2 spaces for employees
                         Nursing Homes                         1 space/5 patient beds
                         Offices & Office Support Services     1 space/37m² (398 ft.2))
                         Outdoor Athletic/Recreational         1 space/5 seats or 1 space/18
                         Facilities unless otherwise stated    m² (194 ft.2) (of gross floor
                                                               area, whichever is greater
                         Personal Service Businesses           1 space/37m² (398 ft.2)
                         Private Clubs & Organizations         1 space/7 m² (75 ft.2)
                         Racquet Sport Facilities              4 spaces/court
                         Residential Dwellings:
                            Single Family Unit                 2 spaces/dwelling unit
                            Two Family Unit                    2 spaces/dwelling unit
                         Recreational Vehicle Sales, Service   1 space/46 m.2 (495 ft.2) of


Land Use Bylaw 3960/99                                                                           - 100 -
                                                            MINIMUM NUMBER OF
                           USE OF BUILDING OR SITE            PARKING SPACES

                                                           building area or 1 space/ 185
                                                           m² (1991 ft.2) of site area,
                                                           whichever is greater
                         Recycling Depots                  1 space/46 m.2 (495 ft.2)
                         Religious Institutions            1 space/7 seats or 1 space/46
                                                           m.2 (495 ft.2) of gross floor
                                                           area, whichever is greater
                         Residential Sales Centre          1 space/20 m² (215 ft.2)
                         Restaurants                       1 space/4 seats for patrons
                         Retail Sales, Service & Repairs   1 space/37m² (398 ft.2)
                         Retail Food Stores                1 space/37m² (398 ft.2)
                         Schools:
                            Elementary                     2 spaces/classroom
                            Junior High                    3 spaces/classroom
                            Senior High                    6 spaces/classroom plus 1
                                                           space/10 seats for auditoriums
                                                           or gymnasiums, or 1 space/9
                                                           m.2 (100 ft.2) of gross floor
                                                           area used in service of the
                                                           public; whichever is greater
                         Scrap Yards                       1 space/46 m.2 (495 ft.2)
                         Senior Citizens' Housing          1 space/accommodation or
                                                           dwelling unit
                         Service Stations                  1 space/46 m.2 (495 ft.2) plus 3
                                                           spaces/repair bay
                         Shopping Centre                   5.5 spaces/ 93 m.2 (1000 ft.2)
                                                           of gross leasable floor area
                         Storage Yards                     1 space/278 m.² (2992 ft.2)
                         Theatres                          1 space/4 seats
                         Truck & Manufactured Home                        2        2
                                                           1 space/46 m. (495 ft. ) or 1
                         Sales & Service                   space/278 m.² (2992 ft.2) of site
                                                           area, whichever is greater
                         Trucking Establishments           1 space/93 m.2 (1,000 ft.2) or 1
                                                           space/278 m.² (2992 ft.2) of
                                                           site area, whichever is greater
                         Veterinary Clinics                               2        2
                                                           1 space/46 m. (495 ft. )
                         Warehouse Sales/Box Stores                      2          2
                                                           1 space/46 m. (495 ft.    )
                                                                         2
                         Warehousing                       1 space/93 m. (1,000 ft.2)



9.24.2     Parking and loading spaces shall be located on the same site as the building or the use
           for which they are required and shall be designed, located and constructed to the
           Municipality's standards so that:

           (a)     they are easily accessible to the vehicles intended to be accommodated there;

           (b)     they can be properly maintained;

           (c)     the parking space is in conformity with the requirements as outlined in 9.26.9
                   and the stall width, angle, and depth, along with the aisle width, are indicated
                   on the site plan;

Land Use Bylaw 3960/99                                                                         - 101 -
PART 9
GENERAL RULES                                                                    Town of High River

           (d)     the loading space shall have an area of not less than 28 m.2 (301 ft.2), 3.6 m.
                   (11.8 ft.) in width, and 3.6 m. (11.8 ft.) of overhead clearance; and

           (e)     they are satisfactory to the Development Officer or the Municipal Planning
                   Commission in size, shape, location, grading and construction.

9.24.3     Adequate curbs or concrete bumpers or fences, shall be provided to the satisfaction of
           the Development Officer or the Municipal Planning Commission.

9.24.4     The on-site parking shall be provided in the manner shown on the approved site plan
           with the entire area to be graded and surfaced so as to ensure that drainage will be
           confined to the site and disposed of in a manner satisfactory to the Development
           Officer or the Municipal Planning Commission.

9.24.5     Notwithstanding Section 9.26.1, should the Development Officer or the Municipal
           Planning Commission deem it advisable, they may require the developer to provide
           the required off-street parking on land other than that to be developed provided that:

           (i)     the alternate parking site is within 120 m. (393.7 ft.) of the site where
                   the principal building is located or where the approved use is carried
                   on and within the same district;

           (ii)    the alternate parking site is under the absolute control of the
                   developer or his successor to the principal development for a term
                   of years equal to the life of the approved principal development and
                   that the said alternate parking site will be maintained and made
                   available at all times in a like manner to an on-site parking site;

           (iii)   the absolute control is established to the satisfaction of the Council;

           (iv)    should the developer or his successor to the principal development
                   seek the consent of the municipality to discontinue the use of an
                   approved alternate parking site, he shall provide a substitute parking
                   site that conforms to the criteria required for an on-site parking site;

           (v)     when the developer or his successor is authorized by the
                   Municipality to provide one or more alternative parking sites, he
                   shall enter into an agreement under seal with the Municipality
                   deposing as to these and such other relevant things as the
                   Municipality may require and the said agreement shall be in such
                   form as may be registered and maintained on the title or titles to such
                   lands in the Land Titles Office.

9.24.6     When a building is enlarged, altered, or a change in the use occurs in such a manner
           as to cause a more intensive use of that building, provision shall be made for the

Land Use Bylaw 3960/99                                                                         - 102 -
PART 9
GENERAL RULES                                                                     Town of High River

           additional parking spaces required under the parking provisions of this Bylaw. The
           calculation shall be based on the number of additional parking spaces required as a
           result of the enlargement, alteration, or change in the use of the building, in addition
           to any parking spaces that may have been removed due to the enlargement or
           alteration.

9.24.7     Parking spaces shall not be located in the front yard of apartments unless otherwise
           allowed by the Development Officer or the Municipal Planning Commission.

9.24.8     Parking and loading requirements for other similar uses as set out in subsection
           9.24.1 shall be provided as determined by the Development Officer and the
           Municipal Planning Commission.

9.24.9     Parking spaces shall be designed and provided in accordance with the following table
           and diagram.

                                                       Width of Aisle      Depth of Stall D
                  Width of Stall                             A             Perpendicular to
                       W           Angle of Parking        m. (ft.)               Aisle
                     m. (ft.)         (degrees)          (one way)               m. (ft.)
               2.5m. (8.0 ft.)            90            7.0m (23.0 ft.)         5.8 m. (19.0 ft
               2.5m.                      60           5.5 m. (18.0 ft.)      6.1 m. (20.0 ft.)
               2.5m.                      45           3.6 m. (11.8 ft.)      5.9 m. (19.5 ft.)
               2.5m.                      30           3.2 m. (10.5 ft.)      5.2 m. (17.0 ft.)
               2.6m. (8.5 ft.)            90           7.6 m. (25.0 ft.)      5.8 m. (19.0 ft.)
               2.6m.                      60            5.8 m. (19.0 ft)      6.2 m. (20.5 ft.)
               2.6m.                      45           3.4 m. (11.2 ft.)      6.1 m. (20.0 ft.)
               2.6m.                      30           3.1 m. (10.2 ft.)      5.2 m. (17.0 ft.)
               2.8 m. (9.0 ft.)           90           7.3 m. (24.0 ft.)     5.8 m. (19.0 ft.))
               2.8 m.                     60           5.6 m. (18.5 ft.)      6.4 m. (21.0 ft.)
               2.8 m.                     45           3.1 m. (10.2 ft.)      6.1 m. (20.0 ft.)
               2.8 m.                     30           3.1 m. (10.2 ft.)      5.3 m. (17.5 ft.)
               2.9 m. (9.5 ft.)           90            7.0 m. (23.0 ft)      5.8 m. (19.0 ft)
               2.9 m.                     60           5.5 m. (18.0 ft.)      6.4 m. (21.0 ft.)
               2.9 m.                     45           3.1 m. (10.2 ft.)      6.1 m. (20.0 ft.)
               2.9 m.                     30           3.1 m. (10.2 ft.)      5.5 m. (18.0 ft.)
               3.1 m. (10.2 ft.)          90           6.7 m. (22.0 ft.)       5.8 m. (19.0 ft)
               3.1 m.                     60           5.2 m. (17.0 ft.)      6.7 m. (22.0 ft.)
               3.1 m.                     45           3.1 m. (10.2 ft.)     6.4 m. (21.0 ft. )
               3.1 m.                     30            2.9 m. (9.5 ft.)      5.6 m. (18.5 ft.)




Land Use Bylaw 3960/99                                                                            - 103 -
PART 9
GENERAL RULES                                                                      Town of High River




9.24.10    Parking stalls with direct vehicular access to a municipal lane shall not be permitted.
           Exceptions to this regulation may be considered, at the discretion of the Development
           Officer or the Municipal Planning Commission, if an additional

           (a)     1.5 m. (5 ft.) in length per affected stall is provided for 6 m. (19.7 ft.) lanes.

           (b)     2.7 m. (8.8 ft.) in length per affected stall is provided for 4.8 m. (16 ft.) lanes.

9.24.11    Parking stalls shall not have direct vehicular access to a municipal street or Highways
           2, 2A (Centre Street & 12th Ave. South), and 23 (12th Ave. South).

9.25       SEATING REQUIREMENTS FOR EATING ESTABLISHMENTS

9.25.1     Outdoor seating areas can be developed in conjunction with eating establishments in
           side, front or rear yards in districts in which "eating establishments" is listed as a
           permitted or discretionary use provided that:

           (a)     the development does not encroach upon a public sidewalk; and

           (b)     the development does not displace any existing parking.

9.25.2     Outdoor seating areas shall be designed, located and constructed to the Municipality's
           standards so that:

           (a)     the development can be properly maintained; and

           (b)     the development is satisfactory to the Development Officer and Municipal
                   Planning Commission in size, shape, location, grading, construction, design,
                   materials and appearance.

Land Use Bylaw 3960/99                                                                          - 104 -
PART 9
GENERAL RULES                                                                    Town of High River

9.26       RESIDENTIAL SALES CENTRES

9.26.1     Sites containing Residential Sales Centres shall be located and developed such that
           their impacts on local roadways and surrounding residential development are
           minimized. In deciding upon an application, the Development Officer shall take into
           consideration the scale of the Residential Sales Centre, its proximity to arterial or
           neighbourhood collector roadways, and to occupied residential development.

9.26.2     Where sites are located within 60 m. (196.9 ft.) of existing development, the
           applicant shall demonstrate to the satisfaction of the Development Officer, that
           sufficient parking is available on or adjacent to the site so that parking congestion
           will not develop on that portion of local streets serving existing development in the
           vicinity of the Residential Sales Centre.

9.26.3     The siting and development of Residential Sales Centre buildings shall comply with
           the regulations of the Land Use District applying to the site except that:

           (a)     the Development Officer may require additional setbacks to minimize any
                   adverse impacts adjacent development;

           (b)     in the case of a temporary structure, the height of the building including any
                   hoarding or false fronts shall not exceed one storey 4 m. (13.1 ft.); and

           (c)     all curb crossings and access points shall be to the satisfaction of the
                   Development Officer in consultation with the Municipal Engineer.

9.26.4     Where a site is located within a residential district or is visible from residential
           development located within 60 m. (196.9 ft.) of the site, the colour and material of
           the exterior finish of the temporary structure and hoardings or false fronts, excluding
           advertising copy, shall be compatible with those commonly found in residential
           districts.

9.26.5     All off-premises directional signage and on-premise advertising signage, including
           the display of advertising copy and super graphics on hoardings or false fronts used
           to enclose temporary structures, shall be in accordance with Section 9.14.6(b) of this
           Bylaw.

9.26.6     Any exterior lighting shall be located and arranged so that no direct rays of light are
           directed at any adjoining properties.

9.26.7     A development application for Residential Sales Centre shall be accompanied by the
           following information in addition to the information required by Section 4.3 of this
           Bylaw.



Land Use Bylaw 3960/99                                                                        - 105 -
PART 9
GENERAL RULES                                                                  Town of High River

           (a)     a context plan identifying the nature of the land uses and development within
                   a 60 m. (196.9 ft.) radius of the proposed site;

           (b)     a description of the exterior finish materials and colours for any temporary
                   sales structure including any proposed hoardings or false fronts;

           (c)     drawings showing the location, area, height, construction material, colour
                   and method of support for any proposed on-site identification and advertising
                   signs, including any advertising or super graphics that will be displayed on a
                   hoarding or false front.

9.27       LIQUOR STORES AND WINE/SPIRIT BOUTIQUES

9.27.1     The development of liquor stores and wine/spirit boutiques shall be in accordance
           with the Alberta Gaming and Liquor Act as well as any other applicable regulation.

9.27.2     The Development Authority may require that a traffic impact study be conducted for
           a liquor store or wine/spirit boutique as part of the development permit application if
           it appears that traffic volumes or vehicular turnover may create a significant impact
           on surrounding development.

9.27.3     A liquor store or wine/spirit boutique shall not be located closer than 150 metres (492
           ft.) to any public parks or public/private educational facilities at the time of the
           development permit application. For the purposes of this section, the following
           applies:

           a) The 150 metres (492 ft.) separation distance shall be measured from the closest
              point of the subject site boundary to the closest point of another site boundary.
           b) The term “public parks” is limited to park sites appropriately zoned as such and
              includes children’s playgrounds and play areas.
           c) The term “public/private educational facilities” is limited to elementary through
              to high schools. It does NOT include dance schools, driving schools or
              commercial schools.

9.27.4     Where a proposed liquor store or wine/spirit boutique is within 150 metres (492 ft.)
           radial distance of an existing similar use, any cumulative impacts of the facilities on
           existing development within the area must be considered by the Development
           Authority while evaluating the application. A 300 metres (984 ft.) minimum
           separation distance is to be preferred.

9.27.5     The Development Authority may consider Crime Prevention Through Environmental
           Design Criteria by requiring minimum safety standards regarding visibility, lighting,
           landscaping and parking.



Land Use Bylaw 3960/99                                                                     - 106 -
PART 9
GENERAL RULES                                                                Town of High River

9.27.6     Liquor stores or wine/spirit boutiques shall be of sufficient size to accommodate
           loading and manoeuvring within the site and any loading space or area used for
           loading should be oriented so as to minimize impacts on adjacent uses, including uses
           in the same site.                                                 Bylaw 4082/2004

9.28       SECONDARY SUITES (n.b. as per adoptive Bylaw 4239/2009, this new
           section was numbered 9.19; should have been 9.28).
           9.28.1 The number of secondary suites per single-family detached dwelling is limited
           to one (1) suite.
           9.28.2 The maximum gross floor area occupied by a secondary suite shall not
           Exceed 40% of the gross floor area of the principal dwelling.
           9.28.3 The minimum gross floor area of a secondary suite shall be not less than 30
           sq. m (323 sq. ft).
           9.28.4 A minimum of one (1) off-street parking space shall be provided for the
           exclusive use of the secondary suite.




Land Use Bylaw 3960/99                                                                    - 107 -

				
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