Land Use Bylaw Review

Article #4 - Miscellaneous Proposed Changes

Upon completion of the Land Use Bylaw review, there are some sections that have been updated in addition to those that were already discussed in the previous articles, including:

• Alternative/Renewable Energy Developments
• Telecommunication, Radiocommunications and Broadcast Antenna Systems and Supporting Structures Siting Protocol
• Land Use District Maps (i.e. zoning of properties)
• General minor text amendments

The following changes/updates are being proposed:

Alternative/Renewable Energy Developments

• Updated sections to reflect that solar developments that are on the roof or walls of an existing. building do not require a development permit (they would still require the appropriate building and electrical permits).
• Added enhanced language for solar collector facilities (commercial scale) to address impact to County roads.
• Added enhanced language for solar collector facilities (commercial scale) to address weed control and soil erosion control measures.
• Removed the different categories of Wind Energy Conversion Systems, so there will only be individual (personal) and commercial scale types of Wind Energy Conversion Systems.
• Added enhanced language for Wind Energy Conversion Systems to address the impact to County roads.
• Added enhanced language for Wind Energy Conversion Systems to address weed control and soil erosion control measures.
• Reduced the setback for Wind Energy Conversion Systems to the total height of the tower. The current bylaw had the total height of the tower plus 10%.
• Minor text amendments were included for clarification.

Telecommunication, Radiocommunications and Broadcast Antenna Systems and Supporting Structures Siting Protocol

• Updated the language of what antenna structures can be excluded from siting protocol to align with Industry Canada to clarify those structures that require a municipal development permit and those that will not.

Land Use Map

• Updated the mapping to reflect the amalgamation of the Rural Urban Fringe District and Lethbridge Urban Fringe District into one new Urban Fringe District.
• Updated the mapping to reflect changes made to the Urban Fringe District as a result of the Lethbridge County and Village of Barons Intermunicipal Development Plan and the Lethbridge County and Town of Coaldale Intermunicipal Development Plan.
• Updated the mapping to rezone lands currently under the Hamlet Manufactured Home (HMH) District (which will be eliminated) to Hamlet Residential (HR) which allows for manufactured homes as a use.

Minor text amendments

• Minor text and wording amendments through out the Land Use Bylaw to provide clarity.
• Updated the relevant agency names.

Article #3: Proposed Changes to Subdivision Criteria

In addition to looking at land uses on a property, and the regulations and standards around those uses, the Land Use Bylaw also addresses subdivisions in the County.

Subdivision means the division or splitting of a parcel of land into multiple (2 or more) titles.

The County’s subdivision criteria looks at what properties can be subdivided and how a particular property can be subdivided. Different land use districts have different subdivision criteria. For instance, a parcel of land in the Rural Agricultural Land Use District has different subdivision criteria than a parcel that is zoned Grouped County Residential or Hamlet Residential.

Current Subdivision Criteria:

Some of the current subdivision criteria include:

• In the Rural Agricultural and Urban Fringe Districts an intact quarter section (160 acres) of land can be divided/split one time: either into two 80-acre parcels or by taking out an existing farmyard. Vacant parcels are allowed up to a maximum of 1.2 ha (3 acres) in size.
• In rural areas of the County that require a private septic system (wastewater treatment), the minimum parcel size is 0.8 hectares (2 acres).
• In most of the urban areas of the County (hamlets), the minimum parcel size is 464.5 square metres (5000 ft²) because there is a municipal wastewater system in place to take away and treat any wastewater.
• Any subdivision must meet the Minimum Distance Separation to a Confined Feeding Operation.
• In rural areas where there are more than three contiguous residential parcels being created, the land must be rezoned to an appropriate land use district, such as Grouped Country Residential.
• All parcels must have both physical and legal access to a county or provincial road.
• There are also suitability considerations when considering a subdivision, including the presence of steep slopes, flood prone land, wetlands etc.
• For all existing subdivision criteria, please refer to Part 7 of the current Land Use Bylaw.

Proposed Changes

After a review of the subdivision criteria, a few changes are proposed:

• Clarification on policy 1(10) to address subdivided parcels more clearly.
• Allow for a parcel to be subdivided if it meets the Minimum Distance Separation to a Confined Feeding Operation. Currently a parcel cannot be subdivided at all if the parcel contains a confined feeding operation - even if the proposed subdivision would meet the Minimum Distance Separation.
• Remove Section 9 (Horticultural Use), which is covered in the new policy for Non-Residential Uses.
• Revise Section 10 (Industrial/Commercial Uses) to address subdivision of parcels for those designated in one of the commercial or industrial land use districts.
• Add a new section, Non-Residential Uses, to address subdivisions in the rural and urban fringe districts that may be non-residential in nature (i.e. horticulture, nursery, kennel, minor recreation)

Article #2: Proposed Changes to Land Use Districts

As we continue our weekly articles on proposed changes and revisions to the Land Use Bylaw, we will take a look at Land Use Districts:

What Are Land Use Districts in Lethbridge County?

The Lethbridge County Land Use Bylaw includes a section on Land Use District that describes what uses are allowed (either as permitted or discretionary uses) or prohibited in each. Over time different uses are created and existing uses change. For the Land Use Bylaw to remain relevant, it must address those changes to reflect current trends and the goals and objectives of the County.

Permitted Use: uses for which a development permit shall be issued with or without conditions by the Development Authority upon application having been made to the Development Authority if the proposed use conforms to the Land Use Bylaw.

Discretionary Use: uses for which a development permit may be issued with or without conditions by the Development Authority at its discretion upon application having been made to the development authority if the proposed use conforms with the Land Use Bylaw.

Each land use district also includes standards of development (i.e. setbacks, size, and height requirements) that ensure there is consistency in development throughout a specific land use district and that development is compatible with adjacent landowners. It is proposed that some standards be changed to reflect current trends and the needs of county residents and landowners.

Land Use District Review

A review of the land use districts was completed, and some changes are proposed including:

• Combining the Lethbridge Urban Fringe and Rural Urban Fringe District into one Urban Fringe District
• Removing the Hamlet Manufactured Home District which is currently only in place in the Hamlet of Monarch
• Removing the Rural Heavy Industrial District which has never been applied to any parcel within the County. The uses that are specific to this district can be relocated as a discretionary use in the Rural General Industrial District
• Rural Recreation District
  1. Move the following uses from discretionary to permitted uses:
     • Club house
     • Boat docks
     • Marinas
     • Recreation minor
     • Retail (associated with a permitted use)
     • Riding academies/equestrian facilities
  2. Add residences as a permitted use (singular residence only)
  3. Add additional/multiple residences as a discretionary use
• Rural Agricultural District
  1. Add Abattoir as a discretionary use
  2. Add Short Term Rentals as a discretionary use
  3. Add Cryptocurrency as a discretionary use
• Grouped Country Residential District
  1. Add shipping containers as a discretionary use
• Business Light Industrial District
  1. Add Farmer’s Markets as a discretionary use
• Hamlet Residential District
  1. Remove Garden Suites

Other Proposed Changes:

• Include industrial developments to the definition of mixed-use developments. This would address parcels that have multiple industrial land uses.
• Include language regarding stand-alone personal workshops to clarify that this use is specific to parcels where there is not a residence on the property within the Urban Fringe and Agricultural Districts.
• Include conditions for Solar Collector Facilities (i.e. Solar Farms) that address soil erosion and weed control.

Changes to Development and Use Standards:

The following changes are proposed to the section on Development and Use Standards:

Grouped Country Residential District:

• Increase the size of accessory buildings (the total size for all accessory buildings on a parcel) on parcel:
  1. less than 0.8 hectares (2 acres) from 167.22 m2 (1800sq.ft.) to 222.96 m2 (2400 sq.ft.)
  2. more than 0.8 hectares (2 acres) from 278.7m2 (3000 sq.ft.) to 371.61 m2 (4000 sq.ft.)
• Increase the height of accessory buildings from 6.1 meter (20 feet) to 8.54 metres (28 feet).

Hamlet Residential District:

• Increase the height of accessory buildings to 5.49 meters (18 feet).

All Land Use Districts:

• Remove the specific setback to irrigation canals (in the current Land Use Bylaw the setback is 30.48 metres (100 feet)), the proposed setback would be the standard setback of 6.1 meters (20 feet) to a side or rear property line.

Signage

• Allow for signage to be within the development setback to a road or property line.

Allow for up to 5 fascia signs on a building within a commercial or industrially zoned property.

Home Occupations:

• Expanding Home Occupation Criteria to allow for larger home-based businesses within County:

Existing Home Occupation Standards:

Proposed Home Occupation Standards:

Click to view more details:

• Urban Fringe Districts (Current & Proposed)
• Proposed Rural General industrial District

Article #1: General Changes to the Land Use Bylaw

What are “General Changes”?

General changes impact the administrative section of the Land Use Bylaw, which includes:

• Who can approve developments in the County
• General rules for development within the County (i.e. site suitability, brownfield developments, minimum distance separations)
• Rules and procedures for development permit applications (i.e. information requirements on an application, processing requirements, applications for similar uses or a change of use and notifications)
• Rules around the validity of a permit
• Rules on the appeal process
• Bylaw enforcement
• Rules on amending the Land Use Bylaw (i.e. rezoning) and subdivisions

What General Changes are proposed in the Land Use Bylaw?

The following changes are being proposed, with most aiming to clarify existing guidelines, streamline the development process or allow for more time for permit holders to complete development:

1. Removing the “developments not requiring a permit” section and adding it as its own distinct section of the Land Use Bylaw. This will make it easier for users to find what developments do or do not require a permit.
2. Removing the requirement for solar collectors mounted on roofs or walls to have a development permit. This change will streamline the process for residents and businesses looking to install solar panels on their home or business.
3. Relocating the section on the number of dwellings allowed on a parcel to be included with each individual land use district. This will provide clarity within each district on the number of dwellings that are permitted.
4. Aligning language to provincial requirements with regard to incomplete applications.
5. Adding a section to clarify requirements when applying for a development that is a change of use (i.e. where no new building is being constructed)
6. Expanding the validity period of a development permit from 12 months to 24 months. This would apply to most of the development permits within the County, as we recognize that developments are taking longer for permit holders to complete.
7. Expanding the validity period of a development permit for large-scale industrial and commercial renewable energy projects from 12 months to 48 months. This would apply to a small number of development permits but allows industry and renewable energy projects more time to complete without having to reapply for a new development permit.
8. Adding a new section outlining the process for withdrawing a development permit. The c Land Use Bylaw does not currently have a process for withdrawal and there is a lack of clarity on how a permit holder can do so.
9. Adding a new section for some variances (i.e. changes) to an issued development permit. This would allow for minor siting changes without requiring a new development permit application.

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