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Land Use Bylaw

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Land Use Bylaw Land Use Bylaw September 2013 BYLAW 16.13 How to Use the Yellowhead County Land Use Bylaw The following is intended for information purposes only and does not form part of the Yellowhead County Land Use Bylaw. The Yellowhead County Land Use Bylaw establishes regulations for the use of land and buildings in Yellowhead County. Regulations differ depending on the location and type of development contemplated. Land Use District Maps provide direction for development and use of land on specific parcels throughout the County. The Land Use Bylaw also includes general regulations which apply to some or all development. It is important when reviewing the Land Use Bylaw to consider both the general and specific regulations that may apply to your property. The Land Use Bylaw reflects County regulation only – other bylaws, regulations and Acts of the County, province and federal government must also be observed. Where possible, the Land Use Bylaw attempts to outline these other requirements. This is not to say, that the Land Use Bylaw contains an exhaustive list; instead, it is up to each individual to ensure that the laws of each level of government governing the use of land and development are observed. When using the Land Use Bylaw, it is suggested that the user follow these steps: 1. Locate the subject property on the Land Use District Maps. Note the district title that applies to the property. 2. Cross check with the Table of Contents in the Land Use Bylaw to determine the location of the specific Land Use District. The Land Use Districts are included in PART FOURTEEN. Each Land Use District includes a list of permitted and discretionary uses, subdivision and development regulations and other specific regulations as necessary. These regulations are used to determine the use of land and the types of development that can occur in each Land Use District. 3. Review the General Regulations included in this bylaw to determine if there are any general regulations that may apply to the subject property or development. General regulations address issues such as parking, on-site and off-site servicing requirements, signs, etc. may apply to all developments but are not generally listed in each land use district. 4. Review the Special Land Use Provisions included in this bylaw to determine if there are provisions that may apply to your development. The Special Land Use Provisions address issues such as accessory buildings, home occupations, kennels, and tourist accommodations. 5. Discuss your proposed land use or development with staff from Yellowhead County’s Planning and Development Department. The County’s Development Officers are pleased to explain the process and to assist you with specific issues. The Development Officers may also assist you with other Land Use Bylaw situations such as enforcement of County regulations. If you require assistance with the regulations or processes contained in the Land Use Bylaw, please call or visit Yellowhead County’s Planning and Development Department. The official version of the Land Use Bylaw and amendments is located at the County’s offices. This version of the Land Use Bylaw should be consulted in all cases where an officially certified version of the Bylaw is required. Yellowhead County Land Use Bylaw Table of Contents PART ONE – ADMINISTRATION ................................................................................................ 1 SECTION 1 TITLE ............................................................................................................... 1 SECTION 2 PURPOSE ....................................................................................................... 1 SECTION 3 PREVIOUS BYLAW ........................................................................................ 1 SECTION 4 EFFECT AND APPLICATION OF THIS BYLAW ............................................ 1 SECTION 5 COMPLIANCE WITH OTHER LEGISLATION ................................................ 1 SECTION 6 UNITS OF MEASUREMENT ........................................................................... 1 SECTION 7 SEVERABILITY ............................................................................................... 2 PART TWO – INTERPRETATION ............................................................................................... 3 SECTION 8 RULES OF INTERPRETATION ...................................................................... 3 SECTION 9 LAND USE DISTRICT BOUNDARIES ............................................................ 3 SECTION 10 DEFINITIONS .................................................................................................. 4 PART THREE – AUTHORITIES ................................................................................................. 26 SECTION 11 DEVELOPMENT AUTHORITY ...................................................................... 26 SECTION 12 SUBDIVISION AUTHORITY .......................................................................... 26 SECTION 13 SUBDIVISION AND DEVELOPMENT APPEAL BOARD .............................. 26 PART FOUR - PROCEDURES .................................................................................................. 27 SECTION 14 CONTROL OF DEVELOPMENT ................................................................... 27 SECTION 15 WHERE A PERMIT IS NOT REQUIRED ...................................................... 27 SECTION 16 NON-CONFORMING BUILDINGS AND USES ............................................. 30 SECTION 17 APPLICIATION FOR DEVELOPMENT PERMIT .......................................... 30 SECTION 18 REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS ....................... 32 SECTION 19 DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS....................... 32 SECTION 20 DEVELOPMENT PERMIT CONDITIONS ..................................................... 33 SECTION 21 NOTIFICATION OF DEVELOPMENT PERMITS .......................................... 34 SECTION 22 DEVELOPMENT PERMIT APPEAL PROCESS ........................................... 34 SECTION 23 VALIDITY OF DEVELOPMENT PERMITS ................................................... 36 SECTION 24 DEVELOPMENT PERMIT STANDSTILL PROVISION ................................. 37 SECTION 25 POWERS OF VARIANCE ............................................................................. 37 SECTION 26 LETTER OF COMPLIANCE .......................................................................... 38 SECTION 27 APPLICATION FOR SUBDIVISION .............................................................. 39 SECTION 28 DECISIONS ON SUBDIVISION APPLICATIONS ......................................... 40 SECTION 29 SUBDIVISION APPLICATION APPEAL PROCESS ..................................... 41 i SECTION 30 COURT OF APPEAL ..................................................................................... 42 SECTION 31 SUBDIVISION APPLICATION STANDSTILL PROVISION ........................... 42 PART FIVE - AMENDMENT ....................................................................................................... 43 SECTION 32 PURPOSE ..................................................................................................... 43 SECTION 33 APPLICATIONS TO AMEND THE LAND USE BYLAW ................................ 43 SECTION 34 REVIEW PROCESS ...................................................................................... 44 SECTION 35 NOTIFICATION OF PUBLIC HEARING ........................................................ 44 SECTION 36 AMENDMENT REVIEW BY COUNCIL ........................................................ 44 SECTION 37 LAND USE BYLAW AMENDMENT STANDSTILL PROVISION ................... 45 PART SIX – ENFORCEMENT .................................................................................................... 46 SECTION 38 GENERAL REGULATIONS ........................................................................... 46 SECTION 39 RIGHT OF ENTRY ........................................................................................ 46 SECTION 40 WARNING NOTICE ....................................................................................... 46 SECTION 41 OFFENCES AND FINES ............................................................................... 46 SECTION 42 STOP ORDERS ............................................................................................ 46 SECTION 43 APPEAL OF STOP ORDERS ....................................................................... 47 SECTION 44 ENFORCEMENT OF STOP ORDERS .......................................................... 47 PART SEVEN - GENERAL REGULATIONS: ADMINISTRATION ............................................ 48 SECTION 45 GENERAL PROVISIONS .............................................................................. 48 SECTION 46 DESIGNATED HAMLETS ............................................................................. 48 SECTION 47 DIRECT CONTROL DISTRICTS ................................................................... 48 PART EIGHT – GENERAL REGULATIONS: DEVELOPMENT ................................................ 50 SECTION 48 CORNER AND DOUBLE FRONTING SITES ............................................... 50 SECTION 49 SIGHT TRIANGLE ......................................................................................... 50 SECTION 50 DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND STRUCTURES .............................................................................................. 50 SECTION 51 MANUFACTURED HOME RULES AND REGULATIONS ...........................
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