Land Use Bylaw
The Land Use Bylaw (LUB) is a regulatory document that governs what may occur on a piece of property depending on that property's zoning.
Hard copies of the Land Use Bylaw 60/2014 are available upon request for $30
LAND USE BYLAW AMENDMENTS
Foothills County Council held a meeting on June 2, 2021 to consider draft amendments to the Land Use Bylaw. To view more details or to watch the public hearing, please click here, scroll down to 'PAST COUNCIL MEETINGS' and look for the June 2, 2021 Livestream link.
WHAT IS CHANGING?
The proposed amendments include provisions such as:
- Multiple Potential Use and Tenancy Change (Change in Use or Intensity) Permits.
- New provisions for Multiple Potential Use Permit and Tenancy Change (Change in Use or Intensity) Permits in Commercial, Industrial or Agriculture Business land use districts;
- New application fee for Tenancy Change (Change in Use or Intensity) Permit.
- New Building Inspection fee for Change in Use or Intensity Permit.
- Abattoirs - Inclusion of new definitions and provisions pertaining to Abattoirs.
- Home Based Businesses changes– a new home based business category and changes to current provisions and permit requirements;
- Amendments to existing provisions that allow for:
- Development Permits for dwellings, accessory buildings, and lot grading under Direct Control District land uses;
- Increased maximum sq. ft. allowance for private garages on Agricultural parcels in addition to the accessory building allowances with no Development permit;
- Additional provisions on condominium development;
- New provisions on compliance as they pertain to older development in Foothills County and the Hamlets of Blackie and Cayley;
- Minor amendments to front yard setbacks in Hamlet Residential and Multi-Family Residential land use districts;
- Amendments to the Land Use Bylaw to align with recent 2020 Municipal Government Act amendments;
- Amendments providing for clarification, correction, and consistency.
We have prepared a full chart of suggested land use bylaw amendments as well as some information on topic-specific frequently asked questions (FAQs) for your information. The complete list of draft amendments can be viewed by clinking on the following link: Draft Land Use Bylaw Amendments. Additional information on specific topics can be found by clicking on the highlighted topics below:
Additional Specific Information Pertaining to the Above Listed Amendments:
The County is proposing Land Use Bylaw amendments to support business by reducing the requirements for development permits for new businesses in already developed commercial or industrial buildings through creation of Multiple Potential Use Development Permits and Change in Use or Intensity Permits.
Issuance of these permits may be applied for within Commercial, Industrial, or Agricultural Business land use districts. Multiple Potential Use Development Permits are not intended under Direct Control Districts where there is avenue for appeal.
THE FOLLOWING NEW DEFINITIONS ARE PROPOSED:
CHANGE IN USE OR INTENSITY PERMIT: A permit that may be obtained in a Commercial, Industrial or Agricultural Business Land Use District to allow a business or use to be established in an existing building where there is a compliant Multiple Potential Use Development Permit in place, and the proposed business or use complies with that development permit. The Change of Use or Intensity permit will be required when the initial use is being established and when a change in use or change in intensity of use is applied for within a site, a building, or portion of a building, in accordance with an approved Multiple Potential Use Development Permit.
MULTIPLE POTENTIAL USE DEVELOPMENT PERMIT: A development permit that may be approved in Commercial, Industrial or Agricultural Business Land Use Districts which contemplates a number of potential future uses and allows for future occupants/tenants to occupy the development and operate a business with a Change in Use or Intensity Permit rather than a development permit if the use proposed is contemplated under the Multiple Potential Use Development Permit and provisions under Section 9.30 of the Land Use Bylaw are met.
SECTION 5.10 – EXPIRY OF DEVELOPMENT PERMITS
The following sub-section is added to 5.10.1 (Section 5.10.1 d.) providing for a longer period where none of the uses are occurring before the Multiple Potential Use Development Permit is deemed null and void as follows:
5.10.1 d. - Not withstanding section c. in the case of a Multiple Potential Use Development Permit in Commercial, Industrial or Agricultural Business Land Use Districts, the development permit will be not be considered null and void unless the use is abandoned for a period of 18 months or more.
SECTION 9 -GENERAL REGULATIONS
The following new Section 9.30 Multiple Potential Use Development Permits and Change in Use or Intensity Permits is added as follows:
9.30.1 - A development permit application may be made for multiple potential uses in Commercial, Industrial or Agricultural Business Land Use Districts as follows:
A new building(s) that may contain multiple potential future uses,
A new building(s) with multiple bays, some, or all of which may contain multiple potential future uses,
Multiple potential uses in an existing approved building(s) or portion of an existing approved building(s).
9.30.2 - A development permit application for multiple potential uses may contemplate uses that are listed as permitted or discretionary in the applicable land use district, or may contemplate both permitted and discretionary uses.
9.30.3 - A development permit application for multiple potential uses must be accompanied by the same information as applications for specific uses as per Sections 4.3 and 4.4 of this bylaw.
9.30.5 - For the purposes of Section 5.10.1.d. of this bylaw regarding the expiry of a development permit, the development would be considered abandoned if none of the approved uses are being carried out for a period of eighteen months.
9.30.6 - Where there is an approved Multiple Potential Use Development Permit that is in compliance, an application may be considered for a Change in Use or Intensity Permit for a use identified in the existing development permit rather than making an application for a new development permit only where:
- All conditions of the existing development permit have been met,
- The proposed use is listed as a potential use under the existing development permit,
- No variances to the existing development permit or the Land Use Bylaw would be required,
- All applicable building and safety codes permits have been closed.
9.30.7 - An application for a Change in Use or Intensity Permit shall be accompanied by the following:
- A completed Change in Use or Intensity Permit application form;
- The requisite Change in Use or Intensity Permit application fee and Safety Codes inspection fee as outlined in the Fee Bylaw as may be amended from time to time;
- A declaration that the proposed use complies with all conditions of the existing development permit; and
- A description of the proposed use, with sufficient detail that a development officer can verify that the use is in compliance with the existing Multiple Potential Use Development Permit.
- An application for a Foothills County business license.
9.30.8 - A Change of Use or Intensity Permit shall not be issued until the property, the building or portion of the property or building that will house the proposed use has:
- Passed a Safety Codes Inspection to the satisfaction of the Safety Codes Officer; and
- Passed a Fire Inspection to the satisfaction of Foothills Fire Department.
9.30.9 - If alterations to the building are contemplated to accommodate a new use or increased intensity of use or are required as a result of the Safety Codes Inspection or Fire Inspection, appropriate permits (building, gas, plumbing, electrical) shall be obtained and a Change in Use or Intensity Permit shall not be issued until construction is complete and all permits are closed.
To view the full list of draft amendments pertaining to Multiple Potential Use Development Permits and Change in Use or Intensity Permits, please click here
Frequently asked questions (FAQs)
WHAT CHANGES ARE PROPOSED FOR ABATTOIRS?
Currently, we have limited provisions under our Land Use Bylaw that pertain to the operation of Abattoirs in Foothills County. We currently have a very general definition for Abattoir as a premise where livestock is slaughtered and the meat is cut, cured, smoked, aged, wrapped, or frozen for distribution.
The County is proposing land use bylaw amendments which expand on Abattoirs by:
- Supporting three newly defined classifications of Abattoirs:
- Allowing for Abattoir, Personal Use, where it is accessory to the principle use on site and where livestock and/or backyard hens are permitted (dependent on parcel size and land use district) without the need for a development permit, provided all other provision of the land use bylaw are adhered to (i.e., Number of animal units permitted on site);
- Including provisions regarding when a development permit is required; and
- Outlining some parameters for developing an abattoir on your property.
HOME BASED BUSINESSES
Frequently Asked Questions (FAQs)
WHAT CHANGES ARE PROPOSED FOR HOME BASED BUSINESSES?
- The County is proposing amendments to support a broader range of home based businesses on non-commercial or non-industrial properties;
- The Home bases businesses classifications have been restructured by:
- Adding a new category of home based business, Home Based Business Type 1, that allows for a smooth transition between home office and home based busines;
- Allowing Home Based Business Type 1 under a large number of land use districts as a permitted use without the requirement for a Development Permit;
- Increasing the number of employees and business visits allowed on site under the larger scale home based businesses;
- Adding Home based business as a new use to some additional land use districts where they were previously required to rezone to Direct Control District #27 to apply for development approval;
- Adding provisions for clarification;