FAQ's
A Land Use Bylaw is a tool to help ensure that ongoing development in a community aligns with the community's overall vision and to ensure the safety and quality of life of the residents. Alberta's Municipal Government Act (MGA) requires all municipalities to have a Land Use Bylaw.
A Land Use Bylaw details how land can be used and what can be built on it. Amongst other things, the purpose of a Land Use Bylaw is to:
- divide the municipality into land use districts; prescribe and regulate the use(s) for each district;
- establish a method for making decisions on applications for development permits;
- provide how notice of the issuance of a development permit is to be given, and
- establish the number of dwelling units permitted on a parcel of land.
A Land Use Bylaw may also set standards for development and specific uses within the municipality. These standards regulate matters such as density/intensity, location and size of structures, landscaping, parking, signage, and the overall development quality.
1. PLANNING & DRAFT DOCUMENT
Council works with the Planner and Administration to draft the proposed changes for the potential Bylaw.
Bylaws require legal authority. Canadian municipalities lack constitutional status and can only enact laws authorized by higher levels of government. The Municipal Government Act (MGA) delegates this authority, often referenced in the "whereas" clauses at the beginning of bylaws.
Some bylaws are mandatory. For example, every municipality in Alberta must pass a Land Use Bylaw.
2. OPEN HOUSE
An Open House for proposed Land Use Bylaw 2000 was held on October 24, 2024, to present potential changes and gather feedback from the community and stakeholders.
The Open House was advertised multiple times through the Town's website, social media channels, the alerting system Voyent Alert, and the Macleod Gazette, beginning on October 9, 2024.
Land Use Bylaw Open House Notice
3. FIRST READING
The first reading of the proposed Land Use Bylaw No. 2000 occurred at the regular Council meeting on November 25, 2024.
First reading is a procedural step that introduces a potential bylaw for consideration. It does not necessarily indicate Council's support, as deliberations and amendments often occur between readings.
4. PUBLIC HEARING
For certain bylaws, such as Land Use Bylaws, municipalities are required to hold a Public Hearing after first reading but before second reading.
Following first reading, notifications of the Public Hearing were sent to potentially impacted landowners and shared with all residents via the Town's website, social media, Voyent Alert, and the Macleod Gazette. The Public Hearing for the proposed Land Use Bylaw 2000 opened at a regular Council meeting on December 9, 2024.
Notice of Public Hearing Proposed Land Use Bylaw 2000
At the meeting, Council heard from seven residents and decided to leave the Hearing open, calling for a continuance at a future Council meeting to allow for additional input and changes to the Bylaw.
***** 5. MORE INPUT ***** (WE ARE HERE)
December 17, 2024 @ 7:00 pm – Committee of the Whole Council Meeting
Council will discuss the feedback received during the Public Hearing and consider amendments to the proposed Bylaw at their Committee of the Whole meeting on December 17, 2024, at 7:00 pm. These meetings are open to the public for attendance and observation of Council deliberations. Meeting agendas are on the Town's website: Meeting Agendas and Minutes.
January 14, 2025 @ 7:00 pm – Question & Answer Session
The Town of Fort Macleod invites stakeholders and residents to a Question & Answer session on January 14, 2025, at 7:00 pm. This session provides an opportunity for further feedback on proposed updates to Land Use Bylaw No. 2000, the key document guiding how land is used and developed in our community.
6. CLOSURE OF PUBLIC HEARING SECOND & THIRD READINGS
After public participation concludes and stakeholder input is incorporated, the Public Hearing will be scheduled to continue and close.
Bylaws must pass three readings to become law. These readings ensure thorough consideration of the bylaw's implications:
-
Second Reading: Council debates the issue, makes amendments, and votes on whether they support the bylaw.
-
Third Reading: This final stage allows for additional debate and amendments before a last vote.
If a bylaw fails any readings, it is not passed and does not come into effect.
Council will schedule the second and third readings of the proposed Land Use Bylaw No. 2000 once they determine that all potential amendments and changes have been sufficiently reviewed and the Public Hearing has been closed.
To stay informed about changes or updates to the Land Use Bylaw, subscribe to our notification system Voyent Alert, visit our website, check the utility bill monthly newsletter, Town of Fort Macleod social media accounts, or pick up a copy of the Macleod Gazette regularly.
If you have any additional questions or need further assistance with our Land Use Bylaw, please don't hesitate to contact us. We are here to help you navigate the regulations and ensure responsible and sustainable development in our community.
Town Administration Office
GR Davis Administration Building
410 20th Street
Fort Macleod, AB T0L 0Z0
403-553-4425
admin@fortmacleod.com
Register for Voyent Alert
ADMINISTRATION
Outlines the development permit process and explains the roles of the Development Officer and Municipal Planning Commission.
1. LAND USE DISTRICTS MAP
Every lot is assigned a land use district, which is identified on this map. Land can be zoned through a LUB amendment approved by Council.
2. LAND USE DISTRICTS
Outlines the purpose of each land use district. Includes a list of permitted and discretionary uses and regulations to guide development.
3. GENERAL STANDARDS
Identifies rules that apply to all types of development, such as accessory buildings, fences, and parking requirements.
4. DESIGN STANDARDS
Identifies the rules that apply to the finishing details of a proposed development, including landscaping and lighting.
5. USE SPECIFIC STANDARDS
Identifies rules for specific uses that need more regulation, such as backyard suites, secondary suites and shipping containers.
6. OVERLAYS
Outlines additional requirements pertaining to a specific bounded location which can affect each land use district.
7. SIGNAGE
Defines the types of signs, which ones need development permits, and the rules that apply to different signs.
8. DEFINITIONS
Provides a definition for every use and for general terms that help with interpreting the LUB.
Every land use district has a list of permitted and discretionary uses. The new Land Use Bylaw also differentiates between Discretionary A and Discretionary B uses as outlined below.
| PERMITTED | DISCRETIONARY A | DISCRETIONARY B | |
| What does this term mean? | When meeting the rules of the LUB a permitted use is a permit in right meaning a development permit must be granted if it complies with the LUB. | This use is generally a good fit for the land use district. There may be cases where it does not work or additional conditions should be added to permit to manage land use impacts. | This use may or may not work based on the specific circumstances. More oversight is needed on the application and more conditions may be applied to manage land use impacts. |
| Who makes the decision on the development permit? | Development Officer | Development Officer | Municipal Planning Commission |
| Are neighbours sent a letter about the development? | No | Yes | Yes |
| Example from the Residential: R land use district | Single-unit Dwelling | Childcare Day Home | Secondary Suite |
Uses have been updated in the proposed new Land Use Bylaw in one of the following ways:
- Improving the definition to describe a use better
- Combining uses that have the same land use impacts to simplify development into broader categories
- Adding new uses to add a development opportunity that did not exist before
EXAMPLES
Example of a new use added to capture development opportunities:
DWELLING GROUP - Group means a cluster of detached housing consisting of multiple principal dwellings spatially articulated around a centralized amenity space on a single title.
Example of uses that have been combined into a new use:
GRAIN ELEVATOR & SEED CLEANING BULK FERTILIZER +
AQUAPONICS OR AQUACULTURE
= INDUSTRIAL AGRICULTURE
Industrial Agriculture means a development for industrial processing of agricultural products such as but not limited to aquaculture, bulk fertilizer, seed cleaning, or grain elevator. The use may include the retail sale of agriculture products.
Proposed Changes
AGRICULTURE (AG)
The Agriculture district has been split into two districts based on the Municipal Development Plan's (MDP) projected land use.
- Agriculture Residential Transitional (AG-RT): A-RT is proposed for those lands projected to be residential.
- Agriculture Business Transitional (AG-BT): A-BT is proposed for those lands projected to be commercial/industrial.
Agriculture Residential Transitional: AG-RT
- Purpose statement added ‘residential’ to clarify the intent
- Accessory buildings was added as a permitted use to allow for the construction of non-ag buildings like garages.
- Agricultural buildings and structures was added as a permitted use to clarify the fact these buildings are in place and facilitate future construction.
- Agricultural cropping and grazing was replaced with a definition for Agriculture which provides a broader scope for the use. No permit is required per Admin section 4.2(p).
- Alternative energy roof mounted solar provided as a permitted use where it was discretionary before.
- Shipping container exemption for properties that are greater than 10acres and that meet all criteria under Admin section 4.2 (h).
- Moved-in building added to facilitate the acquisition and development of buildings brought in from another site.
- Residential uses and development have not been altered from the prior bylaw.
Agriculture Business Transitional: AG-BT
- Purpose statement defined to clarify the intent as a commercial/industrial growth area when required.
- Similar list of uses as AG-RT except for the elimination of residential uses.
- New use added for ‘Construction staging area’
RESIDENTIAL MULTI-UNIT (R-MU)
The Residential Multi-unit (R-MU) district has been split into two districts based on density.
- Residential Multi-unit 1 district will be limited to 4 dwelling units.
- Residential Multi-unit 2 district will be required zoning for any density above 4 units where the lot size will also have to be greater than a 66x99' lot.
New Opportunities in Residential Areas
Short-Term Rental means a development of a dwelling unit operated by an owner-occupied residence as a temporary or short-term rental or lease accommodation unit, with or without compensation, occupied by a guest or guests for a period of less than 28 consecutive days and includes all vacation rentals of a dwelling unit. This use is more commonly known as Airbnb, Vrbo, Booking.com etc.
Short-Term Rental is determined to be a dwelling where an owner lives/resides (owner-occupied) in the dwelling as their primary residence and provides a short-term rental or lease situation in a portion of the residence. Short-Term Rental is prohibited in residential districts except where they are expressly listed as a permitted or discretionary use. Where an owner does not live/reside in the dwelling as their primary residence (non-owner occupied) but rents out the house or rooms as accommodation is prohibited.
Some General rules:
- The Development Authority may in its discretion, place any conditions it deems reasonable, on a development permit approved for Short-term Rentals to manage potential impacts to neighbors or ensure the use is operating within the regulations and standards of the bylaw.
- Short-term Rentals shall not interfere with the rights of other neighbours and residents and owners and renters must adhere to the requirements of the Town of Fort Macleod Community Standards Bylaw.
- As a recreational vehicle (camper trailer) is not a dwelling unit, they shall not be used as accommodation for the owner/operator other residents of the property or for the Short-term Rental guests.
See Schedule 5 Section 23 for the full set of regulations.
Secondary suites are already allowed in residential neighbourhoods in Fort Macleod. The new Land Use Bylaw adds two additional locations, as a development option in residential land use districts that can be pursued by landowners if desired.
What is a garden suite?
Garden suites are detached completely from the principal dwelling and are standalone structures constructed at grade.
How is a garden suite regulated?
- You can have either 1 secondary suite OR 1 backyard suite but not both
- An extra parking stalls must be provided
- A garden suite shall only be permitted on lots with laneways
- A garden suite shall not be developed on a lot until a principal dwelling has been erected on the same lot
- It must meet the height, setbacks, and maximum site coverage requirements in the land use district
Several other changes in the new Land Use Bylaw may affect residents and businesses in Fort Macleod. These updates have all been made to encourage more orderly development and/or streamline the development process.
By definition, when a container is used for any purpose other than transporting freight, it will be considered as a structure and must conform to the bylaw.
- Residentially this is use is a temporary use only.
- A permit exemption is proposed for containers within the Ag and Industrial districts where >10 acres in compliance all other requirements of the LUB.
See Schedule 5 Section 16 for more information.
Several other changes in the new Land Use Bylaw may affect residents and businesses in Fort Macleod. These updates have all been made to encourage more orderly development and/or streamline the development process.
- Currently all Alternative Energy uses are considered as one use
- It is proposed that wind and solar be separated and further that solar be separated into roof or wall mount and ground mount.
- Roof or wall mount solar panels are proposed as a permitted use except in the Commercial Central District.
See Schedule 5 Section 1 for more information.
Several other changes in the new Land Use Bylaw may affect residents and businesses in Fort Macleod. These updates have all been made to encourage more orderly development and/or streamline the development process.
- Currently electronic displays are part of the changeable content type of sign, but technology has improved these signs to the point that the displays can be programmed with a computer
- This bylaw proposes rules to regulate the brightness, the speed of change of each image and the appropriateness of location.
See Schedule 7 Section 4.3 for more information.
- If the use is located within 150m of residential use, park and recreation facilities, RVL or Public land use districts, all activity shall be fully contained within a building.
- The building or structure containing any sandblasting, welding, or fabrication operation shall be located no closer than 90.0 m to an adjacent residential dwelling.
See Schedule 5 Section 22 for more information.
- All ‘Natural resource extractive uses’ shall apply for zoning to Direct Control – DC.
- Prior to a decision being made, the proponent shall hold a public meeting (open house) to solicit the views of the public regarding the application for a natural resource extractive uses development.
See Schedule 5 Section 12 for more information.
- Data mining operations are an intensive use requiring scrutiny of its power needs and external impacts on adjoining uses.
- noise impact assessment is the key component to the review of this use and its locational appropriateness.
- It is listed as a Discretionary B use under the Heavy Industrial district.
See Schedule 5 Section 19 for more information.
- With the adoption of the National Building Code – Alberta Edition in 2019 the Z240 standard for manufactured homes was dropped and now only recognizes A277 as the standard for construction.
- The Residential Manufactured Home: R-MH district is proposing 5 year or newer units as permitted, 5-10 year units as Discretionary A and Older units as Discretionary B.
See Schedule 5 Section 9 for more information.
- The prior bylaw had 3 categories for parking which was inflexible for certain uses. The new bylaw proposes parking standards based on individual uses which will allow Council to adjust the standard for a single without affecting other uses.
- Barrier Free parking standards were update with the National Building Code– Alberta Edition and has been updated in the LUB to match.
See Schedule 2 Section 19 for more information.
- The impact of recreation and tourism in the province has continued its growth and has with it many development considerations. This new section provides guidance on what is expected in new campground applications for roads, servicing, amenities, emergency response plan, etc.
- All design work is to be put forward in the form of a concept plan or area structure plan.
See Schedule 5 Section 18 for more information.
- The applicant for a group home shall be required to meet and consult with all adjacent landowners in the vicinity of where the use is proposed and submit a summary of the consultation as part of the development permit application;
- The Development Authority may establish the maximum number of residents allowed in a group home facility on a case specific basis with attention given to the land use district in which the use is located and the type of facility seeking approval;
- Group homes are split into two categories: Group Home and Group Home, Limited
oGroup Home, Limited is restricted to a maximum of five clients and must have an alley to help serve the site
oGroup Home siting criteria includes:
(a) is located on a corner lot;
(b) shall have a rear lane;
(c) provide space for a loading area; and
(d) provide or be located adjacent to open space.
See Schedule 5 Section 4 for more information.
- The development setback distance from any valley edge and its sufficiency, including any specific building requirements, shall be confirmed by a geotechnical report or other acceptable soils analysis prepared by an engineer qualified in the field of soils analysis, submitted prior to issuance of a decision on the development permit application.
- Notwithstanding that a use of land may be permitted or discretionary in a land use district, where in the opinion of the Development Authority there is a potential risk for flooding, the Development Authority may require any conditions as deemed appropriate on a development permit approval.
See Schedule 2 Section 20 for more information.
