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I'm in Town - So What?

Below is a list of some of the ways that this proposed Land Use Bylaw will impact "Residential" lots in Thorhild County. These are lots in the hamlets of Thorhild, Long Lake, Newbrook, Abee, Egremont, Opal, and Radway. If you haven't yet, check out the Impact on Everybody page - you will notice some overlap between sections.

Full disclosure: this is not a comprehensive list of all of the ways this will impact everyone in this county. We are a small group of people who also have families, farms, and jobs to keep us busy throughout the days and evenings. Let us know if you see something we forgot or haven't gotten to yet!

Retroactive non-compliance

Section 1.4, page 2

If your development has a permit and was conforming or did not require a permit before this new Bylaw is enacted BUT is now not conforming with Bylaw standards or needs a permit, it is NOT grandfathered in (like the Provincial Municipal Government Act says it should be) and requires permits and/or adjustments and is subject to enforcement.

Enforcement

Part 7, pages 91-94

The development authority may stop use and construction of land or buildings, demolish, remove, or replace any structure that contravenes this Bylaw after providing 48 hours notice to enter the property. Appropriate forms of communication include notices that are provided personally, mailed by regular mail to the last known address, or left at the property with an agent or employee of the owner. Each day following the receipt of a ticket is considered a separate offence. Each offence will be NO LESS than $125 plus court costs.

Subjective Language

Entire Bylaw

There are over 100 examples of requirements are "to the satisfaction of," "in the opinion of," or "to the discretion of," the Development Authority -and other similar phrases- throughout the whole Bylaw where there are no guidelines or framework to what that opinion, satisfaction, or discretion may be. This could include "unsightly" colours or designs.

Fencing

Section 9.4, pages 106-107

  • Fence height maximum measurements (including and berms or structures the fence is built on and any privacy fencing/screening) for side and rear portions is 6.5 feet (2.0m) and front yard height is 3.3 feet (1.0m)

  • Privacy screening built on a deck may not exceed 6.5ft (2m) on side and rear yards and 3.3ft (1m) on front yards

Outbuildings and Storage

Scion 10.7, pages 174-176

  • There must be 7.9 feet minimum between a principle building and any accessory buildings

  • Maximum four 40-foot shipping containers, or eight 20-foot containers

Signage

Section 9.10, page 118

  • You cannot erect, relocate, or alter a sign without an approved permit. This could include business signs and family name signs/ rocks/ placards at the end of your driveway.

  • Quality and appearance of the sign is to be "to the satisfaction" of the development authority - meaning, if they don't like it, you have to remove it.

Dwellings, Lots, and Yards

Section 2.2.3, page 14-16

Section 9.5, page 108

Section 10.2.1, page 138

Section 9.2, page105

  • All buildings, house included, are only allowed to cover a maximum of 40% of the lot. Accessory buildings are limited to 15%

  • Height restriction of 10m (32.8ft) for all buildings. Accessory buildings are limited to 6m (19.7ft) in height.

  • No unsightly objects or uses in yards (again, in the opinion of the Development Authority)

  • Parking stalls are allowed in the front yard only - at the discretion (again) of the Development Authority. No back yard parking stalls.

Open Water

Section 9.8.3 (f), page 112

Any water deeper than 1.9 feet is required to be fenced off and requires a development permit. While this may seem ridiculous, the language is clear that this applies to any water and this could include your rain barrel(s)!

Landscaping

Section 9.8, pages 110-112

  • All landscaping requires permitting

  • Landscaping must be completed within one year of occupancy or the start of operation of the development

  • Acceptable front yard landscaping includes vegetable gardens, rock gardens, manicured lawns, ornamental plants, xeriscapes (little to no water required), BUT fruit trees are not permitted

  • Residential uses must have 1 tree, 3 shrubs

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