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Amending the Land Use Bylaw

The Town of Rocky Mountain House Municipal Development Plan and Land Use Bylaw guide long-range growth and development in Town. These documents establish how Rocky Mountain House grows, what development looks like, and how to best support the daily needs of residents, visitors, and businesses alike.

A Land Use Bylaw is a legal visioning document created by a municipal government that regulates how land can be used and developed within the municipality. It is a crucial tool for turning a community’s vision into a reality, by helping to manage land-use conflicts and promoting orderly development. 

Council is considering several amendments to the Land Use Bylaw, with a focus on reducing development red tape and provide clarification to residents and developers. 

Council considered the proposed changes during its May 13, June 10 and July 2 meetings. 

First reading of the bylaw passed on July 15, and Council must now hold a Public Hearing.

Public Hearing for a bylaw to amend the Town of Rocky Mountain House Land Use Bylaw
WHEN: Tuesday, August 19, 2025 at 9:00 a.m.WHERE: Council Chambers at the Town Office (Main Floor), 5116 50th Avenue
View the Notice of Public Hearing or Download Notice as a PDF.


You can view all proposed changes highlighted in red in this document [opens in a new window]. These are also outlined below:

View all proposed changes highlighted in red in this document [opens in a new window]

General
Throughout the document minor changes were made to grammar and/or formatting.
Title Page
Reference is made to the new Bylaw 2025/06, amending Land Use Bylaw 2020/19.
Contents Page
Section 3.35, was amended to accommodate reference to “Portable Storage Unit”, instead of “Sea Cans”.
Section 3.39, Data Processing Centres, was added.
Section 10.4, was amended to accommodate the change from ‘Subdivision and Development Appeal Board’ to ‘Appeal Board or Tribunal’.
Section 1
Subsection 1.3.4, adding that a person is required to also comply with any ‘easement, covenant, agreement or contract affecting development’, in addition to all federal, provincial and municipal legislation.
Section 3.2.2(7)
Removed the reference to Low Density, to allow for any residential parcel that is over 700.0 m2 (7,535 ft2) in size, to construct an accessory building up to $1,184 ft2. The accessory building cannot exceed the total area of the principal building.
Section 3.2.2(9)
Reference to “Soft-Sided Building” was added to the reference of “Accessory Building”, regarding not allowing a “soft-sided” accessory building in a residential district. For more information, see General Definitions.
Section 3.2.3(2)
Adding a section under non-residential districts, to allow for Monuments at the discretion of the Development Authority and adding regulations for same (a-f).
Section 3.4.3
Clarification was provided, for Soft-Sided buildings in the Highway Commercial District, allowing for a maximum period of thirty (30) days, while also providing clarity for the exception for Seasonal Greenhouses from the regulations.
Section 3.4.4
Clarification was provided, that Soft-Sided buildings in the Core Commercial Mixed Use District, are not allowed, except for Seasonal Greenhouses.
Section 3.5.3
Changes to Projections – adding uncovered decks & solar energy devices to sideyard projections, changing “enclosed deck” to “uncovered decks” to front and rear yard projections, as well as adding solar energy device to rear yard projection.
Reasoning: Once a deck is enclosed, it is treated as an addition and must meet the setback requirements of the principal. Solar panels should be allowed on the wall of a building and subsequently should be allowed to project as applicable. Safety Codes Officer was consulted in projection allowances.
Section 3.12
Landscaping Rules in Non-Residential Districts:
Further to Council’s feedback, an objective-based approach has been proposed.
This section was re-written with the intention of placing more control in the hands of the developer, while maintaining the Town’s objectives that include:
  • Screening or transitional landscaping;
  • Environmental Stewardship;
  • Safety and Maintainability; and
  • Compatibility with the neighbourhood and natural environment.
Other items addressed changes to ensure that all parts of a parcel not covered by buildings, driveways, parking areas, pedestrian facilities, storage, display areas, shall be seeded to grass, xeriscaped or left with natural grass/vegetative cover, to the satisfaction of the Development Authority;
  • that topsoil is sufficient to support growth of trees, shrubs and grass;
  • boulevard to be landscaped unless hard surfaced; 
  • landscaping to be completed within one (1) year pf completion of construction or commencement of use; and
  • that owner is responsible to maintain landscaping in accordance to the approved development permit and bylaws.
Securities for landscaping were removed as assurance for compliance can be done through enforcement.
Objective-based landscaping focuses on balancing the Town’s specific goals, with the developer’s use of resources. This can contribute to increased efficiency by minimizing maintenance and enhancing overall functionality. This approach also helps to prioritize the intended purpose of the space, leading to a more targeted and effective design.
Section 3.14
In the LUB discussions, the topic of stormwater plans and drainage has come up, specifically the requirement for a stormwater management plan for areas greater than 3 ha as required in our design guidelines and how this relates to the Land Use Bylaw.
The distinction between the LUB and the Design Guidelines with their purposes and place in the planning hierarchy needs to be considered in the discussion. A brief overview of this hierarchy is provided below.
Stormwater management begins with provincial legislation, primarily the Environmental Protection and Enhancement Act and the Water Act. These Acts have regulations which then in turn cite guidelines for stormwater management that must be followed. It also establishes the hierarchy of stormwater plans.
At the top is the River Basin Plan, which is watershed basins in the Province such as the North Saskatchewan River Basin. It considers the entire basin for water demand, quality and supply.
The Watershed Drainage Plan considers a functional watershed area within the basin. It identifies environmental concerns, drainage requirements, flood plains and drainage requirements. The Town drains into a watershed area and our development areas must meet the requirements of this plan to ensure we are not adversely affecting the watershed area.
The Master Drainage Plan is a municipal plan which we include in our Master Utility Plan. In it is an overall drainage plan to ensure we meet the requirements of the above two plans, and the stormwater is “held” and not to discharge at a greater rate than the lands would in a natural state thus adversely affecting the watershed area. This is primarily done by water retention or detention ponds. This plan identifies the major components of stormwater management.
An Area Structure Plan or a Concept plan goes into greater detail and provides a water management plan that meets the requirements of our design guidelines. Smaller developments may not require an ASP or a concept plan so, the design guidelines establish that if an area greater than 3ha is going to be subdivided and developed, a water management plan needs to be developed. The water management plan must be in accordance with the master drainage plan and sent to Alberta Environment for approval to ensure the two higher provincial plans are not impacted in a negative way. A development less than 3ha is considered minor and would not require a water management plan. It would however be reviewed to ensure that stormwater is handled to fit into the master drainage plan.
The LUB is lot specific, specifically it requires that to show how the owner is going to get stormwater from the property into the stormwater system that was established by all of the plans noted above. Typically, this reviewed to the lot grading plan submitted by the developer in a development agreement, which would conform to the water management plan, which would conform the utility master plan which conforms to the watershed drainage plan which supports the river basin plan.
Section 3.25
Changes to Home Occupation – Class 2 - minor changes were made to clarify that an extra parking spot is required for a non-resident employee, client or business partner (3.25.5). Also, the size of a sign allowed was enlarged to a reasonable size that could be visible from a road in front of the dwelling (from 10” x 12” to 16” x 16”) and a limit was placed on the number of clients that could attend the home, at six (6). Sections 3.25.5, 3.25.8(7) & 3.25.8(10).
Section 3.25.7 was removed, as the municipality does not enforce idling of vehicles.
Reasoning: an extra parking stall would address the increase in parking required, and a small sign should be allowed that is visible to the road. Also, the number of client or customer visits in a residential district should be regulated and kept to a reasonable number.
Section 3.26
Mailboxes was amended to reflect that the authority for Mailboxes rests with Canada Post. Municipalities do not have the legal authority to dictate the placement of Canada Post community mailboxes, however they are typically involved in the planning and implementation process. Canada Post will often work with municipalities to identify suitable locations, considering factors like safety, street lighting, and sidewalk access, and may also gather community feedback through surveys.
Section 3.28 & 3.29
Changes to Outdoor Hot Tubs and Whirlpools as well as Outdoor Swimming Pools – minor changes were made, ensuring the same regulations for setbacks applies to all districts, including Manufactured Home Districts.
Section 3.32
Changes to Alternative Energy Collecting and Storing Devices – minor changes made to reiterate projection allowances and to restrict Solar Energy Devices in a front yard. Any Solar Energy Device that is not attached to a building must meet accessory structure setbacks.
Section 3.34
Under Kennels subsection 3.34.3 (1) & (2), the height of a fence was changed to 2m for all dogs, regardless of size.
Section 3.35
Changes were made to replace regulations for Sea Cans to Portable Storage Units. The proposed changes reduce red-tape and provide clarity for same.
In residential districts, changes were made to restrict Portable Storage Units, allowing only for temporary use for construction or for moving, providing a maximum of 6 months for construction and seven days for a move.
In all other districts, regulations were made to allow Portable Storage Units as a permanent accessory building, subject to regulations listed, provided they meet the requirements under Section 3.2 – Accessory Buildings and Use.
Additional regulations were added as follows:
  • not allowed in the front yard of a parcel, unless approved by the Development Authority;
  • may not diminish parking;
  • must be aesthetic, maintained in good repair and meeting design and character of the neighbourhood;
  • may not diminish landscaping; and
  • security may be required.
Reasoning: To reduce red-tape, and to allow for reasonable use of sea cans, regulations were amended and added, removing the maximum 3 years approval and requirement to remove a sea can (for one month) before approving it again for 3 years. Non-residential parcels can now apply to have a Portable Storage Unit on the property indefinitely, subject to regulations (screening, etc.) 
A Security may be required to ensure that conditions are adhered to conditions of a development permit. (3.35.9)
Section 3.39
Addition of Data Processing Centres to Land Use Bylaw, to accommodate potential future use, and including regulations for same.
Section 5
Subsection 5.8, Window Sign was added and regulations for same, reflecting Council’s feedback from the last GPC Meeting.
Section 6.1.2
Changes to Rural Residential District - Portable Storage Unit replaces Sea Cans as a discretionary use.
Section 6.1.3
Changes were made to Rural Residential District, providing clarity as to when private water and sewer systems are allowed and when an applicant would need to connect to municipal water and sewer.
Reasoning: There was a lack of clarity under these regulations in this district.
Section 6.2.2
Changes to Low Density Residential District - Portable Storage Unit replaces Sea Cans as a discretionary use.
Section 6.3.2
Changes to Flexible Residential District - Portable Storage Unit replaces Sea Cans as a discretionary use.
Section 6.4.2
Changes to Medium Density Residential District - Portable Storage Unit replaces Sea Cans as a discretionary use.
Section 6.5.2
Changes to Manufactured Home District - Portable Storage Unit replaces Sea Cans as a discretionary use.
Section 7.1.2
Changes were made to Core Commercial District, adding:
  • Contractor General without Outdoor Storage;
  • Data Processing Centre – Minor; 
  • Electric Vehicle Charging Station; 
  • Group Home; 
  • Monument; and
  • Sign, Window
to the listed discretionary uses.
An error was corrected, changing Parking to Parking Facility and “Portable Storage Unit” replaced “Sea Can”. 
Section 7.1.3.4 & 7.1.3.9
Also, in response to public feedback, recommendation is to remove the requirement for a second storey or façade in the Core Commercial District.
Additionally, regulations were changed to allow for a dwelling unit at the rear of a commercial use, subject to additional regulations.
Reasoning: Looking at other main streets (ie. Canmore, Banff, Sylvan Lake, etc.) the number of stories varies from single to two and three stories. Requiring a second storey drives up the cost for a development; a decision that should be left to the Owner. To accommodate residential development, and increase in density, dwelling units should be allowed, subject to regulations (ie. Building Code, parking space, etc.) in the rear of a non-residential parcel, provided it does not change the character of the District.
Section 7.2.2
Changes were made to Local Commercial District, adding:
  • Contractor General without Outdoor Storage;
  • Data Processing Centre – Minor; 
  • Electric Vehicle Charging Station; 
  • Monument; and
  • Sign, Window
to the listed discretionary uses.

“Portable Storage Unit” replaced “Sea Can”.
Additionally, regulations were changed to allow for a dwelling unit at the rear of a commercial use, subject to additional regulations.
Reasoning: Looking at other main streets (ie. Canmore, Banff, Sylvan Lake, etc.) the number of stories varies from single to two and three stories. Requiring a second storey drives up the cost for a development; a decision that should be left to the Owner. To accommodate residential development, and increase in density, dwelling units should be allowed, subject to regulations (ie. Building Code, parking space, etc.) in the rear of a non-residential parcel, provided it does not change the character of the District.
Section 7.3.2
Changes were made to the Highway Commercial District, adding:
  • Contractor General with Outdoor Storage;
  • Contractor General without Outdoor Storage
  • Data Processing Centre – Minor; 
  • Electric Vehicle Charging Station; 
  • Monument; and
  • Sign, Window
to the listed discretionary uses.

“Portable Storage Unit” replaced “Sea Can”.
A condition was added for screening for any Outdoor Storage.
Additionally, regulations were changed to allow for a dwelling unit at the rear of a commercial use, subject to additional regulations.
Reasoning: Looking at other main streets (ie. Canmore, Banff, Sylvan Lake, etc.) the number of stories varies from single to two and three stories. Requiring a second storey drives up the cost for a development; a decision that should be left to the Owner. To accommodate residential development, and increase in density, dwelling units should be allowed, subject to regulations (ie. Building Code, parking space, etc.) in the rear of a non-residential parcel, provided it does not change the character of the District.
Section 8
Additions were made to the existing uses in the Industrial District as follows:
Permitted Uses added:
  • Contractor Services without Outdoor Storage; and
  • Electric Vehicle Charging Station 
Discretionary Use:
  • Contractor Services with Outdoor Storage;
  • Data Processing Centre – Minor;
  • Data Processing Centre – Major;
  • Monument;
  • Personal Service; and
  • Sign, Window
“Portable Storage Unit” replaced “Sea Can”.
Section 9
Additions were made to Other Districts, as follows:
Public District Discretionary Uses:
  • Electric Vehicle Charging Station;
  • Monument
“Portable Storage Unit” replaced “Sea Can”.
Environmental Open Space District Discretionary Uses, as follows:
  • Monument
Future Development District Discretionary Uses, as follows:
  • Monument
“Portable Storage Unit” replaced “Sea Can”.

Brownfield Redevelopment Overlay:
An update was also provided to Section 9.4.3.3, adding the civic address and the updated legal description on the subject parcels.
Information: Specific parcels are listed as Brownfield to ensure that the Development Authority and the public are aware of potential restrictions regarding development and zoning. Changes in land use could dramatically impact the cleanup costs for a brownfield project. This is because cleanup standards for residential land use are often much higher than the cleanup standards for industrial land use. While not mandated to explicitly identify brownfield properties within a Land Use Bylaw, municipalities in Alberta can and often do include brownfield properties in their Land Use Bylaws, for these reasons.

Section 9.5, Direct Control District 1
“Portable Storage Unit” replaced “Sea Can” throughout this section.
Section 10.4
Changes were made to Subdivision and Development Appeal Board, to accommodate the changes to the Act, allowing for the Lands and Property Rights Tribunal to hear appeals related to decisions of provincial regulators.
Section 11.3
Changes were made to When A Development Permit Is Not Required:
Changing the size of when a development permit is required for an Accessory Building, to a maximum floor area of 10 m2 (108 ft2) to align with the Building Code (11.3.1(8)).
Electric Vehicle (EV) Charging Station was also added in this section, meaning a permit is not required if it is part of a Parking Facility or Gas Bar, provided that there is an approved development permit for the Parking Facility or Gas Bar (11.3.1(19)).
Window Sign, was added, provided it meets the requirements outlines under Section 5.8.
Section 11.4
Minor change to Non-Conforming Buildings and Uses – clarifying that when a non-conforming use of land or a building has discontinued for six (6) months or more, any new use must conform to the Land Use Bylaw and that a Development Permit is required.
Reasoning: The six (6) months timeline is as per the Municipal Government Act, section 643(2), “A non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw then in effect”.
Section 11.5
Minor changes to Application for Development Permit – we often do not require everything that is listed under this section when accepting an application. The change allows for discretion of the Development Authority, as to what supporting documentation is required under a Development Permit application, and provides clarity for same.
Section 11.10
Minor change under Variance Authority – to accommodate the changes to the Act, allowing for the Lands and Property Rights Tribunal to hear appeals related to decision of provincial regulators.
Section 11.12
Changes to Permit Validity – the Act, under section 640(1)(c), states that a Land Use Bylaw “must establish a method of making decisions on applications for development permits and issuing development permits for any development, including provision for (iii), processing an application for, or issuing, cancelling, suspending or refusing to issue, a development permit”.
Section 11.13 & 11.14
Further changes were under Appealing a Decision, and The Appeal Process, to accommodate the changes to the Act, allowing for the Lands and Property Rights Tribunal to hear appeals related to decision of provincial regulators.
A section was also added for when an appeal goes to the Alberta Court of Appeal or a further appeal to the Supreme Court of Canada.
Section 12
A condition was added under Amendments to this Bylaw, to ensure compliance with the Council Procedural Bylaw, and the Act, to accommodate the legislated changes to the Act, requiring that every council must, by bylaw, provide for public hearings to be conducted by electronic means. (12.1.13)
Section 13
Changes were made under Contravention and Enforcement, removing reference to the Town’s Fees and Rates Bylaw and adding sections (13.5.2(2)) & (13.5.2(3)) to list penalties for offences related to the Land Use Bylaw.
Other minor changes were made to accommodate the Appeal Board and Tribunal, and to correct a duplicate reference.
Section 14.2
Changes were made under General Definitions:
  • Appeal Board or Tribunal replaces Subdivision and Development Appeal Board to accommodate the changes to the Act, allowing for the Lands and Property Rights Tribunal to hear appeals related to decision of provincial regulators.
  • Landscaped or Landscaping was amended, adding stone, fencing and berming to the definition.
  • Parcel Coverage was amended to provide clarity to what constitutes parcel coverage. 
  • Soft-Sided Building was added for clarity, and providing examples for same.
  • Subdivision and Development Appeal Board was removed, as it was replaced by the new definition for Appeal Board or Tribunal.
Section 14.3
Changes to Use Definitions:
  • Accessory Building or Structure was amended to allow for an Accessory Building to be built prior to a principal building. 
  • Animal Hospital was amended to add retail to the use, which is generally consistent with this use. 
  • Community Support Services was amended to allow for more flexibility under this use. 
  • Contractor Services with Outdoor Storage was amended to provide clarity and flexibility under this use while avoiding ambiguity.
  • Contractor Services without Outdoor Storage was amended to provide clarity and flexibility under this use while avoiding ambiguity and maintaining character of a district.
  • Convenience Retail Store” was amended to create formatting consistency. 
  • Data Processing Centre – Minor was added to accommodate Council’s request to create regulations for same. 
  • Data Processing Centre – Major was added to accommodate Council’s request to create regulations for same. 
  • Electric Vehicle (EV) Charging Station was added to accommodate anticipation for this future use. 
  • Financial Services was amended to provide clarity and flexibility under this use while avoiding ambiguity and maintaining character of a district. 
  • Hotel was amended to reflect current uses, allowing for this use and considering that not all Hotels have a food and beverage service. 
  • Light Equipment Assembly, Sales and Service was amended to provide clarity and flexibility under this use while avoiding ambiguity and maintaining character of a district. 
  • Manufactured Home was amended to provide clarity and flexibility under this use while avoiding ambiguity.
  • Monument was added to allow for a permanent Accessory Structure or landmark in response to a request for same (Firetruck Monument at the Fire Hall).
  • Office was amended to provide clarity and flexibility under this use while avoiding ambiguity.
  • Personal Service was amended to provide clarity and flexibility under this use while avoiding ambiguity.
  • Portable Storage Unit was added, and means a ‘physical storage container, which may or may not have wheels and which is typically made of steel and is weather resistant but may be made of other materials. This can include but is not limited to a Sea Can, a Moving Bin, Cube, or Pod, or a Transport Trailer or Container. A Portable Storage Units are deemed to be an Accessory Building or Structure’
  • Sea Can definition was removed and replaced with Portable Storage Unit.
  • Sign, Window was added to provide clarity and flexibility under this use while avoiding ambiguity and maintaining character of a district.
Section 15
Under ‘Notes’, subsection (2) was moved to top of the section, that ”Building Owners are responsible to comply with all Alberta Fire Code requirements regarding fire safety plans (see Article 5.3.1.2 Alberta Fire Code).
Section 16
Schedule B was amended, adding the new uses, Data Processing Centre, and Electric Vehicle (EV) Charging Station, to the appropriate Groups of Uses.
“Portable Storage Unit” replaced “Sea Can”


View all proposed changes highlighted in red in this document [opens in a new window]

The Town of Rocky Mountain House Development Authority has been tracking requests, typos, errors, and common inquiries into the Land Use Bylaw since 2021.

This is the first significant revision of the LUB that was adopted by council in January 2021. Its primary focus is on red tape reduction opportunities and to clarify and respond to feedback from Council and the general public. 

This revision will also correct administrative errors (typos and formatting), and ensure it reflects common planning practices.  

The proposed amendments will reduce red tape in a number of ways.

  1. Broader definitions of use. 
    • With clearer, broader definitions for land use, developers and residents will have to make fewer applications for change when it comes to development permit applications.
    • For example: Animal Hospital was amended to add retail to the use. This allows a veterinarian practice to have retail sales by default - without having to apply for an amendment to the development permit.
    • For example: Hotel/accommodations may operate without food service.
  2. Consistency across residential districts, where possible.
    •  The maximum size allowed for an Accessory Building (shed, garage) will be determined by the size of the parcel, not the zoning district. 
    • For example: The owner of any residential parcel over 700.0 m2 (7,535 ft2) can construct an accessory building up to 1,184 ft2, provided it does not exceed the total area of the principal building or contravene required setbacks and maximum height, and meet parcel coverage requirements. 
  3. Alignment with the Building Code.
    • The Town of Rocky Mountain House will not require a development permit for accessory buildings/sheds where the Buildings Code does not require a building permit.
    • The current LUB requires a development permit for accessory buildings over 102.2 ft2, while the Building Code only requires a building permit if it is over 108 ft2. 
    • What's New: Accessory buildings/sheds up to 108 ft2 and less that 8.2 ft in height will no longer require a development permit.
  4. Core Commercial District flexibility
    • There will be no requirement for a second storey or façade in this district.
    • Dwelling Units may be approved as a discretionary use in this district, subject to regulations.

Land Use 
A land use is a specific type of human activity or development on land. These are defined and regulated by the Land Use Bylaw (LUB).

Municipal Development Plan (MDP)?
The MDP is the road map for long-term development of the town. It establishes a shared vision for the future and outlines a path for getting there, and includes:

  • Vision & Guiding Principles
  • Future Land Use Areas
  • Future Open Space
  • Future Transportation & Servicing
  • General policies for future development

Land Use Bylaw (LUB)
The Land Use Bylaw provides clear regulatory direction for land use and buildings to ensure successful implementation of the MDP. While the MDP provides the road map, the LUB provides the guidance to see it through by regulating use and development within the Town. It sets out various zoning districts, acceptable uses within each area, and how decisions on development applications are made. A LUB includes:

  • Zoning districts
  • Acceptable uses within each area
  • Required setbacks for development
  • Parking requirements
    Process for development applications
  • Height and lot coverage restrictions

Land Use District 
A land use district is an area that has a specific set of regulations in the LUB. These regulations include the types of land uses that are allowed there and specifications on where buildings should be located and built on a lot.

Permitted Uses
Permitted uses are automatically allowed in the district. The Town must issue a development permit for a permitted use, so long as the proposal conforms to the requirements of the Bylaw.

Discretionary Uses 
Discretionary uses must be approved by the Town prior to being built to ensure they are compatible with the surrounding area.

Setback
Setback means the distance between a façade of a building and an adjacent lot line.

Density 
Density refers to the number of dwelling units provided in a certain size of area, generally measured in units per hectare. A higher number of units in one hectare of land means a higher density. For example, an apartment building with 10 units would be a higher density than a single family home located on the same size lot.