Section 11 - Airport Vicinity Protection Area

11 AVPA
Sec on 11 Airport Vicinity Protec on Area (AVPA) Regula ons
11.1
Defini ons
In this Sec on,
airport means the Canmore Municipal Heliport within the protec on area.
airport take-off and landing area means the area of land within the airport that is used or
intended to be used for the take-off and landing of aircra .
airport zoning reference point eleva on means the airport zoning reference point eleva on
of the airport take-off and landing area as described in 11.7.4.
Department means the Town of Canmore Planning & Development Department.
Development includes a proposed development.
Land Use Bylaw means the Land Use Bylaw of the Town of Canmore.
NEF means noise exposure forecast.
NEF contour means a numbered contour as shown on Schedule 1, Subsec on 11.7.1.
Protec on Area means Canmore Airport Vicinity Protec on Area as shown on Schedule 1,
Subsec on 11.7.1.
Take-off/approach surface means a take-off and approach surface as shown on Schedule 4,
Subsec on 11.7.4.
For the purposes of this AVPA, a reference to a land use, structure or development may
include an accessory land use, structure or development, as the case may be.
11.2
General Provisions
11.2.0.1
This AVPA applies to a development wholly or partly within the boundary of the Protec on
Area.
11.2.0.2
All developments within the Protec on Area require a development permit except for those
that comply with both the height limita ons in Subsec on 11.7.4 and with the exemp ons for
development permits described in Sec on 1, Administra on.
11.2.0.3
The Development Officer shall administer this AVPA and may refer applica ons to the
Canmore Planning Commission.
11.2.0.4
The Development Officer may issue a development permit for a development if the
development conforms with this AVPA and this Land Use Bylaw.
11.2.0.5
A decision of the SDAB shall conform with the land uses described for the AVPA.
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11.2.0.6
The Development Authority and SDAB are not precluded by this AVPA from a aching to a
development permit, in accordance with the Land Use Bylaw, any condi ons that do not
conflict with this AVPA.
11.2.0.7
Establishment of Protec on Area
The area described in 11.7.1 is established as the Canmore Airport Vicinity Protec on Area.
11.3
Processing of Development Applica ons
11.3.0.1
For the purposes of this sec on and 11.7.3, the protec on area is divided into the following
districts:
a.
the Airport Property District, designated A-P
b.
the Airport Urban District, designated A-U
as per Schedule 1, Subsec on 11.7.1.
11.3.0.2
a.
its intended use is the same as that of the other
b.
it is no more sensi ve to external noise than the other
c.
it does not a ract birds
d.
it does not generate a large amount of smoke or dust
e.
it does not exceed the height limita ons in Subsec on 11.5.0
f.
it does not detrimentally impact flight paths or the NEF in the opinion of the
Development Authority
11.3.0.3
The Development Officer may issue a development permit for a development that involves
a land use that is designated “P” in Table 1 of Schedule 3 or is substan ally similar to such a
land use.
11.3.0.4
The Development Officer may issue a development permit for a development that involves
a land use that is designated “C” followed by a number in Table 1 of Schedule 3 or is
substan ally similar to such a land use, and the appropriate condi on specified in Table 2 of
Schedule 3 is deemed to be part of the land use and condi ons of approval for the purposes
of this Regula on.
11.3.0.5
The Development Officer shall not issue a development permit for a development that
involves a land use that:
11.3.0.6
For the purposes of this sec on, one land use is substan ally similar to another if, in the
opinion of the Development Officer:
a.
is designated “NA” in Table 1 of Schedule 3, Subsec on 11.7.3 or is substan ally similar
to such a land use, or;
b.
is neither listed in Table 1 of Subsec on 11.7.3 nor authorized under subsec on 13.3.0.3
or 13.3.0.4.
If a development permit applica on is made for a development that involves a land use
that, in the opinion of the Development Officer, may a ract birds or generate large amounts
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of smoke or dust or both, the Development Officer shall require the applicant to submit a
report prepared by a qualified professional regarding the poten al impacts of the proposed
development on the opera on of the heliport.
11.4
Accessory Land Use
If a development permit applica on is made for a development that involves an accessory
land use, structure or development that, in the opinion of the Development Officer:
a.
is more sensi ve to external noise than the major land use, structure or development
b.
a racts birds
c.
generates a large amount of smoke or dust or both
d.
may detrimentally impacts flight paths or the NEF
The Development Officer shall require the applicant to submit a report prepared by a qualified
professional regarding the poten al impacts of the proposed development on the opera on
of the heliport.
11.5
Height Limita ons
11.5.0.1
The Development Officer may issue a development permit for a development if no point of
the development will exceed the height of the take-off/approach surfaces as described in
Schedule 4, Height Limita ons.
11.5.0.2
For the purposes of this sec on:
11.6
a.
if the development is a railway, the highest point of the development shall be deemed to
be 6.0 metres higher than the actual height of the rails
b.
if the development is a highway or public roadway, the highest point of the development
shall be deemed to be 4.5 metres higher than the actual height of the part of the
highway or public roadway on which vehicles travel
Amendment
An applica on for amendment to the AVPA or NEF boundaries may be made to the Town with
the submission of an acous cal report demonstra ng that the proposed development is not
within current NEF Contours and is in compliance with Sec on 1, Administra on.
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11.7
Schedules
11.7.1
Schedule 1: AVPA Boundary and Noise Exposure Forecast Zones
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11.7.2
Schedule 2: Land Use in Rela on to Noise Exposure Forecast Areas
The performance criteria u lized to determine permi ed and condi onal land uses are as
follows:
1.
Uses that involve con nuous human occupancy (e.g. residen al use):
Condi onal approval above the 25 NEF Contour; not permi ed above the 30 NEF Contour.
2. Uses that involve con nuous human occupancy but comprise residen al replacement
or infill:
Condi onal approval above the 25 NEF Contour.
3. Uses that involve temporary medium term human occupancy where the majority of
people occupy the space for an 8-hour work period (employee oriented) (e.g. commercial/
office uses, restaurants and hotels):
Condi onal approval above the 30 NEF Contour; not permi ed above the 40 NEF Contour.
4. Uses that involve temporary short term human occupancy where the majority of
people occupy the space temporarily (customer oriented) (e.g. drive-in restaurants, vehicle
and equipment sales):
Not permi ed above the 40 NEF Contour.
5.
Uses that involve the assembly of people (e.g. clubs, fraternal organiza ons):
Condi onal approval above the 30 NEF Contour; not permi ed above the 40 NEF Contour.
6.
Uses that involve outdoor recrea on:
Condi onal approval above the 30 NEF Contour.
7.
Uses that involve outdoor accommoda on (e.g. camping, R.V. trailer park):
Not permi ed above the 35 NEF Contour.
8.
Uses that may a ract birds or produce large quan
es of smoke, dust or both:
Referral required.
9. Uses that, because of their nature, are not adversely affected by external noise due to
limited or no human occupancy or sufficient internal noise genera on:
Permi ed.
10. Uses that may be adversely affected by external noise but do not involve human
occupancy (e.g. kennel, fur farm):
Referral required above the 25 NEF Contour.
Other uses require specific determina on of noise compa bility.
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11.7.3
Schedule 3: Land Use Classifica on
TABLE 1
Land Use Classes
Airport Urban District (A-U)
The Airport Urban District (A-U) refers to the area within the AVPA boundary where the Town
of Canmore Land Use Bylaw districts apply.
Land Use
Performance
Criteria
Noise Exposure Forecast Areas
(see Schedule 2)
ATHLETIC &
RECREATIONAL USES
Archery range
Arenas and swimming pool
Gun club
Tennis court
NEF
25Area
NEF
25-30
Area
NEF
30-35
Area
NEF
35-40
Area
NEF
40Area
6
5
9
6
P
P
P
P
P
P
P
P
C3
C1
P
C3
C3
C1
P
C3
C3
NA
P
C3
4
P
P
P
P
NA
9
9
4
9
4
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
NA
P
NA
4
P
P
P
P
NA
AUTO SERVICE USE
Automobile sales and
rentals
Auto wreckers
Car wash
Gas bars
Parking facili es
Rapid drive-through vehicle service
Recrea onal vehicle sales
and service
Recrea onal vehicle parking
Service sta on
Trailer drop-off site
9
P
P
P
P
P
4
9
P
P
P
P
P
P
P
P
NA
P
ENTERTAINMENT USES
Cultural establishments
Drinking establishments
5
3
P
P
P
P
C1
C1
C1
C1
NA
NA
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Performance
Criteria
Land Use
Noise Exposure Forecast Areas
(see Schedule 2)
Drive-in food services
Ea ng establishments
Entertainment
establishments
Private clubs and lodges
Theatre
GENERAL COMMERCIAL
USES
Amusement arcades
Arts and cra s studio
Banks
Barber and beauty shop
Bowling alleys and pool
halls
Convenience store and
grocery store
Clinics, medical office
Garden centres
Hotels, motels
Laundromat
Liquor store
Office and laboratories
Shopping centres
Souvenir shops
Tourist informa on centre
MISCELLANEOUS
SERVICE USES
Bus depot
Kennel
Sign
Train sta on
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4
3
5
NEF
25Area
P
P
P
NEF
25-30
Area
P
P
P
NEF
30-35
Area
P
C1
C1
NEF
35-40
Area
P
C1
C1
NEF
40Area
NA
NA
NA
5
5
P
P
P
P
C1
C1
C1
C1
NA
NA
4
3
3
3
4
P
P
P
P
P
P
P
P
P
P
P
C1
C1
C1
P
P
C1
C1
C1
P
NA
NA
NA
NA
NA
4
P
P
P
P
NA
3
9
3
4
4
3
3
3
4
P
P
P
P
P
P
P
P
P
P
P
C1
P
P
P
P
P
P
C1
P
C1
P
P
C1
C1
C1
P
C1
P
NA
P
P
C1
C1
C1
P
NA
P
NA
NA
NA
NA
NA
NA
NA
4
10
9
4
P
P
P
P
P
C2
P
P
P
C2
P
P
P
C2
P
P
NA
C2
P
NA
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Land Use
Performance
Criteria
Noise Exposure Forecast Areas
(see Schedule 2)
Taxi stand
Veterinary clinic
OUTDOOR PARK USES
Campgrounds
Cross-country skiing trails
Golf course
Jogging trail
Managed or supplemental
natural bird habitats
Outdoor theatre
Playground
Public park
PUBLIC & QUASI-PUBLIC
USES
Church
Community centre
Hospital and nursing home
Library
School
PUBLIC UTILITY USES
Communica ons tower
(radio, television, etc)
Public incinerator
Radio sta on
Sanitary landfill site
Residen al infill and
replacement
9
10
NEF
25Area
P
P
NEF
25-30
Area
P
C2
NEF
30-35
Area
P
C2
NEF
35-40
Area
P
C2
NEF
40Area
P
C2
7
6
6
6
8
P
P
P
P
C2
P
P
P
P
C2
P
C3
C3
C3
C2
NA
C3
C3
C3
C2
NA
C3
C3
C3
C2
8
6
6
C2
P
P
C2
P
P
C2
C3
C3
C2
C3
C3
C2
C3
C3
5
5
1
3
3
P
P
P
P
P
P
P
C1
P
P
C1
C1
NA
C1
C1
C1
C1
NA
C1
C1
NA
NA
NA
NA
NA
9
P
P
P
P
P
8
3
8
2
C2
P
C2
P
C2
P
C2
C1
C2
C1
C2
C1
C2
C1
C2
C1
C2
NA
C2
C1
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TABLE 2 – Condi ons of Approval
“C” indicates that a use may be approved condi onally provided that the following processes
and/or condi ons are applied to an applica on:
T
C
C1
Construc on shall conform to the exterior acous c insula on requirements of
PART 11 of the Alberta Building Code, 2006 for those NEF areas other than the
NEF 25-Area unless otherwise stated in this Regula on. Where this condi on is
specified, the Development Officer shall indicate on the development permit the
noise contours between which the proposed development site would be located
for reference of a Safety Codes Officer at the me the building permit applica on is
filed.
C2
A copy of the applica on must be reviewed by a qualified professional as part of
the development applica on process before the Development Officer decides
whether or not a development permit will be issued.
C3
The development shall not include structures for the sea ng of spectators except
as varied to allow sea ng that, in the opinion of the Development Officer, is minor
in nature.
P
The use is permi ed without special condi ons to accommodate the AVPA if the
use is provided for in the applicable Land Use District in the Land Use Bylaw.
NA
The use is not allowed notwithstanding that it may be a Permi ed Use or a
Discre onary Use within the applicable Land Use District.
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11.7.4
Schedule 4: Structural Height Limita ons
11.7.4.1
Schedule 4, below, illustrates the maximum height, in metres, of buildings and any other
structures above the AVPA Base Eleva on of 1309.42 metres above sea level.
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