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SUMMER VILLAGE OF
BIRCHCLIFF
LAND USE BYLAW NO. 170/13
October 2013
Amended by Bylaw #199/17
November 2017
Amended by Bylaw #202/18
April 2018
Amended by Bylaw #215/19
February 2019
Prepared by:
Summer Village of Birchcliff Land Use Bylaw No. 170/13
Summer Village of Birchcliff Land Use Bylaw No. 170/13
SUMMER VILLAGE OF BIRCHCLIFF
LAND USE BYLAW NO. 170/13
TABLE OF CONTENTS
PART ONE: GENERAL ................................................................................................................... 1
1.1
Short Title ....................................................................................................................... 1
1.2
Purpose ................................................................................................................................ 1
1.3
Definitions ....................................................................................................................... 1
1.4
Establishment of the Development Officer ................................................................... 11
1.5
Municipal Planning Commission ................................................................................... 11
1.6
Establishment of Forms ................................................................................................ 12
1.7
Establishment of Fees .................................................................................................. 12
1.8
Establishment of Supplementary Regulations .............................................................. 12
1.9
Establishment of Land Use District Regulations ........................................................... 12
1.10
Establishment of Districts ............................................................................................. 12
1.11
Amendment of the Land Use Bylaw ............................................................................. 13
1.12
Sections Found Invalid ................................................................................................. 17
1.13
Repeal .......................................................................................................................... 17
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL ................................... 19
2.1
Purpose of Development Permits ................................................................................. 19
2.2
Development Not Requiring a Development Permit ..................................................... 19
2.3
Permission for Development ........................................................................................ 20
2.4
Variances ...................................................................................................................... 26
2.5
Development Permits and Notices ............................................................................... 27
2.6
Appealing a Decision .................................................................................................... 28
2.7
The Appeal Process ..................................................................................................... 28
2.8
Cancellation .................................................................................................................. 29
2.9
Compliance with other Legislation ................................................................................ 29
2.10
Contravention and Enforcement ................................................................................... 29
2.11
Offences and Penalties ................................................................................................ 31
PART THREE: SUPPLEMENTARY REGULATIONS .................................................................... 33
1. Buildings ............................................................................................................................. 33
1(1)
Accessory Buildings in R1 District .............................................................................. 33
1(2)
Accessory Buildings in R2, R3 Districts ...................................................................... 34
1(3)
Building Orientation and Design ................................................................................. 35
1(4)
Relocation of Buildings ............................................................................................... 35
1(5)
Number of Buildings on a Parcel ................................................................................ 36
1(6)
Building Demolition ..................................................................................................... 36
1(7)
Guest Houses ............................................................................................................. 37
2. Yards .................................................................................................................................. 37
2(1)
Yard Illustrations ......................................................................................................... 37
2(2)
Projections Over Yards ............................................................................................... 38
2(3)
Objects Prohibited or Restricted in Yards ................................................................... 38
3.0
Vehicles .......................................................................................................................... 39
3(1)
Driveways ................................................................................................................... 39
3(2)
Detached Garages ..................................................................................................... 40
3(3)
Sight Lines at Intersections of Roadways ................................................................... 40
4.0
Miscellaneous ................................................................................................................. 41
4(1)
Home Occupations ..................................................................................................... 41
4(2)
Private Pools and Decorative Ponds .......................................................................... 41
4(3)
Fencing ....................................................................................................................... 42
4(4)
Mechanized Excavation, Stripping and Grading of Parcels ........................................ 43
Summer Village of Birchcliff Land Use Bylaw No. 170/13
4(5)
Landscaping, Environmental Conservation and Development ................................... 43
4(6)
Replacement Trees and/or Shrubs ............................................................................. 44
4(7)
Subdivision Design Standards .................................................................................... 44
4(8)
Public Property Regulations ....................................................................................... 45
5.0
Guidelines for Other Land Uses ..................................................................................... 45
PART FOUR: LAND USE DISTRICT REGULATIONS .................................................................. 47
LAKESHORE RESIDENTIAL DISTRICT (R1) ............................................................................ 47
BACK-LOT RESIDENTIAL (R2) ................................................................................................. 51
COUNTRY RESIDENTIAL DISTRICT (R3) ................................................................................ 55
CHURCH CAMP DISTRICT (CC1) ............................................................................................. 59
CHURCH CAMP COTTAGE DISTRICT (CC2) .......................................................................... 63
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS) ................................................................ 67
SUMMER VILLAGE OF BIRCHCLIFF
LAND USE BYLAW
AMENDMENT BYLAW #215-19
Being a Bylaw of the Summer Village of Birchcliff, in the Province of
Alberta, to authorize amendments to the Summer Village of Birchcliff
Land Use Bylaw 170-13.
WHEREAS: Section 692 of the Municipal Government Act, RSA 2000,
authorizes a Council to amend a Land Use Bylaw;
WHEREAS: the Council deems it desirable to amend Land Use Bylaw
170-13;
NOW THEREFORE, the Council of the Summer Village of Birchcliff, in
the Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 170-13:
1.
Part One: 1.3 Definitions - revise Home Occupation to: means any
occupation, trade, profession, or craft carried on by an occupant of a
residential building as a use secondary to the residential use of the
building. This shall not include any cannabis retail sales or cannabis
production and distribution.
2.
Part Two, 2.3 Permission for Development, revise (1)(f) to: A statement
of registered ownership of land and interest of the applicant therein
together with a copy of the Certificate of Title indicating ownership and
encumbrances. Applications for development at or of church camp
cottages shall be accompanied by a letter of authorization from the
Director(s) of the Church Camp, indicating their approval of the proposed
development and its entirety.
3.
Part Three, 2(2) Projections Over Yards - remove (b) "In all other
districts, the portion of and attachments to a main or accessory building
which may project over or on a minimum yard are: (i) Any projection not
exceeding 1.50 m (4.92 ft.) into a front yard or rear yard; (ii) Any
projection not exceeding 0.60 m (1.97 ft.) into a side yard; (iii) Any
projection that is an exterior fire escape not exceeding 1.20 m (3.94 ft.) in
width."
4.
Part Three, 3(1) Driveways, remove the following under (b): where the
driveway serves not more than four (4) dwelling units.
5.
Part Three, 3(1) Driveways, add the following: (f) Driveways to be
constructed of asphalt or gravel within the carriageway (between road
and private property line).
6.
Part Four, all Residential Districts - Add "Driveway, Deck-Stairs, and
Private Pool" to Permitted Uses.
7.
Part Four, Church Camp District - Add "Deck-Stairs" to Discretionary
Uses.
8.
Part Four, all Residential and both Church Camp Districts - Remove
"Temporary Building" from Discretionary Uses.
9.
Part Four, Back-Lot Residential (R2) District, Supplementary
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Regulations - Remove (2) "A restrictive covenant, registered against the
Certificate of Title, shall provide further development controls for the
following lands:"
10. Part Four, Church Camp District (CC1), under Site Development, revise
"Council" to "Municipal Planning Commission".
11. Part Four, Church Camp District (CC1), 5(d): Revise "(3)" to "(b)".
12. Part Four, Church Camp District (CC1), Landscaping Requirements (1):
Revise "Council" to "Municipal Planning Commission".
13. Part Four, Church Camp Cottage District (CC2), Parking Regulations -
Remove (4) "Accesses, totaling six (6), from Birchcliff Road, shall be
reduced as per details contained in the "Church Growth Plan" when the
new proposed northern entrance is constructed. All driveways shall be
constructed to the satisfaction of Council."
14. All Parts of the Land Use Bylaw, revise "Park Model Recreational
Vehicle" to "Park Model Trailer"
15. Part Four, Church Camp District (CC1), revise Site Development (4) and
(4) (a) to: "No more than thirty-five (35) Park Model Trailers are allowed
in the thirty-five (35) stall recreational vehicle area known as "Western
R.V. Park" (a) Park Model Trailer units are welcome to a maximum of
thirty-five (35) in the Church Camp District (CC1) only."
GIVEN FIRST READING this 17th day of January, 2019.
______________________________
Roger Dufresne, Mayor
______________________________
Phyllis Forsyth, CAO
PUBLIC HEARING held February 21, 2019.
GIVEN SECOND READING this February 21, 2019.
GIVEN THIRD AND FINAL READING this February 21, 2019.
______________________________
Roger Dufresne, Mayor
______________________________
Phyllis Forsyth, CAO
SUMMER VILLAGE OF BIRCHCLIFF
LAND USE BYLAW
AMENDMENT BYLAW #202/18
Being a Bylaw of the Summer Village of Birchcliff, in the Province of
Alberta, to authorize amendments to the Summer Village of Birchcliff
Land Use Bylaw 170/13.
WHEREAS: Section 692 of the Municipal Government Act, RSA 2000,
authorizes a Council to amend a land use bylaw;
WHEREAS: the Council deems it desirable to amend Land Use Bylaw
170/13;
NOW THEREFORE, the Council of the Summer Village of Birchcliff, in
the Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 170/13:
1.
Part One: 1.3 Definitions, revise Hard Landscaped Area definition to:
"hard landscaped area" in R1, R2 and R3 Districts, means the use of
non-vegetative material, such as but not limited to concrete or asphalt. In
the CC1 District, means the use of non-vegetative material, other than
concrete or asphalt.
2.
Part One: 1.3 Definitions, remove Holding Tank definition.
3.
Part One: 1.3 Definitions, add the following definition:
"tourist home" - means a dwelling unit operated as a temporary place to
stay, with compensation, and includes all vacation rentals of a dwelling
unit. The characteristics that distinguish a tourist home from a dwelling
unit used as a residence may include any of the following: the intent of
the occupant to stay for short-term (30 days or less) vacation purposes
rather than use the property as a residence, the commercial nature of a
tourist home, the management or advertising of the dwelling unit as a
tourist home or "vacation rental", on website such as AirBnB or VRBO,
the use of a system of reservations, deposits, confirmations, credit cards,
or other forms of electronic payment etc. No recreation vehicle or guest
house shall be used a Tourist Home.
4.
Part Two: 2.3 Permission for Development, remove the following under
(1):
(g) If the proposed development is for a detached dwelling, the
application shall also include a copy of the private wastewater disposal
permit issued by an accredited agency approving the proposed method
of wastewater treatment and disposal for the development; and
(h) If the proposed development is for an addition to a detached dwelling
or a guest house with a washroom, the application shall include
confirmation from a plumbing safety codes officer that the existing private
wastewater disposal system is adequate for the proposed development.
5.
Part Two: 2.3 Permission for Development, add the following:
(13) After receipt of a development permit application, the Development
Authority shall give notice to the applicant by email as per the email
address listed on the Development Permit Application, that the
application is deemed complete or incomplete.
(a) If the application is deemed incomplete, the notice shall contain
any outstanding documents and information required, and a date the
outstanding documents and information shall be submitted, set out in
the notice or a later date agreed on between the applicant and the
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development authority in order for the application to be considered
complete.
(b) If the applicant fails to submit all the outstanding information and
documents on or before the date referred to in the email, the
application is deemed to be refused. The development authority must
issue to the applicant a notice by ordinary mail.
6.
Part Two: 2.4 Variances, revise all "Development Authority" and
"Development Officer" text to "Municipal Planning Commission".
7.
Part Two: 2.5 Development Permits and Notices, revise (1) to:
A Development Permit issued pursuant to this Part does not come into
effect until twenty-one (21) days after the date on which notice of
issuance of the permit is given under subsection 4(a) or (b). Any
development proceeded with the applicant prior to the expiry of this
period is done solely at the risk of the applicant.
8. Part Two: 2.5 Development Permits and Notices, revise (4)(a) to: For
permitted and discretionary uses:
(i) Mail a notice of the decision to all persons whose use, enjoyment or
value of property may, in the opinion of the Development Authority, be
affected; and
(ii) Post a notice of the decision on the Summer Villages' website.
9.
Part Two: 2.6 Appealing a Decision, revise (4) to: An appeal by an
applicant must be commenced within twenty-one (21) days of the
notification of the decision or when the forty (40) day period or any time
extension expires. An appeal by any other affected person must be made
within twenty-one (21) days of the notice of the issuance of the permit
was given.
10. Part Three: 4.1 Miscellaneous, add the following under 4(2) Private Pools
and Decorative Ponds:
(d) Draining private pools other than directly into the sewer line of your
home, is prohibited (in accordance with the Sanitary Sewage Bylaw
#192/16). Pool and hot tub water and their associated maintenance
products contain chemicals that may seriously harm aquatic plants, fish,
birds and animals when disposed of improperly.
11. Part Four: Land Use District (R1) (R2) (R3), add the following:
Tourist Homes
(1) Tourist Homes are not permitted within the Summer Village of
Birchcliff. Can you rent out your home for an evening, a weekend, a
week, or a few weeks at a time?
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12. Part Four: R1, R2 and R3 Districts, Revise Parcel Servicing (1) to:
No building may be erected or development commenced on parcels
which are not proposed to be served by a piped water or sewerage
system until arrangements, satisfactory to the Provincial Plumbing
Inspector, Alberta Labour and the Public Health Unit, have been made for
collection, storage, if any, and disposal of sewage.
13. Part Four: R1 District, under Site Development, revise (c) Maximum
Parcel Coverage to:
Fifty (50) percent, other fifty (50) percent shall remain as is or contain
native grasses, trees, shrubs, or ornamental plantings, satisfactory to the
Development Authority.
14. Part Four: R2 District, under Site Development, revise (c) Maximum
Parcel Coverage to:
Thirty (30) percent, other seventy (70) percent shall remain as is or
contain native grasses, trees, shrubs, or ornamental plantings,
satisfactory to the Development Authority.
15. Part Four: R3 District, under Site Development, revise (b) Maximum
Parcel Coverage to:
Twenty-five (25) percent, other seventy-five (75) percent shall remain as
is or contain native grasses, trees, shrubs, or ornamental plantings,
satisfactory to the Development Authority.
16. Part Four: CC2 District, Revise Site Development (3) to:
The location of the water well for the proposed development as well as
the location of all existing water wells for the existing cottages identified
within a 10 m (32.80 ft.) radius.
GIVEN FIRST READING this 22nd day of March, 2018.
______________________________
Thom Jewell, Mayor
______________________________
Phyllis Forsyth, CAO
PUBLIC HEARING HELD ON APRIL 24, 2018, AT THE SUMMER
VILLAGE ADMINISTRATION OFFICE.
GIVEN SECOND READING this 24th day of April, 2018.
GIVEN THIRD AND FINAL READING this 24th day of April, 2018.
______________________________
Thom Jewell, Mayor
______________________________
Phyllis Forsyth, CAO
SUMMER VILLAGE OF BIRCHCLIFF
LAND USE BYLAW
AMENDMENT BYLAW #199-17
Being a Bylaw of the Summer Village of Birchcliff, in the
Province of Alberta, to authorize amendments to the
Summer Village of Birchcliff Land Use Bylaw 170/13.
WHEREAS: Section 692 of the Municipal Government Act,
RSA 2000, authorizes a Council to amend a
land use bylaw;
WHEREAS: the Council deems it desirable to amend Land
Use Bylaw 170/13;
NOW THEREFORE, the Council of the Summer Village of
Birchcliff, in the Province of Alberta, duly assembled, hereby
enacts as follows:
An amendment to the Land Use Bylaw 170/13:
1. Part One: 1.3 - Revise "grade" (a) definition to: If the applicant
can show by reference to legal surveys that the
predevelopment elevation of the subject parcel varies by no
more than 1 m in 30 lineal metres, the Development Authority
may determine grade by calculating the average of the highest
and lowest elevation on the parcel or above top of bank; or
2. Part One: 1.3 - Add the following definition: "legal survey"
means, in the context of land, is an official graphical
representation of a piece of land prepared by an accredited
land surveyor. Critically the legal survey depicts the location of
a property's boundaries, their relationship to the underlying
legal fabric and easements and rights-of-way.
3. Part One: 1.3 - Revise the current "escarpment" definition to:
"Escarpment" means an extended linear topographical feature
of relatively steep slope and significant change in elevation, as
per the diagrams below.
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4. Part One: 1.3 - Add the following definition: "Top of Bank" -
please refer to the "escarpment" definition and diagrams.
5. Part One: 1.3 - Add the following definition: "High water
mark" means the line that separates the Crown-owned bed
and shore of a water body from the adjacent private land is
called the legal bank (defined in the Surveys Act). Its
location is synonymous with what is commonly known as the
ordinary high water mark.
6. Part Two: Revise 2.2 (1) to read: The carrying out of works
of improvement, maintenance, repairs or renovation to any,
but not limited to, building, deck, driveway, patio provided
that such works do not include structural alterations,
additions, drainage alterations or any improvement that
affect parcel coverage, and that the works comply with the
regulations of this Land Use Bylaw.
7. Part Two: 2.3 - Add the following point under (1) to read:
Copies of all provincial and federal required documents
relative to the development.
8. Part Three: Add point (g) to 1(1) that reads: Accessory
building's combined footprints shall be no larger than 6% of
the parcel's total area, to a maximum of 2200 sq. ft.
9. Part Three: Revise point (b) in 1(2) to read: Accessory
building's combined footprints shall be no larger than 6% of
the parcel's total area, to a maximum of 2200 sq. ft.
10. Part Three: Revise 1(5) to read: Number of Buildings on a
Parcel;
A Development Permit shall not be issued for more than:
(a) One (1) main building on an unsubdivided parcel; and
(b) Two (2) accessory buildings on an unsubdivided parcel.
11. Part Three: 3(1) - Revise point (c) to read: In residential
districts, the number of driveways shall be limited to not
more than one (1) driveway on a property with less than or
equal to 40 m (131.23 ft.) and not more than two (2)
driveways for properties with more than 40 m (131.23 ft.) of
frontage.
12. Part Four: (R1) (R2) (R3) Districts:
Permitted Use - Accessory Building to read: Accessory
Building where the total floor area is 72 sq. m. (796.54 sq.
ft.) or less; and
Discretionary Uses - Accessory Building to read: Accessory
Building where the total floor area is over 72 sq. m. (796.54
sq. ft.).
13. Part Four: (R2) (R3) (CC2) Districts:
Manufactured Dwelling to be listed as a Discretionary Use.
14. Part Four: (R1) (R2) (R3) (CC2) Districts:
Building Demolition to be moved from a Discretionary Use to
a Permitted Use.
15. Part Four: (R3) District - Remove the following under
Keeping of Animals:
(1) No livestock or poultry, with the exception of dogs, cats
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and such other domestic pets as are typically kept indoors,
shall be permitted.
16. Part Four: (CC2) District - Revise Maximum Building Area
to:
Maximum Floor Area
(1) Main Floor
602.78 sq. ft.
(2) Second Floor
602.78 sq. ft.
(3) Basement/Crawlspace
602.78 sq. ft.
17. Part Four: (CC2) District - Revise Maximum Building Height
to:
(1) 19.2 ft. for the overall building height, measured from the
highest natural point of elevation on the building
perimeter to the top of the highest ridge of the roof.
18. Part Four: (UR) District:
This section to be removed from the Land Use Bylaw, as this
District does not exist in the Summer Village of Birchcliff.
GIVEN FIRST READING on July 20th, 2017.
________________________________
Thom Jewell, Mayor
____________________________
Phyllis Forsyth, CAO
Public Hearing held on October 13th, 2017, at the Summer Village
Administration Office.
GIVEN SECOND READING on November 16, 2017.
GIVEN THIRD AND FINAL READING on November, 16,
2017.
______________________________
Thom Jewell, Mayor
______________________________
Phyllis Forsyth, CAO
Summer Village of Birchcliff Land Use Bylaw No. 170/13
1
BYLAW NO. 170/13
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF
LAND AND BUILDINGS IN THE SUMMER VILLAGE OF BIRCHCLIFF
WHEREAS the Municipal Government Act, and amendments thereto, authorize the
Council of a Municipality to enact a Land Use Bylaw to prohibit or regulate and control
the use and development of land and buildings within the Municipality.
NOW THEREFORE the Council of the Summer Village of Birchcliff in the Province of
Alberta, enacts as follows:
PART ONE: GENERAL
1.1
Short Title
This bylaw may be cited as "The Summer Village of Birchcliff Land Use Bylaw".
1.2
Purpose
The purpose of this bylaw is to, amongst other things,
(1)
Divide the municipality into districts;
(2)
Regulate and control or to prohibit the use and development of land and
buildings in each district;
(3)
Establish the office of the Development Officer;
(4)
Establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
(5)
Provide the manner in which notice of the issuance of a Development
Permit is to be given; and
(6)
Protect the shoreline and water quality of Sylvan Lake.
1.3
Definitions
In this Land Use Bylaw:
"accessory building(s)" means a building separate and subordinate to the main building,
the use of which is incidental to that main building and is located on the same parcel of land
and includes, in the residential district, such things as storage sheds garages, and a guest
Summer Village of Birchcliff Land Use Bylaw No. 170/13
2
house. Accessory buildings are not intended for commercial purposes and do not
include sea cans;
"accessory use" means a use customarily incidental and subordinate to the main use
and is located on the same parcel of land with such main use;
"adjacent land" means land or a portion of land that is contiguous to the land that
is the subject of an application and includes land or a portion of land that would
be contiguous except for a road, rail or utility right-of-way, river or stream;
"amenity space" means the area situated adjacent to a church camp cottage
intended for passive recreational purposes, consisting of soft landscaping
materials only, at grade patios and play areas and similar uses, but does not
include raised decks or balconies, parking stalls, aisles or access driveways;
"area" means the sites numbered 1 through 34 inclusive, as illustrated within Part
Four: Land Use District Regulations, Church Camp Cottage (CC2) District, that
were originally created by subdivision plan 4112 EO;
"assembly building" means a building used by more than one (1) individual for
religious, recreational and related activities;
"basement(s)" means a habitable portion of a building which is partly
underground, but which has more than fifty (50) percent of the distance, between
the floor level and the underside of the ceiling joists, above adjacent ground
elevation;
"breezeway(s)" means a roofed open passage connecting two (2) or more buildings;
"building(s)" includes anything constructed or placed on, in, over or under land
but does not include a highway or road or a bridge forming part of a highway or
road;
"building demolition" means the pulling down, tearing down, razing, or removal of a
building;
"building line" means a line, other than a parcel line, used to regulate the location of a
building or structure in relationship to the abutting street(s);
"building height" means the vertical distance of a building measured from the
average grade to the highest point of the building. The highest point of a
building shall be determined without considering an elevator housing, stairway
entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a
firewall, a parapet wall, a flagpole or similar device or feature not structurally
essential to the building;
"carriageway(s)" means that portion of the road right-of-way available for
vehicular movement. Included are travelling lanes, medians, parking and other
auxiliary lanes. Not included are drainage ditches, sidewalks and other
pedestrian areas;
Summer Village of Birchcliff Land Use Bylaw No. 170/13
3
"caveat" means a formal notice expressing an interest in a parcel registered at
Land Titles Office against the title to that parcel;
"cellar(s)" means a portion of a structure which is mainly underground, and which
has less than fifty (50) percent of the distance, between the floor level and the
underside of the ceiling joists, above adjacent ground elevation;
"church camp cottage(s)" means a building used by one (1) or more individuals as a
single housekeeping unit during vacations and religious retreats only and not to be
occupied by a permanent resident, and which is separate from any other building but
does not include a manufactured dwelling unit, guest house or temporary building;
"commission" means the Municipal Planning Commission;
"corner parcel" means a parcel abutting two or more streets, other than a lane, at their
intersection or abutting two parts of the same street forming an interior angle of less than
one hundred and thirty-five (135) degrees;
"Council" means the Council of the Summer Village of Birchcliff;
"decorative pond" means a man-made enclosed body of water for ornamental
purposes, which may include vegetation and fish;
"detached dwelling" means a residential building containing one (1) dwelling unit
and everything physically attached to said dwelling unit (e.g. breezeways and
attached garages), which is physically separate from any other residential building,
and does not include a manufactured dwelling unit;
"development" means:
(a)
An excavation or stockpile and the creation of either of them; or
(b)
A building or an addition to, or replacement or repair of a building
and the construction or placing in, on, over or under land of any of
them; or
(c)
A change of use of land or a building or an act done in relation to land
or a Building that results in or is likely to result in a change in the use of
the land or building; or
(d)
A change in the intensity of use of land or a building or an act done
in relation to land or a building that results in or is likely to result in a
change in the intensity of use of the land or building;
"Development Authority" means the person or persons appointed as the
Development Authority pursuant to Development Authority Bylaw No. 98-95, as
amended;
"Development Officer" means the person(s) appointed to the office established by this
bylaw;
Summer Village of Birchcliff Land Use Bylaw No. 170/13
4
"Development Permit" means a document authorizing a development issued
pursuant to this Land Use Bylaw;
"discretionary use(s)" means a use which may be compatible with other uses in the
district, for which a Development Permit may be issued upon an application having
been made;
"district(s)" means a land use district;
"drainage ditch" means a long narrow trench or furrow dug in the ground to
accommodate over-land drainage;
"driveway" means a vehicle access route between the carriageway of a public road
and a use on parcel;
"dwelling unit(s)" means a complete building or self-contained portion of a building
for the use of one (1) or more individuals living as a single housekeeping unit,
containing sleeping, cooking and separate toilet facilities intended as a residence not
separated from direct access to the outside by another separate or self-contained set
or suite of rooms;
"escarpment" means an extended linear topographical feature of relatively steep slope
and significant change in elevation, as per the diagrams below. Amended by Bylaw #199/17;
"finished ground elevation" means the elevation of the finished ground at any point
adjoining each exterior wall of a building or structure;
"flankage yard" means the side yard which abuts a street on a corner parcel;
"floor area" means the total area of the floor(s) in a building measured from the
outside of exterior walls and does not include basements, cellars, attached garages,
carports, or open porches;
"facia sign" means a sign attached to, marked or inscribed on and parallel to the face
of a building wall but does not include a billboard;
"fence(s)" means a physical barrier constructed from typical building material for the
purpose of providing privacy and/or preventing unauthorized access;
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"freestanding sign" means a sign that is supported independently of a building wall
or structure but does not include a portable sign;
"freestanding wall" means a wall that is supported independently of the exterior
walls of a church camp cottage;
"front parcel boundary" means, in the case of an interior parcel not abutting Sylvan
Lake, the boundary which abuts a street and in the case of a corner parcel not
abutting Sylvan Lake, the shorter of the two (2) boundaries which abut a street (see
sketch in Part Three: Supplementary Regulations);
"front yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the boundary of the parcel abutting the
lake or the Environmental Open Space District to the front wall of the
main building, situated on the parcel; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the front parcel boundary of the
parcel to the front wall of the main building situated on the Parcel
(see sketch in Part Three: Supplementary Regulations);
"grade" means the ground elevation established for the purpose of determining
building height. In determining grade, the Development Authority shall select from
the following methodologies, whichever one best ensures compatibility with
neighbouring developments:
(a)
If the applicant can show by reference to legal surveys that the pre-
development elevation of the subject parcel varies by no more than 1 m
in 30 lineal metres, the Development Authority may determine grade
by calculating the average of the highest and lowest elevation on the
parcel or above top of bank. Amended by Bylaw #199/17; or
(b)
The Development Authority may determine grade by calculating the
average of the pre-development elevations at the corners of the
parcel as shown on a reliable survey; or
(c)
The Development Authority may determine grade by calculating the
average elevation of the corners of the main buildings on all
properties abutting the subject parcel;
"guest house" means an accessory building containing sleeping facilities for
temporary usage only and may have a bathroom, but shall not have a kitchen or other
cooking facilities. A guest house provides overflow accommodation for a detached
dwelling located on the same parcel, is not available for rent by a third party, and does
not include recreational vehicles and sea cans;
"hard landscaped area" in R1, R2 and R3 Districts, means the use of non-vegetative
Summer Village of Birchcliff Land Use Bylaw No. 170/13
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material, such as but not limited to concrete or asphalt. In the CC1 District, means the
use of non-vegetative material, other than concrete or asphalt. Amended by Bylaw #202/18;
"high water mark" means the line that separates the Crown-owned bed and shore of
a water body from the adjacent private land is called the legal bank (defined in the
Surveys Act). Its location is synonymous with what is commonly known as the ordinary
high water mark. Amended by Bylaw #199/17;
"home occupation" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the
building. This shall not include any cannabis retail sales or cannabis production and
distribution; Amended by Bylaw #215/19
"landscaped area" means an area of land made attractive and desirable by the use of
any or all of the following: grass, trees, shrubs, ornamental plantings, fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage
containers, storage, parking lots or driveways;
"Land Use Bylaw" means Bylaw No. 170/13, and amendments thereto;
"land use district(s)" means an area as described in Part Four: Land Use District
Regulations and shown in Schedule A: Land Use District Map of this Land Use Bylaw;
"lane" means a public thoroughfare which provides a secondary means of access to a
parcel(s) and which is registered in a Land Titles Office;
"legal survey" means, in the context of land, is an official graphical representation of a
piece of land prepared by an accredited land surveyor. Critically the legal survey depicts
the location of a property's boundaries, their relationship to the underlying legal fabric
and easements and rights-of-way. Amended by Bylaw #199/17;
"main building" means a building in which is conducted the main or principal use of
the parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured dwelling unit(s)" means a factory constructed dwelling unit,
relocatable singly or in multiple modules;
"mechanized excavation, stripping and grading" means the use of motorized
equipment to remove, relocate or stockpile soil or vegetation in excess of normal
landscape maintenance requirements;
"municipality" means the Summer Village of Birchcliff;
"Municipal Government Act" means the Municipal Government Act, Chapter M-
26.1, Statutes of Alberta 1994, and amendments thereto;
"Municipal Planning Commission" means a commission established by the
Municipal Planning Commission Bylaw No. 171/13, as amended;
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"natural environment preservation area" means an area that is to be preserved
because it is unsuitable in its natural state for development and/or areas that are
desirable to be kept in their natural state;
"non-conforming building" means a building:
(a)
That is lawfully constructed or lawfully under construction at the date
this Land Use Bylaw or any amendment thereof affecting the building
or land on which the building is situated becomes effective; and
(b)
That on the date this Land Use Bylaw or any amendment thereof
becomes effective does not, or when constructed will not, comply with
the Land Use Bylaw;
"non-conforming use" means a lawful specific use:
(a)
Being made of land or a building or intended to be made of a building
lawfully under construction at the date that this Land Use Bylaw
affecting the land or building becomes effective; and
(b)
That on the date the Land Use Bylaw becomes effective does not, or in
the case of a building under construction will not, comply with the Land
Use Bylaw;
"outdoor storage and display" means the storage or display of equipment, goods or
materials in the open air;
"outline plan" means a detailed land use plan for a specified area of land which
conforms to all statutory plans and is used to relate a subdivision application to the
future subdivision and development of adjacent areas. An outline plan is adopted by
resolution of Council, pursuant to the Municipal Government Act;
"parcel(s)" means the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a Land Titles Office;
"parcel coverage" means the total percentage of the parcel area covered by
buildings or Structures, including but not limited to the main building and any
additions to it (e.g. covered decks), hard-surfaced parking facilities, driveways,
outdoor storage and display areas, hard landscaped areas and all other impervious
surfaces but does not include steps, eaves, or similar projections permitted in this
Land Use Bylaw;
"parcel(s), interior" means a parcel abutting only one (1) street other than a lane;
"parcel width" means the greater of either the width of the site at the building line or
the front parcel boundary of the parcel;
"park model trailer" means a recreational vehicle that conforms to CAN/CSA-Z241
Series-92 and is used for seasonal or recreational accommodation only; Amended by Bylaw
#215/19
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"parking facility or facilities" means a structure or an area providing for the parking of
motor vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery
and/or preservation for public recreation either active or passive;
"permanent resident" means a person, excluding a person(s) who occupies a cottage
in the Church Camp Cottage District:
(a)
with a valid Alberta driver's license and/or any government issued
identification which shows an address situate in the Summer Village
of Birchcliff; or
(b)
whose usual mailing address is in the Summer Village of Birchcliff; or
(d)
whose place of residence pursuant to the Local Authorities Elections
Act is the Summer Village of Birchcliff;
"permitted use(s)" means a use which is compatible with other uses in the district
and for which a Development Permit shall be issued provided it otherwise conforms
with this Land Use Bylaw;
"portable sign" means a sign which is not in a permanently installed or affixed
position;
"private development" means any development carried out by an individual;
"private pool" means any outdoor private swimming pool or hot tub, whether above or
below the ground, containing water for the purpose of swimming, wading or immersion
of human beings;
"projection" means part of a building or its accessory structures which projects
beyond the main walls into the yards;
"public and quasi-public use(s)" means a use of land or a building for purposes of
public administration and service and shall also include a building for the purpose of
assembly, instruction, culture, recreation or other community activity;
"public utility or utiliites" means a public utility as defined in the Municipal
Government Act;
"rear yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the rear wall of the main building
situated on the parcel to the boundary abutting the street; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
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abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the rear wall of the main building
situated on the parcel to the rear property boundary of the parcel
(see sketch in Part Three: Supplementary Regulations);
"recreation facilities" means a public building and grounds for community
entertainment, relaxation, social activity and other leisure needs;
"recreational vehicle(s)" means a vehicle or a portable structure designed to be used
as temporary sleeping accommodation for travel and recreation purposes. Recreational
vehicles include, but are not limited to, motor homes, campers, holiday trailers, fifth
wheels and park model trailers. Recreational vehicles do not include cottage models,
mobile homes, manufactured dwelling units or stick built units;
"registered owner(s)" means:
(a)
In the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land; or
(b)
In the case of any other land:
(i)
The purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered
against the certificate of title in the land and any assignee of
the purchaser's interest that is the subject of a caveat
registered against the certificate of title; or
(ii)
In the absence of a person described in paragraph (i), the
person registered under the Land Titles Act as the owner of the
fee simple estate in the land;
"removal of trees and/or shrubs" means the removal of trees and/or shrubs, or the
destruction thereof;
"reserve(s)" means a parcel of land owned and subject to the management of the
municipality and reserved for use as natural environment preservation areas or
walkways or parks or playgrounds separating areas used for different purposes, and
registered at the Land Titles Office as Reserve, Environmental Reserve or Municipal
Reserve lots;
"road(s) or roadway(s)" means land:
(a)
Shown as a road on a plan of survey that has been filed or registered in
a Land Titles Office; or
(b)
Used as a public road; and includes a bridge forming part of a public
road and any structure incidental to a public road;
"sea can(s)" means a shipping container, originally used or intended to be used for the
transportation of goods, not used as a moveable storage unit;
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"screen, screened or screening" means a fence, berm, hedge, wall or building used
to separate areas or functions which detract from the appearance of the street scene
and the view from the surrounding areas;
"setback(s)" means a distance additional to minimum yard requirements which may be
required on parcels adjacent to the roads;
"sight triangle(s)" means an area at the intersection of roads in which all buildings,
fences, vegetation and finished ground elevations shall be less than 1 m (3.28 ft.) in
height above the average elevation of the carriageway, in order that vehicle operators
may see approaching vehicles in time to avoid collision;
"side yard(s)" means a yard extending from the front yard to the rear yard between
the side boundary of the parcel and the wall of main building thereon (see sketch in
Part Three: Supplementary Regulations);
"sign(s)" means any word, letter, model, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction and its supporting
structure;
"soft landscaping" means the use of vegetative materials as part of a landscaped
area;
"street(s)" means any category of road except a lane;
"structural alterations" means altering the main building components which support a
building;
"Subdivision and Development Appeal Board" means the board established
pursuant to the Municipal Government Act;
"temporary building" means a building without any foundation below grade that is
intended to be on the parcel for a short-term basis and includes a soft-sided or other
structure designed to serve as a temporary garage, storage shelter or greenhouse, but
does not include an accessory building, or a guest house;
"trails" means an area used for hiking, cross-country skiing or other forms of non-
motorized recreational travel;
"top of bank" please refer to the "escarpment" definition and diagrams. Amended by
Bylaw #199/17;
"tourist home" means a dwelling unit operated as a temporary place to stay, with
compensation, and includes all vacation rentals of a dwelling unit. The characteristics
that distinguish a tourist home from a dwelling unit used as a residence may include
any of the following: the intent of the occupant to stay for short-term (30 days or less)
vacation purposes rather than use the property as a residence, the commercial nature
of a tourist home, the management or advertising of the dwelling unit as a tourist
home or "vacation rental", on website such as AirBnB or VRBO, the use of a system of
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reservations, deposits, confirmations, credit cards, or other forms of electronic payment
etc. No recreation vehicle or guest house shall be used as a tourist home. Amended
by Bylaw #202/18;
"use(s)" means a building or an area of land and the function and activities therein or
thereon;
"utility building(s)" means the building in which the proprietor of a utility:
(a)
Maintains its office(s); and/or
(b)
Maintains or houses equipment used in connection with the utility
and which is not a public utility right-of-way;
"walkway" means a public right of way for use by pedestrians only, which is registered
at the Land Titles Office as a walkway or a reserve; and
"yard(s)" means an open space on the same site as a building and which is
unoccupied and unobstructed from the ground upward except as otherwise provided
herein.
All other words and expressions have the meaning respectively assigned to them in the
Municipal Government Act.
1.4
Establishment of the Development Officer
(1)
Council shall appoint one (1) or more Development Officer(s) who shall
be designated officers within the meaning of the Municipal Government
Act;
(2)
The Municipal Planning Commission may act in place of a
Development Officer;
(3)
The Development Officer shall perform such duties that are specified
in this Land Use Bylaw, including among other things:
(a)
Keeping and maintaining for the inspection of the public during
all reasonable hours, a copy of this Land Use Bylaw and all
amendments thereto; and
(b)
Keeping a register of all applications for development, including
the decisions thereon and the reasons therefore.
1.5
Municipal Planning Commission
(1)
The Municipal Planning Commission:
(a)
Is authorized to act as the Development Authority in those
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matters prescribed in this bylaw and the Municipal Planning
Commission Bylaw No. 171/13, as amended;
(b)
Shall consider and if necessary state terms and conditions on
any other planning or development matter referred by the
Development Officer or Administration;
(c)
May direct the Development Officer or Administration to
review, research or make recommendations on any other
planning and development matter; and
(d)
Make recommendations to Council on planning and
development matters.
1.6
Establishment of Forms
(1)
For the purpose of administering the provisions of this Land Use Bylaw,
the Council shall, by resolution, authorize the preparation and the use of
such forms and notices as it may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of
this Land Use Bylaw in the execution of the purpose for which they were
designed, authorized and issued.
1.7
Establishment of Fees
Development Permit application fees and fees for other matters arising through
this Land Use Bylaw will be established by resolution of Council. Council may
at any time by resolution increase, decrease or establish new fees for matters
covered in this bylaw.
1.8
Establishment of Supplementary Regulations
Supplementary Regulations as set forth in Part Three hereto, are hereby
adopted by reference to be part of this Land Use Bylaw, and to be amended in
the same manner as any other part of this Land Use Bylaw.
1.9
Establishment of Land Use District Regulations
Land Use District Regulations as set forth in Part Four hereto, are hereby
adopted by reference to be part of this Land Use Bylaw, and to be amended in
the same manner as any other part of this Land Use Bylaw.
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1.10
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the municipality is divided into
the following districts:
Lakeshore Residential (R1)
Back-Lot Residential (R2)
Country Residential (R3)
Church Camp (CC1)
Church Camp Cottage (CC2)
Environmental Open Space (EOS)
(2)
The boundaries of the districts listed in subsection (1) are as delineated
on Schedule A: Land Use District Map. All roads, water courses and
lakes are excluded from the land use districts.
(3)
Where the location of district boundaries on Schedule A: Land Use
District Map is not clearly understood, the following rules shall apply:
(a)
A boundary shown as approximately following a parcel boundary
shall be deemed to follow the parcel boundary;
(b)
A boundary which does not follow a parcel boundary shall be
located by measurement of Schedule A: Land Use District Map;
and
(c)
A boundary location which cannot be satisfactorily resolved, shall
be referred to Council for an official interpretation.
1.11
Amendment of the Land Use Bylaw
(1)
Council on its own initiative may give first reading to a bylaw to amend
this Land Use Bylaw.
(2)
A person may make application to the Development Officer for
amendment to this Land Use Bylaw. The application shall include:
(a)
A statement of the specific amendment requested;
(b)
The purpose and reasons for the application;
(c)
If the application is for a change of district, the legal description
of the lands, or a plan showing the location and dimensions of the
lands;
(d)
The applicant's interest in the lands; and
(e)
An application fee to be established by resolution of Council.
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(3)
If the amendment is for the redesignation of land, the Development
Officer may require:
(a)
An outline plan for the area to be redesignated, to the level of
detail specified by the Development Officer; and
(b)
Payment of a fee equal to the costs incurred by the municipality
to review the proposed redesignation and/or related outline plan,
or if necessary to prepare an outline plan.
(4)
Upon receipt of an application to amend this Land Use Bylaw, the
Development Officer shall analyze the potential impacts of
development that would result from the proposed amendment. This
analysis must consider the full development potential for the proposed
amendment and shall, among other things, consider the following
impact criteria:
(a)
Relationship to and compliance with approved statutory plans and
Council policies;
(b)
Relationship to and compliance with statutory plans or outline
plans in preparation;
(c)
Relationship to and compatibility with the Sylvan
Lake Management Plan: 2000 Update;
(d)
Compatibility with surrounding development in terms of land use
function and scale of development;
(e)
Traffic impacts;
(f)
Relationship to, or impacts on, water and sewage systems, and
other public utilities and facilities such as recreation facilities
and schools;
(g)
Relationship to municipal land, right-of-way or
easement requirements;
(h)
Effect on stability, retention and rehabilitation of desirable
existing land uses, buildings, or both in the area;
(i)
Necessity and appropriateness of the proposed amendment
in view of the stated intentions of the applicant; and
(j)
Relationship to the documented concerns and opinions of
area residents regarding development implications.
(5)
Upon receipt of an application for amendment to this Land Use Bylaw,
the Development Officer shall determine when the application will be
placed before the Council and shall issue not less than five (5) days
notice to the applicant advising that he or she may appear before the
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15
Council at that time, and speak to the application. An application for
amendment shall be placed before the Council within sixty (60) days
of its receipt by the Development Officer.
(6)
Council, in considering an application for an amendment to this Land
Use Bylaw, may at its sole discretion:
(a)
Refuse the application; or
(b)
Refer the application for further information; or
(c)
Pass first reading to a bylaw to amend this Land Use Bylaw, with
or without conditions or amendments; or
(d)
Defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
Pass first reading of an alternative amendment to this Land Use
Bylaw, with or without conditions.
(7)
Following first reading of an amending bylaw, the Council shall:
(a)
Establish the date, time and place for a public hearing on
the proposed bylaw;
(b)
If a bylaw to establish procedures for public hearings has not
been passed:
(i)
Outline the procedures to be followed by any person,
group of persons or person representing them who wish
to be heard at the public hearing; and
(ii)
Outline the procedure for conducting the public hearing.
(8)
Following first reading of an amending bylaw, the Development Officer
must give notice of the public hearing by:
(a)
Publishing notice at least once a week for two (2)
consecutive weeks in at least one (1) newspaper or other
publication circulating in the area to which the proposed
bylaw relates; or
(b)
Mailing or delivering notice to every residence in the area to which
the proposed bylaw relates.
(9)
A notice of a public hearing must be advertised at least five (5) days
before the public hearing occurs.
(10)
A notice must contain:
(a)
A statement of the general purpose of the proposed bylaw and
public hearing;
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(b)
The address where a copy of the proposed bylaw and any
document relating to it or the public hearing may be
inspected; and
(c)
The date, place and time where the public hearing will be held.
(11)
In the case of an amendment to change the district designation of a
parcel of land, the Development Officer must, in addition to the
requirements of subsection (8);
(a)
Include in the notice:
(i)
The municipal address, if any, and the legal address of the
parcel of land; and
(ii)
A map showing the location of the parcel of land;
(b)
Give written notice containing the information described in clause
(a) and subsection (10) to the owner of that parcel of land at the
name and address shown on the certificate of title (or municipal
assessment role); and
(c)
Give written notice containing the information described in clause
(a) and subsection (10) to each owner of adjacent land at the
name and address shown for each owner on the assessment roll
of the municipality.
(12)
If the land referred to in subsection (11)(c) is in an adjacent municipality,
the written notice must be given to that municipality and to each owner
of adjacent land at the name and address shown for each owner on
the assessment roll of that municipality.
(13)
Notwithstanding subsection (7), the Land Use Bylaw may be amended
without giving notice or holding a public hearing if the amendment
corrects clerical, technical, grammatical or typographical errors and
does not materially affect the Land Use Bylaw in principle or
substance.
(14)
In the public hearing, Council:
(a)
Must hear any person, group of persons, or person representing
them, who claim(s) to be affected by the proposed bylaw and
who has complied with the procedures outlined by Council; and
(b)
May hear any other person who wishes to make
representations and whom the Council agrees to hear.
(15)
After considering the representations made to it about the proposed
bylaw at the public hearing and after considering any other matter it
considers appropriate, Council may:
(a)
Pass the bylaw;
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(b)
Refer it for further information or comment;
(c)
Make any amendment to the bylaw it considers necessary
and proceed to pass it without further advertisement or
hearing; or
(d)
Defeat the bylaw.
(16)
Prior to third reading of the proposed bylaw, Council may require the
applicant to apply for a Development Permit and negotiate a
development agreement in respect of the proposal which initiated the
application for amendment.
(17)
After third reading of the proposed bylaw, the Development Officer shall
send a copy of it to:
(a)
The applicant;
(b)
The registered owner of the land if not the applicant;
(c)
The municipality Planner; and
(d)
The adjacent municipality, if it received a copy of the proposed
bylaw pursuant to subsection (12).
(18)
The Development Officer shall not accept an application for an
amendment which is identical or similar to an application which was
refused by Council, for a period of three (3) months after the date of the
refusal unless, in the opinion of the Development Officer, the reasons
for refusal have been adequately addressed or the circumstances of the
application have changed significantly.
1.12 Sections Found Invalid
If one or more provisions of this Land Use Bylaw for any reason are declared to
be invalid, it is intended that all remaining provisions are to remain in full force
and effect.
1.13
Repeal
Land Use Bylaw 67-88 and all amendments thereto are hereby repealed.
READ A FIRST TIME the 6th day of May, 2013
READ A SECOND TIME the 19th day of September, 2013
READ A THIRD TIME and finally passed this 24th day of October, 2013
_
_
Mayor
Administrator
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Summer Village of Birchcliff Land Use Bylaw No. 170/13
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PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL
2.1
Purpose of Development Permits
Development Permits are required to ensure that all development is achieved in an
orderly manner.
2.2
Development Not Requiring a Development Permit
All development undertaken in the municipality requires an approved Development
Permit prior to commencement, except:
(1)
The carrying out of works of improvement, maintenance, repairs or renovation to
any, but not limited to, building, deck, driveway, patio provided that such works
do not include structural alterations, additions, drainage alterations or any
improvement that affect parcel coverage, and that the works comply with the
regulations of this Land Use Bylaw. Amended by Bylaw #199/17;
(2)
The completion of any development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that it is completed within twelve (12) months of the
date of commencement;
(3)
The use of any such development as is referred to in subsection (2) for the
purpose for which development was commenced;
(4)
The erection or construction of gates, fences, walls or other means of enclosures
less than 1 m (3.28 ft.) in height in front yards and less than 2 m (6.56 ft.) in
other yards, and the maintenance, improvement and other alterations of any
gates, fences, or walls or other means of enclosure;
(5)
A temporary building other than a dwelling unit, the sole purpose of which is
incidental to the carrying out of a development for which a permit has been
issued under this Land Use Bylaw;
(6)
The installation, maintenance and repair of public utilities:
(a)
For the maintenance of private sewer systems that can be undertaken
without excavation of all or part of the system.
(7)
Any development carried out by or on behalf of the Crown;
(8)
Any development carried out by or on behalf of the municipality provided that
such development complies with all applicable provisions of this Land Use
Bylaw;
(9)
Any accessory building with a floor area of 11.15 m² (120.02 ft²) or less and
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height of 2.50 m (8.20 ft.) or less, including garden or tool sheds, workshops,
potting sheds and other similar structures provided that they are moveable and
provided they otherwise comply with the provisions of Sections 1(1) and 1(2) in
Part Three: Supplementary Regulations of this Land Use Bylaw;
(10)
Development specified in Section 618 (1) and (4) of the Municipal
Government Act, which includes:
(a)
A highway or road;
(b)
A well or battery within the meaning of the Oil and Gas Conservation Act;
(c)
A pipeline or an installation or structure incidental to the operation of a
pipeline; or
(d)
Any other thing specified by the Lieutenant Governor in Council by
regulation, which includes but is not limited to construction of buildings
or the construction or installation of equipment, navigational aids, and
communications systems for use in connection with the operation of
airports owned by or on land vested in the Crown in right of Canada, the
Crown in right of Alberta, or a municipal corporation.
(11)
The erection of one (1) unilluminated sign of the following nature and size for
each use within a building or on a parcel, provided such signs do not resemble
or conflict with traffic signs;
(a)
A facia sign or a freestanding sign for the purpose of identification,
direction and warning not exceeding 0.20 m² (2.15 ft²);
(b)
A facia sign or a freestanding sign relating to a person, partnership or
company carrying on a profession, business or trade not exceeding 0.30
m2 (3.23 ft2);
(c)
A facia sign or a freestanding sign relating to a religious, educational,
cultural, recreational or similar institution not exceeding 1 m2 (10.76 ft2);
(d)
A portable sign or notice, relating to the sale or lease of land or
buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a religious,
educational, cultural, political, or governmental nature not exceeding 3 m²
(32.29 ft²) and limited in display to the period of completion of the sale,
lease, construction or event; and
(e)
A flag attached to a single upright flag-pole.
2.3
Permission for Development
(1)
An application for a Development Permit shall be made to the Development
Officer in writing on the form prescribed by Council and shall be accompanied
by:
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(a)
A scaled site plan in duplicate showing proposed landscaped areas if
required, the legal description, the front yard, rear yard, and side yards,
if any; any provision for off-street loading and vehicle parking and access
and egress points to the parcel;
(b)
Confirmation from the Energy Resources Conservation Board identifying
the presence or absence of abandoned oil and gas wells;
(c)
All scaled floor plans (including basements), elevations (including
basement), sections, storm water disposal plans and existing and
proposed grade elevations, sewage treatment and water supply details,
in duplicate;
(d)
A surveyor's certificate specifying the location of any buildings on the
parcel or, in the case of undeveloped parcels, indicating the posting of
the parcel boundaries;
(e)
A statement of existing and proposed uses;
(f)
A statement of registered ownership of land and interest of the applicant
therein together with a copy of the Certificate of Title indicating ownership
and encumbrances. Applications for development at or of church camp
cottages shall be accompanied by a letter of authorization from the
Director(s) of the Church Camp, indicating their approvals of the proposed
development and its entirety. Amended by Bylaw #215/19
(g)
The estimated commencement and completion dates;
(h)
The estimated cost of the project or contract price;
(i)
Copies of all provincial and federal required documents relative to the
development. Amended by Bylaw #199/17; and
(j)
Such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development.
(2)
At the sole discretion of the Development Officer, an application for
Development Permit may be required to be accompanied by:
(a)
A geotechnical report, assessment or investigation prepared by a
qualified geotechnical engineer for any proposed development,
redevelopment, clearing or grading, excavating or adding fill within
escarpment areas having ten (10) percent or greater slopes. The
proposed development plan must show slope setback distances, cross-
sections of the slope area both before and after development and final
grading. The height and existing angle of the slope shall be verified by
accurate historical survey data or site specific information completed by a
qualified surveyor;
(b)
A geotechnical report, prepared by a qualified geotechnical engineer,
outlining seasonally adjusted and recommended water tables, location of
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on-site storage of sewage, and recommended building foundations,
basement construction and soil bearing capabilities;
(c)
A visual impact assessment prepared by a qualified professional that
assesses the impact of new development on view corridors and provides
mitigation steps;
(d)
An environmental review prepared by a qualified professional, which shall
include but is not limited to:
(i)
A description of the environmental sensitivity of the lands
proposed for development and the surrounding area;
(ii)
The identification of the nature and significance of any adverse
impacts associated with the proposed development during
construction;
(iii)
The identification of the nature and significance of any adverse
impacts associated with activities that will result from the
development;
(iv)
The inclusion of an environmental protection plan to:
I.
Alleviate any adverse impacts;
II.
Monitor the performance of the environmental measures;
and
III.
Identify any residual impacts and their significance on
any or all of the following: fish and wildlife, vegetation, soils
and terrain, water quantity and quality, shoreline, surface
drainage and aquifers.
(3)
If the intended development will involve the removal of trees and/or shrubs,
the Development Permit application shall also include:
(a)
A plan showing the existing trees and/or shrubs, identification of the trees
and/or shrubs to be removed, and a statement or plan showing proposed
replacement trees and/or shrubs;
(b)
A statement on why the trees and/or shrubs are proposed to be removed;
(c)
Details outlining the measures that will be taken to ensure the integrity of
trees and/or shrubs adjacent to those proposed to be removed is not
compromised; and
(d)
A statement may be required, at the discretion of the Development
Officer, from a qualified environmental specialist or another qualified
professional assessing the implications of the removal of trees and/or
shrubs will have on Sylvan Lake water quality, habitat and slope stability
if applicable.
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(4)
The Development Authority may refuse to accept an application for
Development Permit where the information required by subsection 2.3(1), 2.3(2)
and/or 2.3(3) has not been supplied or where, in the opinion of the Development
Authority, the quality of the material supplied is inadequate to properly evaluate
the application.
(5)
The Development Authority may deal with an application and make a decision
without all of the information required by subsection 2.3(1), 2.3(2) and/or 2.3(3), if
it is the opinion of the Development Authority that a decision on the application
can be properly made without such information.
(6)
Each application for a Development Permit shall be accompanied by a non-
returnable processing fee, the amount of which shall be determined from time to
time by resolution of Council.
(7)
The Development Officer shall:
(a)
Receive all applications for a Development Permit;
(b)
Refer all applications for development which would result in permanent
overnight accommodation, including dwelling units, or public facilities to
the Energy Resources Conservation Board, if any of the land which is the
subject of the application is within 1.50 km (0.93 miles) of a sour gas
facility and the proposed development is not, in the opinion of the
Development Authority, an infill development;
(c)
Refer any application to an adjacent municipality or any other agency or
person which in his opinion may provide relevant comments or advice
respecting the application;
(d)
Consider and decide on applications for Development Permit which
meet the standards of this Land Use Bylaw for permitted uses; and
(e)
Refer with his/her recommendations, to the Municipal Planning
Commission for its consideration and decision on all other applications
for a Development Permit.
(8)
For a permitted Use in any district:
(a)
The Development Officer shall approve, with or without conditions, an
application for a Development Permit where the proposed development
conforms in every respect to this Land Use Bylaw, the Municipal
Government Act, Subdivision and Development Regulations, approved
statutory plans, and the Sylvan Lake Management Plan: 2000 Update; or
(b)
Subject to the provisions of section 2.4(2), the Development Officer shall
refuse an application for a Development Permit if the proposed
development does not conform in every respect to this Land Use Bylaw;
(c)
If an application for a Development Permit for a permitted use does not
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conform to the requirements of this Land Use Bylaw, the Municipal
Government Act and Subdivision and Development Regulations,
approved statutory plans, and the Sylvan Lake Management Plan: 2000
Update, the Development Officer:
(i)
May refuse the application giving reasons for the refusal; or
(ii)
May approve the application subject to conditions to ensure that
the application conforms to the requirements of the Land Use
Bylaw, the Municipal Government Act and the Subdivision and
Development Regulation, approved statutory plans, and the
Sylvan Lake Management Plan: 2000 Update; or
(iii)
May approve the application pursuant to section 640(6).
(9)
For a discretionary use in any district:
(a)
The Municipal Planning Commission may approve an application for a
Development Permit with or without conditions, based on the merits of
the proposed development including its relationship to any approved
statutory plan, non-statutory plan or approved policy affecting the site:
(i)
Where the proposed development conforms in every respect to
this Land Use Bylaw; or
(b)
The Municipal Planning Commission may refuse an application for a
Development Permit based on the merits of the proposed development,
even though it meets the requirements of this Land Use Bylaw; or
(c)
Subject to the provisions of section 2.4(2), the Municipal Planning
Commission shall refuse an application for a Development Permit if the
proposed development does not conform in every respect to this Land
Use Bylaw.
(10)
The Development Authority may require with respect to a development that,
as a condition of issuing a Development Permit, the applicant:
(a)
Submit a surveyor's certificate at the footings stage specifying the location
of the development on the parcel; and
(b)
Enter into an agreement with the municipality to do all or any of the
following:
(i)
To construct or pay for the construction of a road required to give
access to the development;
(ii)
To construct or pay for the construction of pedestrian
walkway systems;
(iii)
To install or pay for the installation of utilities that is necessary to
serve the development;
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(iv)
To construct or pay for the construction of off-street or other
parking facilities, loading and unloading facilities;
(v)
To pay an off-site levy or redevelopment levy imposed by bylaw;
(vi)
To require the applicant to be responsible for the repair of any
damage to municipality lands and works including but not
necessarily confined to roads, drainage courses, trees and
fences; and
(vii)
To give security to ensure that the terms of the agreement under
this section are carried out;
(c)
To pay to the municipality the costs paid by the municipality to any
Engineer or any other person for materials testing, inspections,
monitoring of construction, review of construction drawings, and legal
costs and expenses to which the municipality is put in connection with
the development agreement and agreement relates;
(d)
To whom a Development Permit has been issued shall obtain, where
applicable, from the appropriate authority, permits relating to building,
electricity, gas, plumbing and sewage disposal, and all other permits
required in connection with the proposed development;
(e)
Shall be financially responsible during construction for any damage
caused by the applicant, his/her servants, employees, suppliers, agents
or contractors to any public or private property; and
(f)
Confirm that arrangements for sewage disposal have been made.
(11)
Prior to imposing any condition upon the issue of a Development Permit
pursuant to section (9), the Development Authority shall consult with Council
as may be required in the circumstances and shall specify the terms and content
of the agreement in the condition in the Development Permit.
(12)
In the case where an application for a Development Permit has been refused
pursuant to this Part or ultimately after appeal, the submission of another
application for a permit on the same parcel and for the same or similar use of
land by the same or any other applicant may not be accepted by the
Development Authority for at least six (6) months after the date of the final
decision unless in the opinion of the
Development Authority the reasons for refusal have been adequately
addressed or the circumstances of the application have changed significantly.
(13)
After receipt of a development permit application, the Development Authority
shall give notice to the applicant by email as per the email address listed on the
Development Permit Application, that the application is deemed complete or
incomplete.
(a)
If the application is deemed incomplete, the notice shall contain any
outstanding documents and information required, and a date the
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outstanding documents and information shall be submitted, set out in the
notice or a later date agreed on between the applicant and the
Development Authority in order for the application to be considered
complete.
(b)
If the applicant fails to submit all the outstanding information and
documents on or before the date referred to in the email, the application is
deemed to be refused. The Development Authority must issue to the
applicant a notice by
ordinary mail.
2.4
Variances
(1)
The Municipal Planning Commission may grant a variance to reduce the
requirements of any use of the Land Use Bylaw and that use will be deemed to
comply with this bylaw.
(2)
The Municipal Planning Commission may approve an application for
Development Permit even though the proposed development does not comply
with this bylaw or is a non-conforming building if, in the opinion of the
Municipal Planning Commission:
(a)
The proposed development would not;
(i)
Unduly interfere with the amenities of the neighbourhood; or
(ii)
Materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land;
And
(b)
The proposed development conforms with the use prescribed for that
land or building in this bylaw.
(3)
In approving an application for development pursuant to subsections (2)(a) and
(2)(b), the Municipal Planning Commission shall adhere to the following:
(a)
A variance shall be considered only where warranted by the merits of the
proposed development and in response to irregular parcel lines, parcel
shapes or site characteristics which create difficulties in siting structures
within the required setback or in meeting the usual bylaw requirements;
(i)
Except as otherwise provided in this bylaw, there shall be no
variance from the following:
i.
Parcel coverage; and
ii.
Building height;
(b)
Where a variance is granted, the nature of the approved variance shall be
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specifically described in the Development Permit approval;
(c)
Where the issuance of a Development Permit involves the exercise of
any specified discretion of the Municipal Planning Commission to
relax a regulation of a district or any other regulation of this bylaw, the
Municipal Planning Commission shall not permit any additional
variance from that regulation.
Amended by Bylaw #202/18
2.5
Development Permits and Notices
(1)
A Development Permit issued pursuant to this Part does not come into effect
until twenty-one (21) days after the date on which notice of issuance of the permit
is given under subsection 4(a) or (b). Any development proceeded with the
applicant prior to the expiry of this period is done solely at the risk of the
applicant.
(2)
The date of issue of any permit shall be the date of notification pursuant to
subsection (4).
(3)
Where an appeal is made pursuant to Section 2.6 of this Part, a Development
Permit which has been issued shall not come into effect until the appeal has
been determined and the permit may be modified or nullified thereby.
(4)
On the same date a Development Permit is issued, the Development
Authority shall publicize a notice of the issuance of the permit in the form
described as follows:
(a)
For permitted and discretionary uses:
i.
Mail a notice of the decision to all persons whose use, enjoyment
or value of property may, in the opinion of the Development
Authority, be affected; and
ii.
Post a notice of the decision on the Summer Villages' website.
(5)
If the development Authorized by a permit is not commenced within twelve (12)
months from the date of its issue, or the date of decision of the Subdivision and
Development Appeal Board upon appeal, nor carried out with reasonable
diligence as determined by the Development Authority, the permit ceases to be
effective, unless an extension to this period, being no longer than an additional
twelve (12) months, has previously been granted by the Development
Authority.
(6)
The exterior of any building shall be completed within twelve (12) months and
the landscaping of the parcel shall be completed within two (2) years of the date
of issue of the Development Permit.
(7)
A decision of the Development Authority on an application for a Development
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Permit shall be given in writing and a copy of it sent or hand delivered to the
applicant.
(8)
When the Development Authority refuses an application for a Development
Permit, the decision shall contain reasons for the refusal.
Amended by Bylaw #202/18
2.6
Appealing a Decision
(1)
The applicant for a Development Permit may appeal to the Subdivision and
Development Appeal Board if the Development Authority:
(a)
Refuses or fails to make a decision on a Development Permit within
forty (40) days of receipt of a completed application or within any
extension granted by the applicant under Section 684 of the Municipal
Government Act; or
(b)
Issues a Development Permit subject to conditions.
(2)
In addition to the applicant, any person affected by a Development Permit or the
decision on it, may appeal to the Subdivision and Development Appeal Board.
(3)
Notwithstanding Sections 2.6 (1) and (2), no appeal lies in respect of the
issuance of a Development Permit for a permitted use unless the provisions of
this bylaw are relaxed, varied or misinterpreted.
(4)
An appeal by an applicant must be commenced within twenty-one (21) days of
the notification of the decision or when the forty (40) day period or any time
extension expires. An appeal by any other affected person must be made within
twenty-one (21) days of the notice of the issuance of the permit was given.
Amended by Bylaw #202/18.
2.7
The Appeal Process
(1)
The Subdivision and Development Appeal Board must hold an appeal hearing
within thirty (30) days after receipt of a notice of appeal.
(2)
The Subdivision and Development Appeal Board must give at least five (5)
days notice in writing of the hearing:
(a)
To the appellant;
(b)
To the Development Authority whose order, decision or Development
Permit is the subject of the appeal; and
(c)
To those registered owners required to be notified under the Land Use
Bylaw and any other person that the Subdivision and Development
Appeal Board considers to be affected by the appeal and should be
notified.
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(3)
The Subdivision and Development Appeal Board must make available for
public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal including:
(a)
The application for the Development Permit, the decision and the notice
of appeal; or
(b)
An order issued pursuant to section 645 of the Municipal Government
Act.
(5)
The Subdivision and Development Appeal Board shall hold a hearing,
consider, and make and issue a decision on an appeal pursuant to the provisions
of Sections 686 and 687 of the Municipal Government Act.
(6)
The decision of the Subdivision and Development Appeal Board is binding
except on a question of jurisdiction or law, in which case the appellant may
appeal to the Court of Appeal pursuant to the provisions of Section 688 of the
Municipal Government Act.
2.8
Cancellation
The Development Authority may cancel a Development Permit if:
(1)
The permit was issued in error; or
(2)
The permit was issued on the basis of incorrect information.
2.9
Compliance with other Legislation
(1)
Compliance with the requirements of this Land Use Bylaw does not exempt any
person from:
(a)
The requirements of any federal, provincial or municipal legislation; and
(b)
Complying with any easement, covenant, agreement or contract affecting
the development.
2.10
Contravention and Enforcement
(1)
The provisions of this bylaw may be enforced by way of stop order, injunction or
such other relief as may be available under the Municipal Government Act,
including the following:
(a)
Where the Development Officer finds that a development or use of
land or building is not in accordance with Part 17 of the Municipal
Government Act, this Land Use Bylaw, the Subdivision and
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Development Regulation, a Development Permit or subdivision
approval, the Development Officer may, by notice in writing, order the
registered owner, the person in possession of the land or buildings or
the person responsible for the contravention or all or any of them to:
(i)
Stop the development or use of the land or building in whole or
in part as directed by the notice; or
(ii)
Demolish, remove or replace the development; or
(iii)
Carry out any other actions required by the notice so that the
development or use of the land or building complies with Part 17
of the Municipal Government Act, the Subdivision and
Development Regulation, this Land Use Bylaw, a Development
Permit or subdivision approval;
within the time set out in the notice.
(b)
Any person who receives an order under subsection (1) may appeal to
the Subdivision and Development Appeal Board pursuant to this Land
Use Bylaw.
(c)
The municipality may register a caveat under the Land Titles Act in
respect of an order referred to in subsection (1) against the certificate of
title for the land that is the subject of the order. A caveat registered under
this subsection must be discharged once the order has been complied
with.
(d)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act
within the time specified, the municipality may seek a court order from
the Court of Queen's Bench for any or all of the following:
(i)
A declaration that the person who received an order is in breach
of the Land Use Bylaw, an order issued under the Land Use
Bylaw and/or the Subdivision and Development Appeal
Board's decision relating to an appeal of an order;
(ii)
An injunction ordering the person who received an order referred
to in subsection (1) to comply with the Land Use Bylaw within a
certain period of time;
(iii)
An order providing that, if compliance has not been achieved
within the period stated in the court order, that the municipality or
persons appointed by it has the right to enter upon the land and
building and take steps necessary to achieve compliance with the
Land Use Bylaw;
(iv)
An order that legal costs and the costs to achieve compliance
incurred by the municipality may be added to the tax roll for the
Summer Village of Birchcliff Land Use Bylaw No. 170/13
31
land that is the subject of the court order;
(v)
A provision that the court order may be registered against the
certificate of title for the land that is the subject of the court order
and discharged only on full compliance with the court order.
(e)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act
within the time specified, the Council or persons appointed by it may, in
accordance with the Municipal Government Act, enter upon the land or
building and take such action as is necessary to carry out the order.
(f)
Where the Council or persons appointed by it carries out an order, the
Council may cause the costs and expenses incurred in carrying out the
order to be placed on the tax roll of the property that is subject of the
order.
(2)
The Development Officer may inspect premises in accordance with the
provisions of the Municipal Government Act where there are reasonable grounds
to believe that the premises are being used in contravention of this bylaw. Without
limiting the generality of the foregoing, such reasonable grounds would include:
(a)
Complaints from the public that the premises are being used contrary to the
bylaw;
(b)
The observations of the Development Officer that there is excessive
traffic, parking problems, accumulated debris in a yard or other apparent
breach of this bylaw.
2.11
Offences and Penalties
(1)
A person who contravenes or does not comply with a provision of Division 5 of
Part 13, or Part 17 of the Municipal Government Act, or this Land Use Bylaw,
or who obstructs or hinders any person in the exercise or performance of their
powers under Part 17 or regulations under Part 17 of the Municipal
Government Act, is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) is liable upon
summary conviction to a fine of not less than $250 and not more than $10,000 or
to imprisonment for not more than one (1) year, or to both fine and imprisonment.
(3)
Development Permit applications submitted after site preparation or
construction has commenced may be subject to the increased fee provisions
described in the fee schedule adopted by Council resolution in accordance with
this Land Use Bylaw.
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Summer Village of Birchcliff Land Use Bylaw No. 170/13
33
PART THREE: SUPPLEMENTARY REGULATIONS
1.
Buildings
1(1)
Accessory Buildings in R1 District
(a)
Subject to the provisions of subsections (b) and (c) of this section,
accessory building shall be sited having regard to their:
(i)
Environmental impact;
(ii)
Use;
(iii)
Accessibility; and
(iv)
Location in relation to other buildings on the parcel and the
future use and/or subdivision of the parcel.
(b)
An accessory building on a parcel abutting Sylvan Lake or a reserve
parcel abutting Sylvan Lake shall be situated so that:
(i)
It is located within the minimum rear yard of any parcel;
(ii)
It is not closer to the front parcel boundary and the top of any
escarpment area or high water mark, as determined by the
Development Authority, than the front wall of the main building
or 15 m (49.21 ft.) whichever is the least; and
(iii)
On an interior parcel, a minimum of:
A. 1 m (3.28 ft.) from any side parcel boundary;
B. 6 m (19.69 ft.) from the rear parcel boundary; and
(iv)
On a corner parcel, are a minimum of:
A. 3 m (9.84 ft.) from any side boundary abutting a street, or a
reserve parcel;
B. 1 m (3.28 ft.) from the other side boundary; and
C. 6 m (19.69 ft.) from the rear parcel boundary.
(v)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the front parcel boundary
or side parcel boundary common to two (2) parcels provided the
accessory building serves the two (2) abutting parcels.
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34
(c)
An accessory building on a parcel not abutting Sylvan Lake or a
reserve parcel abutting the lake shall be situated so that:
(i)
On an interior parcel, a minimum of:
A.
1 m (3.28 ft.) from the side parcel boundary;
B.
3 m (9.84 ft.) from the rear parcel boundary;
C.
6 m (19.69 ft.) from the front parcel boundary; and
(ii)
On a corner parcel, a minimum of:
A.
3 m (9.84 ft.) from the side boundary abutting the street;
B.
1 m (3.28 ft.) from the other side parcel boundary;
C.
6 m (19.69 ft.) from the front parcel boundary; and
D.
3 m (9.84 ft) from the rear parcel boundary.
(iii)
Notwithstanding the above, an accessory building or any
portion thereof may be erected or placed on the rear or side
boundary common to two (2) parcels provided the accessory
building serves the two (2) abutting parcels.
(d)
Notwithstanding section 1(7)(b), an accessory building shall not be
more than 5 m (16.40 ft.) in building height measured from grade.
(e)
An accessory building erected or placed on a parcel shall not be used
as a dwelling unit.
(f)
The exterior of an accessory building must be finished to match or
compliment the exterior finish of the main building.
(g)
Accessory building's combined footprints shall be no larger than
6% of the parcel's total area, to a maximum of 2200 sq. ft. Amended
by Bylaw #199/17.
1(2)
Accessory Buildings in R2, R3 Districts
(a)
An accessory building shall be situated inside the minimum yard
requirements of the main building.
(b)
Accessory building's combined footprints shall be no larger than 6% of
the parcel's total area, to a maximum of 2200 sq. ft. Amended by Bylaw
#199/17.
(c)
Notwithstanding section 1(7)(b), an accessory building shall not be
more than 5 m (16.40 ft.) in building height measured from grade.
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(d)
The exterior of an accessory building must be finished to match or
compliment the exterior finish of the main building.
1(3)
Building Orientation and Design
The design, character and appearance of any building, or series of buildings,
structures or signs proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to the following:
(a)
Amenities such as daylight, sunlight and privacy;
(b)
The character of existing development in the district;
(c)
Impact of proposed development on adjacent parcels;
(d)
Crime Prevention Through Environmental Design (CPTED), principles to
discourage crime by reducing concealment opportunities, providing
lighting to minimize dark spaces, placing windows to maximize
surveillance, and easily identifiable addresses;
(e)
Proposed type of finish and use of building materials on all elevations
and the roof;
(f)
The exterior finish on all buildings shall be of permanent
material satisfactory to the Development Authority;
(g)
The roof pitch and width of the eaves;
(h)
The depth of the main building shall not be greater than three (3) times
its width;
(i)
The Development Authority may require additional building setbacks
in order to accommodate any local, area or natural drainage courses or
over land drainage issues. Surface drainage from one (1) parcel may
not be directed onto or over an adjacent lot without approval of the
Development Authority.
1(4)
Relocation of Buildings
(a)
No Person shall:
(i)
Alter the location on a parcel of a building which has already
been constructed on that parcel; or
(ii)
Place on a parcel a building which is to be relocated or
moved from a different parcel or location;
unless a Development Permit has been issued by the Development
Authority.
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(b)
In addition to the requirements of Section 2.3(1), the Development
Authority may require an application for a Development Permit to
be accompanied with:
(i)
Recent colour photographs showing all elevations of the building;
(ii)
A statement verifying the age, size and structural condition of the
building; and
(iii)
A statement of proposed improvements to the building.
(c)
An application for a Development Permit may be approved by the
Development Authority if the proposal meets all of the regulations
specified under the appropriate land use district in which it is proposed
to be located.
(d)
Where a Development Permit has been granted for the relocation of a
building either on the same parcel or from another location, the
Development Officer may require the applicant to provide a
performance bond of such amount to ensure completion of any
renovations set out as a condition of approval of a Development
Permit.
(e)
All structural and exterior renovations shall be completed within one
(1) year of the issuance of a Development Permit.
1(5)
Number of Buildings on a Parcel
A Development Permit shall not be issued for more than:
(a)
One (1) main building on an unsubdivided parcel; and
(b)
Two (2) accessory buildings on an unsubdivided parcel.
Amended by Bylaw #199/17.
1(6)
Building Demolition
An application to demolish a building shall not be approved without a
statement or plan which indicates:
(a)
How the operation will be carried out so as to create a minimum of dust
or other nuisances; and
(b)
The final reclamation of the parcel;
which is satisfactory to the Development Authority.
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1(7)
Guest Houses
(a)
A maximum of one (1) guest house is allowed on a parcel; and
(b)
An accessory building with a guest house above a garage shall
not exceed 7.62 m (25 ft.) in building height;
(c)
In situations where a detached dwelling is being rented out and there is
a guest house on the parcel, the guest house shall not be rented out to
a separate party than those renting the detached dwelling.
2.
Yards
2(1)
Yard Illustrations
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting
the lake:
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2(2)
Projections Over Yards
(a)
In the residential districts the portion of and attachments to a main
building or accessory building which may project over or on a
minimum yard are:
(i)
Side yards:
Any projection, including unenclosed steps or eaves, not
exceeding one-half of the minimum side yard required for the
building;
(ii)
Front yard and rear yard:
A.
Any projection not exceeding 2.50 m (8.20 ft.) over or on
a minimum front yard or rear yard;
B.
Unenclosed decks, if they do not project more than fifty
(50) percent of the minimum yard.
(b)
No portion of a building other than eaves, signs or canopies may
project into a public or private right-of-way.
Amended by Bylaws #215/19
2(3)
Objects Prohibited or Restricted in Yards
(a)
No person shall allow a recreational vehicle or other object which is in
a dilapidated or unsightly condition, or a derelict vehicle to remain or be
parked on a parcel in the residential districts, unless it is suitably
housed or screened to the satisfaction of the Development Authority.
(b)
A recreational vehicle parked on parcel with a dwelling unit in the
Residential districts may be used for living and sleeping
accommodation by:
(i)
Bona fide tourists for a maximum period of thirty (30) days
per annum; and
(ii)
The registered owner of the parcel, and his/her immediate
family, for one period of a maximum of sixty (60) consecutive
days following the issue of a Development Permit which
necessitates temporary
accommodation on the parcel. The Development Authority
may, at their sole discretion, allow one (1) extension of this
period, being no longer than an additional sixty (60) days.
(c)
A recreational vehicle shall not be parked on a vacant parcel except
Summer Village of Birchcliff Land Use Bylaw No. 170/13
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to provide temporary accommodation for the registered owner of the
parcel, and his/her immediate family, for:
(i)
One period of a maximum of sixty (60) consecutive days following
the issue of a Development Permit for a dwelling unit on the
parcel, provided that provisions, satisfactory to the Development
Authority, have been made for the disposal of sewage. The
Development Authority may, at their sole discretion, allow one
(1) extension of this period, being no longer than an additional
sixty (60) days; and
(ii)
Such other periods, not in excess of three (3) consecutive days
and a total of seven (7) days per annum, as may be approved by
the Development Authority to assist in the preparation of a
Development Permit application for the parcel.
(d)
No person shall allow a vehicle of more than 1,000 kg (2,204.62 lbs)
Gross Vehicle Weight to be parked or stored in residential districts,
except boats, boat trailers, school buses and recreational vehicles.
(e)
No person shall allow the parking or storage of a helicopter on a parcel.
3.1
Vehicles
3(1)
Driveways
(a)
The maximum width of a driveway shall be 10 m (32.80 ft.). Driveway
width shall be measured within the carriageway.
(b)
Driveways on corner parcels shall be setback from the street
intersection not less than 6 m (19.69 ft.). Amended by Bylaw #215/19
(c)
In residential districts, the number of driveways shall be limited to not
more than one (1) driveway on a property with less than or equal to 40
m (131.23 ft.) and not more than two (2) driveways for properties with
more than 40 m (131.23 ft.) of frontage. Amended by Bylaw #199/17.
(d)
Driveways shall be constructed in such a manner not to interfere with
the natural flow or absorption of water.
(e)
Where the road storm drainage flow will be impacted by the
construction of a driveway, at the discretion of the Development
Authority, driveways shall contain culverts and be graded to the
satisfaction of the municipality.
(f)
Driveways to be constructed of asphalt or gravel within the
carriageway (between the road and private property line). Amended by
Bylaw #215/19
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3(2)
Detached Garages
(a)
Parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
(i)
In addition to the accessory building setbacks prescribed in
1(1) and 1(2), a detached garage shall be located a minimum of
6 m (19.69 ft.) from the rear parcel boundary if the overhead
doors of the garage face a lane, street or rear property
boundary.
(ii)
Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m
(39.37 ft.) in width; and
B.
Shall be located a minimum of 3.66 m (12 ft.) from the rear
parcel boundary.
(b)
Parcels not abutting Sylvan Lake or a reserve parcel abutting the lake:
(i)
In addition to the accessory building setbacks prescribed in
1(1) and 1(2), a detached garage shall be located a minimum of
6 m (19.69 ft.) from the front parcel boundary if the overhead
doors of the garage face a lane, street or front parcel
boundary.
(ii)
Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m
(39.37 ft.) in width; and
B.
Shall be located a minimum of 3.66 m (12 ft.) from the
front parcel boundary.
3(3)
Sight Lines at Intersections of Roadways
(a)
At the intersection of roadways, the Development Authority
may require the calculation of sight triangles where:
(i)
One or more rights-of-way is less than 15 m (49.21 ft.), or
(ii)
Regulated vehicle speed exceeds 50 km/h; or
(iii)
One of the carriageways is not centered in its right-of-way; or
(iv)
An intersection leg is curved or skewed; or
(v)
An intersection leg is sloped at two (2) percent or greater.
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(b)
Sight triangle calculations shall be in accordance with the
recommended methods of the Roads and Transportation Association of
Canada regarding crossing sight distances for roadways.
4.1
Miscellaneous
4(1)
Home Occupations
home occupations shall comply with the following:
(a)
A home occupation shall not include any use or operation which
detracts from the amenities of a residential neighbourhood, by way
of creating dangerous or objectionable conditions.
(b)
A home occupation shall be incidental and subordinate to both
the residential use and any accessory building.
(c)
There shall be no exterior display or advertisement, except as
provided for in section 2.2(11) of this Land Use Bylaw.
(d)
There shall be no outside storage or materials, commodities or
finished products.
(e)
No commodity other than the product or service of the home occupation
shall be sold on the premises.
(f)
No person other than a resident of the dwelling unit shall be employed.
4(2)
Private Pools and Decorative Ponds
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake, a
private pool or decorative pond shall be located:
(i)
At least 1.50 m (4.92 ft.) from the side parcel boundary and
front parcel boundary;
(ii)
In a front yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a front yard or the side yard
not adjacent to a public roadway;
(iv)
A decorative pond may be located in a rear yard if:
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft.)
from the rear and side property lines.
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting
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the lake, a private pool or decorative pond shall be located:
(i)
At least 1.50 m (4.92 ft.) from the side and rear property lines;
(ii)
In a rear yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a rear yard or the side yard
not adjacent to a public roadway;
(iv)
A decorative pond may be located in a front yard if:
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft.) from
the front parcel boundary and side property lines.
(c)
A private pool shall be enclosed by a secure lockable lid or fencing
equipped with gates that lock in accordance with the Alberta Building
Code in effect at the date of the application for Development
Permit.
(d)
Draining private pools other than directly into the sewer line of your
home, is prohibited (in accordance with the Sanitary Sewage Bylaw
#192/16). Pool and hot tub water, and their associated maintenance
products contain chemicals that may seriously harm aquatic plants,
fish, birds and animals when disposed of improperly. Amended by
Bylaw #202/18.
4(3)
Fencing
Within the Residential districts:
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake,
fences:
(i)
Located within a rear yard or side yard of a parcel shall
not exceed 2 m (6.56 ft.) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1
m (3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.)
in height;
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting
the lake, fences:
(i)
Located within a front yard or side yard of a parcel shall
not exceed 2 m (6.56 ft.) in height;
(ii)
Located within the rear yard of a parcel shall not exceed 1
Summer Village of Birchcliff Land Use Bylaw No. 170/13
43
m (3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.)
in height;
(c)
fence height shall be determined by measuring from the top of the fence
to the ground;
Within other districts, a fence shall be sited to the discretion of the
Development Authority.
4(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in the
opinion of the Development Authority may be hazardous to the public;
(b)
Where finished ground elevations are established, all grading
shall comply therewith;
(c)
All parcels shall be graded to ensure that storm water is directed to a
drainage ditch without crossing adjacent land, except as permitted
by the Development Authority;
(d)
All topsoil shall be retained on the parcel, except where it must
be removed for building purposes;
(e)
Finished ground elevations must be provided to the
Development Authority for any dwelling unit containing a
walkout basement;
(f)
Retaining walls greater than 1 m (3.28 ft.) in height above any adjoining
grade requires a Development Permit.
4(5)
Landscaping, Environmental Conservation and Development
The following standard of landscaping shall be required for all areas of a parcel
not covered by buildings, driveways, storage and display areas:
(a)
The conservation of existing trees and/or shrubs to the maximum
extent possible;
(b)
The retention, in their natural state, of:
(i)
Swamps, gullies and natural drainage courses;
(ii)
Unstable land;
(iii)
Land subject to flooding and/or located within a 1:100 year
Summer Village of Birchcliff Land Use Bylaw No. 170/13
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floodway or flood fringe area as determined by an engineer
or flood study;
(iv)
Escarpment or slope areas with a gradient of fifteen (15)
percent or greater; and
(v)
Land located below the top of the bank of any water body or
water course.
(c)
The appropriate screening of outside storage areas, parking facilities
and loading areas from adjacent buildings and roads
(d)
A sufficient depth of topsoil to facilitate growth in the soft landscaped
areas, with areas not planted to trees and shrubs being seeded to
grass, sodded or left with its natural grass cover; and
(e)
Completion of the landscaping within two (2) years of the date of issue of
the Development Permit.
4(6)
Replacement Trees and/or Shrubs
(a)
The required planting of replacement trees and/or shrubs to replace
those removed upon development of the parcel, shall be at the
discretion of the Development Authority;
(b)
As a condition of Development Permit, an irrevocable letter of credit
may be required, up to a value equal to the estimated costs of the
proposed replacement trees and/or shrubs, to ensure that the required
replacement trees and/or shrubs is carried out with reasonable
diligence. The conditions of the security being that:
(i)
If the replacement trees and/or shrubs are not completed in
accordance with the approved statement or plan showing the
proposed replacement trees and/or shrubs, then the
municipality shall use the security to complete the approved
replacement trees and/or shrubs;
(ii)
If the replacement trees and/or shrubs do not survive a two (2)
year maintenance period, the applicant must replace them to the
satisfaction of the Development Authority or forfeit the portion
of the amount fixed equal to the cost of replacing the affected
replacement trees and/or shurbs; and
(iii)
The irrevocable letter of credit will be released when the
replacement trees and/or shrubs have been completed to the
satisfaction of the Development Authority and upon expiration
of the two (2) year maintenance period.
4(7)
Subdivision Design Standards
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(a)
The subdivision authority shall, as a condition of subdivision approval,
require an environmental reserve (or a combination of environmental
reserve and environmental reserve easement) of not less than 30 m
(98.43 ft.) in width from the high water mark of Sylvan Lake and/or the
top of bank of watercourses to the lot line. A greater setback may be
required by the subdivision authority based on the recommendations of
a geotechnical study undertaken by a qualified professional.
4(8)
Public Property Regulations
(a)
Parking or leaving a vehicle on public property shall be in
accordance with the Summer Village of Birchcliff Traffic Bylaw No.
159-11;
(b)
The removal of trees and/or shrubs, excavation, grading or
drainage alteration on any municipal reserve, environmental reserve
or other municipal owned land, without expressed written approval
from the municipality, is prohibited;
(c)
Private development on any municipal reserve, environmental reserve
or other municipal owned land is prohibited;
(d)
The prohibition in subsection (c) does not apply to any uses listed in an
applicable land use district and subject to expressed written approval
from the municipality;
(e)
No person shall erect or cause to be erected any fence on any property
owned by the municipality without their expressed written approval.
5.1
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in Part Three: Supplementary
Regulations shall, in accordance with the following guidelines, be:
(1)
Separated from adjacent uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent uses;
(2)
At a density which is consistent with that prevailing in the area, unless otherwise
provided for in a statutory plan;
(3)
Set-back from any parcel boundary abutting a road or a reserve a sufficient
distance to ensure that the development will not be visually intrusive, having
regard to any possible changes in surrounding uses;
(4)
Of a height which will be consistent with that prevailing in the area;
(5)
Developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent roads; and
(6)
Developed in conformance with any applicable statutory plan policies.
Summer Village of Birchcliff Land Use Bylaw No. 170/13
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Summer Village of Birchcliff Land Use Bylaw No. 170/13
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PART FOUR: LAND USE DISTRICT REGULATIONS
LAKESHORE RESIDENTIAL DISTRICT (R1)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings and compatible uses, herein listed.
Permitted Uses:
Accessory Building where the total floor area is 72 m2 (796.54 ft2)
or less
Building Demolition
Deck/Stairs
Detached Dwelling
Driveway
Private Pool
Amended by Bylaws #199/17 & #215/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2 (796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Signs
Trails
Walkway
Amended by Bylaws #199/17 & #215/19
Minimum Parcel Area:
(1)
Parcels shall have:
(a)
a width of not less than 30.50 m (100.07 ft.); and
(b)
an area of not less than 1860 m2 (20,020.87 ft2.);
(c)
Parcels not complying with the foregoing and legally created prior to
promulgation of Alberta Regulation 132/78 (April 1978) are not subject
to foregoing, but shall have an area not less than 710 m² (7,642.38 ft2.)
Parcel Servicing:
(1)
No building may be erected or development commenced on parcels
which are not proposed to be served by a piped water or sewerage
system until arrangements, satisfactory to the Provincial Plumbing
Inspector, Alberta Labour and the Public Health Unit, have been made for
collection, storage, if any, and disposal of sewage. Amended by Bylaw #202/18
Summer Village of Birchcliff Land Use Bylaw No. 170/13
48
(2)
The Development Authority shall either refuse to issue a Development
Permit for any building, structure or works, unless arrangements under (1)
above have been completed, or issue a Development Permit subject to the
conditions that arrangements under (1) above shall be completed prior to the
commencement of the development.
(3)
The Development Authority may require that a caveat be registered against
the title respecting a deferred serving agreement notifying the owner(s) of the
development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the
development to said system(s) when such services become available. These
connection costs may include offsite as well as onsite costs.
(4)
Utility rights-of-way and/or easement agreements may also be required as a
condition of development approval to allow for connection to a municipal or
regional water and/or wastewater system.
(5)
Electrical power from the property line of any parcel to any building situate
on the parcel shall be constructed underground.
Site Development:
(1)
Unless otherwise provided in a development agreement registered by the
municipality by caveat on the title to any parcel the following provisions
shall apply:
(a)
Minimum front yard and rear yard:
(i)
7.50 m (24.61 ft.) to the habitable dwelling unit from the front
parcel boundary or the top of the escarpment or high water
mark, as determined by the Development Authority, whichever
is closest to the dwelling; and
(ii)
6 m (19.69 ft) to a garage attached to, and structurally part of, the
main building.
(b)
Minimum Side Yard:
(i)
1.50 m (4.92 ft.) or ten (10) percent of the parcel
width, whichever is greater, to a maximum of 3 m
(9.84 ft.); or
(ii)
As required by the Alberta Building Code, whichever is greater.
(c)
Maximum Parcel Coverage: Fifty (50) percent, other fifty (50) percent
shall remain as is or contain native grasses, trees, shrubs, or ornamental
plantings, satisfactory to the Development Authority. Amended by Bylaw
#202/18
(d)
Maximum Building Height: 10 m (32.80 ft.) measured from grade
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49
(e)
Minimum Floor Area:
(i)
One storey dwelling
92.90 m2 (1000 ft2)
(ii)
Two storey dwelling
130.01 m2 (1400 ft2)
(f)
Parking Requirements:
(i)
Detached dwellings shall have at least two (2) parking stalls
per dwelling;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
Each parking stall shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.50 m (18.04 ft.)
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
Tourist Homes:
(1)
Tourist Homes are not permitted within the Summer Village of Birchcliff.
Can you rent out your home for an evening, a weekend, a week, or a
few weeks at a time?
Amended by Bylaw #202/18
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Summer Village of Birchcliff Land Use Bylaw No. 170/13
51
BACK-LOT RESIDENTIAL (R2)
General Purpose:
To provide an area for very low density residential
development, north and adjacent to Birchcliff Road, in the form
of detached dwellings and compatible uses, herein listed.
Permitted Uses:
Accessory Building where the total floor area is 72 m2
(796.54 ft2) or less
Building Demolition
Deck/Stairs
Detached Dwelling
Driveways
Private Pool
Amended by Bylaws #199/17 & #215/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2
(796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Public and Quasi-Public Use
Signs
Trails
Walkway
Amended by Bylaws #199/17 & #215/19
Parcel Area:
(1)
Parcels not intended to be served by a public sewage system and a
public waterworks system shall have:
(a)
A width of not less than 45.70 m (150 ft.); and
(b)
Minimum area of 6,070.50 m2 (1.50 acres); and
(c)
A maximum area of 10,926.90 m2 (2.70 acres);
(2)
At least half of the proposed lots must be of the maximum area in
any subdivision.
Parcel Servicing:
(1)
No building may be erected or development commenced on parcels
which are not proposed to be served by a piped water or sewerage
system until arrangements, satisfactory to the Provincial Plumbing
Inspector, Alberta Labour and the Public Health Unit, have been made
Summer Village of Birchcliff Land Use Bylaw No. 170/13
52
for collection, storage, if any, and disposal of sewage. Amended by Bylaw
#202/18
(2)
The Development Authority shall either refuse to issue a Development
Permit for any building, structure or works, unless arrangements under (1)
above have been completed, or issue a Development Permit subject to the
conditions that arrangements under (1) above shall be completed prior to the
commencement of the development;
(3)
The Development Authority may require that a caveat be registered
against the title respecting a deferred serving agreement notifying the
owner(s) of the development of the requirement to contribute to the cost of
a municipal or regional water and/or wastewater system and, at their sole
cost, connect the development to said system(s) when such services
become available. These connection costs may include offsite as well as
onsite costs;
(4)
Utility rights-of-way and/or easement agreements may also be required
as a condition of development approval to allow for connection to a
municipal or regional water and/or wastewater system;
(5)
Electrical power from the property line of any parcel to any building
situate on the parcel shall be constructed underground.
Site Development:
(1)
Notwithstanding a development agreement registered by the municipality by
caveat on the title to any lot, the following provisions shall apply:
(a)
Minimum front yard and rear yard:
(i)
15.24 m (50 ft.) to the habitable dwelling unit from the
front parcel boundary; and
(ii)
15.24 m (50 ft.) to the habitable dwelling unit from the rear
parcel boundary.
(b)
Minimum Side Yard:
(i)
7.60 m (25 ft.) to the habitable dwelling unit from the side
parcel
boundary; except
(ii)
where the side yard adjoins a road right-of-way, then
the minimum side yard is 10.67 m (35 ft.).
(c)
Maximum Parcel Coverage: Thirty (30) percent, other seventy (70)
percent shall remain as is or contain native grasses, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority.
Amended by Bylaw #202/18
Summer Village of Birchcliff Land Use Bylaw No. 170/13
53
(d)
Floor Area:
(i)
The minimum floor area for a dwelling unit shall be:
(I)
One storey dwelling: 111.48 m2 (1200 ft2)
(II)
Two storey dwelling: 148.64 m2 (1600 ft2)
(e)
Maximum Building Height: 10 m (32.80 ft.) measured from grade
(f)
Parking Requirements:
(i)
Detached dwellings shall have at least two (2) parking stalls
per dwelling;
(ii)
For all other uses, parking stalls may be required at
theDevelopment Authority's sole discretion; and
(iii)
All parking stall shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.50 m (18.04 ft.).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
Amended by Bylaws #215/19
Tourist Homes:
(1)
Tourist Homes are not permitted within the Summer Village of
Birchcliff. Can you rent out your home for an evening, a weekend, a
week, or a few weeks at a time?
Amended by Bylaw #202/18
Summer Village of Birchcliff Land Use Bylaw No. 170/13
54
Summer Village of Birchcliff Land Use Bylaw No. 170/13
55
COUNTRY RESIDENTIAL DISTRICT (R3)
General Purpose:
To provide an area for land of low agricultural value to be
developed in the form of detached dwellings and compatible
uses, herein listed.
Permitted Uses:
Accessory Building where the total floor area is 72 m2 (796.54 ft2)
or less
Building Demolition
Deck/Stairs
Detached Dwelling
Driveway
Private Pool
Amended by Bylaws #199/17 & #215/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2
(796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Signs
Trails
Utility Building
Walkway
Amended by Bylaws #199/17 & #215/19
Parcel Area:
A detached dwelling shall be located on a lot that has an area of
at least three (3) acres but not more than six (6) acres.
Parcel Servicing:
(1)
No building may be erected or development commenced on parcels
which are not proposed to be served by a piped water or sewerage
system until arrangements, satisfactory to the Provincial Plumbing
Inspector, Alberta Labour and the Public Health Unit, have been made for
collection, storage, if any, and disposal of sewage. Amended by Bylaw
#202/18
(2)
The Development Authority shall either refuse to issue a Development Permit
for any building, structure or works, unless arrangements under (1) above have
been completed, or issue a Development Permit subject to the conditions that
arrangements under (1) above shall be completed prior to the commencement of
the development;
(3)
The Development Authority may require that a caveat be registered against
the title respecting a deferred serving agreement notifying the owner(s) of the
Summer Village of Birchcliff Land Use Bylaw No. 170/13
56
development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the
development to said system(s) when such services become available. These
connection costs may include offsite as well as onsite costs;
(4)
Utility rights-of-way and/or easement agreements may also be required as a
condition of development approval to allow for connection to a municipal or
regional water and/or wastewater system;
(5)
Electrical power from the property line of any parcel to any building situate
on the parcel shall be constructed underground.
Site Development:
(1)
Unless otherwise provided in the development agreement registered by the
municipality by caveat on the title to any lot, the following provisions shall apply:
(a)
Minimum front yard and rear yard:
(i)
15.24 m (50 ft.) to the habitable dwelling unit from the
front parcel boundary; and
(ii)
15.24 m (50 ft.) to the habitable dwelling unit from the rear
parcel boundary.
(b)
Maximum Parcel Coverage: Twenty-five (25) percent, other seventy-five
(75) percent shall remain as is or contain native grasses, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority. Amended
by Bylaw #202/18
(c)
Minimum Side Yard:
(i)
7.60 m (25 ft.) to the habitable dwelling unit from the side
parcel boundary, except where the side yard adjoins a road
right-of- way, then the minimum side yard is 10.67 m (35 ft.);
(ii)
Where the side yard adjoin a road right-of-way, then
the minimum side yard is 10.67 m (35 ft.).
(d)
Floor Area:
(i)
The minimum floor area for a dwelling unit shall be:
(I)
One storey dwelling: 111.48 m2 (1,200 ft2)
(II)
Two storey dwelling: 148.64 m2 (1,600 ft2)
(e)
Maximum Building Height:
(i)
Main Building:
10 m (33 ft.) measured from grade
Summer Village of Birchcliff Land Use Bylaw No. 170/13
57
(f)
Parking Requirements:
(i)
Detached dwellings shall have at least two (2) parking stalls
per dwelling;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.50 m (18.04 ft.).
Keeping of Animals:
(1)
Not more than two (2) dogs, excluding pups not weaned, shall be kept on a lot in
this district.
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
Tourist Homes:
(1)
Tourist Homes are not permitted within the Summer Village of Birchcliff.
Can you rent out your home for an evening, a weekend, a week, or a
few weeks at a time?
Amended by Bylaw #202/18
Summer Village of Birchcliff Land Use Bylaw No. 170/13
58
CHURCH CAMP DISTRICT (CC1)
General Purpose:
To provide an area for recreational and spiritual uses for the members of
the Alberta and the Northwest Territories District of the Pentecostal
Assemblies of Canada and other non-profit organizations for a non-profit,
non-commercial purpose.
Permitted Uses:
Nil
Discretionary Uses: Assembly Building
Accessory Building
Accessory Use
Deck/Stairs
Detached Dwellings for staff members (maximum 2 dwellings)
Dormitory Buildings
Gymnasium
Parking Facilities
Parks and Playgrounds
Recreation Vehicles [maximum fifty-seven (57) stalls]
Signs
Storage area for boats
Trails
Utility Building
Amended by Bylaw #215/19
Site Development:
All development proposals shall be accompanied by the "Site Development Plan" which
shall show the existing and proposed uses, the relationship between and the
architectural treatment of all buildings, the provision and treatment of open space and
the location and number of parking stalls provided and other circulation corridors. This
information is to be provided to the satisfaction of the Municipal Planning
Commission, and must have regard for the carrying capacity for the land, and
generally must conform to the following: Amended by Bylaw #215/19
(1)
Natural treed area to be retained to the fullest and represent a minimum of fifty
(50) percent;
(2)
Total building areas (based on occupant load), recreational vehicle stall area,
and parking areas not to exceed twenty (20) percent; and
(3)
Hard landscaped areas and soft landscaped areas not to exceed thirty (30)
percent;
(4)
No more than thirty-five (35) park model trailers are allowed in the thirty-five
(35) stall recreational vehicle, area known as "Western R.V. Park": Amended by
Bylaw #215/19
(a)
Park model trailers are welcome to a maximum of thirty-five (35) in the
church camp District (CC1) only. Amended by Bylaw #215/19
Summer Village of Birchcliff Land Use Bylaw No. 170/13
59
(b)
Wheels must remain on the unit at all times to facilitate the removal of the
unit;
(c)
No additions, including, park model trailer slide outs, Arizona rooms,
screened in porches, metal deck covers or basements are permitted;
(d)
Dimensions of the park model trailer shall not exceed:
(i)
Height, 4 m (13.12 ft.) measured from floor
(ii)
Width, 3.65 m (11.98 ft.)
(iii)
Length, 13 m (42.65 ft.)
(5)
Minimum Setback:
(a)
All structures shall be a minimum of 8 m (26.25 ft.) from any property line
including Birchcliff Road;
(b)
Recreational vehicles shall be a minimum of 3 m (9.84 ft.) from any
property line;
(c)
Decks may be constructed on one side of a recreational vehicle to a
maximum of the length of the trailer;
(d)
Any projection on the yards described in (b) are only allowed as
unenclosed decks and shall not exceed 2.44 m (8 ft.)in width;
Amended by Bylaw #215/19
(e)
All sheds shall not exceed the maximum size of 1.83 m (6 ft.) X 2.44 m (8
ft.) the shed shall not be more than 2.50 m (8.20 ft.) in building height
and shall not exceed the height of the recreational vehicle (trailer); and
(f)
All sheds shall be placed immediately adjacent to, or be incorporated in
the deck and/or recreational vehicle (trailer).
(6)
Maximum Building Height:
(a)
Dwellings:
5.49 m (18.01 ft.) measured from grade;
(b)
(c)
Gymnasium:
All other:
12.50 m (41.01 ft.) measured from grade; and
8 m (26.25 ft.) measured from grade.
(7)
Building Design:
(a)
The architecture of new buildings is to be a "rustic theme" in keeping
with the established character of the development.
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Servicing Requirements:
(1)
No building may be erected or development commenced on lots which are not
proposed to be serviced by piped water or sewage system until the owner
provides documentation ensuring that the development will conform to "The
Safety Codes Act".
(2)
The Development Authority shall either:
(a)
Refuse to issue a Development Permit for any building, structure or
works;
(b)
Unless arrangements under (1) above have been completed; or
(c)
Issue a Development Permit subject to the conditions that arrangements
under (1) above shall be completed prior to the commencement of the
development.
(3)
Electrical power from the property line of any parcel to any building situate
on the parcel shall be constructed underground.
Landscaping Requirements:
(1)
Details of an entrance landscaping feature and landscaped areas provided
within parking areas that result in creating more than twenty-five (25) stalls must
be provided in conjunction with a "Site Development Plan" to the satisfaction of
the Municipal Planning Commission; Amended by Bylaw #215/19
(2)
The Church Camp to be screened from adjacent uses by a treed buffer area to
a depth of 6 m (19.69 ft.) at the perimeter of the site;
(3)
Tree removal on the site shall be restricted to areas immediately adjacent to new
buildings and that form part of the circulation patterns, including, but not limited
to the following:
(a)
Loading and parking areas, pedestrian sidewalks, decks and balconies;
(b)
Soft landscaping and open space that enhance the siting of the
building.
Parking Regulations:
(1)
Parking shall attain the following minimum level of stall provision:
(a)
Places of assembly: one (1) stall per four (4) seats, and
(b)
Dormitory unit:
one (1) stall per two (2) persons being accommodated.
(2)
The Development Authority may adjust the above provision for parking to
allow for shared parking stalls, if it can be demonstrated that different uses
generate demand for the stalls at different times.
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61
(3)
Overflow parking provided for the Church Camp Cottage District may be
provided to a maximum of ninety-seven (97) stalls.
(4)
Accesses, totalling six (6), from Birchcliff Road, shall be reduced as per details
contained in the "Church Growth Plan" when the new proposed northern
entrance is constructed. All driveways shall be constructed to the satisfaction of
Council.
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
Summer Village of Birchcliff Land Use Bylaw No. 170/13
62
CHURCH CAMP COTTAGE DISTRICT (CC2)
General Purpose:
To provide an area for residential accommodation for the
members of the Alberta and the Northwest Territories District of
the Pentecostal Assemblies of Canada and their affiliates for
vacation and retreat purposes only and not to be occupied by a
permanent resident.
Permitted Uses:
Church Camp Cottages [maximum ninety-seven (97) in the
district]
Building Demolition
Decks, balconies, and porches
Amended by Bylaws #199/17
Discretionary Uses:
Beach area
Manufactured Dwelling
Parking Facilities
Parks and Playgrounds
Signs
Trails
Amended by Bylaws #199/17 & #215/19
Map showing Areas 1 - 34:
Summer Village of Birchcliff Land Use Bylaw No. 170/13
63
Site Development:
All Development Permit applications must include a surveyor's sketch showing all
buildings/cottages that are in the affected area(s) that are part of the Map showing
areas 1-34, that identify the site of the proposed new cottage and/or addition, as well as
provide the Development Authority with the following:
(1)
The location of the existing cottage and/or structures to be demolished if
applicable; and
(2)
The proposed cottage development, showing all dimensions, area of floor
area(s), including overhangs, decks and exterior stairs, and the dimensioned
distances to all existing structures within a 10 m (32.80 ft.) radius; and
(3)
The location of the water well for the proposed development as well as the
location of all existing water wells for the existing cottages identified within a 10
m (32.80 ft.) radius Amended by Bylaw #202/18; and
(4)
Confirmation that the proposed development meets the following yard
requirements:
(a)
Minimum 1.50 m (4.92 ft.) for one (1) yard only; and
(b)
Minimum 3 m (9.84 ft.) for two (2) yards; and
(c)
Minimum 5 m (16.40 ft.) for the remaining yard;
and/or where applicable:
(d)
7.50 m (24.61 ft.) from the top of the escarpment or high water mark; and
(e)
3 m (9.84 ft.) from Birchcliff Road; and
that all yards are to be provided by each cottage, and shall not overlap any yard
of an adjacent cottage; and
(5)
The location and provision for a minimum of 45 m2 (484.38ft2) of amenity space,
to be provided in one (1) of the above yards and consisting of soft landscaping
materials only; and
(6)
The location and provision for one (1) parking stall per cottage located in the CC2
District; and
(7)
An agreement signed by all adjacent cottage owners within a 10 m (32.80 ft.)
radius, stating their agreement to the proposed development, survey, and the
yards established by it; and
(8)
All new sheds shall be no larger than 4.46 m2 (48 ft2) and shall be
Summer Village of Birchcliff Land Use Bylaw No. 170/13
64
incorporated into the overall cottage design. The shed shall include only an
exterior passage door as no accessory building are permitted in this district;
(9)
Any projection on the yards described in (1) through (4) above, including
unenclosed decks, balconies, and steps over or on Yards shall not exceed one-
half the minimum Yard requirement; and
(10)
Decks and balconies can be covered if the same roofing material is used as the
main roof, but cannot be enclosed with any material including screens, windows,
and lattice; and
(11)
Decks may be constructed on a maximum of two (2) sides of the cottage,
provided the minimum amenity space has been provided; and
(12)
Fences, gates, freestanding walls, and other means of enclosure are not
permitted in this district.
Maximum Floor Area:
(1)
Main Floor
602.78 sq. ft.
(2)
Second Floor
602.78 sq. ft.
(3)
Basement/Crawlspace
602.78 sq. ft.
Amended by Bylaw #199/17
Maximum Building Height:
(1)
19.2 ft. for the overall building height, measured from the highest natural point
of elevation on the building perimeter to the top of the highest ridge of the roof.
Amended by Bylaw #199/17
Cottage Design:
(1)
All church camp cottages shall be erected upon a permanent, concrete
foundation wall or grade beam which completely encloses the area under the
cottage, and which is supported by footings or piers extending below the frost
line.
Servicing Requirements:
(1)
No building may be erected or development commenced on lots which are not
proposed to be serviced by a piped water or sewage system until the
owner/occupant provides documentation ensuring development conform to The
Safety Codes Act.
(2)
The Development Authority shall either refuse to issue a Development Permit
for any building, structure or works, unless arrangements under (1) above have
Summer Village of Birchcliff Land Use Bylaw No. 170/13
65
been completed, or issue a Development Permit subject to the conditions that
arrangements under (1) above shall be completed prior to the commencement of
the development.
(3)
Electrical power from the property line of any parcel to any building situate on
the parcel shall be constructed underground.
Parking Regulations:
(1)
Parking shall attain the following minimum level of stall provision:
(a)
Church camp cottages:
one (1) stall per cottage
(2)
The Development Authority may adjust the above provision for parking to allow
for shared parking stalls, if it can be demonstrated that different uses generate
demand for the stalls at different times.
(3)
Overflow parking provided for the Church Camp Cottage District may be provided
to a maximum of ninety-seven (97) stalls.
Amended by Bylaw #215/19
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
Summer Village of Birchcliff Land Use Bylaw No. 170/13
66
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS)
General Purpose:
To provide an area for the preservation of municipal land in
its natural state.
Permitted Use:
Natural Environment Preservation
Discretionary Uses:
Accessory Use
Mechanized Excavation, Stripping and Grading
Open storage of boat hoists, piers and rafts
Parks and Playgrounds
Signs (public)
Trails
Utility Building
Walkway
Any use that is similar, in the opinion of the
Development Authority, to the Permitted or
discretionary use described above.
Site Development:
(1)
Parking Requirements:
(a)
Parking stalls may be required at the Development Authority's sole
discretion; and
(b)
All parking stalls shall have a dimension of not less than 2.75 m (9.02
ft.) by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three:
Supplementary Regulations.