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Summer Village of Burnstick Lake
Land Use Bylaw
LAND USE BYLAW CONSOLIDATED 2023
1
Summer Village of Burnstick Lake
LAND USE BYLAW
NO. 94-2023
Office Consolidation
July 2023
Prepared by:
- The Summer Village of Burnstick Lake
Summer Village of Burnstick Lake
Land Use Bylaw
LAND USE BYLAW CONSOLIDATED 2023
2
Important Notice:
This document is a consolidation of the original Land Use Bylaw and amending bylaws
into a single publication for the convenience of users. The official Bylaw and all
amendments are available at the Summer Village of Burnstick Lake.
Office Consolidated Version Date: July 22, 2023
Bylaw Number
Purpose
Effective Date
Summer Village of Burnstick Lake
Land Use Bylaw
LAND USE BYLAW CONSOLIDATED 2023
3
SUMMER VILLAGE OF BURNSTICK LAKE BYLAW 94 - 2023
Land Use Bylaw
A bylaw of the Summer Village of Burnstick Lake in the Province of Alberta for the purpose of
repealing Land Use Bylaw 8/93 and adopting a Land Use Bylaw for the Summer Village of
Burnstick Lake.
WHEREAS a Land Use Bylaw has been prepared for the Summer Village of Burnstick Lake;
AND WHEREAS the foresaid Land Use Bylaw describes the way in which the future development
of the Summer Village may be carried out in an orderly and economic manner;
NOW THEREFORE, the Council of the Summer Village, duly assembled, and pursuant to the
authority conferred upon it by the Municipal Government Act, RSA 2000c. M-26 as amended,
enacts as follows:
1. This new Bylaw may be cited as the "Summer Village of Burnstick Lake Land Use Bylaw".
2. The Land Use Bylaw of the Summer Village of Burnstick Lake attached hereto as
Schedule "A" to this Bylaw is hereby adopted.
3. Bylaw 8/93, as amended, being the previous Land Use Bylaw of the Summer Village of
Burnstick Lake is hereby repealed.
4. This Bylaw may be amended by Bylaw in accordance with the Municipal Government
Act, RSA 2000c. M-26 as amended.
5. This Bylaw shall come into force upon receipt of third and final reading.
Introduced and Given First Reading this 17th day of June 2023.
Original Signed
Mayor
Original Signed
CAO
Public Hearing Held this 22nd day of July 2023.
Given Second Reading this 22nd day of July 2023.
Given Third and Final Reading this 22nd day of July 2023.
Original Signed
Mayor
Original Signed
CAO
Summer Village of Burnstick Lake
Land Use Bylaw
LAND USE BYLAW CONSOLIDATED 2023
4
SUMMER VILLAGE OF BURNSTICK LAKE
PROVINCE OF ALBERTA
LAND USE BYLAW NO 94-2023
GUIDE TO USING THE LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land and buildings can be developed in
the Summer Village. Regulations vary depending on the location and types of development.
Other Bylaws or regulations of the municipality, province or federal government must also be
followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it
works. The steps below provide a brief method for researching the scope of development
opportunities available for your property.
Step 1 - Determine Your Property's Land Use District
Locate the property in question on the Land Use Map attached as Appendix A of this Bylaw.
The map divides the Summer Village into Land Use Districts. Each District has a designation such
as "R" (Residential District). Note which Land Use District the property is located in.
Step 2 - Review the Regulations in Your District
Check the Table of Contents and find the district that you are interested in. Each Land Use
District is listed in Part 7. In each District you will find a list of permitted and discretionary uses,
and regulations.
Step 3 - Review Part 6 - General Land Use Regulations affecting all Districts
Review the Table of Contents to see if there are any general regulations that apply. For example,
Part 6 - General Land Use Regulations deals with such items as site conditions, decks, patios,
home occupations, bed and breakfast homes, and signs.
Step 4 - Evaluate Your Development Plans Using This Bylaw
Discuss your project with the Summer Village's Development Officer. They will assist you with
your application and explain the process, whether you are applying for a development permit,
subdivision, or Land Use Bylaw amendment.
PLEASE NOTE:
This page is intended only to assist the reader and does not form part of this bylaw.
Summer Village of Burnstick Lake
Land Use Bylaw
LAND USE BYLAW CONSOLIDATED 2023
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TABLE OF CONTENTS
1
PURPOSE AND SCOPE ................................................................................................. 7
1.1
Purpose................................................................................................................. 7
1.2
Scope .................................................................................................................... 7
1.3
Compliance With Other Legislation ..................................................................... 7
1.4
Sections Found Invalid ......................................................................................... 7
1.5
Measurements ..................................................................................................... 7
2
DEFINITIONS ................................................................................................................ 8
2.1
In this Land Use bylaw: ......................................................................................... 8
3
ADMINISTRATION ..................................................................................................... 16
3.1
Establishment Of Development Officer ............................................................. 16
3.2
Duties Of Development Officer .......................................................................... 16
3.3
Establishment of Forms ...................................................................................... 16
3.4
Establishment of Fees ........................................................................................ 16
3.5
Establishment of the Municipal Planning Commission ...................................... 16
3.6
Establishment of the Subdivision and Development Appeal Board .................. 16
3.7
Amendment of the Land Use Bylaw ................................................................... 17
4
DEVELOPMENT APPLICATION PROCESS, CONTRAVENTION AND APPEAL ............... 20
4.1
Control of Development ..................................................................................... 20
4.2
Development Not Requiring a Development Permit ......................................... 20
4.3
Development Application .................................................................................. 21
4.4
Decision .............................................................................................................. 23
4.5
Effective Date of Development Permit .............................................................. 24
4.6
Public Notification .............................................................................................. 25
4.7
Development Agreement ................................................................................... 25
4.8
Enforcement, Contravention ............................................................................. 25
4.9
Offences and Penalties: ...................................................................................... 26
4.10
Compliance with Other Legislation ................................................................ 26
4.11
Permit Cancellation ........................................................................................ 26
5
DEVELOPMENT APPEAL PROCESS ............................................................................. 27
5.1
Procedure for Appeals ........................................................................................ 27
5.2
Decision .............................................................................................................. 28
6
GENERAL LAND USE REGULATIONS .......................................................................... 29
6.1
Applicability ........................................................................................................ 29
6.2
Subdivision of Land ............................................................................................ 29
6.3
Number Of Dwelling Units ................................................................................. 29
6.4
Non-Conforming Buildings and Uses ................................................................. 29
6.5
Site Conditions ................................................................................................... 30
6.6
Development Design and The Preservation and Enhancement of Environmental
Quality ........................................................................................................................... 30
6.7
Building Demolition ............................................................................................ 31
6.8
Fences, Walls, Hedges, Enclosures ..................................................................... 31
6.9
Retaining Walls ................................................................................................... 31
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6.10
Decks and Balconies ....................................................................................... 32
6.11
Sanitary Facilities ............................................................................................ 32
6.12
Access to Property .......................................................................................... 32
6.13
Objects Prohibited or Restricted in Yards ...................................................... 32
6.14
Nuisance ......................................................................................................... 33
6.15
Accessory Buildings ........................................................................................ 33
6.16
Signs and Advertising Structures .................................................................... 33
6.17
Recreational Vehicles ..................................................................................... 33
6.18
Manufactured Homes ..................................................................................... 34
6.19
Tourist Homes ................................................................................................. 34
6.20
Home Occupations ......................................................................................... 35
6.21
Relocation Of Buildings ................................................................................... 35
6.22
Soft Sided Buildings ........................................................................................ 36
6.23
Sea Cans .......................................................................................................... 36
6.24
Antenna Structures Including Satellite Dishes ............................................... 36
6.25
Municipally Owned Lands............................................................................... 36
6.26
Guest House.................................................................................................... 37
6.27
Variances ........................................................................................................ 37
6.28
Feeding of Wildlife .......................................................................................... 38
6.29
Alternative Energy Collecting and Storing Devices ........................................ 38
6.30
Forms, Notices and Fees ................................................................................. 38
7
LAND USE DISTRICTS AND REGULATIONS ................................................................. 40
7.1
Establishment of Land Use Districts ................................................................... 40
7.2
Residential District - R ........................................................................................ 41
7.3
Municipal Reserve and Recreational District - MR ............................................ 44
7.4
Institutional (Public Utility) District - I ................................................................ 47
7.5
Environmental Reserve District - ER .................................................................. 47
8. APPENDIX A .................................................................................................................. 48
8.1 Land Use District Map ............................................................................................ 48
8
APPENDIX B ............................................................................................................... 49
8.1
Yard Setback Illustration .................................................................................... 49
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1
PURPOSE AND SCOPE
1.1
Purpose
1.1.1 This Bylaw may be referred to as "The Summer Village of Burnstick Lake Land Use Bylaw,"
and may be referred to within as "the Land Use Bylaw" or "the Bylaw.
1.1.2 The purpose of this bylaw is to regulate the use and development of land and buildings
within the Summer Village of Burnstick Lake to achieve the orderly, economical and
beneficial development of land, and to maintain and improve the quality of the physical
environment.
1.1.3 This bylaw shall among other things:
(a) implement the vision of Council and residents as expressed in the statutory and
non-statutory plans that have effect within the municipality. The collective vision
describes a low density mix of detached dwellings, which blend into the surrounding
natural features that exemplify the Summer Village of Burnstick Lake as a peaceful
setting where residents and visitors may enjoy the natural and recreational amenities
of the area;
(b) divide the summer village into districts;
(c) describe the purpose for which land and buildings may be used within each district;
(d) establish the office of Development Officer;
(e) establish a method of making decisions on applications for development permits
including the issuing of development permits; and,
(f) establish the procedure for notifying landowners likely to be affected by a
development.
1.2
Scope
1.2.1 No development shall be carried out within the boundaries of the Summer Village except
in accordance with this bylaw.
1.3
Compliance With Other Legislation
1.3.1 Compliance with this bylaw does not exempt any person undertaking a development
from complying with all applicable municipal, provincial or federal laws and respecting
any easements, covenants, agreements or contracts affecting the land or the
development.
1.4
Sections Found Invalid
1.4.1 If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, it is intended that all remaining provisions are to remain in full force and effect.
1.5
Measurements
1.5.1 Imperial equivalents are provided beside every metric value in this Land Use Bylaw for
convenience. Such equivalents are rounded to the nearest whole number. The metric
value is the actual standard to be used.
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2
DEFINITIONS
2.1
In this Land Use bylaw:
ACCESSORY BUILDING OR USE - means a building or use which is separate and subordinate to
the main building or use located on the site. For the purposes of this bylaw, accessory buildings
include but are not limited to tool sheds, garden sheds, garages, carports, soft sided buildings,
sea cans, privies, and satellite dishes.
ACT - means the Municipal Government Act, Chapter M26.1 and amendments thereto;
ADJACENT LAND - means land that is contiguous to the parcel of land that is the subject of an
application and includes land that would be contiguous if not for a highway, road, river or
stream, and any other land that, in the opinion of the Development Authority, shall be deemed
to be adjacent land;
ANTENNA STRUCTURES - means (public or private) structures, including satellite dishes, used for
the purpose of transmitting, relaying or receiving television, radio, microwave and other similar
signals.
BALCONY - means a projecting platform elevated greater than 0.6 m (1.97 ft) from grade and
usually surrounded by a railing, attached to or extending horizontally from one or more main
walls of a building with one side greater than 1.2 m (3.94 ft) in width open to the elements. It
may be cantilevered from the building or supported from below.
BASEMENT - means the portion of a building or structure which is wholly or partially below
grade and its ceiling no more than 1.8 m (6 ft.) above grade and lies below the finished level of
the floor directly above. A basement does not constitute a storey for the purpose of this Bylaw.
BUILDING - means anything constructed or placed on, in, over or under land but does not
include a highway or public roadway or a bridge forming part of a highway or public roadway;
BUILDING HEIGHT - means the distance from grade level at the exterior wall to the highest point
of a building, excluding chimneys, skylights, ventilation fans, flagpole, antenna or
similar devices or features which are not structurally essential to the building;
CARPORT - means an accessory building or part of the principal building consisting of a roofed
enclosure used for the storage of motor vehicles, with at least 40% of the total perimeter open
and unobstructed;
CAVEAT - means a formal notice expressing an interest in a parcel registered against the title to
that parcel;
CHATTEL - means a movable item of personal property;
CANNABIS - means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time, and includes edible products that contain cannabis;
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CANNABIS ACCESSORY - means a thing, including but not limited to, rolling paper or wraps,
holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the Cannabis
Act (Canada) that is used in the consumption or production of cannabis;
CANNABIS PRODUCTION AND DISTRIBUTION - means an establishment used principally for one
or more of the following activities as it relates to Cannabis:
(a) The production, cultivation, and growth of Cannabis;
(b) The processing of raw materials;
(c) The making, testing, manufacturing, assembling or in any way altering the chemical or
physical properties of semi-finished or finished goods and products;
(d) The storage or transshipping of materials, goods and products; or
(e) The distribution and sale of materials, goods and products to Cannabis Retail Sales stores
or to individual customers;
CANNABIS RETAIL SALES - means an establishment used for the retail sale of cannabis and
cannabis accessories that is authorized by provincial or federal legislation. This use does not
include Cannabis Production and Distribution;
CORNER LOT - means a lot having frontage on two or more streets;
COUNCIL - means the Council of the Summer Village of Burnstick Lake;
DECK - means an uncovered (without roof) and non-walled platform which the top surface is
less than 0.6 m (2 ft.) above grade and greater than 1.8 m² (19.38 ft²) in area. It may be
attached to or cantilevered from a building or free standing and supported from below and may
have railing;
DEMOLITION - means the dismantling of a building, and/or the intentional destruction of a
building, and/or followed by the removal of debris of a building;
DETACHED DWELLING - means a residential Building containing one (1) dwelling unit which is
physically separate from any other residential building, and does not include a manufactured
home;
DERELICT VEHICLE - means the storage, collection or accumulation of all or part of any wrecked
vehicle or all or part of any motor vehicle which is not validly registered in accordance with the
Traffic Safety Act and which is not housed in an enclosed building or structure;
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; or
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(e) the erection of signs.
DEVELOPMENT AUTHORITY - means the person or persons appointed pursuant to Development
Authority Bylaw No. 91-2023;
DEVELOPMENT OFFICER - means a person appointed as a Development Officer pursuant to this
Land Use Bylaw;
DEVELOPMENT PERMIT - means a document authorizing a development issued pursuant to this
Land Use Bylaw;
DISCRETIONARY USE - 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 - means the Land Use District within this bylaw;
DWELLING - means any building or structure used exclusively for human habitation and which is
supported on a permanent foundation or base, and includes prefabricated and modular homes
but does not include manufactured homes.
DWELLING UNIT - means a complete building or self-contained portion of a building for the use
of one or more individuals living as a single housekeeping unit, containing sleeping, cooking and
separate sanitary facilities intended as a residence and having an independent entrance either
directly from the outside of the building or through a common area inside the building;
ENCROACHMENT - means any obstruction or intrusion extending from a property onto an
adjoining public right-of-way or onto adjoining land;
ENCROACHMENT AGREEMENT - means a written agreement between the municipality and a
property owner which establishes particular circumstances and conditions under which a use or
building on the property may incorporate the use of adjoining land owned or controlled by the
municipality or a written agreement between two property owners which establishes particular
circumstances and conditions under which a use or building on one property may incorporate
the use of adjoining land owned or controlled by a different property owner;
EXCAVATION - means any breaking of ground, except common household gardening and ground
care;
FENCE - means a vertical, physical barrier constructed to provide aesthetic decoration, visual
screening, sound abatement, or to prevent unauthorized access;
FLOOR AREA - means the total area taken up by the habitable portions of a building including all
interior living spaces and supporting structures, but excluding basements, carports, garages,
sheds and decks, as determined from the exterior dimensions of the building;
FRONTAGE - means lots which have frontages on two parallel streets are recognized as having
two front yards and the development shall comply with the front yard setbacks for the
respective district. A corner lot is not considered to be a double frontage lot. Lot frontage or a
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front yard is determined by the majority of the lots within the block with the narrowest width
fronting on a street; an entrance to a building does not determine a front yard;
FRONT YARD - means that portion of the lot extending across the full width of the lot from the
front property boundary of the lot to the front wall of the main building situated on the lot;
GARAGE - means an accessory building or a part of the main building, designed and used
primarily for the storage of motor vehicles;
GRADE - means the ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the finished ground elevation adjacent to the walls of the
building if the finished grade is level. If the ground is not entirely level the grade shall be
determined by averaging the finished ground elevation for each face of the building, or the level
of the ground as established by an approved grade plan;
GUEST HOUSE - means a permanent building which has sleeping accommodation and may have
a bathroom, but does not have kitchen or other cooking facilities, which provides overflow
accommodation for a detached dwelling located on the same lot;
HEIGHT - means when used with reference to a building or structure, is the vertical distance
measured at right angles to the finished grade level to the highest point of a building excluding a
roof stairway entrance, elevator shaft, a ventilating fan, a skylight, a steeple, a chimney, a smoke
stack, a fire wall or parapet wall, a flagpole, antenna or similar device not structurally essential
to the building. (See Illustration);
HOME OCCUPATION - means an occupation conducted within a building on a residential lot,
which is clearly secondary to the residential use of the lot and is undetectable from outside the
building. This does not include such uses as cannabis retail sales or cannabis production and
distribution;
LANDING - means a projecting platform at or above grade, and located at an entrance to a
structure and may be attached to or extending horizontally from one or more main walls of a
building with one side no greater than 1.5 m (4.92 ft.) in width open to the elements and no
more than 1.8 m² (19.38 ft²) in area. It may be cantilevered from the building or supported from
below and may have a rail and steps leading to the platform;
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LANDSCAPING - means the modification and enhancement of a lot or site through the use of
the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and other
similar ground cover, or
(b) hard landscaping consisting of materials such as brick, stone, concrete, tile, wood or other
similar materials, or
(c) a combination of natural landscaping and hard landscaping, but does not include
walkways or sidewalks deemed integral to building access;
LOT - means
(a) a quarter section or part of a quarter section;
(b) a river or settlement lot shown on an official plan, as defined in the Surveys Act, that is
filed in a Land Titles Office;
(c) a part of a parcel described in a certificate of title if the boundaries of the part are
described in the certificate of title other than by reference to a legal subdivision, or;
(d) a part of a parcel described in a certificate of title if the boundaries of the part are
described in a certificate of title by reference to a plan of subdivision.
MAIN OR PRINCIPAL BUILDING - means a building which, in the opinion of the Development
Officer or the Municipal Planning Commission,
(a) occupies the major or central portion of a lot,
(b) is the chief or principal building among one or more buildings on the lot, or
(c) constitutes by reason of its use the primary purpose for which the lot is used.
(d) There shall be no more than one main or principal building on each lot unless specifically
permitted otherwise in this Land Use Bylaw;
MAIN OR PRINCIPAL USE - means the primary purpose in the opinion of the Development
Officer or the Municipal Planning Commission for which a building or lot is used. There shall be
no more than one main use on each lot unless specifically permitted otherwise in this Land Use
Bylaw;
MANUFACTURED HOME - means a residential building containing one dwelling unit built in a
factory in one or more sections, suitable for long term occupancy designed to be transported on
either its own wheels and chassis or other means to a suitable site, and further, which conforms
to the Canadian Standards Association A277 and Z-240 Standards (or subsequent CSA Standards)
or the Alberta Building Code. A manufactured home may be a single structure (commonly
known as a "single wide") or two parts which when put together comprises a complete dwelling
(commonly known as a "double wide"). Manufactured homes do not include modular homes.
MODULAR HOME - means a single detached dwelling constructed in large sections, away from
the home site. It does not refer to a type of dwelling but rather to a method of construction.
MUNICIPAL PLANNING COMMISSION - means a Municipal Planning Commission established
pursuant to the Municipal Government Act;
MUNICPALITY - means the Summer Village of Burnstick Lake.
NON-CONFORMING BUILDING - means a building,
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(a) that is lawfully constructed or lawfully under construction at the date a land use bylaw
affecting the building or the land on which the building is situated becomes effective, and
(b) that on the date the land use bylaw 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 a 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;
NUISANCE - anything that interferes with the use or enjoyment of property, endangers public
health or safety, or is offensive to the senses;
ORDER - means a notice requiring compliance with this Bylaw issued in writing by the
Development Authority;
OWNER - means the person who is registered under the Land Titles Act as the owner of the fee
simple estate in the land and, in respect of any property other than land, the person in lawful
possession of it;
PARCEL - means the aggregate of the one (1) 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;
PARKS AND PLAYGROUNDS - means areas of public land known for their natural scenery and/or
preservation for public recreation either active or passive;
PATIO - means a hard surface created by laying cement, bricks, tiles, or blocks directly in or
on the ground. The feature is uncovered (without roof) and non-walled.
PERMANENT FOUNDATION - means
(a) a foundation meeting CSA Z240.10.1 standard, or
(b) an engineer approved wood foundation, or
(c) a poured concrete basement, or
(d) a concrete block foundation;
PERMITTED USE - means the use of land or a building referred to as a permitted use in the
Districts of this Land Use Bylaw and for which a development permit shall be issued, with or
without conditions, where the use meets the applicable provisions of this Land Use Bylaw;
PRIVATE SEWAGE DISPOSAL SYSTEM - means on-site wastewater treatment systems as defined
in the Alberta Private Sewage Systems Standard of Practice, for the treatment and disposal of
wastewater that is not connected to a municipal wastewater utility system;
PUBLIC BUILDING - means a building which is used for public administration and services and
includes uses such as assembly, instruction recreation, culture and community activities;
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PUBLIC USE - means a development which is publicly owned, supported or subsidized involving
public assembly or use. Public uses typically may include such uses as publicly funded schools,
parks, libraries, arenas, museums, art galleries, hospitals, tennis courts, swimming pools and
other indoor and outdoor recreational facilities;
PUBLIC UTILITY - means a Public Utility as defined in Part 17 of the Municipal Government Act;
REAR YARD - means that portion of the lot extending across the full width of the lot from the
rear property boundary of the lot to the rear wall of the main building situated on the lot;
RECREATION VEHICLE - means a vehicle, or portable structure designed to be carried on a
vehicle, providing temporary sleeping accommodation for travel and recreation purposes.
Recreation vehicles include but are not limited to motor homes, fifth wheels, campers, tent
trailers when not in their stowed position, and holiday trailers. Recreation vehicles do not
include manufactured homes;
ROAD - 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 other
structure incidental to a public road, but does not include a highway;
SCREEN - 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;
SEA CAN - means a transportable storage container including a sea/land/rail shipping container,
which is generally used as a storage vault. Sea Cans are considered an accessory building or use;
SETBACK - means the distance that a development, or a portion of it, must be set away from a
property line, measured from the outer extremity of the development;
SIDE YARD - means that portion of the lot extending from the front yard to the rear yard and
lying between the side property boundary of the lot and the nearest part of the main building;
SIGN - means an object or device intended to advertise or call attention to any person, place,
thing or event;
SITE COVERAGE - means the combined area of all buildings or structures on a site, including
accessory buildings or structures, measured at a point at grade directly below the outside
surface of the exterior walls of the structure at the first story floor level, including projections
less than 2.5 m. (8.20 ft) above finished grade which includes and is not limited to supported
balconies, open or closed in and covered porches and veranda, covered terraces and all other
spaces within a building, excluding, eaves, cornices, landings, steps and similar projections, and
un-enclosed inner and outer courts and un-enclosed and uncovered decks and patios which are
less than 0.6 m. (1.97 ft) above grade;
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STREET - means any category of road except a lane;
SOFT SIDED BUILDING - means any building that is faced or finished, on any portion of the
building exterior, with flexible sheeting capable of being rolled or folded. Soft sided buildings
are considered an accessory building or use;
STRUCTURAL ALTERATION - means altering the Main Building components which support a
Building;
STRUCTURE - means anything constructed or erected, either permanent or temporary, the use
of which requires location on the ground or attachment to something having location on the
ground;
SUBDIVISION AND DEVELOPMENT APPEAL BOARD - means the board established by Council
pursuant to the Act;
SUBDIVISION AND DEVELOPMENT REGULATION - means the Matters Related to Subdivision and
Development Regulation (AR 84/2022), as amended;
SUBDIVISION AUTHORITY - means the person, persons or organization appointed pursuant to
the Subdivision Authority Bylaw;
TEMPORARY BUILDING - means an enclosed structure without any foundation or footings and
which is removed when the designated time, activity or use for which the temporary structure
was erected has ceased;
TOURIST HOME - means a discretionary use wherein a dwelling unit is offered for rent to guests
for no less than thirty (30) days;
WALKWAY - means a public right-of-way for pedestrian use only, which is, for the purpose of
this bylaw, considered as part of the Community Reserve and Recreation District (C);
YARD - means an area of open space on a site which is required to be unoccupied and
unobstructed by any structure or a portion of a structure above grade of the graded lot unless
otherwise permitted in this Land Use Bylaw;
All other words and expressions shall have the meaning respectfully assigned to them in Part 17
of the Act and the Matters Related to Subdivision and Development Regulation.
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3
ADMINISTRATION
3.1
Establishment Of Development Officer
3.1.1 The office of the Development Officer is hereby established and shall be filled by a
person or persons appointed by resolution of Council.
3.2
Duties Of Development Officer
3.2.1
The Development Officer shall:
(a) exercise development powers and perform duties on behalf of the Summer Village in
accordance with the Act and this Bylaw;
(b) keep and maintain for inspection by the pubic a copy of this Land Use Bylaw and all
amendments thereto and ensure that a copy is available on the Summer Village's
website;
(c) keep a register of all applications for development, including decisions made and
reasons for these decisions;
carry out the duties as Council may specify.
3.3
Establishment of Forms
3.3.1 For the purpose of administering the Land Use Bylaw, the Development Officer shall
prepare such forms and notices as he or she may deem necessary.
3.3.2 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.
3.4
Establishment of Fees
3.4.1 The Development Permit application fee and fees for other matters arising through this
Land Use Bylaw shall be as established by resolution of Council. Council may at any time
by resolution increase, decrease or establish new fees for matters covered by this Land
Use Bylaw.
3.5
Establishment of the Municipal Planning Commission
3.5.1 The Municipal Planning Commission established by bylaw shall perform such duties as
are specified in Bylaw No 92-2023.
3.6
Establishment of the Subdivision and Development Appeal Board
3.6.1 The Subdivision and Development Appeal Board established by bylaw shall perform such
duties as are specified in Bylaw No. 72-2018.
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3.7
Amendment of the Land Use Bylaw
3.7.1 The Council on its own initiative may give first reading to a Bylaw to amend this Land Use
Bylaw.
3.7.2 Any person may apply to have this bylaw amended, by applying in writing to Council.
3.7.3 All applications for amendment shall be accompanied by:
(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) the required application fee as established by resolution of Council, but if a bylaw
respecting the proposed amendment is not given first reading, Council may
determine that all or part of the fee be refunded.
(f) Council may refer the application for bylaw amendment to adjacent municipalities
and such other agencies as it considers necessary for comment.
(g) If the amendment is for a redesignation of land, the Development Officer may
require:
(i) an outline plan for the area to be redesignated, to the level of detail specified by
the Development Officer; and
(ii) 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.
3.7.4
Upon receipt of an application for amendment to this Land Use Bylaw, the Development
Officer shall determine when the application will be placed before Council and shall
issue not less than five (5) days' notice to the applicant advising that he may appear
before the Council at that time and speak to the application. An application for
amendment shall be placed before the Council within 60 days of its receipt by the
Development Officer.
3.7.5
Council, in considering an application for an amendment to this Land Use Bylaw, may in
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.
3.7.6
Following first reading of an amending bylaw, 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,
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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;
(c) outline the procedure for conducting the public hearing.
3.7.7
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 newspaper or other publication circulating in the area to which the proposed
bylaw relates; or
(b) mailing or delivering notices to every residence in the area to which the proposed
bylaw relates.
3.7.8
A notice of a public hearing must be advertised at least five (5) days before the public
hearing occurs.
3.7.9
A notice must contain:
(a) a statement of the general purpose of the proposed bylaw and public hearing;
(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.
3.7.10 In the case of an amendment to change the land use designation of a parcel of land, the
Development Officer must, in addition to the requirements of Section 3.7.9:
(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 Section
3.7.9 to the assessed Owner of that Parcel of Land at the name and address shown
in the assessment roll of the Municipality; and
(c) give written notice containing the information described in clause (a) and Section
3.7.9 to each Owner of Adjacent Land at the name and address shown for each
Owner on the assessment roll of the Municipality.
3.7.11 Notwithstanding Section 3.7.8, 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.
3.7.12 In the public hearing, the Council:
(a) shall hear any person, group of persons, or person representing them, who claims
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.
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3.7.13 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;
(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.
3.7.14 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.
3.7.15 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;
3.7.16 In this section, "Owner" means the person shown as the Owner of land on the
assessment roll prepared pursuant to the Municipal Government Act.
3.7.17 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 six (6)
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.
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4
DEVELOPMENT APPLICATION PROCESS, CONTRAVENTION AND APPEAL
4.1
Control of Development
4.1.1 No development other than that designated in Section 4.2 shall be undertaken within
the Summer Village unless a development permit has been obtained.
4.2
Development Not Requiring a Development Permit
4.2.1 No Development Permit will be required for any of the following types of development
provided that such development complies with all applicable provisions of this Land Use
Bylaw:
(a) the repair or maintenance of any building provided the work does not include
structural alterations;
(b) the completion of a building which was lawfully under construction or for which a
permit has lawfully been issued on the date that this bylaw comes into effect;
(c) the construction, alteration or maintenance of fences, gates, walls, or other enclosures
(except on corner lots) less than 1 m (3.28 ft) in height in front yards; (as per General
Land Use Regulations in Section 6.8);
(d) a temporary building which is incidental to the construction or alteration of a main
building for which a permit has been issued, provided the temporary building is
removed when the main building is occupied;
(e) the maintenance and repair of public buildings, utilities and utility installations carried
out by or on behalf of federal, provincial and municipal public authorities on land
which is publicly owned or controlled provided that such development complies with
all applicable provisions of this Land Use Bylaw;
(f) patios and sidewalks;
(g) decks that are less than 0.6 m (2 ft.) in height from grade and not enclosed by any
materials, other than a rail or banister;
(h) a maximum of two accessory buildings having an area less than 10 m2 (108 ft2) each;
(i) one temporary on-site commercial sign intended for advertising the sale or lease of a
dwelling or property;
(j) antenna structures for receiving television or radio signals attached to a building, not
exceeding 10 m (32.81 ft.) in height above ground level, but does not include satellite
dishes having a diameter greater than 1.0 m (3.28 ft.);
(k) demolition of buildings with a floor area less than or equal to 10 m² (108 ft²);
(l) construction of a single retaining wall less than 1 m (3.3 ft) in height measured from
the lowest grade at any point adjacent to the retaining wall to the highest grade
retained by the wall, and where all surface drainage remains on the same property as
the retaining wall, and where no other retaining wall exists on the lot;
(m) development specified in Section 618 of the Act which includes:
(i) a highway or public roadway
(ii) a well or battery within the meaning of the Oil and Gas Conservation Act;
(iii) a pipeline or an installation or structure incidental to the operation of a pipeline;
(iv) any other action, person, or thing specified by the Lieutenant Governor in
Council by regulation.
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4.3
Development Application
4.3.1 The Development Officer shall:
(a) receive, consider and decide upon all applications for a Development Permit;
(b) at his/her discretion refer to the Municipal Planning Commission any application
which in his/her opinion should be decided by the Municipal Planning Commission;
(c) refer any application to an adjacent municipality or any other agency or person
which in his/her opinion may provide relevant comments or advice respecting the
application;
4.3.2
An application form for a development permit shall be completed and submitted to
the Development Officer and be accompanied by:
(a) a Real Property Report, or other site plan that the Development Officer deems
acceptable drawn to scale that shows the following:
(i) north arrow and scale of plan;
(ii) legal description of the property;
(iii) property lines, shown with dimensions;
(iv) location and dimensions of all existing and proposed buildings and their distance
from the property lines (setbacks);
(v) location and dimensions of any other proposed improvements to all portions of
the lot including parking, decks, patios, fences, retaining walls, and storage
areas;
(vi) location of well and private sewage disposal system;
(vii) access and egress points to the parcel;
(viii) location of all registered utility easements and rights-of-way; and
(ix) area calculations including: size and square footage of entire lot; coverage of lot
by main (principal) and accessory buildings; parking area(s); and landscaping.
(b) building floor plans, drawn to scale, including the proposed use of the building(s) or
addition, total floor space and dimensions of the building, and, where required, the
allocation of floor space for different uses for parking calculations;
(c) building elevations, drawn to scale, showing all sides of the building and indicating
building height, exterior finishing materials and colors;
(d) a lot grading plan, showing existing and proposed grades and slopes;
(e) a landscaping plan may be required, as a condition of the approval of a
development permit, showing the area to be retained in its natural state, any trees
designated for removal and new landscaping to be installed following development;
(f) the estimated commencement and completion dates;
(g) the estimated cost of the project or contract price;
(h) a copy of the Certificate of Title indicating ownership and any encumbrances;
(i)
if the applicant is not the landowner, a statement of the applicant's interest in the
land together with the written consent of the Owner to the application;
(j) such other plans and information as the Development Officer may consider
necessary to properly evaluate the proposed development.
(k) If a variance or relaxation to any stated minimum or maximum standard is required,
in accordance with Section 6.27 a letter from the applicant stating reasons why the
variance or relaxation is warranted and actions that will be undertaken to mitigate
any consequences of granting the variance or relaxation;
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(l) If the intended development is for a development that requires a wastewater
disposal system, the application shall also include a copy of the private wastewater
disposal system permit issued by an accredited agency, or another qualified
professional, approving the proposed method of wastewater treatment and disposal
for the Development.
(m) should permission be requested for an addition to an existing Development,
confirmation may be required in writing from a plumbing Safety Codes Officer that
the existing private waste water disposal system is adequate for the proposed
development.
4.3.3 The Development Authority may deal with an application and make a decision without
all of the information required by Section 4.3 if it is the opinion of the Development
Authority that a decision on the application can be properly made without such
information.
4.3.4 Each application for a Development Permit shall be accompanied by a development
permit fee. The Council may, by resolution or bylaw, impose a fee or a schedule of fees
for the making of any development permit application, and no application for a
development permit will be considered complete until such fee has been paid to the
Summer Village.
4.3.5 Upon receipt of an application the Development Officer shall within 20 days determine
whether the application is complete. An application is complete, if in the opinion of the
Development Officer, the application contains the documents and other information
necessary to review the application. The 20 day timeline may be extended if agreed upon
in writing between the applicant and the Development Officer.
4.3.6 If the Development Officer deems a development permit application to be complete, the
Development Officer shall issue a letter to the applicant indicating:
(a) The date the application was received and deemed complete,
(b) Confirmation the Development Authority will begin processing the application, and
(c) The date the 40 days to process the application expires.
4.3.7 If the Development Officer determines an application is incomplete, the Development
Officer shall issue a notice in writing to the applicant, indicating the following:
(a) The application is considered incomplete;
(b) A detailed list of the outstanding documents and/or information required by the
Development Officer in order for the application to be considered complete;
(c) The date which the required outstanding documents and/or information must be
submitted to the Development Officer, as either set out in the notice, or as agreed
upon between the applicant and Development Officer;
prior to the expiry of the 20 day review period.
4.3.8 If the applicant fails to submit the outstanding information and documents requested
by the Development Officer to complete the application on or before the date referred to
in the notice issued to the applicant, the application is deemed to be refused.
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4.3.9 If the applicant fails to submit the outstanding information and documents requested by
the Development Officer to complete the application on or before the date referred to in
the notice issued to the applicant, the application is deemed to be refused.
4.3.10 If the application is deemed refused because the applicant failed to provide the
Development Officer with the requested information, the Development Officer shall
issue to the applicant a letter indicating the application has been refused and the
reason(s) for the refusal, within 7 days of the expiry date.
4.3.11 Despite that the Development Officer has issued a letter acknowledging an application
as complete, in the course of reviewing the application, the Development Authority may
request additional information or documentation from the applicant that the
Development Authority considers necessary to review the application.
4.3.12 If the Development Officer does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative timeline
agreed upon between the applicant and Development Officer, the application is deemed
to be complete.
4.3.13 The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an applicant
indicating the application is complete, or within such longer period as the applicant may
have agreed to in writing.
4.3.14 The Development Authority shall approve an application for a Development Permit if
the application complies with the requirements of the Land Use Bylaw, the Act, the
Subdivision and Development Regulation, and Statutory Plans.
4.3.15 Where an application for a development permit has been refused, except for those
applications refused as incomplete applications, the Development Officer shall refuse to
accept another application for the same or a similar use on the same lot or site until 6
months have passed from the date of such 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.
4.4
Decision
4.4.1 The Development Officer shall approve, with or without conditions, an application for a
permitted use in a District where the proposed development conforms in every respect
with the bylaw.
4.4.2 The Development Officer may approve, with or without conditions, or may refuse an
application for
(a) a permitted use where the proposed development does not conform in every respect
to this bylaw, and
(b) a discretionary use.
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4.4.3 The Development Officer may require that, as a condition of issuing a development
permit for a discretionary use in a District,
(a) the use conforms to any or all provisions of this bylaw;
(b) measures be taken or the development used in a manner that ensures that
(i) the development is orderly,
(ii) any impact upon adjacent uses is mitigated,
(iii) the safety and free movement of pedestrians and vehicular traffic on adjacent
public roadways is not prejudiced,
(iv) the use is developed in an aesthetic and environmentally sound manner, and
the use is developed in conformance with any applicable statutory plan policies.
4.4.4 The Development Officer may refer an application to an adjacent municipality or any
other agency or person which in his opinion may provide relevant comments or advice
respecting the application.
4.4.5 The Development Officer may refer an application to an adjacent municipality or any
other agency or person which in his opinion may provide relevant comments or advice
respecting the application.
4.4.6 A decision of the Development Officer on an application for a development permit shall
be given in writing.
4.4.7 When a Development Office refuses an application for a development permit, the
decision shall contain reasons for the refusal.
4.5
Effective Date of Development Permit
4.5.1 A development permit does not come into effect until 21 days after the date an order,
decision or development permit is issued, and any development proceeded with by the
applicant prior to the expiry of this period is done solely at the risk of the applicant.
4.5.2 When an appeal is made, a development permit does not come into effect until the
appeal has been determined, at which time the permit may be approved, modified or
rejected.
4.5.3 If the development authorized by a permit is not started within 12 months from the date
of the permit's issue, and carried out with reasonable diligence, the Development Officer
may declare the permit void, unless an extension has been granted.
4.5.4 A development, once begun, shall not be abandoned, or left in what the Development
Officer considers to be an unsightly or unsafe condition, and shall be completed within 24
months of approval of the application, unless an extension has been granted.
4.5.5 A development permit issued according to this Bylaw is not a building permit and
notwithstanding that the plans and specifications for buildings may have been submitted
as part of an application for a development permit, work or construction shall neither
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commence nor proceed until a building permit has been issued by the Safety Codes
Agency contracted by the municipality and pursuant to applicable bylaws and regulations.
4.6
Public Notification
4.6.1 On the date a development permit is issued, the Development Officer shall:
(a) post notice of the decision on the property for which the permit has been granted
and/or
(b) mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer, be affected including, but
not limited to adjacent property owners.
4.6.2
If the Development Officer approves a development permit in accordance with Section
6.27 (Variances), notice of this decision shall be sent to all adjacent landowners.
4.7
Development Agreement
4.7.1 The Development Authority may require, subject to approval by Council, that as a
condition of issuing a development permit, the applicant enter into a development
agreement with the municipality to ensure any of the following:
(a) Construct or pay for the construction of public roadways, pedestrian walkways, or
parking areas; and/or
(b) Install or pay for the installation of utilities; and/or
(c) Pay for an off-site levy or redevelopment levy imposed by bylaw.
4.7.2 To ensure compliance with the development agreement, the Summer Village may
register a caveat against the certificate of title of the property that is being developed.
This caveat shall be discharged when conditions of the development agreement have
been met.
4.8
Enforcement, Contravention
4.8.1 If the Development Officer finds that a development, land use or use of a building is not
in conformity with this Land Use Bylaw, Part 17 of the Act or the Subdivision and
Development Regulation or a development permit or subdivision approval the
Development Officer may, by written notice, order the Owner, the person in possession
of the land or building, or the person responsible for the contravention, or any or all of
them, to:
(a) stop the development or use of the land or building in whole or in part as directed by
the notice;
(b) demolish, remove or replace the development; or
(c) carry out other actions required by the notice so that the development or use of the
land or building complies with the Land Use Bylaw, Part 17 of the Act or the
Subdivision and Development Regulation, a Development Permit or subdivision
approval;
(d) in such order the Development Officer may establish a time for reasonable
compliance with such order. If a person fails or refuses to comply with an order or an
order of the Subdivision and Development Appeal Board made pursuant to Part 17 of
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the Act, the municipality may enter on the land or building and take any action
necessary to perform and complete the order;
(e) the municipality may register a caveat under the Land Titles Act in respect of an
order against the Certificate of Title for the land that is the subject of the order, but if
it does so the municipality must discharge the caveat when the order has been
complied with.
4.9
Offences and Penalties:
(a) A person who contravenes or does not comply with the Land Use Bylaw, Part 17 of
the Act, the Subdivision and Development Regulation, an order under Section 4.8.1
of this Land Use Bylaw, a development permit or subdivision approval, or a condition
therein, a decision of the Subdivision and Development Appeal Board, or who
obstructs or hinders any person or persons in the exercise or performance of that
person's or persons' powers or duties under this Land Use Bylaw is guilty of an
offence.
(b) A person who is guilty of an offence is liable to a fine of not more than $10,000 or to
imprisonment for not more than one (1) year, or to both fine and imprisonment.
4.10
Compliance with Other Legislation
4.10.1 Compliance with the requirements of the 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.
4.11
Permit Cancellation
4.11.1
The Development Officer may cancel a development permit if:
(a) the permit was issued in error, or
(b) the permit was issued on the basis of incorrect information.
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5
DEVELOPMENT APPEAL PROCESS
5.1
Procedure for Appeals
5.1.1 An appeal of an order, a decision or a failure to make a decision of the Development
Authority may be made in writing to the Subdivision and Development Appeal Board in
accordance with the provisions set forth in the Subdivision and Development Appeal Board
Bylaw No.72-18.
5.1.2 An appeal may be made to the Subdivision and Development Appeal Board (SDAB) where
a Development Authority:
(a) fails or refuses to issue a development permit to a person; or
(b) issues a development permit with conditions; or
(c) issues an order under the Act;
(d) the person applying for the permit, or affected by the order may appeal to the SDAB.
5.1.3 An application for a development permit shall, at the option of the applicant, be deemed
to be refused when the Development Authority fails to make a decision within forty (40)
days of the date of the letter issued to an applicant acknowledging a complete
application, and an applicant may appeal in writing, as provided for in this Land Use
Bylaw, unless the applicant enters into an agreement with the Development Officer to
extend the forty (40) day period.
5.1.4 An appeal may be made to the SDAB by any other person affected by an order, decision
or development permit of a Development Authority.
5.1.5 No appeal lies in respect of the issuance of a development permit for a permitted use
unless the provisions of this Bylaw were relaxed, varied or misinterpreted.
5.1.6 A person desiring to appeal to the Subdivision and Development Appeal Board shall file
with the Clerk of the Subdivision and Development Appeal Board written notice of appeal
within the following time periods:
(a) In the case of an appeal by an applicant for a development permit, within twenty-one
(21) consecutive days of the date of the written decision on the application or the date
of the deemed refusal;
(b) In the case of an appeal by a person affected by a stop order or a decision made by the
Development Officer, within twenty-one (21) consecutive days of the date on which
the order or decision was made,
(c) In the case of an appeal by a person affected by a development permit issued by the
Development Officer, within twenty-one (21) consecutive days of the date of issuance
of the Development Permit.
5.1.7 The date of receipt of a decision or order is deemed to be seven (7) days from the date
that the decision or order is mailed or emailed where the recipient has opted to receive
communications electronically.
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5.1.8 Within 30 days of receiving a Notice of Appeal, the SDAB shall hold an appeal hearing in
accordance with the Act.
5.1.9
The procedures followed for an appeal hearing are governed by the Act.
5.1.10 A notice of an appeal shall be accompanied by a fee in an amount established by
Council, by resolution. The fee set shall be adjusted, from time to time, in accordance
with the costs of hearing appeals.
5.2
Decision
5.2.1
The decision of the Subdivision and Development Appeal Board is final and binding
upon all Parties subject only to an appeal upon a question of jurisdiction or law. An
application for leave to appeal shall be made to a judge of the Court of Appeal within 30
days of the issue of the order, decision, permit or approval sought to be appealed.
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6
GENERAL LAND USE REGULATIONS
6.1
Applicability
6.1.1 The following regulations apply to development in all districts, unless otherwise
specified. Where these regulations may be in conflict with any land use district
regulations, the general regulations shall take precedence.
6.2
Subdivision of Land
6.2.1 A Development requiring subdivision of land shall not be issued a Development Permit
until such time as subdivision approval has been received from the Subdivision Approval
Authority, or upon appeal, the Subdivision and Development Appeal Board or the
Municipal Government Board.
6.3
Number Of Dwelling Units
6.3.1
Only one dwelling unit shall be permitted on a lot.
6.4
Non-Conforming Buildings and Uses
6.4.1 A non-conforming use of land or building may be continued, but if that use is discontinued
for a period of six (6) consecutive months or more, any future use of the land or building
shall conform with this bylaw.
6.4.2 A non-conforming use of a part of a building may be extended throughout the building,
but the building shall not be enlarged or added to, and shall undergo no structural
alterations.
6.4.3 A non-conforming use of a part of a lot shall not be extended or transferred in whole or
part to any other part of the lot, and no additional buildings shall be constructed while the
non-conforming use continues.
6.4.4 A non-conforming building shall not be enlarged, added to, rebuilt, or structurally altered
except:
(a) as may be necessary to make it a conforming building, or
(b) as may be necessary for the routine maintenance of the building, or
(c) as may be required by statute or bylaw.
6.4.5 If a non-conforming building is damaged or destroyed to the extent of more than 75% of
its value above its foundation, the building shall not be repaired or rebuilt except in
accordance with this bylaw.
6.4.6 A change of ownership, tenancy or occupancy of land or a building shall not be considered
to affect its use.
6.4.7 If a development permit has been issued on or before the day on which a land use bylaw
or a land use amendment bylaw comes into force in a municipality and the bylaw would
make the development in respect of which the permit was issued a non-conforming use
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or non-conforming building, the development permit continues in effect in spite of the
coming into force of the bylaw.
6.4.8 When a building is a non-conforming building solely by reason of its encroachment into a
required front, side, or rear yard, the Development Officer may allow an extension of, or
an addition to, the building, if such extension or such addition is a lateral extension or
addition or will not in itself constitute a further encroachment into any required yard, and
if such extension or addition complies with the provisions of this bylaw.
6.4.9 A building that encroaches into a required front, side or rear yard by reason of conversion
from imperial unit of measurement to metric units, or by reason of subsequent
amendments that change the front, side or rear yard requirements for building is
considered to be a conforming building.
6.4.10 Notwithstanding Section 6.4.1 a new use or a new building that is in conformity with the
land use district for the lot may be allowed to occupy or be constructed on the lot while a
non-conforming use or building occupies the lot.
6.5
Site Conditions
6.5.1 Development proposed on a portion of the lot having a grade in excess of 15% shall have
a soil bearing and subsistence report, prepared by a professional engineer stating that the
soil conditions can support the development, submitted with the application for
development approval.
6.5.2 Unless satisfactory design and development measures are taken, the applicant shall
provide evidence that the land to be developed is not characterized by soil instability,
poor drainage or flooding.
6.5.3 To the maximum extent possible, trees and shrubs shall be retained on a site. Where
landscaping is required, it shall be carried out within 24 months following the completion
of construction.
6.5.4 No person shall remove topsoil in excess of 6 m3 (7.85 cu. yds.) without first obtaining a
development permit.
6.5.5 Garbage shall be kept in weatherproof and animal-proof containers, screened from
adjacent sites and public thoroughfares.
6.5.6 Where clearing of trees and shrubs has been authorized for the purposes of building
construction, the parcel shall be graded to ensure that water does not drain directly onto
adjoining property.
6.6
Development Design and The Preservation and Enhancement of Environmental
Quality
6.6.1 The Development Officer is to be guided by the characteristics and natural setting of
Burnstick Lake in reviewing and approving the design, location and architectural
appearance of development requiring development permits.
6.6.2 The quality of development, with respect to building appearance, such as exterior
finishes or materials used and style, and its location on the lot together with landscaping
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features and general site amenities must be compatible with and equal to or better than
the standard of surrounding development.
6.6.3 Where possible, new development should not negatively impact views and vistas of
existing development on adjoining properties.
6.6.4 Development should not have a negative impact on municipal and recreational amenities.
6.7
Building Demolition
6.7.1 The demolition of a building having an area greater than 10 m² (108 ft²) shall require a
permit. Such a permit shall not be approved without a written statement indicating:
(a) how the demolition will be carried out so as to minimize dust, noise or other nuisance;
(b) Written confirmation of compliance with the Alberta Occupational Health and Safety
Code for removal of any hazardous materials from the site.
(c) final reclamation of the site.
6.7.2 Whenever a development permit is issued that involves the demolition of a building, it
shall be a condition of the permit that:
(a) the site be properly cleaned, with all debris removed;
(b) the site is left in a graded condition that removes or fills in excavations and is in
accordance with the site drainage patterns; and
(c) the applicant arranges for the safe disconnection of all municipal and private utilities
serving the building to be demolished prior to demolition commencing.
6.8
Fences, Walls, Hedges, Enclosures
6.8.1 No fence, wall, hedge or other enclosure shall be higher than 1 m (3.28 ft.) in height in front
yards and 2.5 m (8.20 ft.) in rear yards.
6.8.2 Electric and barbed wire fences shall not be permitted.
6.9
Retaining Walls
6.9.1 Retaining walls shall:
(a) respect overland drainage patterns established for the lot at the time the lot was
created;
(b) maintain positive overland drainage on all portions of the site;
(c) not divert overland drainage onto adjacent properties;
(d) not be located within a right-of-way or easement intended for overland drainage; and
(e) maintain a minimum horizontal separation of 1.0m (3 ft.) between retaining walls on a
parcel.
(f) be constructed with a guard or fence where the drop exceeds 600 mm (23.6 inches),
consistent with the Building Code.
6.9.2 An application for development for a retaining wall that is greater than 1.0 m (3 ft.) in
height or a series of retaining walls of any height, shall require the submission of a report
prepared and sealed by a qualified, registered Professional Engineer, entitled to practice
in the Province of Alberta, indicating that the structural and geotechnical design of the
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retaining wall(s) is suitable for the site, conditions and intended purpose of the retaining
wall(s).
6.10
Decks and Balconies
6.10.1 The construction of a deck or balcony of which any part of it is enclosed by a wall
higher than 1 m or with a roof or more than 0.6 m (1.97 ft) above finished grade shall
require a development permit.
6.10.2 A built-in firepit is not allowed in decks or balconies.
6.11
Sanitary Facilities
6.11.1 Every building with plumbing shall be served by a Private Sewage Disposal System
approved by the Safety Codes Agency contracted by the municipality.
6.11.2 Section 6.11.1 shall apply to new building construction and replacement of existing
wastewater disposal systems. Existing wastewater disposal systems built before third
reading of this bylaw, shall be permitted for the life of the respective system as long as
they pass legally mandated inspections and until they require repair or replacement.
6.11.3 No owner of a parcel of land shall have, permit or allow an outdoor privy or any other
system for the disposal of sewage or waste water that is not in compliance with the
Alberta Private Sewage Systems Standard of Practice.
6.11.4 Only self-contained, private, individual wastewater disposal systems or a communal
wastewater collection system using closed, sealed holding tank(s) are allowed.
6.12
Access to Property
6.12.1 The construction of a driveway shall require a development permit and shall be
constructed in accordance with municipal standards adopted by resolution of Council.
6.13
Objects Prohibited or Restricted in Yards
6.13.1 No person shall keep or maintain in their yards:
(a) any unlicensed, dismantled, wrecked or derelict vehicle for more than 14 consecutive
days;
(b) any object or chattel which, in the opinion of the Development Officer, is unsightly or
tends to adversely affect the amenities of the Summer Village;
(c) any fur bearing animals, fowl or livestock other than domestic pets;
(d) oversize vehicles that obstruct the view of other property owners;
(e) any bulk fuel storage such as gasoline or diesel fuel, but excluding propane tanks;
(f) any commercial vehicle loaded or unloaded with a gross vehicle weight rating in
excess of 4600 kg. (10,000 lbs.);
(g) any excavation, storage or piling up of materials required during the construction
stage unless all necessary safety measures are undertaken;
(h) The Owner of such materials or excavations assumes full responsibility to ensure the
situation does not prevail any longer than reasonably necessary to complete a
particular stage of construction work.
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6.14
Nuisance
6.14.1 No use or activity shall be approved which, in the opinion of the Development Officer,
constitutes a nuisance that may be generated by the proposed development such as
noise, vibration, dust, smoke, smell, toxic or noxious matter, traffic, radiation, fire
explosions, heat, humidity, glare, waste, water or steam.
6.15
Accessory Buildings
6.15.1 The construction or relocation of an accessory building with a floor area of more than
10 m2 shall require a development permit.
6.15.2 The siting of an accessory building on an irregularly shaped parcel shall be as approved
by the Development Officer.
6.15.3 Where a balcony that is less than 2.5 m (8.20 ft) or deck that is greater than 0.6 m (1.97
ft) above grade, and is either freestanding or attached or supported by the principal
structure or is a structure that is either freestanding or attached to the principal building
and is enclosed by walls 1.2 m (3.94 ft) in height for more than 33 % of the perimeter of
the structure, it shall be considered to be an accessory building and included in the area
calculation for site coverage. A landing is not considered to be an accessory building for
purposes of this section. Exceptions to this rule may be granted given the topography of
the site.
6.16
Signs and Advertising Structures
6.16.1 Subject to Section 4.2.1(i), any commercial sign or advertising structure, whether
temporary or permanent, shall require a development permit, and
(a) shall be no more than 0.5 m2 (5.38 sq. ft.), and
(b) only one shall be permitted per lot; and
(c) shall not be permitted if it might obscure traffic or be confused with a
(d) traffic sign; and
(e) shall not be illuminated.
6.17
Recreational Vehicles
6.17.1
No more than one recreational vehicle shall be permitted on a regular basis on a lot.
6.17.2 No recreational vehicle shall be kept and occupied on a lot for more than 14 consecutive
days.
6.17.3 A maximum of one (1) recreational vehicle may be stored permanently on a residential
lot.
6.17.4 A maximum of two (2) recreational vehicles may be used for living and sleeping
accommodation for a maximum period of thirty (30) days per annum;
6.17.5 The parking of private recreation vehicles on Municipal or Environmental Reserve lots or
Public Utility lots is prohibited.
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6.18
Manufactured Homes
6.18.1 Manufactured homes shall meet or exceed Canadian Standards Association (CSA)
Z240MH certification and the Alberta Building Code.
6.18.2 Installation and foundation requirements for manufactured homes and additions shall
meet either the CAN/CSA Z240.10.1 standard or the Alberta Building Code.
6.18.3 Manufactured Homes shall be no older than ten (10) years as of the date of a completed
development permit application for their placement and shall be similar and consistent
with the character of the area.
6.18.4 The external appearance of a manufactured home shall be acceptable to the
Development Authority having regard to compatibility with other buildings in the vicinity
and shall have:
(a) a minimum roof pitch of 4:12;
(b) a roof surface of wood or asphalt shingles, clay or concrete tiles, slate or wood shakes,
or metal roofing;
(c) a minimum roof overhang or eaves of 0.40 m (16 inches) from each external wall;
(d) a maximum length to width ratio of 3:1;
(e) a minimum width of 6.1 m (20 ft) measured from external wall surface to external wall
surface; and
(f) a minimum floor area that meets the minimum floor area requirements of the
applicable district.
6.19
Tourist Homes
6.19.1 A development permit is required to operate a tourist home and will be issued for 2
years, after which the applicant may reapply for a development permit that may not have
a set time limit.
6.19.2 Tourist homes shall be limited to one rental unit per parcel and shall be contained within
the main or principal building only. Guest houses shall not be used.
6.19.3 No recreational vehicle shall be used as accommodation for tourist home guests.
6.19.4 The maximum number of people staying overnight in a tourist home shall be two (2)
times the number of bedrooms. The maximum number of bedrooms allowed in a tourist
home shall be three (3), and the number of approved bedrooms shall be stated on the
development permit.
6.19.5 A floor plan is to be submitted at the time of application.
6.19.6 The operator of a tourist home shall provide the Summer Village with the name and
phone number(s) of at least one person (adult) that is authorized to act in the
owner/operator's absence. The owner/operator is responsible for informing the Summer
Village of any changes in this information.
6.19.7 The minimum length of stay shall be no less than 30 days.
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6.19.8 The tourist home shall always abide by the existing community bylaws and policies. A
summary of key bylaws will be provided by Administration to the owner/operator.
6.19.9 In residential districts tourist homes shall not display any sign advertising the tourist
home.
6.19.10 Adequate parking must be in place on the property of a minimum of one stall per
bedroom.
6.19.11 Approval of a development permit does not exempt the owner/operator of a tourist
home from complying with any federal, provincial, or other municipal legislation.
6.20
Home Occupations
6.20.1 A home occupation shall be clearly incidental to the main residential use of a lot and shall
not change or disrupt the residential character of the Summer Village.
6.20.2 All permits issued for home occupations shall be granted for a period of one year. The
Development Officer may revoke a permit if he considers that the use is or has become
detrimental to the residential character of the Summer Village.
6.20.3 Home occupations are limited to those uses which:
(a) do not create or become a public nuisance;
(b) have only residents of the home employed in the home, and where non-resident
employees of the business do not work at the residential premises;
(c) are not visible from outside the building;
(d) require no outside storage of materials, goods or equipment;
(e) do not display advertising other than a single sign not larger than one square metre.
6.21
Relocation Of Buildings
6.21.1 Any person making application to move an existing building onto a lot as a main or
accessory building shall:
(a) make the usual application for a Development Permit;
(b) provide recent color photographs of the building showing all elevations of the
building.
(c) provide a statement verifying the age, size and structural condition of the building;
and,
(d) a statement of proposed improvements to the building; and
(e) state the present location and use of the building.
6.21.2 An application for a Development Permit may be approved by the Development Officer if
the proposal meets all of the regulations specified under the appropriate Land Use District
in which it is proposed to be located.
6.21.3 Where a Development Permit has been granted for the relocation of a building either on
the same parcel or from another parcel, 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 permit.
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6.21.4 The Development Officer may, at his discretion, inspect the building, or cause the
building to be inspected by a person he appoints, and shall determine the suitability of
the building for the proposed use.
6.21.5 All structural and exterior renovations shall be completed within one (1) year of the
issuance of a Development Permit.
6.22
Soft Sided Buildings
6.22.1 The Development Authority may approve an application for a Development Permit for a
Soft Sided Building only if:
(a) the building is an Accessory Building on the parcel and is not erected or placed within
the Front Yard of a parcel, unless otherwise approved by the Development Authority,
and
(b) the structure meets Alberta Building Code requirements.
6.23
Sea Cans
6.23.1 Sea cans may be used as a building material in the construction of an accessory building
on a parcel provided that:
(a) the development is in full compliance with applicable provincial and national building
codes;
(b) the final architectural appearance of the building (siding, roofing, etc.) matches or
compliments the exterior finish of the principal building or to the satisfaction of the
Development Authority.
6.24
Antenna Structures Including Satellite Dishes
6.24.1 The installation of antenna structures shall require a development permit including
satellite dishes greater than 1.0 m (3.28 ft) in diameter.
6.24.2 No advertising shall be permitted on an antenna structure.
6.24.3 Antenna structures shall not be illuminated.
6.25
Municipally Owned Lands
6.25.1 Private development on community reserve, environmental reserve, recreation lands or
public utility lands is strictly prohibited.
6.25.2 Private development on municipally owned lands including road allowances is strictly
prohibited.
6.25.3 All community, municipal, utility or environmental reserves shall be maintained in their
natural state unless developed by the Summer Village for public purposes or as provided
in Section 6.25.4 and 6.25.5 below.
6.25.4 The cutting and/or removal of trees or underbrush from municipally owned land is
prohibited, unless prior written permission is obtained from Council.
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6.25.5 The temporary placement of any structure, object or materials on municipally owned
land is prohibited, unless prior written permission is obtained from Council.
6.26
Guest House
6.26.1 A guest house may be developed on a residential site in accordance with the
requirements of this bylaw, including the following:
(a) must be of similar design, construction and exterior finishing materials as the principal
dwelling unit on the site; and
(b) the extent of construction shall be limited to bathroom and sleeping facilities only; and
(c) the maximum floor area shall be 22 m2 (236.8 sq. ft.); and
(d) only one building used for this purpose may be constructed on a lot and only when a
dwelling unit exists on the lot; and
(e) the setback requirements for principal buildings are met; and
(f) limited to one storey.
6.26.2 An at grade guest house may be attached to a garage and shall have an entrance separate
from the entrance to the garage. At grade guest houses shall be a maximum height of 5 m
(16.4 ft.).
6.26.3 A guest house shall not be used for a tourist home.
6.27
Variances
6.27.1 Notwithstanding the provisions of the sections of this bylaw other than Section 6.27, the
following variances of the requirements may, at the discretion of the Development
Officer and having regard to Section 6.27.2 (a), (b) and (c), be deemed to comply with
this bylaw if:
(a) the proposed development provides not less than 90% of any stated minimum standard
and meets the minimum requirements of the Act and any regulations thereto, and,
(b) the proposed development does not provide in excess of 110% of any maximum
standard, but the application of said variance shall be clearly stated on any permit or
notice in regard to the proposed development.
6.27.2 When an existing building does not comply with the required floor area, height, side,
front or rear yard setback requirements, an extension or an addition to that building
may be allowed by the Development Officer provided the existing infringement does not
constitute a public hazard and such extension or addition will not in itself constitute a
further encroachment into any required yard or other minimum and/or maximum
requirement and the proposed development would not:
(a)
unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
(c) the proposed development conforms with the use prescribed for that land or
building in the Land Use bylaw.
6.27.3 If the Development Officer does approve a development permit in accordance with
Section 6.27.2, it shall be a requirement that notice of this decision shall be sent to all
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adjacent property owners with 21 clear days' notice of the decision in order that anyone
affected may appeal the decision to the Subdivision and Development Appeal Board.
6.28
Feeding of Wildlife
6.28.1 No person shall knowingly leave or store any refuse, food product, pet food, birdseed,
grain or salt on public lands in a manner which could constitute a lure, attraction or
enticement of wildlife and that would pose a risk to the safety of any person.
6.29
Alternative Energy Collecting and Storing Devices
6.29.1 Solar energy devices attached to a principal or accessory building shall:
(a) be integrated so as to mimic the roof or wall/structure. The mounted panel shall
project no more than 0.15 m (6 in) from the surface of the building;
(b) where located on buildings with flat roofs, not project vertically more than 1.0 m
(3.28 ft.) above the roof line; and, c. not extend beyond the outermost edge of the roof
or wall to which it is mounted;
6.29.2 Solar energy devices not attached to a building shall:
(a) be located in a side or rear yard only;
(b) not exceed 2.5 m (8.2 ft.) in height above the ground; and
(c) be screened from adjacent properties with a fence or landscaping, to the satisfaction
of the Development Authority.
6.29.3 Wind Energy Devices shall:
(a) be located in a side or rear yard only;
(b) be subject to the district requirements for height on the parcel which they are
located;
(c) be sized appropriately to the district in which they are located. Devices located on
residential lots shall be designed specifically to be for such use;
(d) not generate any noise that extends beyond the property boundary in a residential
district;
6.29.4 The Development Authority may require provision of a visual and noise impact
statement including steps proposed to mitigate such impacts.
6.30
Forms, Notices and Fees
6.30.1 For the purposes of administering the provisions of this bylaw, Council, by resolution,
may authorize the preparation and the use of such forms, notices and fee schedules as in
its discretion it may deem necessary. Any such forms, notices or fees are deemed to have
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the full force and effect of this bylaw in execution of the purpose for which they were
designed, authorized, and issued.
6.30.2 The forms, notices and fee schedules authorized by Council pursuant to this bylaw may
be posted, issued, mailed, served or delivered in the course of the Development Officer's
duties.
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7
LAND USE DISTRICTS AND REGULATIONS
7.1
Establishment of Land Use Districts
7.1.1 The Summer Village of Burnstick Lake is hereby divided into the following land use
districts:
R - Residential District
MR - Municipal Reserve and Recreational District
I - Institutional (Public Utility) District
ER- Environmental Reserve District
7.1.2 The boundaries of these districts are shown on Appendix "A" (the Land Use District Map)
which forms part of this bylaw. In case of uncertainty as to the boundaries of a land use
district, the following rules apply:
(a) Where a boundary is shown as following a street or stream, it shall be deemed to follow
the center line there-of.
(b) Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
(c) Where rules (a) and (b) do not apply, the boundary shall be determined:
(i) where dimensions are set out on the Land Use District Map, by these
dimensions, or
(ii) where no such dimensions are set out, by measurement and use of the scale
shown on the Land Use District Map.
7.1.3 Where the boundary of a land use district cannot be determined by the above rules, the
decision of Council shall govern.
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7.2
Residential District - R
7.2.1 The purpose of this district is to provide an area for low density residential development
in the form of detached, single family dwellings and associated uses.
7.2.2 Permitted Uses
Single family dwellings
Accessory buildings and uses
7.2.3 Discretionary Uses
Antenna structures, including satellite dish antennae
Demolition
Guest house
Home Occupations
Manufactured Homes
Parks and Playgrounds
Public Buildings
Public Uses
Sea Cans
Signs
Soft Sided Buildings
Tourist Homes
7.2.4 Regulations
(a) Lot Size:
Minimum lot shall be 850 m2 (0.21 ac.)
(b) Building Height:
Main or principal buildings (dwelling units) shall not be higher than 10 m
(32.80 ft.) from grade.
Accessory buildings: shall not be higher than 5 m (16.4 ft.) from grade. This
height may be exceeded if the roof pitch is required to match the dwelling and
there is no obstruction of views or vistas to adjoining residential lots.
Guest Houses: at-grade guest houses shall be a maximum height of 5 m (16.4
ft).
(c) Minimum Floor Area:
Principal Buildings - 46.5 m2 (500.34 sq. ft).
(d) Minimum Depth of Front Yard:
Principal Buildings - 7 m (22.96 ft.)
Accessory Buildings - 7 m (22.96 ft.) except for garages whose side wall faces the
street which shall be 4.5 m (14.75 ft.)
Guest Houses - 7 m (22.96 ft.)
(e) Minimum Depth of Side Yard:
All Buildings - 2 m (6.56 ft.) or as required by the Alberta Building Code,
whichever is greater.
(f) Minimum Depth of Rear Yard
Principal Buildings - 7 m (22.96ft.)
Accessory Buildings - 1.2 m (4 ft.)
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(g) Minimum Distance Between Buildings
All Buildings - 2 m (6.56 ft.)
(h) Site Coverage
All buildings - shall cover not more than 35% of the total area of the lot.
(i) Sanitation
Shall be provided in accordance with Section 6.11.
(j) Parking
A minimum of 2 off-street parking stalls at least 2.5 m (8.20 ft.) wide by
5.5 m (18.04 ft.) long with space for maneuvering on the lot shall be
developed for each dwelling unit and each unit of ancillary living
accommodation.
7.2.5 Projection Into Yards
(a) Notwithstanding the setback provisions within this District, the following features
or elements are allowed to project into the following yards:
Feature
Yard Affected
Projection Permitted
Sills, cornices, eaves, gutters,
Chimneys, or pilasters
All
0.6 m (1.97 ft)
Steps and Staircases
greater than 0.3 m (1 ft.) in height
Front and Rear
One Side Yard
1.5 m (4.92 ft)
1.2 m (3.94 ft)
Landings, Staircases and Steps less than 0.6 m
(1.97 ft.) in height
Front and Side
Rear
1.5 m (4.92 ft)
2 m (6.56 ft)
Bay and Similar Windows
Front and Rear
One Side Yard
1 m (3.28 ft)
0.6 m (1.97 ft)
Balconies and Decks 0.6 m or higher above
grade
Front
Rear and Side
1.4 m (4.59 ft)
2 m (6.56 ft)
Balconies and Decks 0.6 m below grade
Front
Rear and Side
2 m (6.56 ft)
To property line
Driveways, sidewalks, and similar features at
grade or less than 10 cm (3.94 in) above
grade; fences and landscaping elements, and
retaining walls less than 0.6 m (1.97 ft) in
height
All
No limits but must be
inside the property
lines
(b) In addition to those features listed in Section 7.2.5 (a), a projection into any
designated yard may be allowed for a building feature such as cantilevered bays and
sun windows, dining room alcoves and similar elements provided the feature does
not encroach more than 0.6 m (1.97 ft) into any yard and the projecting facade does
not exceed:
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(i) 30% to a maximum of 3.66 m (12 ft) in width, whichever is greater, of the
exterior surface wall area exposed to the yard in which the feature is located
for internal sites.
(ii) 40% to a maximum of 4.87 m (15.97 ft) in width, whichever is greater, of the
exterior surface wall area exposed to the yard facing a street and in which the
feature is located.
and such encroachment complies with the Alberta Safety Code.
(c) The minimum distances required for yards do not apply to:
(i) exterior finishing materials applied to principal buildings provided the material
does not encroach more than 10 cm (3.94 in) into any yard.
(ii) construction wholly beneath the surface of the ground.
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7.3
Municipal Reserve and Recreational District - MR
7.3.1 The purpose of this district is to provide publicly owned lands for community and
recreational areas and uses.
7.3.2 Permitted Uses
None
7.3.3 Discretionary Uses
Accessory Buildings
Antenna Structures, including Satellite Dishes
Community Buildings and Facilities
Decks for Lake Access
Parks and Playgrounds
Picnic Areas
Recreational Clubs and Facilities
Signs
Sports Fields
Stairs and Walkways for Lake Access
Swimming Pools
Trails
7.3.4 Regulations
(a) Setbacks:
Shall be determined by the Development Officer having regard to the location of
adjacent uses to the development is set back a sufficient distance to ensure that it
will not be visually intrusive or have an adverse impact upon or by those adjacent
uses.
(b) Building Height:
Shall be no more than 10 m (32.8 ft.)
(c) Sanitation:
Shall be provided in accordance with Section 6.11.
7.3.5
Regulations - Decks and Stairs Near the Shoreline
(a) will be allowed on the municipal reserve with the approval of Council and provided an
agreement is entered into between the municipality and the Owner that ensures that
there is reasonable safety, aesthetics, environmental sensitivity, reasonable distance
from the lake and no compromise of Summer Village ownership of the reserve lands.
(b) Council or the Development Officer may establish special conditions and requirements
for construction of decks. These shall be outlined in the development permit along
with the following conditions:
(i) Surface shall be either natural pressure treated wood, preservable wood,
unfinished or stained in earth tone colors, or other materials that blend in with
the natural amenities of the area;
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(ii) Maximum height of the deck surface shall be no more than 30 centimeters (12
inches) above the highest point of land;
(iii) Maximum surface area of the deck shall be 13.37 sq. meters (144 sq. ft.).
When the deck is co-owned by owners of two (2) or more cabins with no other
lakeshore deck the maximum surface area of the deck shall be 26.74 sq. meters
(288 sq. ft.).
(iv) Excavation may be permitted if there are extenuating circumstances to support
the excavation and it receives approval from the Development Officer.
(c) Council or the Development Officer may establish special conditions and requirements
for construction of stairways. These shall be outlined in the development permit along
with the following conditions:
(i) Stairways shall be constructed only to preserve the bank's integrity and to
prevent erosion of the bank or shoreline;
(ii) Surface shall be either natural pressure treated wood, or preservable wood,
unfinished or stained in earth tone colors that blend in with the natural
amenities of the area;
(d)
Trees shall not be cut down to create a deck;
(e) Excavation may be permitted if there are extenuating circumstances to support the
excavation and it receives approval from the Development Officer.
(f) There shall be a limited number of decks and stairways allowed on the shoreline. For
this reason, residents are urged to share ownership of decks. When two decks are side
by side, there shall be a minimum distance of 4.57 m (15 feet) between the two.
(g) All applications shall provide a photo of where the proposed decks will go on the
shoreline. The photo shall include the proposed location precisely identified and flags
placed on the ground outlining the entire perimeter of the deck and stairway.
(h) All applicants must also post a sign at the proposed location noting that a deck/stairway
is being proposed for the flagged area. The sign shall be weather proofed and identify
the phone number and e-mail of the development officer to call for information.
(i) Once constructed, the Owner is responsible to place the address on the deck. This will
only include cabin number and close or crescent name.
(j) The deck and/or stairway Owner shall indemnify the Municipality and save the
Municipality harmless from all claims for damages the Municipality is required to pay to
the owner or owner's lawful users of the deck and stairs arising from any negligence in
the construction or maintenance of the deck and stairs.
(k) The Owner shall maintain for the duration of the Agreement and at his expense, a
minimum liability insurance policy in an amount determined by Council and name the
Summer Village of Burnstick Lake an additional named insured.
(l)
It is the intention of the Municipality and the Owner that the Owner is to take
responsibility for any required construction and maintenance of the deck and stairs
and the costs thereof, and to take the responsibility for the payment of any liability
incurred by the Municipality to the Owner and other lawful users of the deck and stairs
resulting from negligence in the construction or maintenance of the deck in order to as
closely as possible put the Owner in the same legal position with the Municipality and
others as the Owner would be if the deck were wholly within the boundaries of the
Owner's land.
(m) Use of deck or stairway will not be allowed until a compliance report has been issued
by the development officer that ensure all the above and other conditions are met.
(n) All residents in a cul de sac will be notified by letter and the permits approved will be
posted on the Bulletin Board.
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(o) The process for repair is the property owner(s) responsibility. If the deck and stairs are
in poor repair, the Summer Village will engage in consultation with the property
owner(s) and if required, the Summer Village will repair or replace and charge back to
the owner(s).
(p)
Development must be completed in one year from date of approval.
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7.4
Institutional (Public Utility) District - I
7.4.1 The purpose of this district is to provide publicly owned lands for utility facilities.
7.4.2 Permitted Uses
None
7.4.3 Discretionary Uses
Public Utility Installations and Facilities
Public or Quasi-public buildings and uses
7.4.4 Regulations
(a) Setbacks:
Shall be determined by the Development Officer having regard to the location of
adjacent uses so that the development is set-back a sufficient distance to ensure
that it will not be visually intrusive or have an adverse impact upon or by those
adjacent uses.
(b) Building Height:
Shall be no more than 10 m (32.8 ft.).
(c) Sanitation:
Shall be provided in accordance with Section 6.11.
7.5 Environmental Reserve District - ER
7.5.1 The purpose of this District is to provide an area for the preservation of public land in its
natural state, or for its development as a park and access opportunities to Burnstick Lake.
7.5.2 Permitted Uses
Natural environmental preservation
7.5.3 Discretionary Uses
Trails
Walkways
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8. APPENDIX A
8.1 Land Use District Map
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8 APPENDIX B
8.1
Yard Setback Illustration