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SUMMER VILLAGE OF GHOST LAKE
LAND USE BYLAW
Bylaw No. 2026-01
Adopted March 8, 2026
TABLE OF CONTENTS
PART ONE - PURPOSE AND AUTHORITY - p. 1
Section 1 -
Short Title
Section 2 -
Purpose
Section 3 -
Effective Date and Transition
Section 4 -
Applicability
Section 5 -
Bylaw Amendments
PART TWO - LAND USE DISTRICTS AND DISTRICT REGULATIONS - p. 4
Section 6 -
Residential (R-1) District
Section 7 -
Community Activity (CA) District
Section 8 -
Community Conservation (CC) District
Section 9 -
Community Preservation (CP) District
PART THREE - GENERAL LAND USE REGULATIONS - p. 15
Section 10 - Applicability and Potential Conflicts
Section 11 - Architectural and Landscaping Controls for Wildfire Hazard
Reduction (FireSmart)
Section 12 - Exterior Lighting
Section 13 - Fences
Section 14 - Green Energy Infrastructure
Section 15 - Livestock and Domestic Animals
Section 16
Nuisance and Environmental Protection Standards
Section 17 - Parking Requirements
Section 18 - Potable Water
Section 19 - Projections into Setback Areas
Section 20 - Sanitary Sewage
Section 21 - Sight Line Triangles at Road Junctions
Section 22 - Signs, Other
Section 23 - Setbacks from Steep Slopes
Section 24 - Setback Requirements, Minor Deviations
Section 25 - Stormwater Drainage
Section 26 - Telecommunication Towers, Antennas and Facilities
Section 27 - Vehicle Approach (Access)
PART FOUR - DEVELOPMENT PERMITS, RULES AND PROCEDURES - p. 27
Section 28 - Development Not Requiring a Development Permit
Section 29 - Development Permit Application
Section 30 - Special Application Requirements for Moved-in Buildings
Section 31 - Special Application Requirements for Development in Proximity to a
Steep Slope
Section 32 - Notification of Complete Application
Section 33 - Decision by the Development Authority
Section 34 - Conditions Attached to a Notice of Decision
Section 35 Notifications Regarding the Development Decision
Section 36 - Effective Date of a Development Permit
Section 37 - Commencement and Completion of Development
Section 38 - Non-Conforming Buildings and Uses
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PART FIVE - DEVELOPMENT CONTROL AUTHORITY - p. 39
Section 39 - Establishment of the Development Authority
Section 40 - Powers of the Development Authority
Section 41 - Variance Powers of the Development Authority
PART SIX - CONTRAVENTIONS, PENALTIES AND REMEDIES - p. 43
Section 42 - Enforcement
Section 43 - Right of Entry
Section 44 - Offences and Penalties
PART SEVEN - SUBDIVISION OF LAND - p. 46
Section 45 - Establishment of Subdivision Authority
Section 46 - Establishment of Subdivision Officer
Section 47 - Role of Subdivision Officer
Section 48 - Notice of Complete Application
Section 49 - Subdivision Authority's Responsibility
Section 50 - Subdivision Decision
PART EIGHT - DEVELOPMENT AND SUBDIVISION APPEALS - p. 50
Section 51 - Establishment of Subdivision and Development Appeal Board
Section 52 - Development Appeal Process
Section 53 - Subdivision Appeal Process
PART NINE - INTERPRETATION AND DEFINITIONS - p. 51
Section 54 - Interpretation
Section 55 - Interpreting the Land Use District Map
Section 56 - Definitions
APPENDIX A - ARCHITECTURAL AND LANDSCAPING
RECOMMENDATIONS FOR WILDFIRE HAZARD REDUCTION (FireSmart)
- p. 62
SCHEDULE A - LAND USE DISTRICTS - p. 64
SCHEDULE B - DEVELOPMENT CONSTRAINTS - p. 65
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PART ONE - PURPOSE AND AUTHORITY
SECTION 1 - Short Title
1.
This Bylaw may be cited as "the Land Use Bylaw".
SECTION 2 - Purpose
1.
This Land Use Bylaw is intended to be a tool that regulates land development and
subdivision within the Summer Village to help build a community based on the
vision and policies of the Summer Village of Ghost Lake Municipal Development
Plan. The Land Use Bylaw's purpose is to prohibit or regulate and control the use
and development of land and buildings within the municipality to achieve efficient,
orderly and economical use and development of land.
2.
More specifically and in accordance with the provisions of the Municipal
Government Act, amongst other things this Bylaw:
a) divides the Summer Village of Ghost Lake into Land Use Districts;
b) prescribes and regulates for each District the purpose for which land or
buildings may be used, and general requirements of sites and buildings
within those Districts;
c)
sets out general regulations that apply to land use and development
regardless of Land Use District;
d) establishes procedures for applying for development and subdivision
approvals;
e) institutes the office of the Development Authority and describes the duties
and functions of that Authority;
f)
establishes a method for making decisions on applications for development
permits including the issuing of said permits;
g) institutes the office of the Subdivision Authority and describes the duties
and functions of that Authority;
h) establishes a method for making decisions on applications for subdivision of
properties;
i)
outlines how appeals against development and subdivision decisions may
be made;
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j)
prescribes notification procedures; and
k) sets out methods for addressing incidents of non-compliance with this
Bylaw.
SECTION 3 - Effective Date and Transition
1.
The effective date of this Bylaw shall be the date of third reading thereof.
2.
Applications for development permits or subdivision that are received in their final
form and have been accepted as being complete, in writing, by the Development or
Subdivision Authority prior to the effective date of this Bylaw shall be processed in
accordance with the previous Land Use Bylaw and its amendments.
SECTION 4 - Applicability
1.
This Bylaw shall apply to all lands contained within the corporate limits of the
Summer Village of Ghost Lake.
2.
All future development within the Municipality shall conform with this Bylaw unless
exempt under the Municipal Government Act.
3.
No person shall commence any development within the Summer Village unless the
development is in accordance with the terms and conditions of a development
permit issued pursuant to this Bylaw or is specifically exempted from the need for a
permit.
4.
This Bylaw shall be interpreted and applied in a manner that is consistent with the
Summer Village of Ghost Lake Municipal Development Plan and any other statutory
plan adopted by the Municipality.
5.
An application to amend this Bylaw, including changing the Land Use District
applicable to a property, shall be evaluated based on the Municipal Development
Plan and any other statutory plan adopted by the municipality.
6.
Compliance with this Bylaw does not exempt any person from compliance with any
other bylaw, policy or requirement of the Municipality.
7.
The provisions of this Bylaw, when in conflict, shall take precedence over those of
other bylaws, policies or regulations of the Municipality, but not statutory plans.
8. If any provision of this Bylaw is held by a court of competent jurisdiction to be
invalid, all other provisions shall remain valid and enforceable.
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9.
Compliance with this Bylaw does not exempt any person from compliance with any
Federal or Provincial legislation, regulation, approval, licensing or permitting
requirement.
SECTION 5 - Bylaw Amendments
1.
The Municipality may initiate amendments to this Bylaw.
2.
Any person may request an amendment to this Bylaw by applying in writing and
paying the amendment application fee set out in any applicable SVGL fee bylaw.
3.
A Land Use Bylaw amendment application shall clearly explain the change being
proposed, provide reasons for the proposed change, and identify the parcel(s) to be
included in the amendment proposal. Furthermore, the applicant shall provide
proof of ownership of land within the Municipality (e.g., a recent certificate of title),
or provide proof that they are working on behalf of a land owner within the
Municipality.
4.
Proposed amendments to this Bylaw shall be undertaken in accordance with the
Municipal Government Act (MGA).
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PART TWO - LAND USE DISTRICTS AND
DISTRICT REGULATIONS
SECTION 6 - Residential (R1) District
1.
Purpose and Intent
This district is intended to provide for the development of single detached dwellings and
accessory buildings on residential lots.
2.
Permitted Uses
Home Occupations - Type 1
Hot Tubs
Satellite Dish Antennas
Signs Allowed Under Section 28 (Permits Not Required)
Single Detached Dwellings
Solar Panels on Building Roofs and Walls
3.
Discretionary Uses
Accessory Buildings and Uses
Home Occupations
Home Occupations - Type 2
Fences, Gates and Walls Higher Than Allowed Under Section 28 (Permits Not Required)
Green Energy Infrastructure
Public Utility Buildings and Installations
Single Detached Dwellings with Walkout Basements
Swimming Pools
Telecommunication Towers for Amateur/Hobby Use
4.
Minimum Parcel Size, Depth and Width for Subdivision Purposes
For subdivision purposes, the minimum lot size shall be 3,100.0 m2 (33,369 sq ft), the
minimum lot depth shall be 46.0 m (150.9 ft), and the minimum lot width shall be 22.0
m (72.2 ft). The subdivision minimums do not apply to nor shall restrict development on
existing parcels that may not meet this requirement.
5.
Building Setbacks, Height and Floor Area Requirements
The following maximum and minimum requirements for density, building setbacks
from property lines, building height, and ground floor elevation shall apply in the R1
District:
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*Note: "Blocks 1, 2 and 3" above refers to those named areas as shown on Subdivision
Plan 6490EL. They are the two blocks north of the the developed marina area,
comprising 22 residential lots located east and west of the access lane leading to the
beach, as well as the 6 residential lots at the west end of the marina area. The intention
is to keep buildings along the Ghost Reservoir further back from the shoreline.
6.
Maximum Site Coverage
The total coverage of a residential lot by all buildings, measured by total building area as
seen from above on a site plan, shall not exceed 35% of the site or 395.0 m2 (4,251.9 sq
ft), whichever is less. For clarity, it includes fabric garages, carports and similar covered
storage areas (see Building definition).
7.
Alberta Transportation and Economic Corridors Setback from Highway 1A
When a building or any associated development are proposed within 300.0 m (984.3 ft)
of the Highway 1A right-of-way, the Highways Development and Protection Act, and the
Highways Development and Protection Regulation apply. Consequently, Alberta
Transportation and Economic Corridors determines the minimum setback distance
from Highway 1A. As set out in the Regulation, a Roadside Development Permit issued
Dwelling Density per Lot
Maximum
1 Dwelling Unit
Front Yard Setback for:
All lots except those in Blocks 1, 2 and 3*
Minimum
6.0 m (19.7 ft)
Lots in Blocks 1, 2 and 3* (Road-side)
Minimum
3.0 m (9.8 ft)
Rear Yard Setbacks for:
All lots except those in Blocks 1, 2 and 3*
Minimum
3.0 m (9.8 ft)
Lots in Blocks 1, 2 and 3* (Reservoir-side)
Minimum
6.0 m (19.7 ft)
Side Yard Setback:
Minimum
1.5 m (4.9 ft)
Setback of Buildings from Highway 1A
(Closest Edge of ROW), Notwithstanding
Other Setbacks
Minimum
As required by Alberta
Transportation - see Subsection
6.7 below
Building Height for:
Principal Building
Maximum
5.5 m (18.0 ft)
Accessory Building
Maximum
4.3 m (14.1 ft)
Height of Main Floor of Dwelling Above
Finished Grade
Maximum
1.4 m (4.6 ft)
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by Alberta Transportation and Economic Corridors will normally be required. (Note:
this setback decision should also take into consideration the proposed realignment of
Highway 1A, illustrated approximately in Schedule B.)
8. Single Detached Dwellings - Ground Floor Area Minimums and Maximums
The minimum floor area of a single detached dwelling at ground level shall be 55.0 m2
(592.0 sq ft). For clarity, this includes the floor area as measured at ground level along
the exterior walls, including attached garages. It excludes basements if they are 75%
below grade, averaged around the basement walls as necessary. It also excludes decks
and balconies.
The maximum floor area of a single detached dwelling at ground level shall be 235.0 m2
(2,529.6 sq ft). For clarity, this includes the floor area as measured at ground level along
the exterior walls, including attached garages. It excludes basements if they are 75%
below grade, averaged around the basement walls as necessary. It also excludes decks
and balconies.
9.
Single Detached Dwellings - Walkout Basements on Steep Slopes
When a dwelling is built on a slope steep enough to accommodate a walk-out basement
on one side while still maintaining the maximum height limit of 5.5 m (18.0 ft) on the
other side, the maximum building height on the walk-out basement side shall be
increased to recognize the slope and allow development of the walk-out basement. This
will allow a building height of approximately 9.0 m (29.5 ft) on the downhill side of the
slope, depending on the steepness of the slope. The development of the walkout
basement shall be considered a discretionary use.
10. Accessory Buildings - Ground Floor Area Minimums and Maximums
There is no minimum ground floor area established for accessory buildings.
The maximum ground floor area for accessory buildings is as follows:
a) when the principal building on a lot is no larger than 90.0 m2 (968.8 sq ft)
at the ground floor level, one large accessory building may be allowed
provided the ground floor area of the accessory building is no greater than
58.0 m2 (624.3 sq ft);
b) when the principal building on a lot is larger than 90.0 m2 (968.8 sq ft) at
the ground floor level, the one large accessory building allowed may be
increased in size to a maximum of 90% of the principal building's ground
floor area or to 116.0 m2 (1,248.6 sq ft), whichever is the lesser area;
c)
in addition to the one large accessory building described above in 11 a) and
b), one fabric garage may be allowed on a lot provided the maximum
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ground floor area of that fabric garage does not exceed 27.0 m2 (290.6 sq
ft);
d) if any additional accessory buildings are approved on a lot, the ground floor
area of each additional building shall be limited to a maximum of 18.5 m2
(199.1 sq ft); and
e) in all cases, attention shall be paid to the maximum lot coverage allowed in
the R1 District.
11. Accessory Buildings - Sauna
When an accessory building is or contains a wood burning or smoke sauna, using wood
for its heat source rather than electricity or natural gas, the following regulations shall
apply:
a) the accessory building shall be separated from other buildings, wood
storage piles and wooden fences by a minimum of 4.0 m (13.1 ft.);
b) there shall be no tree within 4.0 m (13.1 ft) of the accessory building, as
measured at the tree trunk;
c)
a minimum 4A:20B:C rated fire extinguisher shall be kept nearby in an
easily accessible location where the temperature range does not exceed -40
to +48 degrees Celsius.
12. Accessory Buildings - Other Requirements
The following regulations shall apply to all accessory buildings:
a) there shall be no accessory buildings developed on a lot unless there is a
completed principal building;
b) an exception to clause a) above may be allowed by the Development
Authority pursuant to Subsection 6.13 below;
c)
the one large accessory building greater than 18.5 m2 (199.1 sq ft) allowed
on a lot shall be constructed with an exterior finish (roof, siding and colour)
that is the same as, or complementary to, the exterior finish of the principal
building;
d) all accessory buildings shall be separated from the principal building by at
least 3.0 m (9.8 ft), or such greater distance as necessary to meet Alberta
Building Code requirements;
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e) every accessory building on a lot shall be separated from other accessory
buildings on the lot by at least 1.5 m (4.9 ft) to allow for building
maintenance and to reduce the risk of fire spreading;
f)
one of the accessory buildings allowed on a lot may be a teepee or yurt,
provided the ground floor area is no larger than 18.5 m2 (199.1 sq ft); and
g) one of the accessory buildings allowed on a lot may be a metal shipping
container, provided the ground floor area is no larger than 15.0 m2 (161.5 sq
ft) and the shipping container is only on the lot during an approved
construction period, with that period to be established as a condition of the
development permit.
13. Accessory Buildings - Development Prior to Principal Building
The Development Authority may allow development of an accessory building prior to
completion of the principal building under the following conditions:
a) the principal and accessory buildings are approved under the same
development permit application;
b) there is financial security posted with the Municipality by the property
owner to ensure construction of the principal building, and this financial
security shall be a condition of the development permit and be established
through a development agreement;
c)
the amount of the financial security noted above shall be equal to 25% of the
estimated construction cost of the principal building, and is only to be
returned to the property owner when construction of the principal building
is approximately 25% complete and the construction work is continuing, or
if the accessory building is never constructed; and
d) the form of financial security provided to the Summer Village shall be an
automatically renewing, cashable-on-demand letter of credit issued by a
certified Canadian financial institution, or cash, and if cash the Summer
Village will not pay any interest to the developer.
14. Home Occupations - Type 1
Type 1 home occupations:
a) shall be incidental and subordinate to the principal use of the site;
b) shall be restricted to the dwelling unit;
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c)
shall not have any outside storage of material goods, inventory, equipment
or waste on the site;
d) shall not interfere with the rights of other residents to the quiet enjoyment
of a residential neighbourhood;
e) shall not generate regular vehicular traffic or parking in excess of that
characteristic of other properties in the Summer Village;
f)
shall not create a nuisance by way of dust, noise, smoke, smell or electronic
interference;
g) shall not have any employees working on the property except for the owners
or occupants of the property;
h) may have one vehicle associated with the business parked on the property
or in the vicinity of the property at any time provided the vehicle has a
Gross Vehicle Weight (GVW) rating no greater than 4,500 kg (9,920 lbs);
i)
shall not display any form of commercial signage related to the home
occupation on the property except on the one vehicle noted in h) above;
j)
shall not advertise the civic address indicating the location of the home
occupation in any public advertising medium, including but not limited to:
websites, social media, newspaper or magazine advertisements, radio
messages, posters and advertising flyers; and
k) shall not include bed and breakfast or short term rental operations, both of
which are prohibited in SVGL.
15. Home Occupations - Type 2
Type 2 home occupations shall have the same restrictions as listed above for Home
Occupations - Type 1 except that Home Occupations - Type 2:
a) may take place in one accessory building in addition to the dwelling unit;
b) may generate a small amount of traffic and on-site parking as the result of
courier deliveries or pick-ups, or customers receiving services; and
c)
may generate some periodic daytime noise but not at decibel levels that are
atypical for a normal residential property, and not that become an
annoyance to neighbours because of their frequent occurrence.
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16. Yards, Setbacks and Lot Lines - Interpretation
The illustration below provides a guide for interpreting lot lines, yards and setbacks
references and requirements. It supplements the definitions of yards provided in Part 9,
Section 56. (Note: the illustrative blue setback areas are not representative of the special
case of the Blocks 1, 2 or 3, Plan 6490EL residential lots along the reservoir, for which
the front/road-side and rear/reservoir-side setback distances are reversed).
Where a lot, other than a lot on the corner of two roads, has frontages on two public
roadways, the front yard is deemed to be the one on which normal vehicle access is
obtained. The other road frontage shall be deemed the rear yard. In cases of uncertainty,
the Development Authority will rely on the location of the vehicle accesses that service
adjacent properties to determine the front yard for the subject property.
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SECTION 7 - Community Activity (CA) District
1.
Purpose and Intent
This district is intended to provide for public uses and services that are associated with
significant recreational infrastructure and activities - such as playgrounds and sports
courts, community buildings, and recreation equipment storage - as well as public roads
and utilities, on land owned or under the control and management of the Summer
Village. It is intended to align with the Recreational Activity Area policies of the
Municipal Development Plan.
2.
Permitted Uses
Community Buildings
Equipment Storage Buildings
Golf Courses
Picnic and Seating Areas
Playground Structures
Public Roadways
Public Utilities
Satellite Dish Antennas
Signs Allowed Under Section 28 (Permits Not Required)
Solar Panels on Building Roofs and Walls
Sports Fields and Associated Structures
Trails and Associated Structures
3.
Discretionary Uses
Accessory Buildings
Fences, Gates and Walls Higher Than Allowed Under Section 28 (Permits Not Required)
Green Energy Infrastructure
Seasonal Storage Facilities
Signs, Other
Sports Courts and Associated Structures
4.
Minimum Parcel Size for Subdivision Purposes
The minimum parcel size shall be at the discretion of the Subdivision Authority, which
shall give consideration to the anticipated future use of the proposed parcel.
5.
Building Setbacks, Height and Floor Area Requirements
The maximum and minimum requirements for building setbacks from property lines,
and for building heights shall apply in the CA District:
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6.
Maximum Site Coverage
Maximum site coverage shall be at the discretion the Development Authority.
7.
Alberta Transportation and Economic Corridors Setback from Highway 1A
When a building or any associated development are proposed within 300.0 m (984.3 ft)
of the Highway 1A right-of-way, the Highways Development and Protection Act, and the
Highways Development and Protection Regulation apply. Consequently, Alberta
Transportation and Economic Corridors determines the minimum setback distance
from Highway 1A. As set out in the Regulation, a Roadside Development Permit issued
by Alberta Transportation and Economic Corridors will normally be required. (Note:
this setback decision should also take into consideration the proposed realignment of
Highway 1A, illustrated approximately in Schedule B.)
SECTION 8 - Community Conservation (CC) District
1.
Purpose and Intent
This district is intended to provide areas for recreational activities that require minimal
infrastructure - such as trails and benches - where exploring nature, walking or running,
cross-country skiing, picnicking or meditation; and informal sports and games would be
characteristic. It applies to land owned or under the control and management of the
Summer Village, and is intended to align with the Protected Area policies of the
Municipal Development Plan. Public roads and necessary public utilities, such as gas
and electrical power lines, are also acceptable uses.
Front Yard Setback
Minimum
7.5 m (24.6 ft)
Rear Yard Setback for:
Principal Building
Minimum
6.0 m (19.7 ft)
Accessory Building
Minimum
3.0 m (9.8 ft)
Side Yard Setback
Minimum
2.0 m (6.6 ft)
Setback of Buildings from Highway 1A
(Closest Edge of ROW), Notwithstanding
Other Setbacks
Minimum
As required by Alberta
Transportation - see Subsection
7.7 below
Building Height for:
Principal Builiding
Maximum
5.5 m (18.0 ft)
Accessory Building
Maximum
4.5 m (14.8 ft)
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2.
Permitted Uses
Picnic and Seating Areas
Public Roadways
Public Utilities
Signs Allowed Under Section 28 (Permits Not Required)
Trails and Associated Structures
3.
Discretionary Uses
Disc Golf
Fences, Gates and Walls Higher Than Allowed Under Section 25 (Permits Not Required)
Green Energy Infrastructure
Informal Recreation
Signs, Other
Telecommunication Towers, Antennas and Facilities
Weather Monitoring StationMinimum Parcel Size for Subdivision Purposes
The minimum parcel size shall be at the discretion of the Subdivision Authority, which
shall give consideration to the anticipated future use of the proposed parcel.
4.
Building Setbacks, Height and Floor Area Requirements
No buildings are anticipated in this district. For telecommunication towers, antennas
and facilities (which may be include a small building), and green energy infrastructure
or other development that may require setback, height or floor area limits, the
Development Authority shall set the requirements on the basis of the particular
development type and location, using the requirements of the above CA District as a
guide when appropriate.
5.
Alberta Transportation and Economic Corridors Setback from Highway 1A
When a structure and any associated development are proposed within 300.0 m (984.3
ft) of the Highway 1A right-of-way, the Highways Development and Protection Act, and
the Highways Development and Protection Regulation apply. Consequently, Alberta
Transportation and Economic Corridors determines the minimum setback distance
from Highway 1A. As set out in the Regulation, a Roadside Development Permit issued
by Alberta Transportation and Economic Corridors will normally be required. (Note:
this setback decision should also take into consideration the proposed realignment of
Highway 1A, illustrated approximately in Schedule B.)
6.
Maximum Site Coverage
Maximum site coverage shall be at the discretion the development authority.
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SECTION 9 - Community Preservation (CP) District
1.
Purpose and Intent
This district is intended to provide protection to areas of land owned or under the
control and management of the Summer Village that may be sensitive to human activity
and disturbance; for example, wetlands or important water recharge areas. In such
areas, the need for development should be minimal. It is intended to align with the
Preservation Area policies of the Municipal Development Plan.
2.
Permitted Uses
Signs Authorized by Council
3.
Discretionary Uses
Seating Areas
Trails and Associated Structures
4.
Minimum Parcel Size for Subdivision Purposes
The minimum parcel size shall be at the discretion of the subdivision authority, which
shall give consideration to the area needed to be protected for conservation purposes.
5.
Building Setbacks, Height and Floor Area Requirements
No buildings are allowed in this district.
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PART THREE - GENERAL LAND USE
REGULATIONS
SECTION 10 - Applicability and Potential Conflicts
1.
These General Land Use Regulations apply to all developments within the
municipality unless otherwise exempted in this Part.
2.
If any regulation in this Part Three conflicts with any regulation of a Land Use
District, the regulation in the Land Use District shall take precedence.
SECTION 11 - Architectural and Landscaping Controls for
Wildfire Hazard Reduction (FireSmart)
1.
The Summer Village of Ghost Lake is characterized by light tree cover and extensive
areas of grass. While this means there is little risk from forest fires, the risk of
wildfire associated with dry grass can be high during extended dry period.
Additionally, fire response manpower and equipment will take considerable time to
arrive in force, so even a building fire has the potential to spread rapidly given the
right conditions. Hence the need for Summer Village landowners to undertake
development and manage vegetation in a FireSmart manner. This section of the
Bylaw is intended to establish a minimum level of preventative regulation while
suggesting and encouraging use of additional FireSmart construction materials and
vegetation management.
2.
All building roofs shall be constructed of non-combustible or fire retardant materials
with a minimum Class B fire rating. Use of wooden roof shingles is prohibited.
3.
Property owners and developers should follow the FireSmart recommendations
contained in Appendix 1 of this Bylaw when constructing new buildings or
undertaking renovations of existing buildings.
4.
Property owners and developers should also follow the FireSmart recommendations
contained in Appendix 1 of this Bylaw when undertaking landscaping projects.
SECTION 12 - Exterior Lighting
Note to reader: As a reminder, the Land Use Bylaw is intended to regulate new
development and this section does not apply to existing lighting. However, it is
recommended that existing buildings follow these requirements when lights are
replaced.
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1.
The Summer Village supports International Dark-Sky Association lighting
principles, and all exterior lighting in the Municipality should be:
- useful and have a clear purpose, or otherwise avoided;
- targeted so that the light shines only where needed;
- controlled so that it is used only when needed; and
- 'warm' in terms of the Correlated Colour Temperature spectrum, avoiding
blue-violet light.
2.
Exterior lighting fixtures (the housing that holds the bulb) shall be of full-cutoff
design so that the bulb is completely within the fixture, with no light emission above
a hypothetical horizontal plane drawn through the bottom of the fixture.
3.
Notwithstanding Subsection 2 above, lighting that is intended for safety or security
purposes and is connected to a motion sensor and timer so that it turns off
automatically after a relatively short period of time does not have to be of full-cutoff
design.
4.
All exterior lighting referenced in Subsection 12.3 above shall have a downward
angle of 45 degrees or more and shall not shine onto adjacent properties.
5.
The Correlated Colour Temperature of exterior lights should be less than 3,200
Kelvins (i.e., be warmer or more yellow in hue; a typical incandescent light is 2,600 -
2,700 Kelvins).
6.
These requirements do not apply to construction sites or other temporary outdoor
activities that may require bright lighting during the 8:00 AM to 10:00 PM work
period (see Subsection 16.1), although attempts should still be made to minimize the
adverse effects of any such bright lighting on adjacent properties.
7.
These requirements also do not apply to temporary lighting put up to celebrate
special events, like Christmas.
SECTION 13 - Fences
1.
Fences are exempt from yard setback requirements and may be built on or next to a
property line.
2.
Except as prescribed in Subsection 13.4 below, fences may be a maximum of 1.2 m
(4.0 ft) in height along the three sides of a front yard of a property. The front yard is
typically the side of the lot facing the road from which vehicle access is obtained (see
diagram in Subsection 6.16 above).
3.
Except as prescribed in Subsection 13.4 below, fences may be a maximum of 2.0 m
(6.6 ft) in height in the side and rear yards of a property.
4.
For the residential lots in Blocks 1, 2 and 3, Plan 6490EL, the maximum fence height
in any front or rear yard is 1.2 m (4.0 ft), and the maximum fence height in a side
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yard is 2.0 m (6.6 ft). For ease in locating these lots, the referenced Blocks 1 and 2
are the two residential blocks north of the the developed marina area, located east
and west of the access lane leading to the marina beach. Block 3 contains the six
residential lots at the west end of the marina area. The lower fencing is intended to
preserve views of the Ghost Reservoir.
5.
A proposed fence that would be above any of the maximum heights referenced above
shall be considered a Discretionary Use, and its construction first requires a
development permit application that may be approved, approved with conditions or
refused.
6.
Notwithstanding other regulations in this Section, a fence intended to prevent
wildlife passage may be erected around garden areas without the need for a
development permit provided such wildlife fence is entirely within the parcel, the
fence is at least 1.0 m (3.3 ft) back from all property lines, the fence uses woven or
mesh wire material such as Page wire or chain link, and the fence is no greater than
a maximum of 2.4 m (7.8 ft) in height.
7.
The use of barbed wire or electrical fencing is prohibited within the Summer Village.
8. Fencing around pools shall be provided in accordance with the Alberta Building
Code requirements.
9.
When a sports court or other recreational facility requiring a fence is approved, the
Development Authority shall determine the maximum height of the surrounding
fence giving consideration to any adverse effect the fence may have on adjacent land
uses, property values and the amenities of the area.
SECTION 14 - Green Energy Infrastructure
1.
Green energy infrastructure is encouraged, and development permit applications
for these will be viewed favourably by the development authority.
2.
When locating green energy infrastructure on a property, care shall be taken not to
disturb the operation of any private sewage system.
3.
Ground-mounted solar panels may be approved provided they comply with the
maximum height and minimum yard setback distances for accessory buildings. In
such cases the maximum site coverage regulation for the applicable Land Use
District shall apply.
4.
Geothermal energy systems may be allowed. Any portion higher than 0.6 m (2.0 ft)
above grade must meet the maximum height and minimum yard setback
regulations for accessory buildings in the applicable Land Use District.
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5.
Energy storage systems may be allowed depending on the type of storage and the
infrastructure that supports them. Electrical storage systems for buildings use
various types of batteries and are gradually becoming more common. However,
they may pose a fire risk depending on type. Thermal energy systems (both for
generation and storage) vary in type, nature and size, and are an evolving
component of green energy infrastructure. Therefore, the Development Authority is
hereby given broad discretion in dealing with electrical energy storage systems and
with any thermal energy generation or storage system applications. The approval
decision, and any conditions of approval, are to be based on seeking to expand
green energy use while minimizing potential adverse effects on neighbouring
property values or community amenities. The Development Authority may consult
other experts in this regard, including the local fire department, given the risk of
fire associated with some energy storage systems. Recommended requirements for
energy storage systems with fire risks are:
a) they are to be installed only in buildings or areas that are not usually lived in,
such as a garage;
b) if the installation room is unfinished, the walls and ceiling should be
protected by at least 16 mm (5/8 inch) gypsum board;
c)
if located in a garage, they should be mounted or protected in such a way that
they cannot be accidentally damaged by a vehicle; and
d) signs or placards should be mounted near the energy storage system, the
main electrical panel, and the outdoor electrical meter to clearly identifying
that the energy system is installed in the residence.
6.
For all green energy developments, including storage systems, Provincial and
Federal regulations (such as the Alberta Safety Code Act and its regulations) may
apply and take precedence over municipal regulations.
SECTION 15 - Livestock and Domestic Animals
1.
No person shall keep or permit to be kept on any parcel:
a) animals, livestock or poultry with the exception of dogs, cats and such other
usual domestic pets as are generally kept indoors, and providing such
domestic pets are kept under the condition that they do not act as a nuisance
or reduce the amenities of the area; or
b) any pets or domestic animals on a commercial basis.
2.
No person shall operate a dog kennel on any parcel in the Summer Village.
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SECTION 16 - Nuisance and Environmental Protection
Standards
1.
No development shall emit contaminants in excess of the standards prescribed by
the Province of Alberta pursuant to the Alberta Environmental Protection and
Enhancement Act and it regulations.
2.
No Development shall discharge toxic or noxious materials:
a) across the boundaries of a site;
b) through infiltration into the subsoil; or
c)
into a water body or watercourse.
3.
No person shall be allowed to keep or maintain on a property:
a) a derelict vehicle or boat unless it is kept out of public sight, such as in an
enclosed building;
b) a commercial vehicle with a Gross Vehicle Weight Rating (GVWR) greater
than 4,500 kg (9,920 lbs) for longer than is reasonably necessary to load or
unload the vehicle;
c)
a recreational camper or tent if the property does not already have a
completed single detached dwelling on it;
d) if the property has a completed single detached dwelling constructed on it, a
recreational camper or tent for a period longer than fourteen (14) consecutive
days unless the said recreational camper or tent is unoccupied, is owned by
the resident of the property, and is being held in storage on the property, and
in such cases the maximum GVWR limit established above is not applicable;
or
e) any object or chattel which, in the opinion of the Development Authority, is
unsightly or tends to adversely affect the amenities of the community or
property values, and for avoidance of doubt this could include recreational
campers and light service utility trailers.
SECTION 17 - Parking Requirements
1.
Residential developments shall have a minimum of two parking spaces provided on
the site, and their location shall be illustrated in the development permit
application.
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2.
Each parking space shall be a minimum of 6.0 m (19.7 ft) in length and 3.0 m (9.8
ft) in width, but parking spaces do not have to be defined in any way on the site, nor
gravelled or paved.
3.
Residential parking spaces may be placed in one common area, such as in a garage,
or be placed separately on a site.
4.
For non-residential developments, the minimum parking requirements shall be
determined by the Development Authority based on the type of use and its
anticipated traffic volume. To assist in this regard, the Development Authority may
consult other municipal land uses bylaws.
SECTION 18 - Potable Water
1.
Potable water may be provided to a building through use of an on-site water well, a
cistern or both.
2.
In the case of a water well, it must be drilled by an Alberta-certified well driller and
the well must be registered with Alberta Environment and Parks.
3.
A water cistern must be a minimum of 5.0 m (16.4 ft) back from a property line
regardless of a Land Use District's setback requirements to minimize any adverse
effect on adjacent properties in the event of leakage, and for installation and
servicing purposes. An exception to this requirement shall be made when the
cistern is completely within a principal building because that building will likely
contain any water leakage.
SECTION 19 - Projections Into Setback Areas
1.
Unless otherwise allowed in this Bylaw, buildings must not be located in any setback
area.
2.
Portions of a building located above the surface of the ground may project into a
setback area only in accordance with the rules contained in this Part or in
accordance with a variation granted by the Development Authority in a development
permit.
3.
Eaves, cornices, pilasters, balconies, unenclosed decks, stairways, bay windows,
fireplaces, and window or door canopies may project into a front or rear yard
setback by a maximum of 1.5 m (4.9 ft), and into a side yard setback by a maximum
of 0.6 m (2.0 ft).
4.
Portions of a building below the surface of the ground may extend without any limits
into a setback area provided the property owner can demonstrate to the
Development Authority that there is sufficient setback for construction and
maintenance purposes.
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5.
Patios and wheelchair ramps may project without any limits into a setback area.
SECTION 20 - Sanitary Sewage
1.
The Summer Village and its residents are very reliant on use of groundwater for
potable water. Hence protection of groundwater quality is important to the
community, and the Development Authority shall pay close attention to ensuring
that all sewage treatment systems are properly designed and constructed even
though the authorization of new private sewage treatment systems falls under the
Alberta Safety Codes Act and its regulations. It is expected that landowners and
developers will also have high regard for the construction of proper sewage
treatment systems.
2.
The sewage system for all new residential development in the Summer Village shall
be compliant with the Alberta Private Sewage Standard of Practice 2021, or the most
current Provincial regulation.
3.
The applicant for a development permit for a dwelling or any other building
requiring a sewage treatment system shall provide evidence suitable to the
Development Authority as part of the development permit application that the site is
capable of accommodating the selected private sewage system.
4. Where a development permit is being sought for redevelopment or expansion of an
existing dwelling or any other building with a sewage system, the Development
Authority may require proof that the existing private sewage system is in good
condition and sized properly to accommodate the development. This may require
proof from an engineer or other qualified person, such as an Alberta qualified,
sewage system installer. If this proof requirement cannot be met, the developer shall
install a new sewage treatment system.
5.
Where a holding tank is proposed, the Development Authority may require that
proof, provided to the Municipality, of the holding tank being pumped out on a
regular basis is a condition of a development permit, and may require the
installation of a high level alarm in the holding tank.
SECTION 21 - Sight Line Triangles at Road Junctions
1.
In order not to restrict visibility from vehicles and therefore create a safety hazard at
the junction of public roadways, no building, fence, tree, bush, other landscaping or
similar object that is greater than 1.0 m (3.3 ft) in height is allowed within the
triangle formed by a straight line drawn between two points on the built road
adjacent to the boundaries of a corner lot, those two points being 7.5 m (24.6 ft)
from the corner of the intersecting roads. For clarity, this corner triangle is
illustrated conceptually below.
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2.
Notwithstanding the above restriction, at the Development Authority's sole
discretion, a tree or similarly narrow vertical object may be allowed within the
described sight line triangle provided a viable line of sight for vehicle drivers
remains available between the height of 1.0 m (3.3 ft) and 3.0 m (9.8 ft); that is,
there remains good visibility of the road junction at the approximate sight line of
drivers in vehicles of various types despite the presence of the object.
SECTION 22 - Signs, Other
1.
Except for the type of signs specifically exempted from the need for development
permits in Part Four, Section 28, all signs that can be easily seen from adjoining
properties, including public roadways, require a development permit prior to
placement.
2.
Any sign requiring a development permit shall be of the smallest size necessary to
fulfill its function and shall not be lit from the exterior or interior unless such
lighting is needed to address safety concerns.
3.
In considering approval of such signs, the Development Authority shall use its best
judgement as to whether or not the sign provides a community benefit, and the
likely affect of the sign on property values and neighbourhood amenities.
4.
Signs advertising goods or services to travellers on Highway 1A are prohibited.
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SECTION 23 - Setbacks from Steep Slopes
1.
Several parcels in the Summer Village have slopes that exceed 15% over extended
distances, or are located next to such slopes. Schedule B may be used by applicants
and the Development Authority to help identify such properties but is not
definitive.
2.
A minimum principal building setback of 20.0 m (65.6 ft) is required from the top
or toe of an escarpment as defined in this Bylaw when the escarpment has a slope
greater than 15%.
3.
A reduced principal building setback from the top or toe of an escarpment may be
considered when the Development Authority is satisfied by the submission of a
geotechnical report, prepared and stamped by a geotechnical engineer registered in
the Province of Alberta, that demonstrates that a lesser setback is warranted.
4.
Where the above-mentioned geotechnical report recommends special provisions to
building design or construction, landscaping, water drainage or other things to
ensure the safe location the building next to the escarpment, the Development
Authority may include those provisions as conditions of the development permit.
5.
Where the development permit has been issued pursuant to Subsection 23.4 above,
the Development Authority may require the applicant to enter into an agreement to
ensure that the development is completed in accordance with approved engineering
and construction measures as may be referenced in the conditions of a development
permit.
6.
In some cases a property owner may not own the land containing the escarpment
mentioned above, and may not be able to obtain permission to secure the necessary
slope stability testing. In such cases the Development Authority may accept less
rigour in the slope stability assessment but an opinion must still be provided by a
registered Alberta geotechnical engineer.
SECTION 24 - Setback Requirements, Minor Deviations
1.
An existing building that does not meet the minimum yard setbacks for the Land
Use District where it is located shall nonetheless be deemed compliant if it is within
0.3 m (1.0 ft) of the minimum front yard setback, 0.3 m (1.0 ft) of the minimum rear
yard setback, or 0.2 m (0.7 ft) of the minimum side yard setback.
SECTION 25 - Stormwater Drainage
1.
All lots shall be contoured so that stormwater (surface water runoff) is contained on
the property or directed to adjacent roadways. Stormwater shall not be directed onto
adjacent private properties.
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2.
When new development is undertaken, existing buildings are enlarged, or a parcel's
topography is otherwise adjusted, an effort should be made to follow Low Impact
Development techniques to enhance surface water infiltration. Examples are: rain
gardens and bio-swales; better-directed water from roof drain pipes; capture and re-
use of rainwater; use of semi-permeable hard landscaping materials, etc.
3.
Persons undertaking subdivision shall follow the most current version of the
Stormwater Management Guidelines for the Province of Alberta.
SECTION 26 - Telecommunication Towers, Antennas and
Facilities
1.
Industry Canada has the ultimate authority for the approval of telecommunications
facilities. To ensure these developments address municipal planning issues, the
following subsections describe what is required for the installation of
telecommunications towers, antennas and facilities. Moreover, the Summer Village
proposes that an applicant for a telecommunication tower, antenna or facility
follows the normal development permit application process to obtain the community
input and opinion required by Industry Canada. In this regard it is noted that this
process allows for an appeal and thus consideration of the proposal by two different
municipal bodies.
2.
The Summer Village recognizes telecommunication technology is changing rapidly,
including use of low earth orbit satellites, 5G cellular networks with the need for
more cellular sites with higher gain antennas, future 6G cellular networks, and low
power wide-area networks. Hence the regulations included in this Section should be
interpreted in a broad fashion, with the intention being to enable new technologies
while minimizing any adverse effects on the community.
3.
Telecommunication towers and their associated facilities, such as an accessory
building housing control equipment, shall be designed to meet the minimum setback
requirements of the Land Use District in which they are located.
4.
Smaller telecommunication antennas - those with a 1.0 m (3.2 ft) or less diameter if
circular, or of similar area if a polygon - may be placed on buildings or other existing
structures, such as electrical poles, when feasible. In such cases, the Land Use
District setbacks applicable to those buildings or structures apply.
5.
All telecommunications towers, antennas and facilities shall be designed to blend in
with the surrounding environment, except where prevented by aeronautical safety
requirements. When appropriate, the use of antenna structures that are designed to
look like trees (stealth towers) should be considered. Monopoles are also preferred
over lattice-type towers.
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6.
All buildings, structures and visible equipment accessory to telecommunications
towers, antennas and facilities shall be architecturally compatible with the
surrounding environment. Use of appropriate vegetation and screening is
encouraged.
7.
For taller telecommunication towers (over 30.0 m high), the applicant shall
demonstrate that consideration has been given to minimize the risks to birds,
including but not limited to: keeping the tower height as low as possible to avoid
lighting requirements; placing daytime visual markers on any required guy wires;
and selecting lighting that has been shown to be less of an attractant to birds.
8. When telecommunications towers, antennas and facilities are approved, the owners
should give consideration to providing the opportunity for qualified professionals to
undertake research on the site that may ultimately result in recommendations for
reducing adverse effects of telecommunication towers and facilities on birds and
other wildlife.
9.
Telecommunications towers, antennas and facilities shall be fenced as necessary to
the satisfaction of the Development Authority to prevent access to the base of the
tower or any other supporting structures.
10. The use of any portion of telecommunications towers, antennas and facilities for
erecting signs, other than signs for warning or equipment information, is prohibited.
11. When telecommunication towers, antennas or facilities become obsolete, or
damaged and un-repaired, they shall be immediately removed and the development
site reclaimed by the owner.
SECTION 27 - Vehicle Approach (Access)
1.
For the purposes of this Bylaw, the portion of a driveway that is in a public roadway
(i.e., the road right-of-way) and connects a parcel to the public road constructed
within the roadway is termed a vehicle approach. The vehicle approach provides
access to the parcel from the road, and is on land under the control and
management of the Summer Village. Such vehicle approaches are purpose
constructed, usually with gravel or asphalt surfaces and including a culvert where
necessary. They do not include informal passageways over grassed areas.
2.
The Development Authority may require the installation or upgrade of the vehicle
approach to a parcel when a development permit is issued.
3.
To determine whether or not an upgrade is needed, the Development Authority
may require preparation of a document or drawing to show details of the existing or
proposed vehicle approach as part of a development permit application.
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4.
Given local variations in terrain and elevation, the vehicle approach to each parcel
may be custom designed. However, the interest of the Summer Village is to seek the
following:
a) that there is no more than one vehicle approach per parcel, although a second
approach may be allowed if deemed necessary by the Development Authority;
b) that the vehicle approach is at least 7.5 m (24.6 ft) away from a road
intersection;
c)
that the approach has a minimum driving surface width of 3.5 m (11.5 ft) and
a maximum driving surface width of 6.0 m (19.7 ft);
d) that the maximum grade (slope) of the approach is approximately 4.0 %;
e) that the approach is constructed so as to be more or less perpendicular to the
built road;
f)
that the approach is constructed of material that is sufficiently compacted to
carry a fire truck or other emergency vehicle, and finished with gravel or
asphalt;
g) that the surface water drainage system used along the side of the built
municipal road that is contiguous to the subject site is reflected in the vehicle
approach, particularly by installation of a culvert of suitable construction
(depth, diameter, length, slope and depth of cover) if there is a ditch deeper
than 0.5 m (1.6 ft) along the side of the road that the approach crosses;
h) that any culvert installed in a vehicle approach is no greater than 8.0 m (26.2
ft) in length to facilitate maintenance; and
i)
that the public roadway next to the vehicle approach is planted with grass so
that it is returned to the same or a better condition that before construction
within a year.
5.
When the Development Authority does require installation or upgrade of the vehicle
approach to a parcel, the developer shall contact SVGL administration prior to
undertaking any work in the municipal roadway.
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PART FOUR - DEVELOPMENT PERMITS,
RULES AND PROCEDURES
SECTION 28 - Development Not Requiring a Development
Permit
1.
The following development shall not require a development permit providing all
other provisions of this Bylaw are met:
a) maintenance or repair to any existing building for which a development
permit was previously obtained or from which the building was exempt,
provided there is no enlargement of, or change to, the building's structure;
b) installation, maintenance or repair to any services and utilities (including
water wells, power lines and private sewage systems), private walkways,
pathways, driveways and patios provided that such works do not include
structural alterations to the principal dwelling or major works of renovation
that will result in a change in the lot grade;
c)
a temporary building, the sole purpose of which is incidental to the erection
or alteration of a building for which a development permit has been issued
under this Bylaw, but the Development Authority shall be provided with
written confirmation of when the temporary facility is to be removed before
the temporary building is placed on site;
d) excavations, and importing, removal or stockpiling of soil associated with an
approved development permit or otherwise exempted by this Section;
e) the construction of an accessory building having an external area no greater
than 10.0 m2 (107.6 sq ft);
f)
the erection or construction of gates, fences, walls or other means of
enclosure that are no higher than the maximum fence heights established in
Section 13, and the maintenance, improvement and other alterations of any
existing gates, fences, walls or other means of enclosure that comply with
those maximum fence heights;
g) hot tubs situated in accordance with minimum yard setbacks;
h) landscaping, including construction of patios and installation of other non-
vegetative landscaping, where the existing grade and natural surface drainage
pattern is not altered in a manner that would adversely affect adjoining
properties;
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i)
the installation, maintenance and repair of parks, public works and pubic
utilities carried out by or on behalf of federal, provincial and municipal public
authorities on land which is publicly owned or controlled;
j)
the construction, widening, altering or maintaining of a road in a public
roadway;
k) the use of a building or part thereof as a temporary polling station for a
federal, provincial or municipal election, referendum or plebiscite;
l)
property identification signs with names and/or numbers on private
property, provided the sign is no larger that 0.4 m2 (4.3 sq ft) in area, the top
of the sign is no higher than 2.5 m (8.2 ft) above grade, and the sign is placed
on private property;
m) signs provided to property owners by the Summer Village that show the
emergency response identification number assigned to a parcel;
n) real estate advertising signs provided the sign is no larger than 1.5 m2 (16.0 sq
ft) in area, the top of the sign is no higher than 1.5 m (4.9 ft) above grade, and
the sign is removed within 7 days following sale of the property;
o) political advertising signs provided the sign is no larger that 2.0 m2 (21.5 sq
ft) in area, the top of the sign is no higher than 2.0 m (6.6 ft) above grade, and
the sign is in place only during the election period and is removed within 72
hours after the close of polls;
p) street name signs, trail name signs and directional signs placed on public
property by Council or administration;
q) temporary signs placed on public property by Council or administration to
advertise a community event or safety concern, with the signs to be removed
as soon as reasonably feasible after the event or safety concern is over;
r)
home occupations - type 1;
s)
telecommunication towers for amateur/hobby use provided the tower or
antenna is no higher than the maximum height of a principal building in the
applicable Land Use District and meets the yard setback requirements for
principal buildings;
t)
satellite dish antennas with a diameter of 1.0 m (3.3 ft) or less, or of similar
area (approximately 0.8 m2 or 8.5 sq ft) if the antenna is not circular,
provided the antennas are attached to a building; and
u) solar panels mounted on the roof or wall of a building.
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SECTION 29 - Development Permit Applications
1.
Any person making application for a development permit shall complete the
application form approved by Council and available on the Summer Village's website
or from the Municipality's administrative office.
2.
The applicant shall pay the required development permit application fee as
established by Council in any applicable Summer Village of Ghost Lake fee bylaw,
and an application will not be processed until said fee has been paid in full.
3.
The applicant shall also provide the financial security established in the applicable
Summer Village fee bylaw to ensure completion of the development, closure of all
related paperwork, and recovery of any Municipal costs resulting from damage to
Municipal infrastructure during construction.
4.
An application for a development permit shall be made to the Development
Authority using the prescribed application form, signed by the owner or agent and
accompanied by:
a) a site plan drawn to an appropriate scale, and where required due to the large
size of the original material, one (1) copy of the site plan reduced to a
standard page size (letter, legal or 11"x 17"), showing:
i.
north arrow and scale;
ii. legal description of the property and municipal address if available;
iii. lot lines shown with dimensions;
iv. a grade slip showing the elevation of the property at relevant points,
such as the corners of the property and at proposed building locations;
v.
site topography showing proposed storm water drainage;
vi. significant topographic features including escarpments with a slope
greater than 15%, and any water springs or water courses;
vii. location of existing and proposed buildings or structures, dimensioned
to property lines;
viii.site coverage calculations;
ix. location of existing and/or proposed on-site water well or cistern;
x.
location of existing and/or proposed private sewage system;
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xi. the distance between any water well and the private sewage system
(note that this must conform to Provincial requirements);
xii. location of existing and proposed driveways, culverts and parking
areas; and
xiii.location of existing and proposed retaining walls or other physical
features;
b) elevation drawings of each side of the building including building height
measurements;
c)
floor plans of each building floor/level including the basement;
d) a description or visual representation of exterior finishing materials;
e) evidence from a qualified individual that the sewage treatment system will
meet the requirements of the most current version of the Alberta Private
Sewage Systems Standard of Practice given the development proposal and
site characteristics;
f)
if the development will be within 300.0 m (984.2 ft) of the Highway 1A right-
of-way, written evidence from Alberta Transportation specifying the
minimum setback requirement from Highway 1A applicable to the subject
development;
g) a certificate of title for the property obtained within thirty (30) days prior to
the date the development permit application;
h) if the applicant is an agent of the landowner, a letter from the landowner
verifying the agent's authority to make the application; and
i)
the development permit application fee and security deposit as prescribed by
Council.
5.
In addition to the above development permit application requirements, the
Development Authority may require any or all of the following:
a) a plan of survey prepared by a registered Alberta Land Surveyor;
b) a real property report prepared by a registered Alberta Land Surveyor;
c)
an aerial photograph of the site;
d) a construction management plan;
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e) an exterior lighting plan;
f)
a plan showing the location of garbage and storage areas, and the location
and design of any associated fencing or screening;
g) a slope stability report prepared by a geotechnical engineer registered in the
Province of Alberta if any proposed building is within 20.0 m (65.6 ft) of the
top of an escarpment or toe of an escarpment as defined in this Bylaw;
h) a description with accompanying drawing of the existing vehicle approach to
the parcel, with an assessment of whether or not it is compliant with the
existing road drainage (e.g., drainage ditch and culvert versus level grade),
and a description of its width and construction material (e.g., dirt, gravel or
paved), and whether or not it will be upgraded or otherwise altered (see also
Section 27, Vehicle Approach);
i)
a study prepared by a professional engineer registered in the Province of
Alberta regarding the characteristics and suitability of any existing vehicle
approach to the site, including consideration of the ability of the approach to
accommodate storm water drainage in the public roadway;
j)
a storm water management plan prepared by a professional engineer
registered in the Province of Alberta;
k) a site grading plan with contour lines drawn at no greater difference than 1.0
m (3.3 ft) showing finished elevations in relation to adjacent properties and
roadways, and the proposed grade at the corners of any proposed building;
and
l)
other such information that may be required at the discretion of the
Development Authority.
SECTION 30 - Special Application Requirements for Moved-
in Buildings
1.
Any person making application to move an existing building onto a lot as a principal
or accessory building shall:
a) make the usual application for a development permit;
b) state the present location and use of the building;
c)
provide photographs of the building showing each elevation and the general
condition of the building; and
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d) provide a report prepared by a qualified individual describing the status of
the building in terms of the current Alberta Building Code requirements and
an outline of what upgrades need to be undertaken in order to meet the
current Building Code requirements.
2.
The Development Authority may, at its sole discretion, inspect the building or cause
the building to be inspected by a person it appoints in order to determine the
suitability of the building for the proposed use.
3.
The Development Authority may require that certain works of structural alterations,
repair or maintenance of the building, or preparation of the proposed site, be carried
out as a condition of the issue of the development permit.
4.
The Development Authority may require that suitable financial security in favour of
the Municipality be posted to guarantee that any necessary upgrading of the building
to meet the conditions of the development permit be completed in a timely fashion.
The financial security shall be released upon satisfactory completion of the work, but
shall be forfeited or used by the Municipality to complete the work if said work is not
completed in accordance with the requirements of the development permit. The
details of this shall be established in a development agreement registered on the title
of the property onto which the building is moved.
5.
Any travel or other costs incurred by the Development Authority in processing a
development permit for a moved-in building, including preparation of a
development agreement, shall be paid to the Municipality by the applicant prior to
the security discussed above being released.
SECTION 31 - Special Application Requirements for
Development in Proximity to a Steep Slope
1.
Schedule B of this Bylaw may be used by the applicant or Development Authority to
provide an indication of slope locations and steepness. It is not a definitive
reference.
2.
Where an applicant wishes to locate a building or other structure within 20.0 m
(65.6 ft) from the top or toe of an escarpment as defined in this Bylaw and the
escarpment has a slope greater than 15%, the applicant shall provide a geotechnical
report, prepared and stamped by a geotechnical engineer registered in the Province
of Alberta, that demonstrates that a lesser setback is warranted.
3.
If the geotechnical engineer believes that the relaxation of the required 20.0 m (65.6
ft) setback is only warranted if certain requirements are met, the geotechnical report
must state those requirements.
4.
Further to the above, if the setback relaxation requires special building construction
solutions and those construction details extend beyond the geotechnical engineer's
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expertise, the applicant should consult an Alberta-registered architect or structural
engineer when preparing the development permit application.
SECTION 32 - Notification of Complete Application
1.
Upon receipt of a development permit application, the Development Authority shall
determine if the application is complete within 20 days.
2.
An application is complete if, in the opinion of the Development Authority, the
application contains the documents and other information necessary to review the
application.
3.
In making this completion assessment, in addition to the items listed on the
development permit application form provided by the Municipality, the
Development Authority shall take into account the need for the application to
address any special concerns, such as the site's proximity to a slope, additional
description of the type of building or use proposed, whether or not a proposed
building is already constructed and is to be moved onto the site, and any other
relevant planning matters.
4.
If the Development Authority determines that the application is incomplete, the
Development Authority shall issue to the applicant a written notice that the
information is incomplete, specifying the outstanding documents and information
required, and stating the date by which the outstanding documents and information
shall be submitted. The written notice must also state that the applicant and the
Development Authority may agree to a later date for the outstanding documents
and information to be submitted.
5.
Additional extensions to the time set out for completion of the development permit
application may be granted if, in the opinion of the Development Authority, there is
adequate rationale to continue extending the application.
6.
If the applicant fails to submit all the outstanding documents and information on or
before the agreed upon date, the application is deemed to be refused.
7.
Upon request, the Development Authority may issue a notice in writing to the
applicant that the application is complete.
8.
If the Development Authority does not make a determination of completeness
within 20 days, the application is deemed to be complete.
9.
Despite an application being deemed complete, the Development Authority may
request additional information or documentation from the applicant that the
Development Authority considers necessary to review the application.
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SECTION 33 - Decision by the Development Authority
1.
The Development Authority shall circulate a development permit application to
Alberta Transportation if the proposed development is within the Highway 1A right-
of-way or within 300.0 m (984.3 ft) beyond the limit of the Highway 1A right-of-
way.
2.
Pursuant to the Summer Village of Ghost Lake Municipal Development Plan, the
Development Authority will not normally circulate a development permit
application to the Municipal District of Bighorn but may choose to do so if it believes
input from the Municipal District may be warranted.
3.
The Development Authority may refer an application to any other authority,
jurisdiction or party that the Development Authority deems appropriate or
necessary except the Summer Village Council or members of the Municipality's
Subdivision and Development Appeal Board.
4.
The Development Authority may consider any timely responses to such referrals but
any comments received are not binding upon the Development Authority.
5.
The Development Authority shall make a decision on an application for a
development permit within 40 days after the determination of a complete
application.
6.
The Development Authority may extend the 40-day time period to render a decision
by entering into an agreement in writing with the applicant.
7.
When an application for a development permit is approved, the Development
Authority shall issue a development permit with or without conditions.
8. When an application for a development permit is refused, the Development
Authority shall provide reasons for the refusal.
9.
If no decision is made after 40 days and no extension agreed upon, a development
permit application is deemed refused.
10. Where the Development Authority grants approval and issues a development
permit, that permit shall not become valid until the expiry of the appeal period as
discussed below.
SECTION 34 - Conditions Attached to a Notice of Decision
1.
Where a development permit application does not demonstrate that the proposed
development conforms to all the applicable requirements of this Bylaw, the
Development Authority may, as a condition of issuing the development permit,
require that the applicant amend specific elements of the development proposal to
conform with the Bylaw's requirements.
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2.
Subject to the standards of the applicable Land Use District, other regulations in this
Bylaw, the provisions of any statutory plan, and the MGA and its regulations, in an
approval of a development permit for a Permitted or Discretionary Use, the
Development Authority may impose any conditions it deems necessary, including
but not limited to the following:
a) that the developer make satisfactory arrangements for the supply of potable
water, a private sewer system, natural gas, electric power, telephone service,
internet service, vehicular access or any other utility or service or facility,
including payment of installation or construction costs by the developer;
b) the time within which a development or any part of it is to be completed;
c)
time limits respecting the duration that a development permit may continue
to be in effect;
d) the phasing of a development;
e) development and construction practices;
f)
FireSmart construction and landscaping;
g) the size, location and orientation of a building or other structure;
h) lot grading;
i)
the consolidation of parcels;
j)
measures for the mitigation of dust, vibrations, odour and noise;
k) water conservation measures, including the installation of low-flow
plumbing fixtures;
l)
improvements to municipal infrastructure such as roads, including
construction or improvement of vehicle access to the site;
m) that the developer comply with any reports or studies prepared by a qualified
professional, including provision of proof that the developer has met the
recommendations of such reports or studies;
n) that any development approval does not exempt the applicant or developer
from obtaining any necessary permits from other government departments
or agencies; and
o) any other condition to ensure compliance with this Bylaw, any statutory
plans, and the MGA and its regulations affecting the land to be developed.
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3.
To guarantee the conditions of a development approval are met, the Development
Authority may, as a condition of issuing a development permit for a Permitted or
Discretionary Use, require the applicant to enter into an agreement with the
Summer Village to do any of the following:
a) construct or pay for construction of a road, including construction or upgrade
of a vehicle approach, required to give access to the development;
b) install or pay for the installation of electrical power or natural gas systems
that are necessary to serve the development;
c)
pay any off-site levy that has been adopted by the Summer Village in
accordance with the MGA; and
d) provide financial security to the Summer Village to ensure the terms of the
development agreement are carried out, and said security may amount to
125% of the estimated value of performing or completing particular
requirements of the development permit or agreement.
4.
The Summer Village may register a caveat against the Certificate of Title with
respect to a development agreement for a parcel that is the subject of a development
permit. This caveat shall be discharged at the request of the land owner or the land
owners' agent when compliance with the agreement has been completed.
SECTION 35 - Notifications Regarding the Development
Decision
1.
The decision of the Development Authority may take the form of an approval or a
refusal, and the means of notifying the applicant and other affected parties will differ
as result. In both cases the decision may be referred to as the notice of decision, but
in the case of a development approval the notice also takes the form of a
development permit.
2.
A decision of the Development Authority on an application for a development permit
must be in writing, specify the date on which the written decision was given, and
contain any other information required by the MGA's regulations. Further, it must
be provided or sent to the applicant on the same day the written decision is given,
either by postal mail, by email or both.
3.
When an application for a development permit has been approved for a Permitted
Use, the development permit shall state the limitations on the right of appeal of a
Permitted Use as established in the MGA. Additionally, the development permit
shall state the procedure for making an appeal and the date on which the appeal
period expires. This description of the appeal procedure is needed because, despite
the limited ability to appeal a Permitted Use, only the Subdivision and Development
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Appeal Board (not the Development Authority or another administrative body) can
determine whether or not an appeal is valid.
4.
When an application for a development permit has been approved for a
Discretionary Use, or a Permitted Use for which a variance has been granted, the
development permit shall state the procedure for making any appeal and the date on
which the appeal period expires.
5.
When an application for a development permit has been refused, the Development
Authority shall provide the notice of decision to the applicant and said notice shall
provide the reasons for the refusal. The notice shall also state the procedure for any
appeal and the date on which the appeal period expires.
6.
In addition to the notice sent to the applicant as described above, when an
application for a development permit is approved the Development Authority shall
require the applicant to immediately take the necessary steps to ensure that a notice
of the decision is conspicuously posted on the development site and such other
location within the Summer Village that the Development Authority, at its
discretion, deems advisable. The Summer Village will provide a digital copy of this
notice to the applicant for printing and posting. All such notices shall be posted for
at least twenty one (21) days.
7.
Notices of Decision shall also be posted in a prominent location on the
Municipality's website for a minimum of twenty one (21) days after they are issued.
SECTION 36 - Effective Date of a Development Permit
1.
When a development permit has been issued by the Development Authority, it shall
not become valid for a period of twenty one (21) days after the notice of decision has
been issued in accordance with the notification procedure. This is to allow for the
possibility of an appeal.
2.
When an appeal is made within the appeal period, a development permit which has
been approved shall not be valid until and unless the permit is upheld, either in
whole or as varied, by the Subdivision and Development Appeal Board.
3.
Except where a development permit has been approved for a limited period of time,
the permit remains in effect unless the development permit is suspended or
cancelled, or development has not commenced in accordance with Section 37.
SECTION 37 - Commencement and Completion of
Development
1.
Unless otherwise specified in the development permit or in the conditions of
development approval, if the development authorized by a development permit is
not commenced and actively pursued within one (1) year from the effective date of
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the permit, and completed within two (2) years of the date of issue, such
development approval ceases and the development permit itself is deemed void,
expired and without effect unless an extension to this period is granted by the
Development Authority.
2.
The period for the completion of construction may be extended at the discretion of
the Development Authority. The applicant must seek said extension by means of a
written request to the Development Authority, the request to be received not less
than thirty (30) days prior to the aforementioned, two year expiration date.
3.
Once commenced, a development is not to be discontinued or suspended for
period(s) totalling more than six (6) months unless, upon written request by the
applicant, the Development Authority has granted an extension in writing. If a
notification of extension has not been obtained, the development permit shall be
considered to have lapsed.
4.
Once development has begun, the applicant shall not leave the site or the
development in an unsightly or unsafe condition.
5.
For the purposes of this Bylaw, commencement of construction includes excavation
but does not include fencing the site, posting signage, obtaining other permits or
demolition of existing structures.
6.
The approval or issuance of a development permit does not authorize
commencement of construction except in conjunction with all other required
permits and conditions of the development permit.
SECTION 38 - Non-Conforming Buildings and Uses
1.
Except where otherwise specified within this Bylaw, the regulation of non-
conforming uses and non-conforming buildings shall be in accordance with the
MGA.
2.
As authorized by the MGA, a non-conforming building may continue to be used and
the building may be enlarged, added to, rebuilt or structurally altered if, at the
determination of the Development Authority, the alterations do not substantially
increase the extent of non-conformance and meet all other requirements of this
Bylaw.
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PART FIVE - DEVELOPMENT CONTROL
AUTHORITIES
SECTION 39 - Establishment of the Development Authority
1.
The Development Authority of the Summer Village of Ghost Lake is hereby
established.
2. The Development Authority shall comprise the Chief Administrative Officer and may
also comprise another employee, or a contracted agency or person that Council
believes is sufficiently trained and competent to serve as part of the Development
Authority acting under the direction of the Chief Administrative Officer.
3. The Chief Administrative Officer shall be appointed as the Development Authority in
accordance with requirements of the MGA (currently MGA s. 154(3)).
4.
Any contracted agency or person, or any Municipal employee besides the Chief
Administrative Officer, must be appointed to the position of Development Authority
by Council resolution.
5. A person properly authorized to fulfill the duties of the Development Authority as set
out in the MGA and this Bylaw may also be called a development officer.
6. The Summer Village shall post the name, or names if more than one, and contact
information of the Development Authority on its website.
7.
A person functioning as the Development Authority shall not serve in a supporting
position to the Subdivision and Development Appeal Board (such as filling the role
of the Board's secretary).
SECTION 40 - Powers of the Development Authority
1.
The Development Authority:
a) shall receive and process all development permit applications;
b) as necessary, refer all development permit applications for comment from
other jurisdictions and agencies;
c)
consider and decide upon all development permit applications in a manner
consistent with this Bylaw;
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d) issue and sign all decisions regarding development permit applications,
including development permits;
e) provide the necessary notifications to development permit applicants and
other affected parties as required in this Bylaw;
f)
perform such duties as established in this Bylaw or separately by Council to
enforce compliance with this Bylaw and the MGA;
g) collect fees in accordance with this Bylaw and any applicable Summer Village
of Ghost Lake fee bylaw; and
h) ensure that a copy of this Bylaw, and all amendments to this Bylaw, are
available to the public through the Municipal website or, for a fee as may be
established by Council, by mail if requested in writing by an interested party.
2.
The Development Authority shall approve all development permit applications for a
Permitted Use which conform in all respects to the provisions of this Bylaw. The
Development Authority may impose conditions to ensure compliance with this
Bylaw.
3.
In making a decision on an application for a Discretionary Use, or for a Permitted
Use where a variance has been requested, the Development Authority may:
a) approve the application; or
b) approve the application subject to conditions considered appropriate or
necessary; or
c)
refuse the application, stating reasons for the refusal.
4.
When making a decision on a development permit for a Discretionary Use, or for a
Permitted Use where a variance has been requested, the Development Authority
shall consider:
a) any plans or policies affecting the parcel, particularly the Municipal
Development Plan;
b) the location of the development site and the appropriateness of the proposed
development;
c)
the merits of the proposed development and its compatibility with the
purpose statement of the applicable Land Use District;
d) the potential impact of the development with respect to adjacent parcels;
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e) servicing and access requirements; and
f)
general planning principles.
5.
The Development Authority shall not approve a development permit for a use that is
not listed as a Permitted or Discretionary Use in the relevant Land Use District.
6.
The Development Authority may decide on an application for a development permit
even though the proposed development does not comply with Land Use Bylaw or if it
is a non-conforming building if, in the opinion of the Development Authority, the
proposed development:
a) conforms with the uses prescribed for that land or building in the applicable
Land Use District; and
b) would not unduly interfere with amenities of the neighbourhood, or
materially interfere with or negatively affect the use, enjoyment or value of
neighbouring parcels of land.
7.
If the Development Authority becomes aware that a development permit has been
issued in error or contains errors within three (3) months of the permit being issued,
the Development Authority shall consult with the applicant to try to resolve the issue
but may ultimately amend or revoke that development permit. When amending the
development permit, the Development Authority shall issue a revised development
permit. When revoking the development permit, the Development Authority shall
issue a notice of refusal and provide reasons. The applicant shall have the right to
appeal the revised development permit or notice of refusal to the Subdivision and
Development Appeal Board.
SECTION 41 - Variance Powers of the Development
Authority
1.
The Development Authority shall not approve a development permit for a use that is
not listed as a Permitted or Discretionary Use in the Land Use District applicable to
a site.
2.
Notwithstanding the above restriction, the Development Authority may approve a
use that is not listed in a Land Use District if it believes the use is similar to and
compatible with the other uses listed in the Land Use District applicable to the site.
3.
Where the Development Authority deems that a variance, or variances, will provide
a community benefit and that the proposed development would not unduly interfere
with the amenities of the area or materially interfere with or adversely affect the use,
enjoyment, safety, aesthetics, or value of neighbouring properties, the Development
Authority may grant a variance, or variances, of up to ten percent (10%) to the
following regulations:
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a) the maximum building height;
b) the minimum front yard setback;
c)
the minimum rear yard setback;
d) the minimum side yard setback; or
e) maximum site coverage.
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PART SIX - CONTRAVENTIONS, PENALTIES
AND REMEDIES
SECTION 42 - Enforcement
1.
Where a Development Authority finds that a development or use of land or building
is not in accordance with the MGA or the MGA's regulations, or a development
permit or this Land Use Bylaw, the Development Authority may issue an order in
writing to:
b) the registered landowner; or
c)
the person in possession of the land or buildings; or
d) the person responsible for the contravention; or
e) all or any of them to:
i.
stop the development or use of the land or building in whole or in part
as directed by the notice; or
ii. demolish, remove or replace the development; or
iii. take such other measures as are specified in the order so that the
development or use of the land or buildings is in accordance with the
MGA, the MGA's regulations, a development permit or this Land Use
Bylaw, as the case may be, within the time specified by the order.
2.
A person who receives such an order may appeal to the Subdivision and
Development Appeal Board.
3.
Where a person fails or refuses to comply with an order directed to them, the
Municipality may, in accordance with the MGA, enter upon the land or building and
take such action as is necessary to carry out the order.
4.
Where the Municipality carries out an order, the Municipality may cause the costs
and expenses incurred in carrying out the order to be placed on the tax roll and that
amount shall be collected in the same manner as taxes on land.
5.
Where reasonable evidence has been presented to the Development Authority that a
development permit has been obtained through misrepresentation, or the
Development Authority becomes aware of such misrepresentation on its own, the
Development Authority may suspend or cancel the development permit and shall
give written notification of such suspension or cancellation to the applicant.
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SECTION 43 - Right of Entry
1.
Pursuant to the MGA, an authorized person may only enter land or a building for the
purpose of ensuring compliance with the MGA and the regulations thereunder, or
this Bylaw, if:
b) the owner or person in possession of it gives his consent to the entry; or
c)
the entry is authorized by an order of the Court of King's Bench; and
d) only for the purpose of ensuring compliance with the MGA and the
regulations thereunder, or this Bylaw.
2.
The Development Authority, or such other person appointed by resolution of
Council, is hereby designated as an "authorized person" for this purpose.
SECTION 44 - Offences and Penalties
1.
The authority in this Bylaw regarding offences and penalties are governed by the
MGA and the Provincial Offences Procedure Act.
2. A person who:
a) contravenes or fails to comply with any provision of this Bylaw; or
b) contravenes or fails to comply with an order under this Bylaw; or
c)
contravenes or fails to comply with a development permit or a condition
attached thereto; or
d) obstructs or hinders any person in the exercise or performance of his powers
or duties under the MGA, the MGA's regulations or the this Bylaw,
is guilty of an offence and is liable on summary conviction to a fine.
3. A peace officer is hereby authorized and empowered to issue a violation tag to any
person who the peace officer has reasonable and probable grounds to believe has
contravened the provision of this Bylaw, including Subsection 44.2 above, allowing
for payment of a penalty in lieu of prosecution for the offence.
4. A violation tag may be issued to such person personally or by mailing a copy to such
person at their last known address.
5. Where contravention of this Bylaw is of a continuing nature, further violation tags or
a violation ticket may be issued by a Peace Officer provided that no more than one
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violation tag or ticket is issued for each calendar day that the contravention
continues.
6. Where a person is found guilty of an offence under this Bylaw, the Court may, in
addition to any other penalty imposed, order the person to comply with the MGA or
this Bylaw, a development permit, or a condition attached to a development permit.
7.
The penalty that may be imposed by the Court is prescribed in the MGA.
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PART SEVEN - SUBDIVISION OF LAND
Note to reader: It is unlikely there will be a need for this Part of the Land Use Bylaw
because none of the remaining privately owned land in the Summer Village of Ghost
Lake will meet the minimum parcel size established in Subsection 6.4 for future
subdivision. However, landowners have the right to apply for subdivisions and to
appeal if their application is refused, so this Part of the Bylaw is needed to establish a
framework for the subdivision application and decision-making process.
SECTION 45 - Establishment of Subdivision Authority
1.
The Council of the Summer Village of Ghost Lake is hereby established as the
Subdivision Authority for the Summer Village.
2.
The responsibilities of the Subdivision Authority are established in the MGA.
SECTION 46 - Establishment of Subdivision Officer
1.
The position of Subdivision Officer for the Summer Village of Ghost Lake is hereby
established.
2.
The purpose of the Subdivision Officer is to provide administrative support to the
Subdivision Authority.
3. The Summer Village may contract an agency or person, or hire an employee that it
believes is sufficiently trained and competent to serve as the Subdivision Officer.
4.
Any such contracted agency, person or employee shall be appointed to the position
of Subdivision Officer by Council resolution.
5. In the absence of a contracted agency or person, or the hiring of a Municipal
employee to serve as Subdivision Officer, the Chief Administrative Officer shall be
the Subdivision Officer.
SECTION 47 - Role of Subdivision Officer
1.
In undertaking the responsibilities described below, the Subdivision Officer shall
work closely with, and under the direction of, the Subdivision Authority because the
MGA gives the responsibilities described below to the Subdivision Authority. The
Subdivision Officer shall operate as a delegate of the Subdivision Authority in the
performance of these responsibilities and in determining the completeness of the
application (see Section 48).
2.
The Subdivision Officer is responsible for:
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a) informing the Subdivision Authority of the receipt of a subdivision
application;
b) receiving, reviewing, administering and processing any subdivision
applications submitted to the Municipality in accordance with the
requirements of the MGA, the Subdivision and Development Regulations,
and this Bylaw;
c)
assisting the Subdivision Authority in determining the completeness of the
subdivision application in accordance with the MGA, as further addressed in
Section 48 below;
d) issuing all notifications in respect to a subdivision application in accordance
with the MGA;
e) referring the subdivision application to the required parties, and presenting
the responses to the Subdivision Authority; and
f)
making a recommendation to the Subdivision Authority for a decision.
3.
Following the decision by the Subdivision Authority, the Subdivision Officer shall
send out the necessary notifications of the decision in accordance with the MGA.
SECTION 48 - Notice of Complete Application
1.
Upon receipt of a subdivision application, the Subdivision Authority shall determine
if the application is complete within 20 days.
2.
The time period referred to in Subsection 48.1 may be extended by an agreement in
writing between the applicant and the Subdivision Officer.
3.
An application is complete if, in the opinion of the Subdivision Authority, the
application contains the documents and other information necessary to review the
application.
4.
If the Subdivision Authority determines that the application is incomplete, the
Subdivision Officer shall issue to the applicant a written notice that the information
is incomplete and that any outstanding documents and information shall be
submitted by a date set out in the notice, or a later date agreed on between the
applicant and the Subdivision Officer in order for the application to be considered
complete.
5.
If the Subdivision Authority determines that the application is complete, the
Subdivision Officer shall issue a notice in writing to the applicant that their
application is complete.
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6.
If the applicant fails to submit all the outstanding information and documents on or
before the agreed upon date, the application is deemed to be refused and the
Subdivision Officer shall issue a notice in writing to the applicant that their
application is refused.
7.
If the Subdivision Authority does not make a determination of completeness within
20 days, the application is deemed to be complete.
8. Despite an application being deemed complete by the Subdivision Authority, the
Subdivision Authority may request additional information or documentation from
the applicant that the Subdivision Authority considers necessary to review the
application.
SECTION 49 - Subdivision Authority's Responsibilities
1.
The Subdivision Authority is obligated to carry out its duties as described in the
MGA and addressed generally in this Part of the Land Use Bylaw.
2.
In undertaking its obligations, the Subdivision Authority shall work closely with the
appointed Subdivision Officer.
3.
Once it is satisfied that it has received a completed subdivision application and that
the application has been properly circulated and comments received, the
Subdivision Authority shall hold a public meeting to consider the application. This
meeting must be held in a timely fashion so that the Authority has sufficient time to
make a decision within 60 days of receipt of the completed application.
4.
In making its decision, the Subdivision Authority shall consider the information it
receives in writing ahead of the aforementioned public meeting, and in writing or
orally at that meeting.
5.
If the Authority determines that it requires more information before making a
decision, it may request that information. If necessary, the Authority may request a
time extension agreement from the subdivision applicant to extend the 60-day
decision window.
6.
The Authority may make its subdivision decision either at a public meeting or at a
subsequent closed-session (in-camera) meeting.
7.
The subdivision decision shall result in either approval or refusal of the subdivision
decision.
8. In the event of subdivision approval, the Subdivision Authority may attach
conditions in accordance with the MGA.
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9.
In the event of subdivision refusal, the Subdivision Authority shall provide reasons
for the refusal.
SECTION 50 - Subdivision Decision
1.
The Subdivision Authority may approve, approve with conditions, or refuse an
application for subdivision.
2.
The Subdivision Authority shall render a decision on a subdivision application
within sixty (60) days of receiving a completed application, except where the Act and
the Subdivision and Development Regulations stipulate a shorter time period or an
extension to the deadline for the decision has been granted by the applicant in
accordance with the MGA.
3.
When a decision has been made on an application for subdivision, the notice of
decision shall be sent by ordinary mail to the applicant and those persons and
authorities that are required to be circulated a copy of the application under the
Subdivision and Development Regulation. The subdivision decision shall also be
posted by the Summer Village on its website.
4.
When an application for subdivision has been refused, the submission of another
application for a subdivision on the same property for the same or similar
subdivision by the same or any other applicant may not be accepted by the
Subdivision Officer for at least six (6) months after the date of refusal.
5.
A decision on an application for subdivision is not an approval to develop, construct
or build on the land. Site grading, earthwork, or any other construction shall not
commence nor proceed until the conditions of subdivision approval have been met, a
development agreement has been signed, or a development permit has been issued.
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PART EIGHT - DEVELOPMENT AND
SUBDIVISION APPEALS
SECTION 51 - Establishment of Subdivision and
Development Appeal Board
1.
The Subdivision and Development Appeal Board is established by Council through
adoption of a separate bylaw, the Subdivision and Development Appeal Board
Bylaw, not through this Land Use Bylaw.
SECTION 52 - Development Appeal Process
1. Anyone affected by a development permit decision or a stop order issued by the
Development Authority may appeal the decision or order to the Subdivision and
Development Appeal Board by providing written notice to the Secretary of the
Subdivision and Development Appeal Board within the time period prescribed in the
MGA and noted in the decision or order.
2. The procedures for an appeal as prescribed by the MGA are outlined in the
Subdivision and Development Appeal Board By-law, which is available on the
Summer Village's website or can be obtained by contacting the Summer Village's
administrative office.
3.
Only the Subdivision and Development Appeal Board can determine whether or not
an appeal is valid.
SECTION 53 - Subdivision Appeal Process
1. Only the subdivision applicant and those parties specified in the MGA may appeal a
decision of the Subdivision Authority regarding a subdivision application.
2. A subdivision appeal may be heard by either the Summer Village of Ghost Lake
Subdivision and Development Appeal Board or the Alberta Land and Property
Rights Tribunal (formerly the Municipal Government Board). The relevant appeal
body is determined based on direction provided in the MGA.
3. The Subdivision Authority shall state in its subdivision decision the process for
making an appeal, the appeal authority, and the time frame for making the appeal.
4. If the appeal is to the Summer Village's Subdivision and Development Appeal Board,
the procedures for an appeal as prescribed by the MGA are outlined in the
Subdivision and Development Appeal Board Bylaw, which is available on the
Summer Village's website or can be obtained by contacting the Summer Village's
administrative office.
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PART NINE - INTERPRETATION AND
DEFINITIONS
SECTION 54 - INTERPRETATION
1.
Words and terms used in this Bylaw shall have the same meaning as given to them
in the MGA unless otherwise defined in this Bylaw. Where no definition is provided
in the MGA or this Bylaw, the Alberta Interpretation Act shall be used, and if no
definition is provided there the Canadian Oxford Dictionary shall be used.
2.
Headings are for ease of reference only and do not affect the meaning of the
provisions to which they relate.
3.
All required Bylaw measurements - setbacks, standards, dimensions, etc. - are in
metric. Imperial measurements, where provided in brackets after the metric value,
are provided for reference only. If there is a dispute between a number or value in
metric or imperial measurement, the metric measurement or value shall be used.
4.
For the purpose of confirming compliance with this Bylaw, measurements shall be in
metric and rounded off to one decimal point. Metric measurements take precedence
over imperial measurements.
5.
Where in conflict, numerical metrics and text shall take precedence over graphic
metrics and images. Graphics and images are used to help illustrate the standards
and requirements of the Bylaw.
6.
In general, the following rules apply:
a) words in singular include the plural and words in the plural include the
singular, as the context requires;
b) words used in the present tense include other tenses and derivative forms;
c)
words used in the masculine gender shall include the feminine gender and
neutral/non-binary gender, and vice versa;
d) words in either gender include corporations;
e) "shall", "must", and "required" are to be construed as a compulsory
obligation;
f)
"may" is to be interpreted as meaning that a choice is available, with no
particular direction or guidance intended;
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g) "should" is an operative word which means that, in order to achieve
municipal goals and objectives, it is strongly advised that the action be
taken;
h) a "person" includes an individual, partnership, association, corporation,
firm, trustee, executor, administrator and legal representative of a person.
SECTION 55 - INTERPRETING THE LAND USE DISTRICT
MAP
1.
In the event of uncertainty or dispute with respect to the location of the boundary of
a Land Use District, the location will be determined by application of the following
rules:
a) where the boundary of a Land Use District is shown as approximately
following the boundary of a site, a roadway, a utility right-of-way, an
easement or the Municipality, the District boundary is deemed to follow the
surveyed boundary of the site, the roadway, the utility right-of-way, the
easement or the Municipality;
b) where the boundary of a District is shown as being parallel to or an
extension of any of the features described in subsection a) above, the
boundary is deemed to be where a plan of survey shows, or would show,
such parallel or extended line to be; and
c)
if the exact location of a Land Use District boundary cannot be determined
by the application of subsections a) or b) of this section, the Development
Authority shall determine the location of the boundary on the basis of
measurements scaled from the Land Use District map.
2.
Despite the Land Use Districts shown on the Schedule A - Land Use Districts map,
for the purpose of this Bylaw public roadways must only be used for developments
and activities associated with:
a) the passage of motorized and non-motorized vehicles;
b) the passage of pedestrians;
c)
the placement of public and private utilities and the provision of community
services, including signs, authorized by the Summer Village; and
d) landscaping, including storm water runoff and vegetation management.
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SECTION 56 - DEFINITIONS
Accessory Building means a building separate and subordinate to the principal
building, the use of which is incidental to the principal building and which is located on
the same parcel of land. There can be no accessory building without a principal building.
Accessory Use means a use that is subordinate, incidental and directly related to the
principal use on the site or its principal building, and that does not substantially add to
the patronage, volume of traffic, or intensity of use of the site or principal building. An
accessory use must be located on the same site as the principal use and it may not
precede the development of the principal use.
Balcony means a platform greater than 0.6 m (2.0 ft) above grade, attached to and
projecting from a building, and which may or may not have a supporting structure at
grade. A balcony is only accessible from within the building and is enclosed by a railing.
The balcony may be covered by a roof or cantilever when all are compliant with the
minimum yard setback regulations of the Bylaw.
Building means any structure constructed or placed on, in, over or under land for the
purpose or intended purpose of sheltering persons, animals or property, including fabric
garages, carports and similar covered storage areas. It does not include a public
roadway, or a bridge or similar structure forming part of a public roadway, nor a
telecommunications tower.
Building Height - see Height, Building definition
Building Permit means a permit or document issued in writing in accordance with the
Safety Codes Act by a designated Safety Codes Officer within the building discipline,
authorizing the commencement of a use, occupancy, relocation, construction or
demolition of any building.
Building Setback means the distance from a property line to the point on a lot where
a building is located, measured at a right angle from the property line to which relates.
Council means the elected Council of the Summer Village of Ghost Lake.
Deck means a constructed and elevated platform, the height of which exceeds 0.6 m
(2.0 ft) above grade and is accessible from an entryway of a building as well as being
accessible by exterior stairs. A deck may be covered by a roof, cantilever or canopy
provided all are compliant with the minimum setback regulations of this Bylaw.
Derelict means run-down, dilapidated or unsightly, such that the derelict thing
becomes a visual nuisance to neighbours or other community members and reduces the
amenities of the area or the community as a whole.
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Development means (s. 616 (b) of the current MGA is cited below, and this definition
shall be superseded by any update of the definition contained in the MGA):
(i) an excavation or stockpile and the creation of either of them,
(ii) a building or an addition to or replacement or repair of a building and the
construction or placing of any of them on, in, over or under land,
(iii) 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
(iv) a change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of use
of the land or building.
Development Authority means the body or person appointed pursuant to Part 5 of
this Bylaw.
Development Permit means a document or permit, which may include attachments,
issued pursuant to this Bylaw or any previous Land Use Bylaw and authorizing a
development.
Dog Kennel means the harbouring and caring of more than three dogs on a parcel for a
period in excess of five days in duration. This definition does not include puppies under
the age of nine weeks that are the offspring of a bitch that normally resides on the parcel
and is owned by the landowner or occupant of the parcel.
Dwelling Unit means a self-contained room or suite of rooms within a building, not
available for public use, which normally provides sleeping, washing, sanitary and
kitchen facilities, and which is intended for residential use. A dwelling unit is
characterized as a place in which a person or persons may reside as their primary or
secondary residence, with the intent and ability to arrive and leave at their discretion,
and with the ability to remain for undetermined or indefinite periods. A dwelling unit
shall not include, mean or be used for short term rental accommodation, and there shall
be only one dwelling unit in a building and only one dwelling unit per lot.
Election Period means for federal and provincial elections, the period starting from
the issuance of the writ and ending after the close of polls; and for municipal and school
board elections, means the period starting from the close of nominations and ending
after the close of polls.
Grade, Finished means the elevation of the ground at the base of a building, and is
used for determining building height. Finished grade may vary along the length of a
building wall.
Grade Slip means a document issued by a professional surveyor registered in the
Province of Alberta that provides existing surface grade and elevation data for a parcel.
Grade slips are used to show the existing grade at the base of a proposed building and
determine proposed building height.
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Green Energy Infrastructure means the systems required on a property to generate
energy from natural resources such as sunlight, wind, water or air, including the earth's
temperature gradient. For clarity, this definition does not include infrastructure
associated with the use of renewable fuels, such as the burning of wood or wood
products, agricultural products or waste.
Height, Building means the vertical distance between the highest point of a building
and the finished grade at the perimeter of the building. On sloped lots, the building
height shall be determined by taking the average of the two heights measured where the
building meets the finish grade at its highest and its lowest points on the slope. The
calculation of building height shall exclude: an elevator housing; heating or ventilation
equipment; flush-mounted solar panels; a skylight; a chimney; a firewall or parapet
wall; a steeple that is less than 5.0 m (16.4 ft) above the building roof; or a guardrail or
similar feature or device not structurally essential to the building that is less than 1.0 m
(3.3 ft) above the building roof.
Home Occupations - Type 1 means use of a portion of a single detached dwelling by
a resident(s) of that dwelling for a small-scale business (or businesses) that is incidental
to the primary residential use, is undetectable from outside the dwelling, and does not
generate any notable vehicle traffic.
Home Occupations - Type 2 means use of a portion of a single detached dwelling by
a resident(s) of that dwelling for a small-scale business that is incidental to the primary
residential use. The business activities and storage may extend beyond the dwelling into
one accessory building but there shall be no outdoor storage. Some increased traffic may
be typical, along with a small amount of daytime noise, but the home occupation shall
not interfere with the rights of the other Summer Village residents to quiet enjoyment of
the residential neighbourhood.
Informal Recreational Areas means activities involving minimal facilities or
permanent development, low levels of use, and very minor disturbance of the natural
vegetation, especially the native fescue grasses. Examples are disc golf, or casually
throwing around a softball or football.
Lot means a single area of land described on a certificate of title issued by the Alberta
Land Titles Office that has been subdivided so that it has a lot, block and plan number.
For clarity, a lot does not include an area of land comprised of several subdivided lots
that have been combined on one property title for convenience purposes.
Manufactured Dwelling means a dwelling unit built in an enclosed off-site factory
environment in one or more sections or modules that is intended to be delivered and
assembled at a residential site on a permanent foundation, but excludes mobile homes.
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MGA means the Alberta Municipal Government Act and amendments thereto, and
includes any applicable regulations passed in accordance with the Municipal
Government Act.
Mobile Home means a dwelling unit that is transportable in one or more sections that
is built on a permanent chassis and designed for use with or without a permanent
foundation when attached to the required utilities. A mobile home is typically long and
narrow, with a single-wide mobile home dimension usually being 12.0 to 24.0 m (about
40 to 80 ft) long and 3.5 to 5.5 m wide (about 12 to 18 ft) wide. Mobile homes are not
allowed within the Summer Village.
Municipality (or the Municipality) means the Summer Village of Ghost Lake and
the land within it as incorporated by and under the authority of the Government of
Alberta, or means its elected Council, administration and appointees as applicable.
Parcel means a Lot or any other single area of land described on a certificate of title
issued by the Alberta Land Titles Office.
Patio means an uncovered horizontal structure with a surface height, at any place, no
greater than 0.6 m (1.97 ft) above grade, intended for use as an outdoor amenity space.
A patio may or may not be attached to a building.
Principal Building or Use means a building or use which, in the opinion of the
Development Officer, occupies the major or central portion of the site, or is the chief or
main building or use among the buildings or uses on the site, or constitutes by reason of
its use the primary purpose for which the site is used.
Public Roadway means a road right-of-way identified in a subdivision plan or a road
plan, or a Municipally named road or lane located on public land, and includes any
bridge or similar structure.
Public Utility means those utilities listed as public utilities in the Interpretation
section of the MGA.
Recreational Camper means a motorized recreational vehicle (RV), or a recreational
camper or trailer designed to be pulled behind or placed on a motorized vehicle, that is
intended primarily for use as a temporary living quarters, and includes tent trailers and
vehicle tents.
Retaining Wall means a structure constructed to withstand lateral pressure in order
to hold back earth, loose rock or similar materials.
Satellite Dish Antennas means a dish-shaped parabolic antenna designed to receive
or transmit information by radio waves to or from a telecommunications satellite, and
for this definition shall have a maximum diameter, if circular, of approximately 1.0 m
(approximately 3.2 ft). Other shapes (e.g., square or rectangular) are acceptable
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provided they are of similar size. Satellite dish antennas of significantly greater diameter
or size are prohibited.
Setback means the distance that a development must be set back from a lot line or any
physical feature of a site as specified in this Bylaw. A setback is not a yard. (See Section
6.16 for interpretive illustration and other information.)
Short Term Rental means a dwelling unit operated as a temporary place to stay, the
characteristics of which may include any of the following:
- the intent of the occupant to stay for short-term (less than 30 days) purposes rather
than use the property as a residence;
- the commercial nature of the short term rental;
- the management or advertising of the dwelling unit as a vacation rental property in
any media, and particularly on internet sites such as Airbnb or VRBO; or
- the use of a system of reservations, deposits, confirmations, credit cards or other
forms of electronic payment.
Sign means a visual medium placed on a parcel used to convey information to the
public or others by way of words, pictures, images, graphics, emblems or symbols, or
used for the purpose of providing direction, identification, advertisement, business
promotion, or the promotion of a person, product, activity, service, event or idea.
Sign, Other means a sign not exempted in Section 28 of this Land Use Bylaw from the
need for a development permit.
Single Detached Dwelling means a detached building containing one dwelling unit.
It includes manufactured dwellings but excludes mobile homes or other portable
dwellings and living quarters, such as recreational campers.
Site means the same thing as a lot but is more typically used in the context of a
development or building proposal (that is, referring to the development site or the
building site).
Site Depth means the distance between the front and rear lot lines measured along the
line perpendicular to a line connecting the mid-points of the front and rear lot lines. See
illustration below.
Site Width means the distance between the side lot lines, calculated at the front yard
setback distance and measured along the line perpendicular to a line connecting the
mid-points of the front and rear lot lines. See illustration below.
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Slope means the relationship of the vertical distance of a line drawn between two
points on an escarpment to the line's horizontal distance, calculated mathematically as
rise (vertical distance) over run (horizontal distance). See illustration below.
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Solar Panels means panels design to absorb the sun's rays as a source of energy for
generating electricity (solar voltaic) or heating (solar thermal).
Sports Courts and Associated Structures means a small, hard surface area (e.g.,
asphalt or concrete) used for organized sports and recreation, such as tennis, basketball
or handball. Associated structures are typically elements that are directly related to the
sporting activity, such as fencing, posts or poles used to support nets, seating and
portable toilets.
Sports Fields and Associated Structures means open areas, usually of grass or
packed sand-like material, used for sports and recreation. The dimensions of the fields
are typically specific to the sport or recreational activity, and are usually established by a
regulatory body for the sport. Examples are soccer or baseball fields. Associated
structures are typically elements that are directly related to the sporting activity, such as
fencing, posts or poles used to support nets, seating and portable toilets.
Statutory Plan means an intermunicipal development plan, a municipal development
plan, an area structure plan or an area redevelopment plan, all as described in the MGA.
Steep Slope means a slope greater than 15% (15:100) that extends for a distance of at
least 5 m (16.4 ft) as measured from the top or toe of an escarpment as defined in this
Bylaw.
Subdivision Authority means a person or body appointed as a Subdivision Authority
in accordance with the Municipal Government Act.
Subdivision and Development Appeal Board means a body pointed as an appeal
authority for matters involving subdivision or development application or decisions in
accordance with the Municipal Government Act.
Summer Village of Ghost Lake (0r the Summer Village) means the Summer
Village of Ghost Lake and the land within it as incorporated by and under the authority
of the Government of Alberta, or means its elected Council, administration and
appointees as applicable.
SVGL means the Summer Village of Ghost Lake.
Telecommunications Towers, Antennas and Facilities means any structure,
building, antenna, supporting structure, or other thing that is used or is capable of being
used for transmission and reception of information by radio waves or microwaves. They
are typically installed as part of the cellular communication and broadcasting industries.
For the purposes of this definition, private and amateur satellite dishes and antennas,
including television or radio reception equipment for residential or small commercial
uses are excluded.
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Telecommunication Towers for Amateur/Hobby Use means towers and
associated antennas erected on a parcel for use by the property owner or occupant for
amateur or hobby purposes, such a ham radio.
Tent means a portable shelter made of fabric or other material stretched over a
supporting framework of poles that is usually stabilized or secured to the ground with
cords and stakes, and for clarity includes teepees and yurts.
Toe of an Escarpment means the natural transition line or lower natural topographic
break between:
a) the bottom an area of land having a slope greater than 15% for a distance of at least
5.0 m (16.4 ft); and
b) a relatively level area below it that has a slope of less than 15% for a distance of 10.0
m (32.8 ft) or greater.
Top of an Escarpment means the natural transition line or upper natural
topographic break between:
a) the top of an area of land having a slope greater than 15% for a distance of at least
5.0 m (16.4 ft); and
b) a relatively level area above it that has a slope of less than 15% for a distance of 10.0
m (32.8 ft) or greater.
Violation Tag means the notice that may be issued by the Municipality pursuant to the
MGA and the Provincial Offences and Procedure Act that allows a party to plead guilty
to an offence and make a voluntary payment (typically in a reduced amount) before
receiving a violation ticket. A violation tag is sometimes referred to as a violation ticket
offence notice.
Violation Ticket means a ticket issued under the Provincial Offences and Procedure
Act and amendments thereto, including any applicable regulations passed in accordance
with said Act. A violation ticket is sometimes referred to as a summons.
Yard means an unobstructed open space where there are no buildings on a parcel. A
yard is not a setback. (See Section 6.16 for interpretive illustration and other
information.)
Yard, Front means a yard extending across the full width of a parcel, measured
perpendicularly from the front lot line of the parcel to the front exterior wall(s) of the
nearest building situated on the parcel.
Yard, Rear means a yard extending across the full width of a parcel, measured
perpendicularly from the rear property line to the rear exterior wall(s) of the nearest
building situated on the parcel.
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Yard, Side means a yard extending between the front yard and rear yard of a parcel,
measured perpendicularly from a side property line to the side exterior wall(s) of the
nearest building situated on the parcel.
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APPENDIX 1
ARCHITECTURAL AND LANDSCAPING
RECOMMENDATIONS FOR WILDFIRE HAZARD
REDUCTION (FireSmart)
1.
Studies have shown that more complex roof designs with dormers and other height
variations create quiet air spaces which tend to 'attract' blowing embers in the event
of wildfires, and so simple roof designs are encouraged in the Summer Village.
2.
All roofs should have soffits or be otherwise screened with FireSmart compliant
material to reduce the opportunities for embers from wildfires to lodge in the roof
overhang area.
3.
All siding and fascia materials on new or retrofitted buildings requiring a
development permit should be made of fire-resistant materials as per the most
recent versions of "FireSmart - Protecting Your Community from Wildfire" (Partners
in Protection, 2003) or the "Wildland Urban Interface (WUI) Products" listing (CAL
FIRE Fire Engineering Division, 2011), and that fire-resistant material should
extend from the ground to the building's roofline.
4.
The use of wood siding on building exteriors is strongly discouraged. Where it is
used, it should be treated with noncandescent paint or stain on a regular basis and
repainted as recommended by the manufacturer.
5.
All patios that are raised above ground level should have sheathing made of fire
resistant materials extending from the ground to the patio's floor in order to prohibit
the entry of sparks and embers under the structure.
6.
All balconies and decks on new or retrofitted buildings should be constructed of fire-
resistant materials as per the most recent versions of "FireSmart - Protecting Your
Community from Wildfire" (Partners in Protection, 2003) or the "Wildland Urban
Interface (WUI) Products" listing (CAL FIRE Fire Engineering Division, 2011).
7.
All new buildings with exposed undersides less than 2.0 m (6.6 ft) above the ground
should have sheathing made of fire resistant materials extending from the ground to
the floor of the building to prohibit the entry of sparks and embers under the
structure.
8. All buildings, including their balconies and decks, with exposed undersides 2.0 m
(6.6 ft) or higher above the ground should have a non-combustible ground surface
cover underneath them, such as rock, gravel, asphalt, brick or concrete, that extends
for a minimum of 1.5 m (4.9 ft) into the surrounding area.
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9.
All buildings should have a minimum 1.5 m (4.9 ft) area of non-combustible
landscaping materials, such as rock, gravel, asphalt, brick or concrete, adjacent to
the building perimeter. Grass is acceptable in this area but only if it is frequently cut
so as to maintain a maximum height of approximately 8.0 cm (3.2 in).
10. Any fence that joins or is immediately proximate to a building should have the end
that joins or is proximate to the building constructed of non-combustible material
for a distance of at least 1.5 m (4.9 ft) from the building to reduce the potential for
fire spread from the fence to the building.
11. For all new development, no woody shrubs, trees or other similar plant materials
should be located within the 1.5 m (4.9 ft) distance around buildings established
above (Section 9).
12. Within 10.0 m (32.8 ft) of a principal building, it is strongly encouraged that all trees
and shrubs be fire-resistant species. These tend to be deciduous species. Trees and
shrubs that are highly flammable, including spruce, pine, cedar and juniper, should
be avoided in this area to reduce fire hazard and fire spread potential.
13. Within 10.0 m (32.8 ft) of a principal building, any grass should be regularly cut so
that it is no higher than approximately 8.0 cm (3.2 in).
14. Property owners are encouraged to keep firewood storage at least 10.0 m (32.8 ft)
away from buildings where possible to reduce the potential for wildfire to ignite the
storage piles and spread to the buildings.
For additional information, visit the Alberta FireSmart or FireSmart Canada websites.
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COCHRANE/ARKAYLA SPRINGS
AIRPORT
HIGHWAY 1A
(Bow Valley Trail)
GHOST RESERVOIR
STONEY RESERVE
142, 143, 144
STONEY RESERVE
142, 143, 144
SUMMER VILLAGE OF GHOST LAKE
SCHEDULE A
LAND USE DISTRICTS
DATE: OCT.30/24
DRAWN: RICK R.
1:7,500
0
100
200
300
50
m
LEGEND
GHOST LAKE MUNICIPAL BOUNDARY
EXISTING AIRSTRIP
FIRST NATIONS
I
BIRCH
CONSULTING
Aerial photography acquired March 2024.
GhostLake_ScheduleA_2024_10_30
CP
CC
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
CA
CC
CC
CC
CA
CC
CC
R1
R1 - RESIDENTIAL SINGLE DETACHED DISTRICT
CA - COMMUNITY ACTIVITY DISTRICT
CC - COMMUNITY CONSERVATION DISTRICT
CP - COMMUNITY PRESERVATION DISTRICT
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COCHRANE/ARKAYLA SPRINGS
AIRPORT
HIGHWAY 1A
(Bow Valley Trail)
GHOST RESERVOIR
WETLAND
STONEY RESERVE
142, 143, 144
STONEY RESERVE
142, 143, 144
SUMMER VILLAGE OF GHOST LAKE
SCHEDULE B
DEVELOPMENT CONSTRAINTS
DATE: APR.25/24
DRAWN: RICK R.
1:7,500
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LEGEND
GHOST LAKE MUNICIPAL BOUNDARY
EXISTING AIRSTRIP
FIRST NATIONS
HIGHWAY 1A - EXISTING ALIGNMENT
HIGHWAY 1A - FUTURE ALIGNMENT
SLOPES GREATER THAN 15%
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CONSULTING
Aerial photography acquired March 2024.
GhostLake_ScheduleB_2024_04_25