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Summer Village of Gull Lake
LAND USE BYLAW NO. 346/12
Office Consolidation
July 2012
Prepared by:
The Summer Village of Gull Lake
And
Parkland Community Planning Services
Important Notice:
This document is a consolidation of the original Land Use Bylaw and amending bylaws
into a single publication for the convenience of users. The official Bylaw and all
amendments are available at the Summer Village of Gull Lake Municipal Office.
Office Consolidated Version Date: October 30, 2018
Bylaw Number
Purpose
Effective Date
346.1 - 12
Amend variances, derelict vehicles, parking RV's
Jun. 30, 2017
346.2 - 18
Incomplete Application Related Changes, Cannabis,
R-1 District & Related Changes, RV Changes
Oct. 26, 2018
TABLE OF CONTENTS
PART I ............................................................................................................. - 1 -
GENERAL ....................................................................................................... - 1 -
1.
Purpose ............................................................................................................................. - 1 -
2.
Definitions ......................................................................................................................... - 1 -
PART II .......................................................................................................... - 11 -
ADMINISTRATION ........................................................................................ - 11 -
3.
Establishment of Development Officer ........................................................................... - 11 -
4.
Establishment of Forms .................................................................................................. - 11 -
5.
Establishment of Fees .................................................................................................... - 11 -
6.
Establishment of Subdivision and Development Appeal Board ..................................... - 11 -
8.
Amendment of the Land Use Bylaw ............................................................................... - 12 -
9.
Sections Found Invalid ................................................................................................... - 14 -
10. Measurements ................................................................................................................ - 15 -
PART III ......................................................................................................... - 16 -
DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL ................. - 16 -
11. Purpose of Development Permits ................................................................................... - 16 -
12. Development Not Requiring a Development Permit ....................................................... - 16 -
13. Permission for Development........................................................................................... - 17 -
14. Variance Provisions ........................................................................................................ - 23 -
15. Development Permits and Notices ................................................................................. - 25 -
17. Contravention ................................................................................................................. - 27 -
18. Appeal Procedure ........................................................................................................... - 28 -
19. Offences and Penalties ................................................................................................... - 28 -
20. Compliance with Other Legislation ................................................................................. - 28 -
20. Deleted (346.2/18) ......................................................................................................... - 29 -
PART IV .............................................................................................................. 30
LAND USE DISTRICTS ...................................................................................... 30
21. Establishment of Districts ................................................................................................... 30
22. "R1" - Low Density Residential District ............................................................................... 31
23. "C" - Commercial District ................................................................................................... 36
24. "EOS" - Environmental Open Space District ...................................................................... 38
25. "UR" - Urban Reserve District ............................................................................................. 39
PART V ............................................................................................................... 40
GENERAL LAND USE REGULATIONS ............................................................ 40
26. Subdivision of Land ............................................................................................................ 40
27. Fencing ............................................................................................................................... 40
28. Accessory Buildings and Uses ........................................................................................... 40
29. Building Orientation and Design ......................................................................................... 41
30. Number of Buildings on a Parcel ........................................................................................ 42
31. Relocation of Buildings ....................................................................................................... 42
32. Soft Sided Buildings ........................................................................................................... 43
33. Building Demolition ............................................................................................................. 43
34. Yards ................................................................................................................................... 43
35. Projections Over Yards ....................................................................................................... 44
36. Objects Prohibited or Restricted in Yards ........................................................................... 45
37. Parking ................................................................................................................................ 45
38. Vehicle Access to Buildings ................................................................................................ 46
39. Access into Commercial District ......................................................................................... 46
40. Sight Lines at Intersections of Lanes and Roads ............................................................... 46
41. Home Occupations ............................................................................................................. 47
42. Mechanized Excavation, Stripping and Grading................................................................. 47
43. Vegetation Removal ........................................................................................................... 47
44. Landscaping, Environmental Conservation and Development ........................................... 48
45. Refuse Storage ................................................................................................................... 49
46. Municipally-Owned Lands ................................................................................................... 49
47. Development in Proximity to Oil and Gas Wells ................................................................. 49
48. Development Setbacks from Landfills and Waste Sites ..................................................... 49
49. Land Use Policies ............................................................................................................... 50
50. Guidelines for Other Land Uses ......................................................................................... 50
51. Site Development ............................................................................................................... 50
52. Cannabis Retail Sales (346.2/18) ...................................................................................... 50
1
PART I
GENERAL
1.
Purpose
(1)
The purpose of this Land Use Bylaw is to, amongst other things,
(a)
divide the Municipality into Districts;
(b)
prescribe and regulate the Use for each District;
(c)
establish the office of the Development Officer;
(d)
establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits; and
(e)
provide the manner in which notice of the issuance of a Development
Permit is to be given.
2.
Definitions
In this Land Use Bylaw:
"Accessory Building" means a Building separate and subordinate to the Main Building,
the Use of which is incidental to that Main Building and is located upon the same Parcel of
Land and includes, but is not limited to, detached garages and sheds; (346.2/18)
"Accessory Dwelling Unit for the Occupancy of the Owner, Operator, or Caretaker"
means a secondary Building or portion of a Building the Use of which is to provide on-site
accommodation for the Owner, operator or caretaker of a commercial establishment, or
for the on-duty security personnel at a commercial establishment. No more than one
Accessory Dwelling Unit for the Occupancy of the Owner, operator or caretaker is
permitted on a Site;
"Accessory Use" means a Use customarily incidental and subordinate to the Main Use
and occurring on the same Parcel of Land as such Main Use;
"Accreted Land" means the area of land formed gradually and imperceptibly by the
movement of Gull Lake up to the boundary of the high water mark of Gull Lake, the
approximate location of which is shown on Schedule A;
"Adjacent Land" means land that is contiguous to the Parcel of Land that is the subject of
an application and includes land that would be contiguous if not for a highway, Road, river
or stream, and any other land that, in the opinion of the Development Authority, shall be
deemed to be Adjacent Land;
"Advanced Wastewater Treatment System" means a treatment system that complies
with the National Sanitation Foundation International Standard for Wastewater Technology,
NSF-40 Standard for Wastewater Treatment Systems or the CAN/BNQ 3680-910 Standard
for (Stand Alone) Wastewater Treatment Systems, or such other standard that shall be
determined by the Development Authority to be applicable;
2
"Automotive Service Station" means an establishment for the storage and sale of fuel,
servicing and repair of motor vehicles, excluding an auto body and paint shop;
"Basement" means a habitable portion of a Building which is partly underground, but
which has more than fifty percent of the distance, between the floor level and the underside
of the ceiling joists, above adjacent ground elevation;
"Basement Suite" means a Basement developed as a Dwelling Unit or as a premises in
which boarders may reside;
"Building" means anything constructed or placed upon, in, over or under land, but does
not include a highway or public Road or a bridge forming part of a highway or public Road;
"Building Demolition" means the dismantling of a Building, and/or the intentional
destruction of a Building, and/or followed by the removal of debris of a Building;
"Building Height" means the vertical distance of a Building measured from the average
Grade to the highest point of the Building. The highest point of a Building shall be
determined without considering an elevator housing, roof, stairway entrance, a ventilating
fan, a skylight, a steeple, a chimney, a smoke stack, a firewall, a parapet wall, a flagpole
or similar device or feature not structurally essential to the Building;
"Campground" means a recreational Development for the purpose of providing temporary
accommodation for Recreational Vehicles or tents. A Campground is not construed to
mean a Development for the purpose of accommodating long-term or permanent
occupancy by Recreational Vehicles, Manufactured Homes, or Park Model Homes;
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time, and includes edible products
that contain cannabis; (346.2/18)
"Cannabis Accessory" means a thing, including but not limited to, rolling paper or
wraps, holders, pipes, water pipes, bongs and vaporizers, or any other thing described in
the Cannabis Act (Canada) that is used in the consumption or production of cannabis;
(346.2/18)
"Cannabis Production and Distribution" means an establishment used principally for
one or more of the following activities as it relates to Cannabis:
(a)
The production, cultivation, and growth of Cannabis;
(b)
The processing of raw materials;
(c)
The making, testing, manufacturing, assembling or in any way altering the
chemical or physical properties of semi-finished or finished goods and products;
(d)
The storage or transshipping of materials, goods and products; or
(e)
The distribution and sale of materials, goods and products to Cannabis Retail
Sales stores or to individual customers; (346.2/18)
"Cannabis Lounges" means an establishment where the primary purpose of the facility
is the sale of cannabis and cannabis accessories to the public, for consumption of
cannabis within the premises that is authorized by provincial or federal legislation. This
use does not include Cannabis Production and Distribution; (346.2/18)
3
"Cannabis Retail Sales" means an establishment used for the retail sale of cannabis
and cannabis accessories that is authorized by provincial or federal legislation. This use
does not include Cannabis Production and Distribution; (346.2/18)
"Cellar" means a portion of a Structure which is mainly underground, and which has less
than fifty percent of the distance, between the floor level and the underside of the ceiling
joists, above adjacent ground elevation;
"Church" means an architecturally-defined Building primarily devoted to religious worship;
"Commercial Recreation and Entertainment Facility" means a facility or establishment
which provides for recreation or entertainment for the intent of financial gain or profit;
"Corner Parcel" means a Parcel at the intersection of two abutting Streets or abutting a
Street and a Lane;
"Council" means the Council of the Summer Village of Gull Lake;
"Detached Dwelling" means a residential Building containing one (1) Dwelling Unit, not
including a Basement Suite, which is physically separate from any other residential
Building, and does not include a Manufactured Home or a Park Model Home;
"Derelict Vehicle" means the storage, collection or accumulation of all or part of any
wrecked vehicle or all or part of any motor vehicle which is not validly registered in
accordance with the Traffic Safety Act and which is not housed in an enclosed Building or
Structure;
"Development" means
(a)
an excavation or stockpile and the creation of either of them; or
(b)
a Building or an addition to, or replacement or repair of a Building and the
construction or placing in, on, over or under land of any of them; or
(c)
a change of Use of land or a Building or an act done in relation to land or a Building
that results in or is likely to result in a change in the Use of the land or Building; or
(d)
a change in the intensity of Use of land or a Building or an act done in relation to
land or a Building that results in or is likely to result in a change in the intensity of
Use of the land or Building;
"Development Authority" means the person or persons appointed pursuant to
Development Authority Bylaw No. 293;
"Development Line" means a line drawn parallel to the rear parcel boundary of any
parcel abutting Gull Lake or Accreted Land and measured a distance of 60 m from the
rear parcel boundary and which establishes the limits of the developable area of the
parcel for building construction, site improvements, fencing, formal landscaping, vehicle
parking and storage, and outdoor storage of any item; (346.2/18)
"Development Officer" means a person appointed as a Development Officer pursuant to
this Land Use Bylaw;
"Development Permit" means a document authorizing a Development issued pursuant to
this Land Use Bylaw;
4
"Discretionary Use" means a Use which may be compatible with other Uses in the
District, for which a Development Permit may be issued upon an application having been
made;
"District" means Land Use District within this bylaw;
"Drive-in Business" means an establishment with facilities for on Site service to
customers who remain in their motor vehicles, but not including a drive-in theatre;
"Driveway" means a vehicle access route between the carriageway of a Road and a Use
on a Parcel;
"Duplex" means a separate residential Building consisting of two (2) separate Dwelling
Units only, each above Grade and providing separate exterior entrances;
"Dwelling Unit" means a complete Building or self-contained portion of a Building for the
Use of one or more individuals living as a single housekeeping unit, containing sleeping,
cooking, and sanitary facilities intended as a permanent residence not separated from
direct access to the exterior by another separate or self-contained set of suites or rooms,
but does not include a Manufactured Home or a Park Model Home;
"Eaveline" means the horizontal line that marks the intersection of the roof and the wall of
a Building;
"Existing Residence and other Related Improvements" means a Detached Dwelling,
Duplex, or Manufactured Home and Buildings accessory to the Use of the Dwelling Unit
and the Parcel upon which it is located, serviced by utilities and access to the satisfaction of
the Development Authority;
"Fence" means a physical barrier constructed from typical Building material for the
purpose of providing privacy and/or preventing unauthorized access;
"Finished Grade" means the average of the levels of landscaped ground elevation
adjoining a Building at the exterior walls;
"Flood Plain" means the land adjacent to a lake, river or stream inundated by a 1:100 year
return flood as determined by Alberta Environment and Sustainable Resource
Development;
"Floor Area" means:
(a)
for residential Buildings, the total area of all floors in a Building measured from the
exterior side of exterior walls including a Basement, but excluding Floor Areas of
Cellars, attached garages, sheds, carports, or open porches in all residential
Buildings, or
(b)
for commercial Buildings, the total Floor Area of all floors in a Building measured
from the exterior side of exterior walls including Basements and Cellars but
excluding mall areas;
"Front Parcel Boundary" means, in the case of an Interior Parcel, the boundary which
abuts a Street and in the case of a Corner Parcel, means the shorter of the two boundaries
which abut a Street except for Parcels abutting Gull Lake or Accreted Land (see section
34);
"Front Yard" means
5
(a)
in the case of Parcels abutting Gull Lake or Accreted Land, a Yard extending
across the full width of a Parcel from the boundary of the Parcel abutting the lake to
the front wall of the Main Building, situated on the Parcel, or
(b)
in the case of Parcels not abutting Gull Lake or Accreted Land, a Yard extending
across the full width of a Parcel from the boundary of the Parcel abutting the Street,
or in the case of Corner Parcels, abutting the shortest length of Street, to the front
wall of the Main Building situated on the Parcel (see section 34);
"Grade" means the ground elevation established for the purpose of regulating the
number of storeys and the Height of a Building. The Building Grade shall be the finished
ground elevation adjacent to the walls of the Building if the Finished Grade is level. If the
ground is not entirely level, the Grade shall be determined by averaging the elevation of
the ground for each face of the Building;
"Greenhouse" means a Building designed and used for the growing of vegetables, flowers
and other plants for transplanting or for sale;
"Guest House" means a permanent Building for sleeping accommodation that may
contain a bathroom, but does not have a kitchen or other cooking facilities, which
provides temporary overflow accommodation for a Detached Dwelling located on the
same Parcel;
"Height" please refer to "Building Height";
"Home Occupation" means any occupation, trade, profession, or craft carried on by an
occupant of a residential Building as an Accessory Use to the residential Use of the
Building and which does not change the residential nature of the Building nor the
neighbourhood or have any substantial exterior evidence of such Accessory Use. This
does not include Cannabis Retail Sales, Cannabis Production and Distribution or Medical
Cannabis Counselling; (Changed 346.2/18)
"Indoor Merchandise Sales" means the indoor sale or display of merchandise, including
indoor storage of merchandise in quantities limited to the needs of the outlet;
"Interior Parcel" means a Parcel which is bounded by only one Street;
"Landscaped Area" means an area of land made attractive and desirable by the Use of
any or all of the following: grass, trees, shrubs, ornamental plantings, Fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage containers,
storage, parking lots or Driveways;
"Land Titles Act" means the Land Titles Act, R.S.A. 2000, c L-4, as amended;
"Land Use Bylaw" means this bylaw and amendments thereto;
"Land Use District" means an area as described in Part IV and shown in Schedule A of
this Land Use Bylaw;
"Land Use Policies" means the policies established by the Lieutenant Governor-in-
Council pursuant to the Municipal Government Act;
"Lane" means a Road, usually less than 10 metres (32.8 feet) wide, providing secondary
access to one (1) or more Parcels;
6
"Lot" means:
(a)
a quarter section;
(b)
a river Lot shown on an official plan referred to in Section 32 of the Surveys Act
that is filed or lodged in a Land Titles Office;
(c)
a settlement Lot shown on an official plan referred to in Section 32 of the Surveys
Act that is filed or lodged in a Land Titles Office;
(d)
a part of a Parcel described in a Certificate of Title if the boundaries of the part
are described in the Certificate of Title other than by reference to a legal
subdivision; or
(e)
a part of a Parcel described in a Certificate of Title if the boundaries of the part
are described in a Certificate of Title by reference to a plan of subdivision;
"Main Building" means a Building in which is conducted the main or principal Use of the
Parcel on which it is erected;
"Main Use" means the principal Use of a Building or Parcel;
"Manufactured Home" means a residential Building containing one Dwelling Unit built in a
factory in one or more sections, suitable for long term occupancy designed to be
transported on either its own wheels and chassis or other means to a suitable Site;
"Mechanized Excavation, Stripping and Grading" means the use of motorized and/or
non-motorized equipment to remove, relocate or stockpile soil or vegetation in excess of
normal landscape maintenance requirements;
"Medical Cannabis means a substance used for medical purpose authorized by a
licence issued under the federal government's Access to Cannabis for Medical Purposes
Regulations, or any subsequent legislation which may be enacted in substitution;
(346.2/18)
"Medical Cannabis Counselling means a use where counselling on medical cannabis
is provided by persons who are not medical professionals, and that may include the
ancillary retail sale or rental of cannabis accessories; (346.2/18)
"Medical Cannabis Production Facility means any building in which an activity
authorized by the Access to Cannabis for Medical Purposes Regulations, or any
successor or replacement legislation or regulation, is or may be conducted including such
activities as growing, processing, labeling and packaging, storing and transporting of
cannabis; (346.2/18)
"Motel" means a Building the Use of which is primarily for sleeping accommodations and
accessory services provided in rooms or suites of which may contain kitchen facilities;
"Municipality" means the Summer Village of Gull Lake;
"Municipal Government Act" means the Municipal Government Act, R.S.A. 2000, c. M-
26, as amended;
"Municipal Planning Commission" means the Commission established pursuant to the
Municipal Government Act;
7
"Municipal Shop and Storage Yard" means the facility used by the Municipality for the
storage of materials used in fulfilling its various functions and the housing and repair of its
equipment;
"Natural Environment Preservation Area" means an area that is to be preserved
because it is unsuitable in its natural state for physical Development;
"Non-Conforming Building" means a Building:
(a)
that is lawfully constructed or lawfully under construction at the time a Land Use
Bylaw affecting the Building or land on which the Building is situated becomes
effective; and
(b)
that on the date the Land Use Bylaw becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw;
"Non-Conforming Use" means a lawful specific Use:
(a)
being made of land or a Building or intended to be made of a Building lawfully
under construction, at the date a Land Use Bylaw affecting the land or Building
becomes effective, and
(b)
that on the date the Land Use Bylaw becomes effective does not, or in the case of
a Building under construction will not, comply with the Land Use Bylaw;
"Non-Renewable Resource Extraction" means the mining or removal from the ground of
deposits of coal, sand, gravel, clay and other minerals;
"Owner" means the person who is registered under the Land Titles Act as the Owner of
the fee simple estate in the land, or in respect of any property other than land, the person in
lawful possession of it;
"Parcel" means the aggregate of the one (1) or more areas of land described in a
Certificate of Title or described in a Certificate of Title by reference to a plan filed or
registered in a land titles office;
"Parcel Coverage" means the area covered by Buildings, Parking Facilities, Driveways,
storage areas and display areas;
"Parcel of Land" means:
(a)
where there has been a subdivision, any Lot or block shown on a plan of
subdivision that has been registered in a Land Titles office;
(b)
where a Building affixed to the land that would without special mention be
transferred by a transfer of land have been erected on two (2) or more Lots or
blocks shown on a plan of subdivision that has been registered in a land titles
office, all those Lots or blocks; or
(c)
a quarter section of land according to the system of surveys under the Surveys Act
or any other area of land described on a Certificate of Title;
"Park Model Home" means a Recreational Vehicle conforming to CAN/CSA-Z241 Series-
92;
8
"Parking Facility" means a Structure or an area providing for the off-Street parking of
motor vehicles;
"Parks and Playgrounds" means areas of public land known for their natural scenery
and/or preservation for either active and/or passive public recreation;
"Permanent Foundation" means:
(a)
a foundation meeting CSA Z240 standard; or
(b)
an engineer approved wood foundation; or
(c)
a poured concrete Basement; or
(d)
a concrete block Basement;
"Permitted Use" means a Use which is compatible with other Uses in the District and for
which a Development Permit shall be issued provided it otherwise conforms with this Land
Use Bylaw;
"Personal Service" means the provision of a service or services to individuals on a
commercial basis, and includes such services as photographers, travel agencies, beauty
salons, restaurants, and drycleaners;
"Public and Quasi-Public Use" means a Use of land or a Building for purposes of public
administration and service and shall also include a Building for the purpose of assembly,
instruction, culture, recreation or other community activity;
"Public Utility" means a Public Utility as defined in Part 17 of the Municipal Government
Act;
"Public Utility Building" means a Building in which the proprietor of a Public Utility
maintains an office, or maintains or houses equipment used in connection with the Public
Utility;
"Rear Yard" means:
(a)
in the case of Parcels abutting Gull Lake or Accreted Land, a Yard extending
across the full width of a Parcel from the rear wall of the Main Building situated on
the Parcel to the boundary abutting the Street; or
(b)
in the case of Parcels not abutting Gull Lake or Accreted Land, a Yard extending
across the full width of a Parcel from the rear wall of the Main Building situated on
the Parcel to the shortest boundary of the Parcel which does not abut a Street (see
Section 34);
"Recreation Facilities" means a public Building and/or grounds for community
entertainment, relaxation, social activity, and other leisure needs;
"Recreational Vehicle" means a vehicle or a portable Structure designed to be carried on
a vehicle providing temporary sleeping accommodation for travel and recreation purposes
and/or motorized sports activities conducted outdoors on both land and water. Recreational
Vehicles include, but are not limited to, motor homes, campers, holiday trailers, motor
bikes, snowmobiles, boats and utility trailers. Recreational Vehicles do not include
Manufactured Homes and Park Model Homes and shall not be skirted or provide for the
attachment or Use of any projections including, but not limited to, decks and carports;
9
"Road" means land:
(a)
shown as a Road on a plan of survey that has been filed or registered in a Land
Titles Office; or
(b)
the Use of which is a public Road;
and includes a bridge forming part of a public Road and any Structure incidental to a public
Road, but does not include a highway;
"Screen" means a Fence, berm, hedge, wall or Building Used to separate areas or
functions which detract from the appearance of Road scenery and the view from the
surrounding areas;
"Sewage Collection System" means a sanitary sewerage project that serves two (2) or
more Dwelling Units;
"Side Yard" means a Yard extending from the Front Yard to the Rear Yard between the
side boundary of the Parcel and the wall of Main Building thereon (see Section 34);
"Sight Triangle" means an area at the intersection of Lanes and/or Roads and/or railways
in which all Buildings, Fences, vegetation and finished ground elevations shall be less than
1 m (3.28 ft.) in Height above the average elevation of the carriageways/rails, in order that
vehicle operators may sight approaching vehicles in order to ensure adequate, collision-
avoidance time;
"Sign" means any word, letter, model, placard, board, notice, device or representation,
either illuminated or non-illuminated, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction and its supporting Structure;
"Area of Sign" means the total surface area within the outer periphery of the
subject Sign, and, in the case of a Sign comprised of individual letters or symbols,
shall be calculated as the area of a rectangle enclosing the letters or symbols.
Frames and structural members not bearing advertising matter shall not be
included in calculation of surface area;
"Facia Sign" means a Sign attached to, marked or inscribed on and parallel to the
face of a Building wall but does not include a billboard;
"Free-Standing Sign" means a Sign that is supported independently of a Building
wall or Structure but does not include a Portable Sign;
"Portable Sign" means a Sign that is not permanently installed or affixed;
"Site" means a Lot or Parcel of Land on which a Development exists or occurs or for which
an application for a Development Permit is made;
"Soft Landscaping" means the use of organic, vegetative material as part of a
Landscaped Area;
"Soft Sided Building" means any Building that is faced or finished, on any portion of the
Building exterior, with flexible sheeting capable of being rolled or folded;
"Statutory Plan" means a Municipal Development Plan, Intermunicipal Development Plan,
Area Structure Plan and/or Area Redevelopment Plan adopted by a bylaw of the
10
Municipality, or any one (1) or more of them;
"Street" means any category of Road, but does not include a Lane;
"Structural Alterations" means altering the Main Building components which support a
Building;
"Structure" means anything constructed or erected, either permanent or temporary, the
Use of which requires location on the ground or attachment to something having location
on the ground;
"Subdivision and Development Appeal Board" means the board established by Council
pursuant to the Municipal Government Act;
"Subdivision and Development Regulation" means the Subdivision and Development
Regulation (AR 212/95), as amended;
"Subdivision Authority" means the person, persons or organization appointed pursuant
to the Subdivision Authority Bylaw; (346.2/18)
"Surveys Act" means the Surveys Act, R.S.A. 2000, c S-26, as amended;
"Temporary Building" means a Building or Structure for which the sole purpose is
incidental to the carrying out of a Development, for which a permit has been issued under
this Land Use Bylaw. A Temporary Building shall be removed from the Site upon the lesser
time frame of either 1) the completion of the Development, for which a Development Permit
has been issued, or 2) the expired time period of one (1) year;
"Trails" means an area the Use of which is hiking, horseback-riding, cross-country skiing
or other forms of non-motorized recreational travel;
"Use" means a Building or an area of land and the function and activities therein or
thereon;
"Vegetation Removal" means the removal of trees and/or shrubbery, or the destruction
thereof, in excess of general landscaping maintenance. General landscaping maintenance
shall include minor, seasonal, historical or regular pruning, shearing and trimming of living
trees and/or shrubbery, mowing of lawn and the storage and/or composting/recycling of
resulting clippings and remnants;
"Walkway" means a public right of way for Use by pedestrians only, which is registered
at the Land Titles Office as a Walkway or a reserve;
"Water Distribution System" means a waterworks system that serves two (2) or more
Dwelling Units; and
"Yard" means an open space on the same Site as a Building and which is unoccupied and
unobstructed from the ground upward except as otherwise provided herein.
All other words and expressions have the meaning respectively assigned to them in Part 17
of the Municipal Government Act and the Subdivision and Development Regulation.
11
PART II
ADMINISTRATION
3.
Establishment of Development Officer
(1)
The office of the Development Officer is hereby established and such office shall
be filled by a person or persons to be appointed by resolution of Council.
(2)
The Development Officer shall perform such duties that are specified in this Land
Use Bylaw, including among other things:
(a)
keeping and maintaining for the inspection of the public during all
reasonable hours, a copy of this Land Use Bylaw and all amendments
thereto; and
(b)
keeping a register of all applications for Development, including the
decisions thereon and the reasons therefore.
4.
Establishment of Forms
(1)
For the purpose of administering the Land Use Bylaw, the Development Officer
shall prepare such forms and notices as he or she may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of this Land
Use Bylaw in the execution of the purpose for which they were designed,
authorized and issued.
5.
Establishment of Fees
(1)
The Development Permit application fee and fees for other matters arising through
this Land Use Bylaw shall be as established by resolution of Council. Council may
at any time by resolution increase, decrease or establish new fees for matters
covered by this Land Use Bylaw.
6.
Establishment of Subdivision and Development Appeal Board
(1)
The Subdivision and Development Appeal Board established by bylaw shall
perform such duties as are specified in Bylaw No. 294.
7.
Establishment of the Municipal Planning Commission
(1) The Municipal Planning Commission established by bylaw shall perform such
duties as are specified in the Bylaw No. 344/12.
12
8.
Amendment of the Land Use Bylaw
(1)
The Council on its own initiative may give first reading to a Bylaw to amend this
Land Use Bylaw.
(2)
A person may make application to the Development Officer for amendment to this
Land Use Bylaw. The application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the application;
(c)
if the application is for a change of District, the legal description of the
lands, or a plan showing the location and dimensions of the lands;
(d)
the applicant's interest in the lands; and
(e)
an application fee to be established by resolution of Council.
(3)
If the amendment is for a redesignation of land, the Development Officer may
require:
(a)
an outline plan for the area to be redesignated, to the level of detail
specified by the Development Officer; and
(b)
payment of a fee equal to the costs incurred by the Municipality to review
the proposed redesignation and/or related outline plan, or if necessary to
prepare an outline plan.
(4)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before
Council and shall issue not less than five (5) days notice to the applicant advising
that he may appear before the Council at that time, and speak to the application.
An application for amendment shall be placed before the Council within 60 days of
its receipt by the Development Officer.
(5)
Council, in considering an application for an amendment to this Land Use Bylaw,
may in its sole discretion:
(a)
refuse the application; or
(b)
refer the application for further information; or
(c)
pass first reading to a bylaw to amend this Land Use Bylaw, with or without
conditions or amendments; or
(d)
defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
pass first reading of an alternative amendment to this Land Use Bylaw,
with or without conditions.
(6)
Following first reading of an amending bylaw, Council shall:
(a)
establish the date, time and place for a public hearing on the proposed
bylaw;
13
(b)
if a bylaw to establish procedures for public hearings has not been passed,
(i)
outline the procedures to be followed by any person, group of
persons or person representing them who wish to be heard at the
public hearing, and
(ii)
outline the procedure for conducting the public hearing.
(7)
Following first reading of an amending bylaw, the Development Officer must give
notice of the public hearing by:
(a)
publishing notice at least once a week for two (2) consecutive weeks in at
least one newspaper or other publication circulating in the area to which
the proposed bylaw relates; or
(b)
mailing or delivering notices to every residence in the area to which the
proposed bylaw relates.
(8)
A notice of a public hearing must be advertised at least five (5) days before the
public hearing occurs.
A notice must contain:
(a)
a statement of the general purpose of the proposed bylaw and public
hearing;
(b)
the address where a copy of the proposed bylaw and any document
relating to it or the public hearing may be inspected; and
(c)
the date, place and time where the public hearing will be held.
(9)
In the case of an amendment to change the Land Use Designation of a Parcel of
Land, the Development Officer must, in addition to the requirements of subsection
(7):
(a)
include in the notice
(i)
the municipal address, if any, and the legal address of the Parcel
of Land, and
(ii)
a map showing the location of the Parcel of Land;
(b)
give written notice containing the information described in clause (a) and
subsection (7) to the assessed Owner of that Parcel of Land at the name
and address shown in the assessment roll of the Municipality; and
(c)
give written notice containing the information described in clause (a) and
subsection (7) to each Owner of Adjacent Land at the name and address
shown for each Owner on the assessment roll of the Municipality.
(10)
If the land referred to in subsection (9)(c) is in Lacombe County, the written notice
must be given to that Municipality and to each Owner of Adjacent Land at the
name and address shown for each Owner on the tax roll of Lacombe County.
(11)
Notwithstanding subsection (6), the Land Use Bylaw may be amended without
giving notice or holding a public hearing if the amendment corrects clerical,
14
technical, grammatical or typographical errors and does not materially affect the
Land Use Bylaw in principle or substance.
(12)
In the public hearing, the Council:
(a)
shall hear any person, group of persons, or person representing them, who
claims to be affected by the proposed bylaw and who has complied with
the procedures outlined by Council; and
(b)
may hear any other person who wishes to make representations and
whom the Council agrees to hear.
(13)
After considering the representations made to it about the proposed bylaw at the
public hearing and after considering any other matter it considers appropriate,
Council may:
(a)
pass the bylaw;
(b)
refer it for further information or comment;
(c)
make any amendment to the bylaw it considers necessary and proceed to
pass it without further advertisement or hearing; or
(d)
defeat the bylaw.
(14)
Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a Development Permit and negotiate a Development agreement in
respect of the proposal which initiated the application for amendment.
(15)
After third reading of the proposed bylaw, the Development Officer shall send a
copy of it to:
(a)
the applicant;
(b)
the registered Owner of the land if not the applicant;
(c)
the Director of Parkland Community Planning Services; and
(d)
the administration of Lacombe County, if it received a copy of the
proposed bylaw pursuant to subsection (10).
(17)
In this section, "Owner" means the person shown as the Owner of land on the
assessment roll prepared pursuant to the Municipal Government Act.
(18)
The Development Officer shall not accept an application for an amendment which
is identical or similar to an application which was refused by Council, for a period of
three (3) months after the date of the refusal unless, in the opinion of the
Development Officer, the reasons for refusal have been adequately addressed or
the circumstances of the application have changed significantly.
9.
Sections Found Invalid
(1)
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, it is intended that all remaining provisions are to remain in full force and
effect.
15
10.
Measurements
(1)
All required measurements in this bylaw are metric. Imperial equivalents are
provided for convenience purposes only.
16
PART III
DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL
11.
Purpose of Development Permits
(1)
Development Permits are required to ensure that all Development in the
Municipality is carried out in an orderly manner.
12.
Development Not Requiring a Development Permit
(1)
No Development Permit will be required for any of the following types of
Development provided that such Development complies with all applicable
provisions of this Land Use Bylaw:
(a)
the carrying out of works of improvement, maintenance or renovation to
any Building provided that such works do not include Structural Alterations
or additions;
(b)
the completion of any Development which has lawfully commenced before
the passage of this Land Use Bylaw or any amendment thereof, provided
that the Development is completed in accordance with the terms of any
permit granted in respect of it, and provided that it is completed within 12
months of the date of commencement;
(c)
the Use of any such Development as is referred to in subsection (b) for the
purpose for which Development was commenced;
(d)
in accordance with section 27 of this Land Use Bylaw, the erection or
construction of gates, fences, walls or other means of enclosure less than
1 m (3.28 ft.) in Height in Front Yards and less than 2 m (6.56 ft.) in other
Yards, and the maintenance, improvement and other alterations of any
gates, Fences, or walls or other means of enclosure;
(e)
the erection or placement of a Temporary Building;
(f)
the installation, maintenance and repair of public utilities;
(g)
the maintenance and repair of public works, services and utilities carried
out by or on behalf of federal, provincial and municipal public authorities on
land which is publicly owned or controlled provided that such Development
complies with all applicable provisions of this Land Use Bylaw;
(h)
one Accessory Building Used as a garden or tool shed on a residential
Parcel, such Building not to exceed 9.5 m2 (102.26 sq. ft.) in Floor Area
and 2.5 m (8.2 ft.) in Height;
(i)
the erection of one non-illuminated Sign of the following nature and size for
each Use within a Building or on a Parcel, provided such Signs do not
resemble or conflict with traffic Signs:
(i)
a Facia Sign for the purpose of identification, direction and/or
warning not exceeding 0.2 m2 (2.15 sq. ft.);
17
(ii)
a Facia Sign relating to a person, partnership or company carrying
on a profession, business or trade not exceeding 0.3 m2 (3.23 sq.
ft.);
(iii)
a facia or freestanding Sign relating to a religious, educational,
cultural, recreational or similar institution, or to an apartment not
exceeding 1.0 m2 (10.76 sq. ft.);
(iv)
a Portable Sign or notice, relating to the sale or lease of land or
Buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a
religious, educational, cultural, political, or governmental nature
not exceeding 3.0 m2 (32.29 sq. ft.) and limited in display to the
period of completion of the sale, lease, construction or event;
(v)
a flag attached to a single upright flagpole;
(j)
sundecks and patios which do not extend more than 3.65 m (11.98 ft) from
the dwelling and which are on the same or a lower level than the main floor
of the dwelling and which comply with all minimum Yard requirements;
(k)
Vegetation Removal that is dead, decaying, or pose a safety hazard;
(l)
Development specified in Section 618 of the Municipal Government Act,
which includes:
(i)
a highway or Road;
(ii)
a well or battery within the meaning of the Oil and Gas
Conservation Act;
(iii)
a pipeline or an installation or Structure incidental to the operation
of a pipeline; or
(iv)
any other action, person, or thing specified by the Lieutenant
Governor in Council by regulation.
13.
Permission for Development
(1)
An application for a Development Permit shall be made to the Development
Officer in writing on the form prescribed by Council and shall be accompanied by:
(a)
a scaled Site plan in duplicate showing the treatment of Landscaped Areas
if required, the legal description, the front, rear, and Side Yards, if any; any
provision for off-Street loading and vehicle parking and access and egress
points to the Parcel;
(b)
scaled floor plans, elevations and sections in duplicate;
(c)
a statement of existing and proposed Uses;
(d)
a copy of the Certificate of Title to the land and, if the applicant is not the
Owner, a statement of the applicant's interest in the land together with the
written consent of the Owner to the application;
18
(e)
the estimated commencement and completion dates;
(f)
the estimated cost of the project or contract price; and
(g)
any other pertinent information or tests required by the Development
Officer respecting the Site or Adjacent Lands including, but not limited to:
i.
Engineering plans or statement of intent respecting the provision
of water and wastewater services, and all utilities on Site;
ii.
a groundwater supply study, prepared by a qualified
professional, when potable water is to be provided through a
private or communal water system. If a communal system is
proposed, then details must be provided as to how the system
will be managed and operated;
iii.
percolation and near surface water table testing prepared by a
qualified professional where an onsite wastewater system is
proposed.
(h)
If the intended Development is for a Development that requires a
wastewater disposal system, the application shall also include a copy of
the private wastewater disposal system permit issued by an accredited
agency, or another qualified professional, approving the proposed
method of wastewater treatment and disposal for the Development.
(i)
should permission be requested for an addition to an existing
Development, confirmation may be required in writing from a plumbing
safety codes officer that the existing private waste water disposal system
is adequate for the proposed Development.
(j)
where an application for Development Permit proposes a below Grade
foundation, a geotechnical report prepared by a qualified professional
that outlines the seasonally adjusted water table levels, recommended
Building foundations, Basement construction and soil bearing capacities
shall be required.
(k)
If the intended Development is to remove vegetation, the application
shall also include:
(i)
a plan showing the existing trees, shrubs, and/or natural
vegetation, identify the trees, shrubs, and/or natural vegetation to
be removed;
(ii)
a statement as to why the trees, shrubs, and/or natural
vegetation are proposed to be removed;
(iii)
details outlining the measures that will be taken to ensure the
integrity of trees, shrubs, and/or natural vegetation adjacent to
those proposed to be removed is not compromised; and
(iv)
a statement may be required, at the discretion of the
Development Officer, from a qualified environmental specialist or
another qualified professional assessing the implications of tree,
19
shrub and/or natural vegetation removal on Gull Lake water
quality and habitat.
(l)
in addition to the requirements listed in subsection (1) above,
applications for Development Permits for Developments proposed in the
Commercial District will also be accompanied by:
(i)
landscaping plan(s) completed by a landscape architect or
another person qualified to perform such work and will include:
(A)
boundaries and dimensions of the subject Site;
(B)
location of all Buildings, vehicle and bicycle parking
areas, Driveways and entrances;
(C)
location of all exterior lights on the Site and their
projected light patterns in relation to adjacent public
Roadways and Developments;
(D)
location of existing plant materials to be retained;
(E)
location of new plant materials;
(F)
list of plant materials identifying the name, quantity and
size of plant material;
(G)
all other physical features, existing or proposed,
including berms, walls, Fences, outdoor furniture,
lighting and decorative planting; and
(H)
where applicable, a location plan showing the proposed
Development and landscaping relative to the
landscaping an improvements on adjacent properties.
(ii)
coloured elevation drawings showing the architectural treatment
of all Buildings;
(iii)
where applicable, relationships between Buildings;
(iv)
vehicle and pedestrian Site circulation; and
(v)
locations of Signs.
(2)
Deleted (346.2/18)
(2)
The Development Authority may deal with an application and make a decision
without all of the information required by subsection (1) if it is the opinion of the
Development Authority that a decision on the application can be properly made
without such information.
(3)
Each application for a Development Permit shall be accompanied by a non-
returnable administration fee, the amount of which shall be determined from time
to time by resolution of Council.
(4)
The Development Officer shall:
20
(a)
receive, consider and decide upon all applications for a Development
Permit;
(b)
at his/her discretion refer to the Municipal Planning Commission any
application which in his/her opinion should be decided by the Municipal
Planning Commission;
(c)
refer any application to an adjacent Municipality or any other agency or
person which in his opinion may provide relevant comments or advice
respecting the application; and
(d)
refer all applications for Development which would result in permanent
overnight accommodation, including dwellings, or public facilities to the
Energy Resources Conservation Board, if any of the land which is the
subject of the application is within 1.5 km (0.93 miles) of a sour gas facility
and the proposed Development is not, in the opinion of the Development
Officer, an infill Development.
(5)
Upon receipt of an application the Development Officer shall within 20 days
determine whether the application is complete. An application is complete, if in
the opinion of the Development Officer, the application contains the documents
and other information necessary to review the application. The 20 day timeline
may be extended if agreed upon in writing between the applicant and the
Development Officer. (346.2/18)
(6)
If the Development Officer deems a development permit application to be
complete, the Development Officer shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete,
(b)
Confirmation the Development Authority will begin processing the
application, and
(c)
The date the 40 days to process the application expires.
(346.2/18)
(7)
If the Development Officer determines an application is incomplete, the
Development Officer shall issue a notice in writing to the applicant, indicating the
following:
(a) The application is considered incomplete,
(b) A detailed list of the outstanding documents and/or information required
by the Development Officer in order for the application to be considered
complete.
(c) The date which the required outstanding documents and/or information
must be submitted to the Development Officer, as either set out in the
notice, or as agreed upon between the applicant and Development
Officer,
prior to the expiry of the 20 day review period. (346.2/18)
21
(8)
If the Development Officer determines that the information and documents
submitted by the applicant at the request of the Development Officer are
complete, the Development Officer must issue a letter to the applicant indicating:
(a) The application is complete,
(b) Confirmation the Development Authority will begin processing the
application, and
(c) The date the 40 days to process the application expires.
(346.2/18)
(9)
If the applicant fails to submit the outstanding information and documents
requested by the Development Officer to complete the application on or before
the date referred to in the notice issued to the applicant, the application is
deemed to be refused. (346.2/18)
(10)
If the application is deemed refused because the applicant failed to provide the
Development Officer with the requested information, the Development Officer
shall issue to the applicant a letter indicating the application has been refused
and the reason(s) for the refusal, within 7 days of the expiry date. (346.2/18)
(11)
Replaced (346.2/18)
(11)
Despite that the Development Officer has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Development Authority may request additional information or documentation from
the applicant that the Development Authority considers necessary to review the
application. (346.2/18)
(12)
If the Development Officer does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Development Officer, the
application is deemed to be complete. (346.2/18)
(13)
The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an
applicant indicating the application is complete, or within such longer period as
the applicant may have agreed to in writing. (346.2/18)
(14)
The Development Authority shall approve an application for a Development
Permit if the application complies with the requirements of the Land Use Bylaw,
the Municipal Government Act, the Subdivision and Development Regulation,
and Statutory Plans, and the Development Authority may attach conditions to the
permit necessary to ensure any of the following:
(a)
arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable, or any one or more of them, including
payment of the cost of installation or construction of any such utility or
facility by the applicant;
(b)
arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public Roads and Trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any one
22
or more of these matters, including payment of the costs of installation or
constructing any such facility by the applicant;
(c)
that the developer enters into a development agreement or an interim
agreement, which shall form part of such Development Permit and may be
required to be registered by caveat against title to the Site at the Land Titles
Office, to do any or all of the following:
(i)
to construct or pay for the construction of a Road required to give
access to the Development;
(ii)
to construct, or pay for the construction of:
(A)
a pedestrian Walkway system to serve the Development;
or
(B)
pedestrian Walkways to connect the pedestrian Walkway
system serving the Development with a pedestrian
Walkway system that serves or is proposed to serve an
adjacent Development, or both;
(iii)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve
the Development;
(iv)
to construct, or pay for the construction of:
(A)
off-Street or other parking facilities, and
(B)
loading and unloading facilities;
(d)
that the developer pays an off-Site levy or redevelopment levy imposed by
a bylaw adopted pursuant to the Municipal Government Act;
(e)
that the developer provides security to ensure compliance with this Land
Use Bylaw, a Development Permit, an agreement under this clause and/or
a Statutory Plan, which security may include, but is not limited to, a
performance bond, an irrevocable letter of credit or charge against the
Certificate of Title to the Site;
(f)
that the applicant repair, reinstate, or pay for the repair or reinstatement to
the original condition, of any Street furniture, Street pavement, boulevard
landscaping, and/or tree planting which may damaged or destroyed or
otherwise harmed by Development or construction operations on the Site;
(g)
that the applicant submits a Real Property Report to the satisfaction of the
Development Authority;
(h)
that the applicant carry out landscaping of the Site which may include the
retention and/or planting of vegetation, the construction of an earth berm
or some other form of Screen;
(15)
For a Discretionary Use in any District, the Development Authority may approve
an application for a Development Permit subject to:
(a)
any of the conditions listed in subsection (6); and
23
(b)
any conditions that the Development Authority may deem appropriate to
ensure compatibility with the amenities of the surrounding neighbourhood
and the Use, enjoyment, and value of the neighbouring Parcels of land,
including, but not limited to, the following:
(i)
limiting the time of operation including hours of the day, days of the
week, and parts of the year;
(ii)
limiting the number of patrons;
(iii)
requiring attenuation or mitigation of noise or any other nuisances
that may be generated by the proposed Development;
(iv)
regarding the location, character, and appearances of Buildings;
(v)
regarding the grading of the Site or such other matters as are
necessary to protect other Developments from the Site;
(vi)
establishing the period of time during which a Development may
continue;
(16)
For a Discretionary Use in any District, the Development Authority may refuse an
application for a Development Permit giving reasons for its refusal.
(17)
The Development Authority may:
(a)
approve, with or without conditions, an application for a Development
Permit; or
(b)
advise that a real property report appears to conform with the Land Use
Bylaw; or
(c)
recommend approval of an application for subdivision approval;
(18)
Prior to imposing any condition, upon the issue of a Development Permit
pursuant to this Section, the Development Authority shall consult with Council as
may be required in the circumstances and shall specify the terms and content of
the agreement in the condition in the Development Permit.
(19)
Where an application for a development permit has been refused, except for
those applications refused as incomplete applications, the Development Officer
shall refuse to accept another application for the same or a similar use on the
same lot or site until 6 months have passed from the date of such refusal unless
in the opinion of the Development Officer the reasons for refusal have been
adequately addressed or the circumstances of the application have changed
significantly. (346.2/18)
14.
Variance Provisions
(1)
The Development Authority may approve an application for a Development
Permit even though the proposed Development does not comply with this Land
Use Bylaw or is a Non-Conforming Building if, in the opinion of the Development
Authority;
24
(a)
the proposed Development would not:
(i)
unduly interfere with the amenities of the neighbourhood;
or
(ii)
materially interfere with or affect the Use, enjoyment or
value of neighbouring Parcels of land;
and
(b)
the proposed Development conforms with the Use prescribed for
that land or Building in this Land Use Bylaw.
(2)
In approving an application for Development pursuant to subsection (1), the
Development Authority shall adhere to the following:
(a)
a variance shall be considered only where warranted by the
merits of the proposed Development and in response to irregular
Lot lines, Parcel shapes or Site characteristics which create
difficulties in siting Structures within the required setback or in
meeting the usual bylaw requirements;
(b)
except as otherwise provided in this Land Use Bylaw, there shall
be no variance from the following:
(i)
site coverage;
(ii)
Deleted (346.1/12)
(iii)
Deleted (346.1/12)
(iii)
number of Dwelling Units on a Parcel; and
(iv)
parking stalls.
(c)
Replaced (346.1/12)
(c)
except as otherwise provided in this Land Use Bylaw, the
Development Officer may grant:
(i) up to (10) percent variance for the maximum Building
Height;
(ii)
up to (10) percent variance for the minimum front yard
or the minimum rear yard; and
(iii)
up to (15) percent variance for the minimum side yard.
(346.1/12)
(d)
Replaced (346.1/12)
(d)
except as otherwise provided in this Land Use Bylaw, the
Municipal Planning Commission may grant a variance for:
(i)
maximum building height; and
25
(ii)
minimum yards. (346.1/12)
(e)
Where a variance is granted, the nature of the approved
variance shall be specifically described in the Development
Permit approval.
(f)
Where the issuance of a Development Permit involves the
exercise of any specified discretion of the Development
Authority to relax a regulation of a District or any other
regulation of this bylaw, the Development Authority shall not
permit any additional variance from that regulation.
15.
Development Permits and Notices
(1)
A permit issued pursuant to this Part does not come into effect until twenty-one
(21) days (346.2/18) after the date on which notice of issuance of the permit is
given under subsection 4(b) or (c) or twenty-one (21) days after the date on
which notice of issuance of the permit is given, if such notice is given under
subsection 4(a) by postal service, then whichever last occurs. Any Development
proceeded with by the applicant prior to the expiry of this period is done solely at
the risk of the applicant.
(2)
The date of issue of any permit shall be the date of notification pursuant to
subsection (4).
(3)
Where an appeal is made pursuant to Section 17 of this Land Use Bylaw, a
Development Permit which has been issued shall not come into effect until the
appeal has been determined and the permit may be modified or nullified thereby.
(4)
On the same date a Development Permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms
described as follows:
(a)
mail a notice of the decision to all persons whose Use, enjoyment or value
of property may, in the opinion of the Development Officer, be affected;
(b)
post a notice of the decision conspicuously on the property for which the
application has been made;
(c)
publish in a newspaper circulating within the Municipality a notice of the
decision;
(d)
post a notice of the decision conspicuously at the Summer Village Office.
(5)
If the Development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, or the date of decision of the Subdivision and
Development Appeal Board, nor carried out with reasonable diligence as
determined by the Development Officer, the permit ceases to be effective, unless
an extension to this period, being no longer than an additional twelve (12)
months, has previously been granted by the Development Officer.
(6)
The exterior finish of any Building or Structure for which a valid Development
Permit has been issued, must be complete within a twelve (12) month period of
the start of construction, unless an extension to this period, being no longer than
26
an additional twelve (12) months, has been previously granted by the
Development Authority.
(7)
Replaced (346.2/18)
(7)
A decision of the Development Authority on an application for a development
permit shall be given in writing and a copy of it sent by ordinary mail to the
applicant on the same day the decision is made. (346.2/18)
(8)
When the Development Authority refuses an application for a Development
Permit, the decision shall contain reasons for the refusal.
(9)
If a decision is not rendered by the Development Authority within forty (40) days
of the receipt of a Development application, the applicant may:
(a)
deem that a refusal has been issued; or
(b)
enter into an agreement with the Development Authority to extend the forty
(40) day period within which a decision is to be made on the application.
16.
Permission for Subdivision Approval (346.2/18)
(1)
Upon receipt of an application the Subdivision Authority shall within 20 days
determine whether the application is complete. 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. The 20 day timeline
may be extended if agreed upon in writing between the applicant and the
Subdivision Authority.
(2)
If the Subdivision Authority deems a subdivision application to be complete, the
Subdivision Authority shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete,
(b)
Confirmation the Subdivision Authority will begin processing the
application, and
(c)
The date the 60 days to process the application expires.
(3)
If the Subdivision Authority determines an application is incomplete, the
Subdivision Authority shall issue a notice in writing to the applicant, indicating the
following:
(a)
The application is considered incomplete,
(b)
A detailed list of the outstanding documents and/or information required by
the Subdivision Authority in order for the application to be considered
complete,
(c)
The date which the required outstanding documents and/or information
must be submitted to the Subdivision Authority, as either set out in the
notice, or as agreed upon between the applicant and Subdivision Authority,
prior to the expiry of the 20 day review period.
27
(4)
If the Subdivision Authority determines that the information and documents
submitted by the applicant at the request of the Subdivision Authority are complete,
the Subdivision Authority shall issue a letter to the applicant indicating:
(a)
The application is complete,
(b)
Confirmation the Subdivision Authority will begin processing the
application, and
(c)
The date the 60 days to process the application expires.
(5)
If the applicant fails to submit the outstanding information and documents
requested by the Subdivision Authority to complete the application on or before
the date referred to in notice issued to the applicant, the application is deemed to
be refused.
(6)
If the application is deemed refused because the applicant failed to provide the
Subdivision Authority with the requested information, the Subdivision Authority
shall issue to the applicant a letter indicating the application has been refused and
the reason for the refusal, within 7 days of the expiry date.
(7)
Despite that the Subdivision Authority has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Subdivision Authority may request additional information or documentation from
the applicant that the Subdivision Authority considers necessary to review the
application.
(8)
If the Subdivision Authority does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Subdivision Authority, the
application is deemed to be complete.
(9)
The Subdivision Authority shall consider and decide on any application for a
subdivision approval, within 60 days of the date of issuance of a letter to an
applicant indicating the application is complete, or within such longer period as
the applicant may have agreed to in writing."
17.
Contravention
(1)
If the Development Officer finds that a Development, land Use or Use of a Building
is not in conformity with:
(a)
this Land Use Bylaw, Part 17 of the Municipal Government Act or the
Subdivision and Development Regulation; or
(b)
a Development Permit or subdivision approval;
the Development Officer may, by written notice, order the Owner, the person in
possession of the land or Building, or the person responsible for the contravention,
or any or all of them, to:
(c))
stop the Development or Use of the land or Building in whole or in part as
directed by the notice;
(d)
demolish, remove or replace the Development; or
28
(e)
carry out other actions required by the notice so that the Development or
Use of the land or Building complies with the Land Use Bylaw, Part 17 of
the Municipal Government Act or the Subdivision and Development
Regulation, a Development Permit or subdivision approval;
(2)
In such order the Development Officer may establish a time for reasonable
compliance with such order. If a person fails or refuses to comply with an order
under subsection (1) or an order of the Subdivision and Development Appeal
Board made pursuant to Part 17 of the Municipal Government Act, the Municipality
may enter on the land or Building and take any action necessary to perform and
complete the order.
(3)
The Municipality may register a caveat under the Land Titles Act in respect of an
order referred to in subsection (1) against the Certificate of Title for the land that is
the subject of the order, but if it does so the Municipality must discharge the caveat
when the order has been complied with.
18.
Appeal Procedure
(1)
An appeal of an order, a decision or a failure to make a decision of the
Development Authority may be made in writing to the Subdivision and
Development Appeal Board in accordance with the provisions set forth in the
Subdivision and Development Appeal Board Bylaw No. 291.
19.
Offences and Penalties
(1)
A person who contravenes or does not comply with:
(a)
the Land Use Bylaw;
(b)
Part 17 of the Municipal Government Act;
(c)
the Subdivision and Development Regulation;
(d)
an order under Section 17 of this Land Use Bylaw;
(e)
a Development Permit or subdivision approval, or a condition therein;
(f)
a decision of the Subdivision and Development Appeal Board; or
(g)
who obstructs or hinders any person or persons in the exercise or
performance of that person's or persons' powers or duties under this
Land Use Bylaw;
is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) above is liable to a
fine of not more than $10,000 or to imprisonment for not more than one (1) year, or
to both fine and imprisonment.
20.
Compliance with Other Legislation
29
(1)
Compliance with the requirements of the Land Use Bylaw does not exempt any
person from:
(a)
the requirements of any federal, provincial or municipal legislation; and
(b)
complying with any easement, covenant, agreement or contract affecting
the Development.
20. Deleted (346.2/18)
30
PART IV
LAND USE DISTRICTS
21.
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the Summer Village of Gull Lake is
divided into the following Districts:
"R-1"
- Low Density Residential District
"C"
- Commercial District
"EOS" - Environmental Open Space District
"UR"
- Urban Reserve District
(2)
The boundaries of the Districts listed in subsection (1) are as delineated on the
Land Use District Map being Schedule A hereto. All Roads, water courses and
lakes are excluded from the Land Use Districts.
(3)
Where the location of District boundaries on the Land Use District Map is not
clearly defined, the following rules shall apply:
(a)
a boundary shown as approximately following a Parcel boundary shall be
deemed to follow the Parcel boundary;
(b)
a boundary location which cannot be satisfactorily resolved, shall be
referred to Council for an official interpretation.
31
22.
"R1" - Low Density Residential District
The purpose of this District is to provide an area for low-density residential Development in
the form of Detached Dwellings and compatible Uses, herein listed. Use of the area
contained within the Front Yard of any Parcel which abuts Gull Lake or Accreted Land for
any purpose other than natural landscaping and paths is prohibited. (Replaced 346.2/18)
(1)
Permitted Uses
Accessory Buildings
Detached Dwellings
(2)
Discretionary Uses:
Building Demolition
Churches (deleted 346.2/18)
Detached garage with a guest house on the second floor
Excavation, Stripping, and Grading (deleted 346.2/18)
Home Occupations
Manufactured Homes
Mechanized Excavation, Stripping and Grading
Parking Facilities for Uses within this District (deleted 346.2/18)
Parks and Playgrounds
Public and Quasi-Public Uses (deleted 346.2/18)
Public Utility Buildings
Vegetation Removal
(3)
Minimum Requirements
(a)
Site Area:
(i)
1,855 m2 (19,967.22 sq. ft.) for non-serviced residential Lots,
(ii)
925 m2 (9,956.70 sq. ft.) for residential Lots serviced by a Sewage
Collection System but not by a Water Distribution System,
(iii)
1,390 m2 (14,961.96 sq. ft.) for residential Lots serviced by a
Water Distribution System but not by a Sewage Collection
System,
(iv)
418 m2 (4,499.46 sq. ft.) for residential Lots not complying with the
foregoing and legally created prior to promulgation of Alberta
Regulation 132/78, (April 1, 1978),
(v)
As required by the Development Authority for other listed Uses.
(b)
Lot Width:
(i)
30 m (98.43 ft.) for residential Lots,
(ii)
As required by the Development Authority for other listed Uses.
(c)
Replaced (346.2/18)
(c)
Minimum Front Yard:
32
(i)
7.5 m (24.60 ft.) for residential uses on parcels not abutting Gull
Lake or Accreted Land,
(ii)
For parcels abutting Gull Lake or Accreted Land and having a
parcel depth greater than 67.5 m , all that portion of the parcel
lying between the front parcel boundary and the development
line or 7.5 m (24.60 ft.) from the front parcel boundary, whichever
distance is greater,
(iii)
For parcels abutting Gull Lake or Accreted Land and having a
parcel depth less than 67.5 m, 7.5 m (24.60 ft.) from the front
parcel boundary,
(iv)
Despite subsections (ii) and (iii), the minimum front yard for
parcels abutting Gull Lake or Accreted Land shall respect the
minimum front yards of any existing main building present on the
abutting parcels on either side of the parcel to be developed.
Where there is an existing main building on each of the abutting
parcels, the minimum front yard shall be the average of the
distance between the Development Line and each of the existing
main buildings on the abutting parcels. Where there is an
existing main building on only one of the abutting parcels, the
minimum front yard shall be the distance between the
Development Line and the existing main building on the abutting
parcel."
(v)
As required by the Development Authority for other listed uses.
(346.2/18)
(d)
Minimum Side Yard:
(i)
1.5 m (4.92 ft.) for residential Uses,
(ii)
3 m (9.84 ft.) for residential Uses where the Side Yard abuts a
Road,
(iii)
One (1) 3 m (9.84 ft.) Side Yard shall be provided for residential
uses within a laneless subdivision,
(iv)
As required by the Development Authority for other listed Uses.
(e)
Minimum Rear Yard:
(i)
10 m (32.81 ft.) for residential Uses,
(ii)
As required by the Development Authority for other listed Uses.
(f)
Minimum Floor Area:
(i)
74.30 m2 (800 sq. ft.) for residential Uses,
(4)
Maximum Limits
(a)
Development Line and Developable Areas of Parcel
33
(i) For all parcels having a property line abutting the north or west limit of
the right of way for Premier Avenue or Lake View Avenue or Oliver
Avenue or Stuart Avenue, building construction, site improvements,
private wastewater systems, fencing, signage, formal landscaping,
recreational vehicle parking and use, vehicle parking and storage,
and outdoor storage of any item, shall be restricted to the portion of
the parcel that is between the property line closest to or abutting the
road right of way and the Development Line. (346.2/18)
(ii) For all parcels having a property line abutting the north or west limit of
the right of way for Premier Avenue or Lake View Avenue or Oliver
Avenue or Stuart Avenue, development of the portion of the parcel
that is between the property line closest to or abutting Gull Lake and
the Development Line shall be limited to natural landscaping using
native species of vegetation and natural paths and trails that use
sand, grass or wood chips as the walking surface.
(346.2/18)
(b)
Building Height:
(i)
10 m (32.81 ft.) above Finished Grade with a maximum of two storeys,
(ii)
As required by the Development Authority for other listed Uses.
(c)
Parcel Coverage:
(i)
55% of the developable Parcel area defined within this Land Use
Bylaw for residential Uses,
(ii)
10% of the developable Parcel area defined within this Land Use
Bylaw for Accessory Uses.
(iii) As required by the Development Authority for other listed Uses.
(5)
Manufactured Home Design:
The external appearance of Manufactured Homes must be acceptable to the
Development Authority having regard to compatibility with other Buildings in the
vicinity and must have:
a)
A minimum roof pitch of 4:12
b)
A roof surface of wood or asphalt shingles, clay or concrete tiles, slates or
wood shakes
c)
A minimum roof overhang or eaves of 0.40 m (16 inches) from each
external wall
d)
A maximum length to width ratio of 3:1
e)
A minimum width of 6.7 m (22.0 ft)
f)
A Permanent Foundation
34
(6) Landscaped Area
In the case of applications for Development Permits for Uses other than Detached
Dwellings, refer to Part V of this Bylaw.
(7)
Parcel Servicing
(a)
Individual onsite advanced wastewater treatment systems shall be the
preferred method to service Developments within the Summer Village of
Gull Lake.
(b)
The Development Authority may, at his/her sole discretion, allow other
wastewater treatment systems be installed insofar as adequate written
confirmation from an accredited agency, or another qualified
professional, is provided stating that the proposed method of wastewater
treatment will not be potentially harmful to Gull Lake or the groundwater
system.
(8) Vegetation Removal
Vegetation removal, or the destruction thereof, without a Development Permit is
prohibited. The width of any path between the Development Line and the property
line closest to Gull Lake shall not exceed 4.75m (15 ft.). (346.2/18)
35
Drawing Showing Application of Development Line and Development Area Requirements
(for illustration purposes only - see text for exact requirements)
(346.2/18)
36
23.
"C" - Commercial District
The purpose of this District is to provide an area for commercial Uses offering a variety of
goods and services, and other Uses, herein listed, which are compatible with the area,
which will create an attractive environment and be accessible to motor vehicles.
(1)
Permitted Uses
Indoor Merchandise Sales (convenience store)
Personal Services
(2)
Discretionary Uses
Accessory Dwelling Unit for the Occupancy of the Owner, Operator, or Caretaker
Accessory Uses
Automotive Service Stations
Building demolition
Campgrounds
Mechanized Excavation, Stripping and Grading
Motels
Parking facilities
Public and Quasi-Public Uses
Public Utility Buildings
Vegetation Removal
(3)
Minimum Requirements
(a)
Front Yard:
(i)
9 m (29.53 ft.) for Permitted Uses,
(ii)
As required by the Development Authority for Discretionary Uses.
(b)
Side Yard:
(i)
3 m (9.84 ft.) for Permitted Uses, except abutting a residential
Parcel, where it shall be 6 m (19.69 ft.),
(ii)
As required by the Development Authority for Discretionary Uses.
(c)
Minimum Rear Yard:
(i)
6 m (19.69 ft.) for Permitted Uses,
(ii)
As required by the Development Authority for Discretionary Uses.
(4)
Maximum Limits
(a)
Lot Width:
(i)
15 m (49.21 ft.) for Permitted Uses,
(ii)
As required by the Development Authority for Discretionary Uses.
(b)
Parcel Coverage:
37
(i)
80% for Permitted Uses,
(ii)
As required by the Development Authority for Discretionary Uses.
(c) Building Height:
(i)
10 m (32.81 ft.) for Permitted Uses,
(ii)
As required by the Development Authority for Discretionary Uses.
(5)
Landscaped Areas:
(a)
The following shall be Landscaped Areas:
(i)
the minimum Front Yard,
(ii)
the minimum Side Yard when adjacent to a Street or Residential
District,
(iii)
the minimum Rear Yard when adjacent to a Residential District
(b)
All applications for Development Permits shall include details of
landscaping on the Site plan for the consideration of the Development
Authority.
(6)
Outdoor Storage and Display:
(a)
All outdoor storage shall be Screened,
(b)
All outdoor display shall be Screened from Residential Districts.
(7)
Parcel Servicing
(a)
Individual onsite advanced wastewater treatment systems shall be the
preferred method to service Developments within the Summer Village of
Gull Lake.
(b)
The Development Authority may, at his/her sole discretion, allow other
wastewater treatment systems be installed insofar as adequate written
confirmation from an accreted agency, or another qualified professional,
is provided stating that the proposed method of wastewater treatment will
not be potentially harmful to Gull Lake or the groundwater system.
(8)
Vegetation Removal
Vegetation Removal, or the destruction thereof, without a Development
Permit is prohibited.
38
24.
"EOS" - Environmental Open Space District
The purpose of this District is to provide an area for the preservation of public and private
land in its natural state, or for its Development as a park and access opportunities to the
bed and shore of Gull Lake.
(1)
Permitted Uses
Natural environmental preservation
(2)
Discretionary Uses
Trails
Walkways
(3)
Vegetation Removal
Vegetation Removal, or the destruction thereof, without a Development Permit is
prohibited.
39
25.
"UR" - Urban Reserve District
The purpose of this District is to preserve land in its present state.
(1)
Permitted Uses
NIL
(2)
Discretionary Uses
Excavation, Stripping, and Grading
Public Utility Buildings
Vegetation Removal
Uses that will not, in the opinion of the Development Authority, materially alter the
Use of the land from that existing on the date the land was designated to this Land
Use District, or conflict with future urban expansion
(3)
Minimum Parcel Area
All the land contained in the existing Certificate of Title, unless otherwise approved
by the Development Authority, having regard to future Use of the Parcel and the
form of future subdivision and Development.
(4)
Parcel Servicing
(a)
Individual onsite advanced wastewater treatment systems shall be the
preferred method to service Developments within the Summer Village of
Gull Lake.
(b)
The Development Authority may, at his/her sole discretion, allow other
wastewater treatment systems be installed insofar as adequate written
confirmation from an accreted agency, or another qualified professional,
is provided stating that the proposed method of wastewater treatment will
not be potentially harmful to Gull Lake or the groundwater system.
(5) Vegetation Removal
Vegetation Removal, or the destruction thereof, without a Development Permit is
prohibited.
40
PART V
GENERAL LAND USE REGULATIONS
26.
Subdivision of Land
(1)
A Development requiring subdivision of land shall not be issued a Development Permit
until such time as subdivision approval has been received from the Subdivision Approval
Authority, or upon appeal, the Subdivision and Development Appeal Board or the
Municipal Government Board.
27.
Fencing
(1)
Within Residential Districts, a Fence:
(a)
located within a rear or Side Yard of a Lot shall not exceed 2 m (6.56 ft.) in
Height;
(b)
located within the Front Yard of a Lot shall not exceed 1 m (3.28 ft.) in Height;
(c)
located within the Side Yard abutting a flanking Street on a corner Lot shall not
exceed 1 m (3.28 ft.) in Height;
(d)
erected upon those lands within Plan 3689 KS, shall be contained within the Lot
boundaries, as described on the Certificate of Title of those Lots;
(e)
or any part thereof, subject to subsection (1)(d), shall not be located more than
60.0 m (196.80 ft.) from the rear boundary of a Parcel abutting Gull Lake or
Accreted Land. (346.2/18)
(2)
Within other Districts, a Fence shall be sited to the discretion of the Development
Authority.
28.
Accessory Buildings and Uses
(1)
Within Residential Districts:
(a)
no Accessory Building, Use, or portion thereof shall be erected or placed within
the Front Yard of a Parcel, except;
(i) for where the Parcel abuts Gull Lake or Accreted Land whereby an
Accessory Building as described in Section 11(h) of this Land Use Bylaw
may be approved; and
(ii) for where the Parcel fronts a Road where the Parcels across the Road
abut Gull Lake or Accreted Land whereby one Accessory Building Used
as a garage may be situated not closer than 7.5 m (14.76 ft) to the
Street. Such garages shall not exceed 7.32 m (24.02 ft) in width and
7.32 m (24.02 ft) in length, unless otherwise approved by the
Development Authority.
41
(b)
an Accessory Building on an Interior Parcel shall be situated so that the exterior
wall is at least 1 m (3.28 ft.) from the side and rear boundaries of the Parcel;
(c)
an Accessory Building or Use on a Corner Parcel shall not be situated closer to
the Street than the Main Building and it shall not be closer than 1 m (3.28 ft.) to
the other side Parcel boundary or the rear Parcel boundary;
(d)
an Accessory Building or Use shall not be more than 4.5 m (14.76 ft.) in Height,
and shall not exceed the Height of the Main Building; unless it is a detached
garage with a Guest House on the second floor where the Accessory Building will
not be more than 7.6 m (24.93 ft) in Height and will not exceed the Height of the
Main Building;
(e)
an Accessory Building erected or placed on a Parcel shall not be Used as a
Dwelling Unit;
(f)
satellite dishes, not affixed to the Main Building and exceeding 0.6 m (1.97 ft.) in
diameter, shall be deemed Accessory Uses and shall be subject to the Yard and
Building Height requirements for an Accessory Building;
(f)
Only one Guest House shall be constructed or placed on a Parcel.
(2)
Within other Districts, no Accessory Building or Use, or portion thereof shall be erected or
placed within the Front Yard of a Parcel.
29.
Building Orientation and Design
(1)
The design, character and appearance of any Building, or series of Buildings, Structure,
or Sign proposed to be erected or located in any District must be acceptable to the
Development Authority having due regard to:
(a)
amenities such as daylight, sunlight, and privacy;
(b)
the character of existing Development in the District; and
(c)
its adverse effect, if any, on adjacent Parcels.
(2)
In addition to subsection (1) above, the design, character and appearance of any
Building and Site improvements in a commercial District must be acceptable to the
Development Authority having regard to:
(a)
outdoor lighting arranged so that no direct rays of light are directed at any
adjoining Site or interfere with the effectiveness of adjacent traffic with no light
Structure or light attached to a Structure exceeding a Height of 9 m (29.53 ft);
(b)
the arrangement and location of Buildings, parking, and outdoor functions to
emphasize the aesthetically pleasing components of the Site, such as trees,
views, and architectural features, and disguise its less attractive elements such
as service facilities, outdoor storage and equipment areas, and garbage
enclosures, through placement and design of Structures and
landscaping/Screening;
(c)
treatment of all sides of a Building exposed to a Street or other public space as a
principal façade and finishing them in a pleasing architectural manner;
42
(d)
rooflines and facades of large single walls exceeding 30 m (98 ft) in length
designed to reduce the perceived mass through the Use of design elements such
as arches, columns or gables with exterior finish materials composed of mainly
muted colours;
(e)
adjacent Buildings on the same or separate Parcels to ensure they are
compatible in Height and scale. If different scale is required for functional
reasons, adequate transition shall be provided between the Buildings;
(f)
Screening or mechanical equipment and Screening materials that are compatible
with the theme and character of the Main Building; and
(g)
designing Buildings with consideration for pedestrian scale.
30.
Number of Buildings on a Parcel
(1)
A Development Permit shall not be issued for more than one (1) Main Building on an
unsubdivided Parcel, except where it is proposed to develop more than one (1) Main
Building to form a single, unified group of Buildings.
31.
Relocation of Buildings
(1)
No person shall:
(a)
place on a Parcel a Building which has previously been erected or placed on a
different Parcel; or
(b)
alter the location on a Parcel of a Building which has already been constructed on
that Parcel;
unless a Development Permit has been issued by the Development Authority.
(2)
In addition to the requirements of Section 13, the Development Authority may require an
application for a Development Permit to be accompanied with:
(a)
recent colour photographs showing all elevations of the Building;
(b)
a statement verifying the age, size and structural condition of the Building; and
(c)
a statement of proposed improvements to the Building.
(3)
An application for a Development Permit may be approved by the Development Authority
if the proposal meets all of the regulations specified under the appropriate Land Use
District in which it is proposed to be located.
(4)
Where a Development Permit has been granted for the relocation of a Building either on
the same Parcel or from another Parcel, the Development Authority may require the
applicant to provide a performance bond of such amount to ensure completion of any
renovations set out as a condition of approval of a permit.
(5)
All structural and exterior renovations shall be completed within one (1) year of the
issuance of a Development Permit.
43
32. Soft Sided Buildings
(1)
The Development Authority may approve an application for Development Permit for a
Soft Sided Building only if:
(a)
the Building is an Accessory Building on the Parcel and is not erected or placed
within the Front Yard of a Parcel, unless otherwise approved by the Development
Authority, and
(b)
any application for Development Permit shall be for a maximum duration of one
(1) year; and
(c)
the Structure meets Alberta Building Code requirements.
(2)
The Development Authority may conditionally approve a Soft Sided Building to be placed
on a Parcel subject to the applicant agreeing to remove the Building in accordance with
the terms and conditions of the Development Permit.
(3)
There shall be no more than one (1) Soft Sided Building per Parcel
(4)
A Soft Sided Building Used as a garage in a residential District must be placed in the
Rear Yard only unless it is located on a parcel abutting Gull Lake where it must be placed
in the Front Yard.
33.
Building Demolition
(1)
An application to demolish a Building shall not be approved without a statement or plan,
to the satisfaction of the Development Authority, which indicates:
(a)
the procedure of how the operation will be carried out so as to create a minimum of
dust or other nuisance; and
(b)
the final reclamation of the Parcel.
34.
Yards
(1)
The following illustrates the Yards for Parcels abutting Gull Lake or Accreted Land:
44
(2)
The following illustrates the Yards for Parcels not abutting Gull Lake or Accreted Land:
35.
Projections Over Yards
(1)
Projections on Permanent Foundation walls and footings, or on piles are deemed to be
part of the Building, and shall not be considered as a projection over a Yard.
(2)
In a residential District, the portion of and attachments to a main or Accessory Building
which may project over or on a minimum Yard are:
(a)
Side Yards:
(i)
Any projection, including non-enclosed steps or eaves, not exceeding one-
half of the minimum Side Yard required for the Building;
(b)
Front Yards:
(i)
Any projection not exceeding 1.5 m (4.92 ft.) over or on the minimum Front
Yard;
(c) Front and Rear Yard:
(i)
Non-enclosed steps, if they do not project more than 2.5 m (8.20 ft.) over
or on a minimum front or Rear Yard;
(d)
Rear Yards
(i)
Any projection not exceeding 3.0 m (9.84 ft.) over the minimum Rear Yard.
(3)
In all other Districts, the portion of and attachments to a main or Accessory Building
which may project over or on a minimum Yard are:
(a)
any projection not exceeding 1.5 m (4.92 ft.) into a front or Rear Yard;
(b)
any projection not exceeding 0.6 m (1.97 ft.) into a Side Yard;
(c)
any projection that is an exterior fire escape not exceeding 1.2 m (3.94 ft.) in width.
45
36.
Objects Prohibited or Restricted in Yards
(1)
Replaced (346.1/12)
(1)
No person shall allow a motor vehicle, which is in dilapidated or unsightly condition or a
Derelict and/or non-registered Vehicle to remain or be parked on a Parcel in the Residential
District. (346.1/12)
(2)
Replaced (346.1/12)
(2)
Replaced (346.2/18)
(2)
No more than one (1) Recreational Vehicle, holiday trailer, motor home or camper may
be parked on a parcel within a Residential District where a main building exists on the
parcel. Where there is no main building on the parcel, there shall be no Recreation
Vehicle, holiday trailer, motor home or camper parked on the parcel. No Recreation
Vehicle, holiday trailer, motor home or camper shall be used for living and/or sleeping
accommodation for an accumulative period of time greater than thirty (30) days per
annum. Utility trailers and truck campers attached to a box of a truck are not included in
this provision. (346.2/18)
(3)
In addition to subsection (2) above, one (1) additional recreational vehicle is allowed for a
72 hour non-consecutive period from May 1- September 30 of the calendar year. No
more than two (2) recreational vehicles are allowed at any time. The location of the
Recreation vehicle, holiday trailer, motor home or camper on the parcel and its screening
from view from any public street shall be to the satisfaction of the Development Officer.
(346.1/12)
(4)
No person shall allow a vehicle of more than 2,730 kg (6,018.6 lbs.) GVW and/or a length
of 6.5 m (21.3 ft.) to be parked or stored on a Parcel within the Residential District, except
those vehicles described in subsection (2).
37.
Parking
(1)
The following minimum number of parking spaces shall be provided and maintained upon
the Use of a Parcel or a Building in any District as described in this Land Use Bylaw. Any
calculation of the number of parking spaces which produces a requirement for part of a
space shall be rounded up to the next highest integer.
Uses
Parking Spaces
Guest Houses
1 per Guest House
Indoor Merchandise Sales
5 per 100 m2 (1,076.4 sq. ft.)
Motels
1 per guest room
Repair Services
2 per 100 m2 (1,076.4 sq. ft.)
Restaurants
1 per 4 seats
Churches
1 per 4 seats
Residential Dwelling Units
2 per dwelling
Other Uses
The number of spaces shall be
determined by the Development
Authority having regard to similar
Uses listed above and the
estimated traffic generation and
attraction of the proposed Use.
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(2)
Each parking space shall have dimensions of not less than 2.75 m (9.02 ft.) by 5.5 m
(18.04 ft.).
38.
Vehicle Access to Buildings
(1)
Any Building into which a vehicle may enter shall have a Driveway on the Parcel at least
6 m (19.69 ft.) in length, except where the Driveway enters a Lane, where it shall be at
least 1 m (3.28 ft.) or 6 m (19.69 ft.) or more.
39.
Access into Commercial District
(1)
Vehicular entrances and exits, as well as on-Site pedestrian and vehicular routes, shall
be designed in a manner that provides a safe and clearly defined circulation pattern.
(2)
Loading spaces shall be located in such a manner as to not impede the efficient flow of
traffic and pedestrian movement and to minimize impacts on Adjacent Land Uses.
40.
Sight Lines at Intersections of Lanes and Roads
(1)
At the intersection of Lanes, a 3.0 m (9.84 ft.) Sight Triangle shall be provided, as
illustrated below:
(2)
At the intersection of other Roads, the Development Authority may require the calculation
of Sight Triangles where:
(a)
one or more rights-of-way is less than 15 m (49.21 ft.); or
(b)
regulated vehicle speed exceeds 50 km/h; or
(c)
one of the carriageways is not centred in its right-of-way; or
(d)
an intersection leg is curved or skewed; or
(e)
an intersection leg is sloped at 2% or greater.
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(3)
Sight Triangle calculations shall be in accordance with the recommended methods of the
Roads and Transportation Association of Canada regarding crossing sight distances for
Roads.
41.
Home Occupations
(1)
A Home Occupation shall not include any Use or operation which detracts from the
amenities of a residential neighbourhood, by way of creating dangerous or objectionable
conditions.
(2)
A Home Occupation shall be incidental and subordinate to both the residential Use and
the accessory residential Building.
(3)
There shall be no exterior display or advertisement, unless provided in accordance with
Section 12 (1)(i).
(4)
There shall be no outside storage of materials, commodities or finished products.
(5)
No commodity other than the product or service of the approved Home Occupation shall
be sold on the premises.
(6)
No person(s) other than a resident of the dwelling shall be employed.
42.
Mechanized Excavation, Stripping and Grading
(1)
A temporary Fence shall be erected surrounding all excavations which in the opinion of
the Development Authority may be hazardous to the public.
(2)
Where finished ground elevations are established, all grading shall comply therewith.
(3)
All Parcels shall be Graded to ensure that storm water is directed to a public Road
without crossing Adjacent Land, except as permitted by the Development Authority.
(4)
All top soil shall be retained on the Parcel, except where it must be removed for Building
purposes.
43.
Vegetation Removal
(1)
For the purposes of this Land Use Bylaw, dead, decaying, or trees that pose a safety
hazard have one or more of the following characteristics:
(a)
dry and lifeless wood that breaks very easily;
(b)
deep splits through the bark;
(c)
lack of leaves;
(d)
weak branch unions where they are not securely attached to the tree;
(e)
Signs of decay such as fungi, or soft or crumbly wood; or
(f)
uneven growth pattern indicated by lopsided or leans in a particular direction.
(2)
Spiral pruning, meaning the thinning of a tree canopy by the selective removal of entire
tree limbs, is the preferred method of pruning trees to enhance views of the lake.
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(3)
Any healthy vegetation proposed to be removed shall be replaced at the discretion of the
Development Authority. Applications for Vegetation Removal on Accreted Land will be
heavily scrutinized and referred to the Municipal Planning Commission.
44.
Landscaping, Environmental Conservation and Development
(1)
Unless otherwise specified in a District, the following standards of landscaping shall be
required for all areas of a Parcel not covered by Buildings, Driveways, storage, and
display areas:
(a)
the conservation of existing trees and shrubs to the maximum extent possible;
(b)
the appropriate Screening of outside storage areas, parking facilities and loading
areas from adjacent Buildings and public Roads;
(c)
a sufficient depth of top soil to facilitate growth in the soft-Landscaped Areas, with
areas not planted to trees and shrubs being seeded to grass, sodded or left with its
natural grass cover; and
(d)
completion of the landscaping by the end of the first full growing season following
completion of construction or the commencement of the Use.
(e)
the retention, in their natural state, of
(i)
swamps, gullies and natural drainage courses,
(ii)
unstable land,
(iii)
land subject to flooding by a 1:100 year flood,
(iv)
land with a natural gradient of 15% or greater, and
(v)
land below the top of the bank
(vi)
land between Gull Lake and the Development Line. (346.2/18)
to the maximum extent possible.
(2)
in addition to subsection (1) above, the following regulations are specific to
Developments proposed in the Commercial District:
(a)
Appropriate Screening of outside storage areas, parking facilities and loading
areas from adjacent Buildings and Roads shall be provided. Trees and shrubs
shall be evenly placed at regular intervals when Used for Screening.
(b)
The planting of additional trees and shrubs shall be provided on the basis of the
following:
(i)
one (1) tree per 40 m2 (430 ft2) of the required Landscaped Area;
(ii)
one (1) shrub per 20 m2 (215 ft2) of the required Landscaped Area;
(iii)
fifty percent (50%) of the required trees and shrubs shall be coniferous
and fifty percent (50%) of the required trees and shrubs shall be
deciduous;
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(iv)
seventy-five percent (75%) of the coniferous trees shall be a minimum 2
m (6.6 ft) in Height above the root ball and twenty-five percent (25%)
shall be a minimum of 3.5 m (11.5 ft) in Height above the root ball;
(v)
fifty percent (50%) of the deciduous trees shall be a minimum of 50 mm
(2.4 in) caliper above the root ball and fifty percent (50%) shall be a
minimum of 75 mm (3 in) caliper above the root ball;
(vi)
a minimum Height of 0.5 m (1.64 ft) for coniferous shrubs; and
(vii)
a minimum Height of 0.6 m (1.97 ft) for deciduous shrubs.
(c)
when not Used for Screening, trees and shrubs shall be clustered or arranged in
planting beds. Individual planting beds shall consist of an odd number of trees
and shrubs and an approximate mix of fifty percent (50%) coniferous and fifty
percent (50%) deciduous). At a minimum, a planting bed shall be composed of
three (3) coniferous trees and two (2) deciduous trees or shrubs.
(d)
The Owner of a property shall be responsible for landscaping and proper
maintenance. If the required landscaping does not survive two (2) growing
seasons, the applicant/Owner must replace it with a similar type of species and
with a similar caliper width or Height.
45.
Refuse Storage
(1)
A commercial waste bin shall be provided as part of the Development of commercial
Uses in the Commercial District. The bin shall be placed in a Screened enclosure, by
way of a solid metal Fence, Screening wall composed of the same material as the
Building and/or a planting buffer in the side or Rear Yard at a location accessible by
garbage collection.
46.
Municipally-Owned Lands
(1)
Vegetation Removal from municipally owned lands is strictly prohibited, unless prior
written permission is received from Council.
47.
Development in Proximity to Oil and Gas Wells
(1)
In accordance with the Subdivision and Development Regulation, no Building shall be
constructed within 100 metres (328 feet) of the well head of a gas or oil well, unless, in
the opinion of the Development Authority, it may be considered an infill Development or
written approval is obtained by the Energy Resources Conservation Board.
48.
Development Setbacks from Landfills and Waste Sites
(1)
In accordance with the Subdivision and Development Regulation:
(a)
a school, hospital, food establishment or residence must not be approved and
a residence must not be constructed if the Building Site is within the distances
from a sanitary landfill, hazardous waste management facility, dry waste Site,
waste processing Site, waste storage Site, waste sorting station or waste
transfer station specified in the Subdivision and Development Regulation; and
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(b)
a sanitary landfill, modified sanitary landfill, dry waste Site, hazardous waste
management facility, waste processing Site, waste storage Site, waste sorting
station or waste transfer station must not be approved within the distances
from the property boundary of a school, hospital, residence, or food
establishment specified in the Subdivision and Development Regulation;
unless the Development has obtained written approval by the Deputy Minister of the
Environment.
49.
Land Use Policies
(1)
Every action undertaken by the Municipality and the Development Authority must be
consistent with any Land Use Policies established pursuant to the Intermunicipal
Development Plan and the Municipal Government Act.
50.
Guidelines for Other Land Uses
(1)
All Uses which are not covered by specific regulations in Part III shall be:
(a)
separated from adjacent Uses by such a distance as to ensure that there will
be no adverse impact upon or by those adjacent Uses;
(b)
at a density which is consistent with that prevailing in the area, unless
otherwise provided for in a Statutory Plan;
(c)
setback from any Parcel boundary abutting a Road a sufficient distance to
ensure that the Development will not be visually intrusive, having regard to any
possible changes in surrounding Uses;
(d)
of a Height which will be consistent with that prevailing in the area;
(e)
developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent Roads; and
(f)
developed in conformance with any applicable Statutory Plan policies.
51.
Site Development
(1)
The design, siting, external finish, architectural appearance and landscaping of all
Buildings, including any Accessory Buildings or Structures and Signs and any
reconstruction shall be to the satisfaction of the Development Authority in order that
general conformity and compatibility with adjacent Buildings and Uses be provided.
Criteria for conformity and compatibility shall include, but not be limited to, that a
Dwelling Unit constructed as part of a Development shall be Sited upon a Parcel at a
similar distance from the abutting Road such that the new Dwelling Unit can
reasonably be described as being situated in alignment with adjacent Dwelling Units.
52.
Cannabis Retail Sales (346.2/18)
(1)
A cannabis retail sales use shall not be located within 800m of the following:
(a)
Centennial Park located on Lot 1, Plan 1857EO, Part of the NW 23-40-28-4
and Lots 2 through 9, Plan 2352S; and
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(b)
The Summer Village Community Hall site located on Lots 3A through 5A,
Plan 3689KS.
For the purposes of this subsection only the 800m distance shall be measured from
the closest point of the cannabis retail sales use to the closest point of any of the
parcels or subject sites listed above. The Development Authority shall not grant a
variance to reduce the separation distance.
(2)
Cannabis retail sales shall not be co-located with, or approved in combination with,
any other use within the same building designed to house a single tenant or the
same commercial bay of a building designed to house multiple tenants.
(3)
Cannabis retail sales shall include design elements and considerations that readily
allow for natural surveillance and the promotion of a safe urban environment, which,
to the satisfaction of the Development Authority, includes the following requirements:
(a)
Customer access to the store is limited to a store front that is visible from the
street, or a parking lot, or the interior hallway of a mall;
(b)
The exterior of all stores shall have as much transparency from the street as
possible;
(c)
Outdoor lighting shall be designed to ensure a well-lit exterior for pedestrians
and illumination of the property; and
(d)
Landscaping shall consist of low-growing shrubs or trees with a sufficiently
high canopy to maintain natural surveillance between heights of 1m and
2.5m above grade.
(4)
No outdoor storage relating to cannabis retail sales shall be allowed.
(5)
No nuisances, including but not limited to odour, noise, or light, shall be emitted.
(6)
Drive through facilities and windows are not permitted.
(7)
Onsite parking shall be provided at a rate of 5 parking stalls per 100 m2 (1,076 ft2) of
floor area.
(8)
The Development Authority shall not grant a variance to any standard that applies to
a cannabis retail sales use.
(9)
In addition to the requirements for a development permit application, the applicant
proposing a cannabis retail sales development shall provide:
(a)
A drawing illustrating the proposed location of the cannabis retail sales and
its distance from any other use or facility that requires a distance separation
under this Land Use Bylaw or the provincial legislation; and
(b)
Written confirmation from the Alberta Gaming, Liquor and Cannabis
Commission (AGLC) that the applicant has satisfied the AGLC requirements
to be a person eligible to sell cannabis in Alberta.