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SUMMER VILLAGE OF
HALF MOON BAY
LAND USE BYLAW NO. 123/13
August 2013
Amended by Bylaw #131/16
April 2016
Prepared by:
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
SUMMER VILLAGE OF HALF MOON BAY
LAND USE BYLAW NO. 123/13
TABLE OF CONTENTS
PART ONE: GENERAL ........................................................................................................................ 1
1.1
Short Title ....................................................................................................................... 1
1.2
Purpose ................................................................................................................................ 1
1.3
Definitions ....................................................................................................................... 1
1.4
Establishment of the Development Officer ..................................................................... 9
1.5
Municipal Planning Commission (MPC or Commission) ................................................. 10
1.6
Establishment of Forms ................................................................................................ 10
1.7
Establishment of Fees .................................................................................................. 10
1.8
Establishment of Supplementary Regulations .............................................................. 10
1.9
Establishment of Land Use District Regulations ........................................................... 11
1.10
Establishment of Districts ............................................................................................. 12
1.11
Amendment of the Land Use Bylaw ............................................................................. 12
1.12
Sections Found Invalid ................................................................................................. 16
1.13
Repeal ................................................................................................................................ 16
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL .................................... 17
2.1
Purpose of Development Permits ..................................................................................... 17
2.2
Development Not Requiring a Development Permit ........................................................ 17
2.3
Permission for Development ............................................................................................. 19
2.4
Variances ...................................................................................................................... 24
2.5
Development Permits and Notices ............................................................................... 25
2.6
Appealing a Decision ......................................................................................................... 26
2.7
The Appeal Process .......................................................................................................... 28
2.8
Cancellation .................................................................................................................. 28
2.9
Compliance with other Legislation ................................................................................ 29
2.10
Contravention and Enforcement ....................................................................................... 29
2.11
Offences and Penalties................................................................................................. 31
PART THREE: SUPPLEMENTARY REGULATIONS....................................................................... 32
1. Buildings ............................................................................................................................. 32
1(1)
Accessory Buildings ................................................................................................... 32
1(2)
Building Orientation and Design ..................................................................................... 33
1(3)
Relocation of Buildings ............................................................................................... 34
1(4)
Number of Buildings on a Parcel .................................................................................... 35
1(5)
Building Demolition .......................................................................................................... 35
1(6)
Guest Houses .................................................................................................................. 35
2. Yards .................................................................................................................................. 36
2(1)
Yard Illustrations ......................................................................................................... 36
2(2)
Projections Over Yards ............................................................................................... 36
2(3)
Objects Prohibited or Restricted in Yards ................................................................... 37
2(4)
Laneless Subdivisions ................................................................................................. 38
3.0
Vehicles .......................................................................................................................... 39
3(1)
Driveways ................................................................................................................... 39
3(2)
Detached Garages ..................................................................................................... 39
3(3)
Sight Lines at Intersections of Roadways ...................................................................... 39
4.0
Miscellaneous ................................................................................................................. 40
4(1)
Home Occupations ..................................................................................................... 40
4(2)
Private Pools and Decorative Ponds .............................................................................. 40
4(3)
Fencing ....................................................................................................................... 41
4(4)
Mechanized Excavation, Stripping and Grading of Parcels ........................................ 42
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
4(5)
Landscaping, Environmental Conservation and Development ................................... 42
4(6)
Subdivision Design Standards ..................................................................... 43
4(7)
Public Property Regulations ....................................................................................... 43
5.0
Guidelines for Other Land Uses ..................................................................................... 44
PART FOUR: LAND USE DISTRICT REGULATIONS ..................................................................... 45
RESIDENTIAL DISTRICT (R) ..................................................................................................... 45
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS) ................................................................ 48
SUMMER VILLAGE OF HALF MOON BAY
LAND USE BYLAW AMENDING BYLAW
BY- LAW #131-16
Being a Bylaw of the Summer Village of Half Moon Bay, in the Province of Alberta, to
authorize amendments to the Summer Village of Half Moon Bay Land Use Bylaw
123/13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 123/13;
NOW THEREFORE the Council of the Summer Village of Half Moon Bay, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 123/13:
1. Part Two: 2.2 (1) to read: The carrying out of works of improvement, maintenance,
repairs or renovation to any, but not limited to, building, deck, driveway provided
that such works do not include structural alterations, additions or drainage alterations
and that the works comply with the regulations of this Land Use Bylaw.
2. Part Three: 1(4) to read: Number of Buildings on a Parcel;
A Development Permit shall not be issued for no more than:
(a) One (1) main building on an unsubdivided parcel; and
(b) Two (2) accessory buildings on an unsubdivided parcel.
3. Part Four: Residential District (R), Permitted Use - Accessory Building to read:
Accessory Building where the total floor area is 72 sq. m. (796.54 sq. ft.) or less; and
Discretionary Uses - Accessory Building to read: Accessory Building where the total
floor area is over 72 sq. m. (796.54 sq. ft.).
4. Part Four: Residential District (R) - Building Demolition to be moved from a
Discretionary Use to a Permitted Use.
READ a first time in Council assembled this 7th day of March, 2016.
READ a second time in Council assembled this 7th day of March, 2016.
PUBLIC HEARING held on April 18th, 2016.
___________________________________
Ted Hiscock, Mayor
___________________________________
Phyllis Forsyth, C.A.O.
READ a third time in Council assembled and passed this 18th day of April, 2016.
___________________________________
Ted Hiscock, Mayor
___________________________________
Phyllis Forsyth, C.A.O.
1
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
BYLAW NO. 123/13
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF
LAND AND BUILDINGS IN THE SUMMER VILLAGE OF HALF MOON BAY
WHEREAS the Municipal Government Act, and amendments thereto, authorize the
Council of a Municipality to enact a Land Use Bylaw to prohibit or regulate and control
the use and development of land and buildings within the Municipality.
NOW THEREFORE the Council of the Summer Village of Half Moon Bay in the Province
of Alberta, enacts as follows:
PART ONE: GENERAL
1.1
Short Title
This Bylaw may be cited as "The Summer Village of Half Moon Bay Land Use
Bylaw".
1.2
Purpose
The purpose of this bylaw is to, amongst other things;
(1)
Divide the municipality into districts;
(2)
Regulate and control or to prohibit the use and development of land and
buildings in each district;
(3)
Establish the office of the Development Officer;
(4)
Establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
(5)
Provide the manner in which notice of the issuance of a Development
Permit is to be given; and
(6)
Protect the shoreline and water quality of Sylvan Lake.
1.3
Definitions
In this Land Use Bylaw:
"accessory building(s)" means a building separate and subordinate to the main building,
the use of which is incidental to that main building and is located on the same parcel of land
and includes, in the residential district, such things as storage sheds, garages, and a guest
house. Accessory buildings are not intended for commercial purposes; and do not include
sea cans;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
"accessory use(s)" means a use customarily incidental and subordinate to the main use and
is located on the same parcel of land with such main use;
"adjacent land" means land or a portion of land that is contiguous to the land that is the
subject of an application and includes land or a portion of land that would be contiguous
except for a road, rail or utility right-of-way, river or stream;
"basement" means a habitable portion of a building which is partly underground, but
which has more than fifty (50) percent of the distance, between the floor level and the
underside of the ceiling joists, above adjacent ground elevation;
"breezeway(s)" means a roofed open passage connecting two (2) or more buildings;
"building(s)" includes anything constructed or placed on, in, over or under land but
does not include a highway or road or a bridge forming part of a highway or road;
"building demolition" means the pulling down, tearing down, razing, or removal of a
building;
"building height" means the vertical distance of a building measured from the average
grade to the highest point of the building. The highest point of a building shall be
determined without considering an elevator housing, stairway entrance, a ventilating fan,
a skylight, a steeple, a chimney, a smoke stack, a firewall, a parapet wall, a flagpole or
similar device or feature not structurally essential to the building;
"building line" means a line, other than a parcel line, used to regulate the location of a
building or structure in relationship to the abutting street(s);
"carriageway" means that portion of the road right-of-way available for vehicular
movement. Included are travelling lanes, medians, parking and other auxiliary lanes.
Not included are ditches, sidewalks and other pedestrian areas;
"caveat" means a formal notice expressing an interest in a parcel registered at Land
Titles Office against the title to that parcel;
"cellar" means a portion of a structure which is mainly underground, and which has less
than fifty (50) percent of the distance, between the floor level and the underside of the
ceiling joists, above adjacent ground elevation;
"commission" means the Municipal Planning Commission;
"Council" means the Council of the Summer Village of Half Moon Bay;
"decorative pond" means a man-made enclosed body of water for ornamental
purposes, which may include vegetation and fish;
"detached dwelling" means a residential building containing one (1) dwelling unit
and everything physically attached to said dwelling unit (e.g. breezeways and attached
garages), which is physically separate from any other residential building, and does not
include a manufactured dwelling unit;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
"development" means:
(a)
An excavation or stockpile and the creation of either of them; or
(b)
A building or an addition to, or replacement or repair of a building and
the construction or placing in, on, over or under land of any of them; or
(c)
A change of use of land or a building or an act done in relation to land or
a building that results in or is likely to result in a change in the use of the
land or building; or
(d)
A change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a
change in the intensity of use of the land or building;
"Development Authority" means the person or persons appointed as the
Development Authority pursuant to Development Authority Bylaw No. 70-95;
"Development Officer" means the person(s) appointed to the office established by this
bylaw;
"Development Permit(s)" means a document authorizing a development issued
pursuant to this Land Use Bylaw;
"discretionary use" means a use which may be compatible with other uses in the
district, for which a Development Permit may be issued upon an application having
been made;
"district(s)" means a land use district;
"drainage ditch(s)" means a long narrow trench or furrow dug in the ground to
accommodate over-land drainage;
"driveway" means a vehicle access route between the carriageway of a public road
and a use on parcel;
"dwelling unit(s)" means a complete building or self-contained portion of a building
for the use of one (1) or more individuals living as a single housekeeping unit, containing
sleeping, cooking and separate toilet facilities intended as a residence not separated
from direct access to the outside by another separate or self-contained set or suite of
rooms;
"escarpment" means a long steep slope or cliff at the edge of a ridge which is usually
formed by erosion;
"facia sign" means a sign attached to, marked or inscribed on and parallel to the face
of a building wall but does not include a billboard;
"fence(s)" means a physical barrier constructed from typical building material for the
purpose of providing privacy and/or preventing unauthorized access;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
"finished ground elevation" means the elevation of the finished ground at any point
adjoining each exterior wall of a building or structure;
"flankage yard" means the side yard which abuts a street on a corner parcel;
"floor area" means the total area of the floor(s) in a building measured from the
outside of exterior walls and does not include basements, cellars, attached garages,
carports, or open porches;
"freestanding sign" means a sign that is supported independently of a building wall or
structure but does not include a portable sign;
"front parcel boundary" means, in the case of an interior parcel not abutting the
Environmental Open Space District, the boundary which abuts a street and in the case
of a corner parcel not abutting the Environmental Open Space, the shorter of the two
(2) boundaries which abut a street;
"front yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting
the lake, a yard extending across the full width of a parcel measured
perpendicularly from the boundary of the parcel abutting the
Environmental Open Space District to the front wall of the main building,
situated on the parcel; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the front parcel boundary of the parcel
to the front wall of the main building situated on the parcel;
"grade" means the ground elevation established for the purpose of determining
building height. In determining grade, the Development Authority shall select from
the following methodologies, whichever one best ensures compatibility with neighbouring
developments:
(a)
If the applicant can show by reference to reliable surveys that the pre-
development elevation of the subject parcel varies by no more than 1 m
in 30 lineal metres, the Development Authority may determine grade by
calculating the average of the highest and lowest elevation on the parcel;
or
(b)
The Development Authority may determine grade by calculating the
average of the pre-development elevations at the corners of the parcel
as shown on a reliable survey; or
(c)
The Development Authority may determine grade by calculating the
average elevation of the corners of the main buildings on all properties
abutting the subject parcel;
"guest house" means an accessory building containing sleeping facilities for
temporary usage only and may have a bathroom, but shall not have a kitchen or other
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
cooking facilities. A guest house provides overflow accommodation for a detached
dwelling located on the same parcel, is not available for rent by a third party, and does
not include recreational vehicles and sea cans;
"hard landscaped area(s)" means the use of non-vegetative material, such as but not
limited to monolithic concrete or asphalt;
"holding tank" means a tank that complies with the provisions of the Safety Codes Act
and the regulations there under and designed to retain sewage or effluent until
transferred into mobile equipment for disposal;
"home occupation" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the
building;
"landscaped area" means an area of land made attractive and desirable by the use of
any or all of the following: grass, trees, shrubs, ornamental plantings, fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage
containers, storage, parking lots or driveways;
"Land Use Bylaw" means Bylaw No. 123/13, and amendments thereto;
"land use district(s)" means an area as described in Part Four: Land Use District
Regulations and shown in Schedule A: Land Use District Map of this Land Use Bylaw;
"lane" means a public thoroughfare which provides a secondary means of access to a
parcel or parcels and which is registered in a Land Titles Office;
"main building" means a building in which is conducted the main or principal use of
the parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured dwelling unit(s)" means a factory constructed dwelling unit,
relocatable singly or in multiple modules;
"mechanized excavation, stripping and grading" means the use of motorized
equipment to remove, relocate or stockpile soil or vegetation in excess of normal
landscape maintenance requirements;
"municipality" means the Summer Village of Half Moon Bay;
"Municipal Government Act or MGA" means the Municipal Government Act,
Chapter M-26.1, Statutes of Alberta 1994, and amendments thereto;
"Municipal Planning Commission or MPC" means a commission established by the
Municipal Planning Commission Bylaw No 121-12, as amended;
"natural environment preservation area" means an area that is to be preserved
because it is unsuitable in its natural state for development and/or areas that are
desirable to be kept in their natural state;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
"non-conforming building" means a building:
(a)
That is lawfully constructed or lawfully under construction at the date this
Land Use Bylaw or any amendment thereof affecting the building or
land on which the building is situated becomes effective; and
(b)
That on the date this Land Use Bylaw or any amendment thereof
becomes effective does not, or when constructed will not, comply with the
Land Use Bylaw;
"non-conforming use" means a lawful specific use:
(a)
Being made of land or a building or intended to be made of a building
lawfully under construction at the date that this Land Use Bylaw affecting
the land or building becomes effective; and
(b)
That on the date the Land Use Bylaw becomes effective does not, or in
the case of a building under construction will not, comply with the Land
Use Bylaw;
"outdoor storage and display" means the storage or display of equipment, goods or
materials in the open air;
"parcel(s)" 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(s), corner" means a parcel abutting two (2) or more streets, other than a lane,
at their intersection or abutting two (2) parts of the same street forming an interior angle of
less than one hundred and thirty-five (135) degrees;
"parcel coverage" means the total percentage of the parcel area covered by buildings
or structures, including but not limited to the main building and any additions to it (e.g.
covered decks), hard-surfaced parking facilities, driveways, outdoor storage and
display areas, hard landscaped areas and all other impervious surfaces but does not
include steps, eaves, or similar projections permitted in this Land Use Bylaw;
"parcel(s), interior" means a parcel abutting only one (1) street other than a lane;
"park model recreational vehicles" means a recreational vehicle that conforms to
CAN/CSA-Z241 Series-92 and is used for seasonal or recreational accommodation only;
"parking facility" means a structure or an area providing for the parking of motor
vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery
and/or preservation for public recreation either active or passive;
"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;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
"portable sign" means a sign which is not in a permanently installed or affixed
position;
"private development" means any development carried out by an individual;
"private pool" means any outdoor private swimming pool or hot tub, whether above or
below the ground, containing water for the purpose of swimming, wading or immersion of
human beings;
"projection" means part of a building or its accessory structures which projects
beyond the main walls into the Yards;
"public and quasi-public use" means a use of land or a building for purposes of
public administration and service and shall also include a building for the purpose of
assembly, instruction, culture, recreation or other community activity;
"public utility or utilities" means a public utility as defined in the Municipal
Government Act;
"rear yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting
the lake, a yard extending across the full width of a parcel measured
perpendicularly from the rear wall of the main building situated on the
parcel to the boundary abutting the street; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the rear wall of the main building
situated on the parcel to the rear property boundary of the parcel (see
sketch in Part Three: Supplementary Regulations);
"recreation facilities" means a public building and grounds for community
entertainment, relaxation, social activity and other leisure needs;
"recreational vehicle" means a vehicle or a portable structure designed to be used as
temporary sleeping accommodation for travel and recreation purposes. Recreational
vehicles include, but are not limited to, motor homes, campers, holiday trailers, fifth
wheels and park model recreational vehicles. Recreational vehicles do not include
cottage models, mobile homes, manufactured dwelling units or stick built units;
"registered owner" means:
(a)
In the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land; or
(b)
In the case of any other land:
(i)
The purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered
8
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
against the certificate of title in the land and any assignee of the
purchaser's interest that is the subject of a caveat registered
against the certificate of title; or
(ii)
In the absence of a person described in paragraph (i), the person
registered under the Land Titles Act as the owner of the fee
simple estate in the land;
"removal of trees and/or shrubs" means the removal of trees and/or shrubs, or the
destruction thereof;
"reserve(s)" means a parcel of land owned and subject to the management of the
municipality and reserved for use as natural environment preservation areas,
walkways or parks and playgrounds separating areas used for different purposes,
and registered at the Land Titles Office as reserve, environmental reserve or municipal
reserve parcels;
"road(s) or roadway(s)" means land:
(a)
Shown as a road on a plan of survey that has been filed or registered in a
Land Titles Office; or
(b)
Used as a public road; and includes a bridge forming part of a public
road and any structure incidental to a public road;
"sea can(s)" means a shipping container, originally used or intended to be used for the
transportation of goods, not used as a moveable storage unit;
"screen or screening" means a fence, berm, hedge, wall or building used to separate
areas or functions which detract from the appearance of the street scene and the view
from the surrounding areas;
"setback(s)" means a distance additional to minimum yard requirements which may be
required on parcels adjacent to the roads;
"sight triangle(s)" means an area at the intersection of road in which all buildings,
fences, vegetation and finished ground elevations shall be less than 1 m (3.28 ft.) in
height above the average elevation of the carriageway, in order that vehicle operators
may see approaching vehicles in time to avoid collision;
"side yard(s)" means a yard extending from the front yard to the rear yard between
the side boundary of the parcel and the wall of main building thereon (see sketch in
Part Three: Supplementary Regulations);
"sign" means any word, letter, model, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction and its supporting structure;
"street(s)" means any category of road except a lane;
"structural alterations" means altering the main building components which support a
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
building;
"Subdivision and Development Appeal Board" means the board established
pursuant to the Municipal Government Act;
"temporary building" means a building without any foundation below grade and
includes a soft-sided or other structure designed to serve as a temporary garage,
storage shelter or greenhouse, but does not include an accessory building, or a guest
house;
"trails" means an area used for hiking, cross-country skiing or other forms of non-
motorized recreational travel;
"use(s)" means a building or an area of land and the function and activities therein or
thereon;
"utility building" means the building in which the proprietor of a utility:
(a)
Maintains its office(s); and/or
(b)
Maintains or houses equipment used in connection with the utility
and which is not a public utility right-of-way;
"walkway(s)" means a public right of way for use by pedestrians only, which is
registered at the Land Titles Office as a walkway or a reserve; and
"yard(s)" means an open space on the same site as a building and which is
unoccupied and unobstructed from the ground upward except as otherwise provided
herein.
All other words and expressions have the meaning respectively assigned to them in the
Municipal Government Act.
1.4
Establishment of the Development Officer
(1)
Council shall appoint one or more Development Officers who shall be
designated officers within the meaning of the Municipal Government
Act;
(2)
The Municipal Planning Commission may act in place of a
Development Officer;
(3)
The Development Officer shall perform such duties that are specified in
this Land Use Bylaw, including among other things:
(a)
Keeping and maintaining for the inspection of the public during all
reasonable hours, a copy of this Land Use Bylaw and all
amendments thereto; and
(b)
Keeping a register of all applications for development, including
10
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
the decisions thereon and the reasons therefore.
1.5
Municipal Planning Commission (MPC or Commission)
(1)
The Municipal Planning Commission:
(a)
Is authorized to act as the Development Authority in those
matters prescribed in this Bylaw and the Municipal Planning
Commission Bylaw No. 121-12;
(b)
Shall consider and if necessary state terms and conditions on any
other planning or development matter referred by the
Development Officer or Administration;
(c)
May direct the Development Officer or Administration to review,
research or make recommendations on any other planning and
development matter; and
(d)
Make recommendations to Council on planning and
development matters.
1.6
Establishment of Forms
(1)
For the purpose of administering the provisions of this Land Use Bylaw,
the Council shall, by resolution, authorize the preparation and the use of
such forms and notices as it may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of
this Land Use Bylaw in the execution of the purpose for which they were
designed, authorized and issued.
1.7
Establishment of Fees
Development Permit application fees and fees for other matters arising through
this Land Use Bylaw will be established by resolution of Council. Council may
at any time by resolution increase, decrease or establish new fees for matters
covered in this Bylaw.
1.8
Establishment of Supplementary Regulations
Supplementary Regulations as set forth in Part Three hereto, are hereby adopted
by reference to be part of this Land Use Bylaw, and to be amended in the same
manner as any other part of this Land Use Bylaw.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
1.9
Establishment of Land Use District Regulations
Land use district regulations as set forth in Part Four hereto, are hereby
adopted by reference to be part of this Land Use Bylaw, and to be amended in
the same manner as any other part of this Land Use Bylaw.
1.10
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the municipality is divided into
the following Districts:
Lakeshore Residential (R1)
Environmental Open Space District (EOS)
(2)
The boundaries of the districts listed in subsection (1) are as delineated
on Schedule A: Land Use District Map. All roads, water courses and
lakes are excluded from the land use districts.
(3)
Where the location of district boundaries on Schedule A: Land Use
District Map is not clearly understood, the following rules shall apply;
(a)
A boundary shown as approximately following a parcel boundary
shall be deemed to follow the parcel boundary;
(b)
A boundary which does not follow a parcel boundary shall be
located by measurement of Schedule A: Land Use District Map;
and
(c)
A boundary location which cannot be satisfactorily resolved, shall
be referred to Council for an official interpretation.
1.11
Amendment of the Land Use Bylaw
(1)
Council on its own initiative may give first reading to a bylaw to amend
this Land Use Bylaw.
(2)
A person may make application to the Development Officer for
amendment to this Land Use Bylaw. The application shall include:
(a)
A statement of the specific amendment requested;
(b)
The purpose and reasons for the application;
(c)
If the application is for a change of district, the legal description of
the lands, or a plan showing the location and dimensions of the
lands;
(d)
The applicant's interest in the lands; and
(e)
An application fee to be established by resolution of Council.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(3)
If the amendment is for the redesignation of land, the Development
Officer may require:
(a)
An outline plan for the area to be redesignated, to the level of
detail specified by the Development Officer; and
(b)
Payment of a fee equal to the costs incurred by the municipality
to review the proposed redesignation and/or related outline plan,
or if necessary to prepare an outline plan.
(4)
Upon receipt of an application to amend this Land Use Bylaw, the
Development Officer shall analyze the potential impacts of
development that would result from the proposed amendment. This
analysis must consider the full development potential for the proposed
amendment and shall, among other things, consider the following impact
criteria:
(a)
Relationship to and compliance with approved statutory plans and
Council policies;
(b)
Relationship to and compliance with statutory plans or outline
plans in preparation;
(c)
Relationship to and compliance with the Sylvan Lake
Management Plan;
(d)
Compatibility with surrounding development in terms of land use
function and scale of development;
(e)
Traffic impacts;
(f)
Relationship to, or impacts on, water and sewage systems, and
other public utilities and facilities such as recreation facilities
and schools;
(g)
Relationship to municipal land, right-of-way or easement
requirements;
(h)
Effect on stability, retention and rehabilitation of desirable existing
land uses, buildings, or both in the area;
(i)
Necessity and appropriateness of the proposed amendment in
view of the stated intentions of the applicant; and
(j)
Relationship to the documented concerns and opinions of area
residents regarding development implications.
(5)
Upon receipt of an application for amendment to this Land Use Bylaw,
the Development Officer shall determine when the application will be
placed before Council and shall issue not less than five (5) days notice to
the applicant advising that he or she may appear before Council at that
time, and speak to the application. An application for amendment shall
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
be placed before Council within sixty (60) days of its receipt by the
Development Officer.
(6)
Council, in considering an application for an amendment to this Land
Use Bylaw, may at its sole discretion:
(a)
Refuse the application; or
(b)
Refer the application for further information; or
(c)
Pass first reading to a bylaw to amend this Land Use Bylaw, with
or without conditions or amendments; or
(d)
Defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
Pass first reading of an alternative amendment to this Land Use
Bylaw, with or without conditions.
(7)
Following first reading of an amending bylaw, Council shall
(a)
Establish the date, time and place for a public hearing on the
proposed bylaw;
(b)
If a bylaw to establish procedures for public hearings has not been
passed:
(i)
Outline the procedures to be followed by any person,
group of persons or person representing them who wish to
be heard at the public hearing, and
(ii)
Outline the procedure for conducting the public hearing.
(8)
Following first reading of an amending bylaw, the Development Officer
must give notice of the public hearing by:
(a)
Publishing notice at least once a week for two (2) consecutive
weeks in at least one (1) newspaper or other publication
circulating in the area to which the proposed bylaw relates; or
(b)
Mailing or delivering notice to every residence in the area to which
the proposed bylaw relates.
(9)
A notice of a public hearing must be advertised at least five (5) days
before the public hearing occurs.
(10)
A notice must contain:
(a)
A statement of the general purpose of the proposed bylaw and
public hearing;
(b)
The address where a copy of the proposed bylaw and any
document relating to it or the public hearing may be inspected;
and
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(c)
The date, place and time where the public hearing will be held.
(11)
In the case of an amendment to change the district designation of a
parcel of land, the Development Officer must, in addition to the
requirements of subsection (8),
(a)
Include in the notice:
(i)
The municipal address, if any, and the legal address of the
parcel of land; and
(ii)
A map showing the location of the parcel of land;
(b)
Give written notice containing the information described in clause
(a) and subsection (10) to the owner of that parcel of land at the
name and address shown on the certificate of title of the municipal
tax roll; and
(c)
Give written notice containing the information described in clause
(a) and subsection (10) to each owner of adjacent land at the
name and address shown for each owner on the tax roll of the
municipality.
(12)
If the land referred to in subsection (11)(c) is in an adjacent municipality,
the written notice must be given to that municipality and to each owner of
adjacent land at the name and address shown for each owner on the tax
roll of that municipality.
(13)
Notwithstanding subsection (7), the Land Use Bylaw may be amended
without giving notice or holding a public hearing if the amendment
corrects clerical, technical, grammatical or typographical errors and does
not materially affect the Land Use Bylaw in principle or substance.
(14)
In the public hearing, Council:
(a)
Must hear any person, group of persons, or person representing
them, who claim(s) to be affected by the proposed bylaw and who
has complied with the procedures outlined by Council; and
(b)
May hear any other person who wishes to make representations
and whom the Council agrees to hear.
(15)
After considering the representations made to it about the proposed bylaw
at the public hearing and after considering any other matter it considers
appropriate, Council may:
(a)
Pass the bylaw;
(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.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(16)
Prior to third reading of the proposed bylaw, Council may require the
applicant to apply for a Development Permit and negotiate a
development agreement in respect of the proposal which initiated the
application for amendment.
(17)
After third reading of the proposed bylaw, the Development Officer shall
send a copy of it to:
(a)
The applicant;
(b)
The registered owner of the land if not the applicant;
(c)
The municipality Planner; and
(d)
The adjacent municipality, if it received a copy of the proposed
Bylaw pursuant to subsection (12).
(18)
The Development Officer shall not accept an application for an
amendment which is identical or similar to an application which was
refused by Council, for a period of three (3) months after the date of the
refusal unless, in the opinion of the Development Officer, the reasons
for refusal have been adequately addressed or the circumstances of the
application have changed significantly.
1.12 Sections Found Invalid
If one or more provisions of this Land Use Bylaw for any reason are declared to
be invalid, it is intended that all remaining provisions are to remain in full force
and effect.
1.13
Repeal
Land Use Bylaw 42/87 and all amendments thereto are hereby repealed.
READ A FIRST TIME the 27th day of May, 2013
READ A SECOND TIME the 12th day of August, 2013
READ AND THIRD TIME and finally passed this 12th day of August, 2013
_
_
_
Mayor
Administrator
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION &
APPEAL
2.1
Purpose of Development Permits
Development Permits are required to ensure that all development is achieved
in an orderly manner.
2.2
Development Not Requiring a Development Permit
All development undertaken in the municipality requires an approved
Development Permit prior to commencement, except:
(1)
Amended by Bylaw #131/16: The carrying out of works of improvement,
maintenance, repairs or renovation to any, but not limited to, building,
deck, driveway provided that such works do not include structural
alterations, additions, or drainage alterations and that the works comply
with the regulations of this Land Use Bylaw;
(2)
The completion of any development which has lawfully commenced
before the passage of this Land Use Bylaw or any amendment thereof,
provided that the development is completed in accordance with the
terms of any permit granted in respect of it, and provided that it is
completed within twelve (12) months of the date of commencement;
(3)
The use of any such development as is referred to in subsection (2) for
the purpose for which development was commenced;
(4)
The erection or construction of gates, fences, walls or other means of
enclosures less than 1 m (3.28 ft.) in height in front yards and less than
2 m (6.56 ft.) in other yards, and the maintenance, improvement and
other alterations of any gates, fences, or walls or other means of
enclosure;
(5)
A temporary building other than a dwelling unit, the sole purpose of
which is incidental to the carrying out of a development for which a
permit has been issued under this Land Use Bylaw;
(6)
The installation, maintenance and repair of public utilities;
(a)
For the maintenance of private sewer systems that can be
undertaken without excavation of all or part of the system.
(7)
Any development carried out by or on behalf of the Crown;
(8)
Any development carried out by or on behalf of the municipality
provided that such development complies with all applicable provisions
of this Land Use Bylaw;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(9)
Any accessory building with a floor area of 11.15 m² (120 ft²) or less
and height of 2.50 m (8.20 ft.) or less, including garden or tool sheds,
workshops, potting sheds and other similar structures provided that they
are moveable and provided they otherwise comply with the provisions of
Sections 1.1(1) and in Part Three: Supplementary Regulations of this
Land Use Bylaw;
(10)
Development specified in Section 618 (1) and (4) of the Municipal
Government Act, which includes:
(a)
A highway or road;
(b)
A well or battery within the meaning of the Oil and Gas
Conservation Act;
(c)
A pipeline or an installation or structure incidental to the operation
of a pipeline; or
(d)
Any other thing specified by the Lieutenant Governor in Council by
regulation, which includes but is not limited to construction of
buildings or the construction or installation of equipment,
navigational aids, and communications systems for use in
connection with the operation of airports owned by or on land
vested in the Crown in right of Canada, the Crown in right of
Alberta, or a municipal corporation;
(11)
The erection of one (1) unilluminated sign of the following nature and size
for each use within a building or on a parcel, provided such signs do
not resemble or conflict with traffic signs;
(a)
A facia sign or a freestanding sign for the purpose of
identification, direction and warning not exceeding 0.20 m² (2.15
ft²);
(b)
A facia sign or a freestanding sign relating to a person,
partnership or company carrying on a profession, business or
trade not exceeding 0.30 m2 (3.23 ft2);
(c)
A facia sign or a freestanding sign relating to a religious,
educational, cultural, recreational or similar institution not
exceeding 1 m2 (10.76 ft2);
(d)
A portable sign or notice, relating to the sale or lease of land or
buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a
religious, educational, cultural, political, or governmental nature
not exceeding 3 m² (32.29 ft²) and limited in display to the period
of completion of the sale, lease, construction or event; and
(e)
A flag attached to a single upright flag-pole;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(12)
The open storage of the boat hoists, piers and rafts of the municipality's
seasonal and permanent residents, during the off-season and at the
resident's risk, on land owned by the municipality and in areas as may
be designated by the Council.
2.3
Permission for Development
(1)
An application for a Development Permit shall be made to the
Development Officer in writing on the form prescribed by Council and
shall be accompanied by:
(a)
A scaled site plan in duplicate showing proposed landscaped
areas if required, the legal description, the front yard, rear yard,
and side yards, if any; any provision for off-street loading and
vehicle parking and access and egress points to the parcel;
(b)
Confirmation from the Energy Resources Conservation Board
identifying the presence or absence of abandoned wells;
(c)
All scaled floor plans (including basements), elevations (including
basement), sections, storm water disposal plans and existing and
proposed grade elevations, sewage treatment and water supply
details, in duplicate;
(d)
A surveyor's certificate specifying the location of any buildings on
the parcel or, in the case of undeveloped parcels, indicating the
posting of the parcel boundaries;
(e)
A statement of existing and proposed uses;
(f)
A statement of registered ownership of land and interest of the
applicant therein together with a copy of the Certificate of Title
indicating ownership and encumbrances;
(g)
If the proposed development is for a detached dwelling, the
application shall also include a copy of the private wastewater
disposal permit issued by an accredited agency approving the
proposed method of wastewater treatment and disposal for the
development;
(h)
If the proposed development is for an addition to a detached
dwelling or a guest house with a washroom, the application shall
include confirmation from a plumbing safety codes officer that the
existing private wastewater disposal system is adequate for the
proposed development;
(i)
The estimated commencement and completion dates;
(j)
The estimated cost of the project or contract price; and
(k)
Such other plans and information as the Development Authority
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
may consider necessary to properly evaluate the proposed
development.
(2)
At the sole discretion of the Development Officer, an application for
Development Permit may be required to be accompanied by:
(a)
A geotechnical report, assessment or investigation prepared by a
qualified geotechnical engineering for any proposed
development, redevelopment, clearing or grading, excavation or
adding fill within escarpment areas having ten (10) percent or
greater slopes. The proposed development plan must show
slope setback distances, cross-sections of the slope area both
before and after development and final grading. The height and
existing angle of the slope shall be verified by accurate historical
survey data or site specific information completed by a qualified
surveyor;
(b)
A geotechnical report, prepared by a qualified geotechnical
engineer, outlining seasonally adjusted and recommended water
tables, location of on-site storage of sewage, and recommended
building foundations, basement construction and soil bearing
capabilities;
(c)
A visual impact assessment prepared by a qualified professional
that assesses the impact of new development on view corridors
and provides mitigation steps;
(d)
An environmental review prepared by a qualified professional,
which shall include but is not limited to:
(i)
A description of the environmental sensitivity of the lands
proposed for development and the surrounding area;
(ii)
The identification of the nature and significance of any
adverse impacts associated with the proposed
development during construction;
(iii)
The identification of the nature and significance of any
adverse impacts associated with activities that will result
from the development; and
(iv)
The inclusion of an environmental protection plan to:
A.
Alleviate any adverse impacts;
B.
Monitor the performance of the environmental
measures; and
C.
Identify any residual impacts and their significance on
any or all of the following: fish and wildlife, vegetation,
soils and terrain, water quantity and quality, shoreline,
surface drainage and aquifers.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(3)
If the intended development will involve the removal of trees and/or
shrubs, the Development Permit application shall also include:
(a)
A plan showing the existing trees and/or shrubs and identification
of the trees and/or shrubs to be removed;
(b)
A statement on why the trees and/or shrubs are proposed to be
removed;
(c)
Details outlining the measures that will be taken to ensure the
integrity of trees and/or shrubs adjacent to those proposed to be
removed is not compromised; and
(d)
A statement may be required, at the discretion of the
Development Officer, from a qualified environmental specialist or
another qualified professional assessing the implications of tree
and/or shrub removal will have on Sylvan Lake water quality,
habitat and slope stability if applicable.
(4)
The Development Authority may refuse to accept an application for
Development Permit where the information required by subsections
2.3(1), 2.3(2) and/or 2.3(3) has not been supplied or where, in the opinion
of the Development Authority, the quality of the material supplied is
inadequate to properly evaluate the application.
(5)
The Development Authority may deal with an application and make a
decision without all of the information required by subsections 2.3(1),
2.3(2) and/or 2.3(3), if it is the opinion of the Development Authority that
a decision on the application can be properly made without such
information.
(6)
Each application for a Development Permit shall be accompanied by a
non-returnable processing fee, the amount of which shall be determined
from time to time by resolution of Council.
(7)
The Development Officer shall:
(a)
Receive all applications for a Development Permit;
(b)
Refer all applications for development which would result in
permanent overnight accommodation, including dwelling units, or
public facilities to the Energy Resources Conversation Board, if
any of the land which is the subject of the application is within 1.50
km (0.93 miles) of a sour gas facility and the proposed
Development is not, in the opinion of the Development Authority,
an infill development;
(c)
Refer any application to an adjacent municipality or any other
agency or person which in his opinion may provide relevant
comments or advice respecting the application;
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(d)
Consider and decide on applications for Development Permit
which meet the standards of this Land Use Bylaw for permitted
uses; and
(e)
Refer with his/her recommendations, to the Municipal Planning
Commission for its consideration and decision on all other
applications for a Development Permit.
(8)
For a permitted use in any district:
(a)
The Development Officer shall approve, with or without
conditions, an application for a Development Permit where the
proposed development conforms in every respect to this Land
Use Bylaw, the Municipal Government Act, Subdivision and
Development Regulations, approved statutory plans, and the
Sylvan Lake Management Plan; or
(b)
Subject to the provisions of section 2.4(2), the Development
Officer shall refuse an application for a Development Permit if
the proposed development does not conform in every respect to
this Land Use Bylaw;
(c)
If an application for a Development Permit for a permitted use
does not conform to the requirements of this Land Use Bylaw,
the Municipal Government Act and Subdivision and
Development Regulations, approved statutory plans, and the
Sylvan Lake Management Plan, the Development Authority:
(i)
May refuse the application giving reasons for the refusal;
or
(ii)
May approve the application subject to conditions to
ensure that the application conforms to the requirements of
the Land Use Bylaw, the Municipal Government Act and
the Subdivision and Development Regulation, approved
statutory plans, and the Sylvan Lake Management Plan; or
(iii)
May approve the application pursuant to section 640(6).
(9)
For a discretionary use in any district:
(a)
The Municipal Planning Commission may approve an
application for a Development Permit:
(i)
With or without conditions;
(ii)
Based on the merits of the proposed development,
including its relationship to any approved statutory plan,
non-statutory plan or approved policy affecting the site;
(iii)
Where the proposed development conforms in every
respect to this Land Use Bylaw; or
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(b)
The Municipal Planning Commission may refuse an application
for a Development Permit based on the merits of the proposed
development, even though it meets the requirements of this Land
Use Bylaw; or
(c)
Subject to the provisions of section 2.4(2) the Municipal Planning
Commission shall refuse an application for a Development
Permit if the proposed development does not conform in every
respect to this Land Use Bylaw.
(10) The Development Authority may require with respect to a development
that, as a condition of issuing a Development Permit, the applicant:
(a)
Submit a surveyor's certificate specifying the location of the
completed development on the parcel; and
(b)
Enter into an agreement with the municipality to do all or any of
the following:
(i)
To construct or pay for the construction of a road required
to give access to the development;
(ii)
To construct or pay for the construction of pedestrian
walkway systems;
(iii)
To install or pay for the installation of Utilities that is
necessary to serve the development;
(iv)
To construct or pay for the construction of off-street or
other parking facilities, loading and unloading facilities;
(v)
To pay an off-site levy or redevelopment levy imposed by
Bylaw;
(vi)
To be responsible for the repair of any damage to the
municipality's lands and works including but not
necessarily confined to roads, drainage courses, trees and
fences; and
(vii)
To give security to ensure that the terms of the agreement
under this section are carried out;
(c)
To pay to the municipality the costs paid by the municipality to
any engineer or any other person for materials testing,
inspections, monitoring of construction, review of construction
drawings, and legal costs and expenses to which the
municipality is put in connection with the development
agreement and agreement relates;
(d)
To whom a Development Permit has been issued shall obtain,
where applicable, from the appropriate authority, permits relating
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
to building, electricity, gas, plumbing and sewage disposal, and all
other permits required in connection with the proposed
development;
(e)
Shall be financially responsible during construction for any
damage caused by the applicant, his/her servants, employees,
suppliers, agents or contractors to any public or private property;
and
(f)
Confirm that arrangements for sewage disposal have been made.
(11)
Prior to imposing any condition upon the issue of a Development Permit
pursuant to section (9), the Development Authority shall consult with
Council as may be required in the circumstances and shall specify the
terms and content of the agreement in the condition in the Development
Permit.
(12)
In the case where an application for a Development Permit has been
refused pursuant to this Part or ultimately after appeal, the submission of
another application for a permit on the same parcel and for the same or
similar use of land by the same or any other applicant may not be
accepted by the Development Authority for at least six (6) months after
the date of the final decision unless in the opinion of the Development
Authority the reasons for refusal have been adequately addressed or the
circumstances of the application have changed significantly.
2.4
Variances
(1)
The Municipal Planning Commission may grant a variance to reduce
the requirements of any use of the Land Use Bylaw and that use will be
deemed to comply with this bylaw.
(2)
The Development Authority may approve an application for
Development Permit even though the proposed development does not
comply with this bylaw or is a non-conforming building if, in the opinion
of the Development Authority;
(a)
The proposed development would not:
(i)
Unduly interfere with the amenities of the neighbourhood;
or
(ii)
Materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land;
And
(b)
The proposed development conforms with the use prescribed for
that land or building in this bylaw.
(3)
In approving an application for development pursuant to subsections
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(2)(a) and (2)(b) , the Development Officer 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;
(i)
Except as otherwise provided in this bylaw, there shall be
no variance from the following:
A.
Parcel coverage; and
B.
Building height;
(b)
Where a variance is granted, the nature of the approved variance
shall be specifically described in the Development Permit
approval.
(c)
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.
2.5
Development Permits and Notices
(1)
A Development Permit issued pursuant to this Part does not come into
effect until fourteen (14) days after the date on which notice of issuance
of the permit is given under subsection 4(a) or (b) 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 ordinary mail, whichever last
occurs. Any development proceeded with the applicant prior to the
expiry of this period is done solely at the risk of the applicant.
(2)
The date of issue of any permit shall be the date of notification pursuant
to subsection (4).
(3)
Where an appeal is made pursuant to section 2.6 of this Part, a
Development Permit which has been issued shall not come into effect
until the appeal has been determined and the permit may be modified or
nullified thereby.
(4)
On the same date a Development Permit is issued, the Development
Authority shall publicize a notice of the issuance of the permit in the form
described as follows:
(a)
For a discretionary use:
(i)
Mail a notice of the decision to all persons whose use,
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
enjoyment or value of property may, in the opinion of the
Development Authority, be affected; and
(ii)
Post a notice of the decision conspicuously on the property
for which the application has been made;
(b)
For a permitted use:
(i)
Post a notice of the decision conspicuously on the property
for which the application has been made.
(5)
If the development authorized by a permit is not commenced within
twelve (12) months from the date of its issue, or the date of decision of
the Subdivision and Development Appeal Board upon appeal, nor
carried out with reasonable diligence as determined by the Development
Authority, the permit ceases to be effective, unless an extension to this
period, being no longer than an additional twelve (12) months, has
previously been granted by the Development Authority.
(6)
The exterior of any building shall be completed within twelve (12) months
and the landscaping of the parcel shall be completed within two (2) years
of the date of issue of the permit.
(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 or
hand delivered to the applicant.
(8)
When the Development Authority refuses an application for a
Development Permit, the decision shall contain reasons for the refusal.
2.6
Appealing a Decision
(1)
The applicant for a Development Permit may appeal to the Subdivision
and Development Appeal Board if the Development Authority:
(a)
Refuses or fails to make a decision on a Development Permit
within forty (40) days of receipt of a completed application or
within any extension granted by the applicant under section 684 of
the Municipal Government Act; or
(b)
Issues a Development Permit subject to conditions.
(2)
In addition to the applicant, any person affected by a Development
Permit or the decision on it, may appeal to the Subdivision and
Development Appeal Board.
(3)
Notwithstanding Sections 2.6 (1) and (2), no appeal lies in respect of the
issuance of a Development Permit for a permitted use unless the
provisions of this bylaw are relaxed, varied or misinterpreted.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(4)
An appeal by an applicant must be commenced within fourteen (14) days
of the notification of the decision or when the forty (40) day period or any
time extension expires. An appeal by any other affected person must be
made within fourteen (14) days of the notice of the issuance of the permit
was given.
2.7
The Appeal Process
(1)
The Subdivision and Development Appeal Board must hold an appeal
hearing within thirty (30) day after receipt of a notice of appeal.
(2)
The Subdivision and Development Appeal Board must give at least
five (5) day's notice in writing of the hearing:
(a)
To the appellant;
(b)
To the Development Authority whose order, decision or
Development Permit is the subject of the appeal; and
(c)
To those owners required to be notified under the Land Use
Bylaw and any other person that the Subdivision and
Development Appeal Board considers to be affected by the
appeal and should be notified.
(3)
In subsection (2)(c), "owners" means the person(s) shown as the owner
of land on the certificate of title or the tax roll of the municipality.
(4)
The Subdivision and Development Appeal Board must make available
for public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal including:
(a)
The application for the Development Permit, the decision and the
notice of appeal; or
(b)
An order issued pursuant to Section 645 of the Municipal
Government Act.
(5)
The Subdivision and Development Appeal Board shall hold a hearing,
consider, and make and issue a decision on an appeal pursuant to the
provisions of Sections 686 and 687 of the Municipal Government Act.
(6)
The decision of the Subdivision and Development Appeal Board is
binding except on a question of jurisdiction or law, in which case the
appellant may appeal to the Court of Appeal pursuant to the provisions of
Section 688 of the Municipal Government Act.
2.8
Cancellation
The Development Authority may cancel a Development Permit if:
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(1)
The permit was issued in error; or
(2)
The permit was issued on the basis of incorrect information.
2.9
Compliance with other Legislation
(1)
Compliance with the requirements of this Land Use Bylaw does not
exempt any person from:
(a)
The requirements of any federal, provincial or municipal
legislation; and
(b)
Complying with any easement, covenant, agreement or contract
affecting the development.
2.10
Contravention and Enforcement
(1)
The provisions of this bylaw may be enforced by way of stop order,
injunction or such other relief as may be available under the Municipal
Government Act, including the following:
(a)
Where the Development Officer finds that a development or
use of land or building is not in accordance with Part 17 of the
Municipal Government Act, this Land Use Bylaw, the
Subdivision and Development Regulation, a Development Permit
or subdivision approval, the Development Officer may, by notice
in writing, order the registered owner, the person in possession
of the land or buildings or the person responsible for the
contravention or all or any of them to:
(i)
Stop the development or use of the land or building in
whole or in part as directed by the notice; or
(ii)
Demolish, remove or replace the development; or
(iii)
Carry out any other actions required by the notice so that
the development or use of the land or building complies
with Part 17 of the Municipal Government Act, the
Subdivision and Development Regulation, this Land Use
Bylaw, a Development Permit or subdivision approval;
within the time set out in the notice.
(b)
Any person who receives an order under subsection (1) may
appeal to the Subdivision and Development Appeal Board
pursuant to this Land Use Bylaw.
(c)
The municipality may register a caveat under the Land Titles Act
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
in respect of an order referred to in subsection (1) against the
certificate of title for the land that is the subject of the order. A
caveat registered under this subsection must be discharged once
the order has been complied with.
(d)
Where a person fails or refuses to comply with an order directed
to him/her under subsection (1) or an order of the Subdivision
and Development Appeal Board under the Municipal
Government Act within the time specified, the municipality may
seek a court order from the Court of Queen's Bench for any or all
of the following:
(i)
A declaration that the person who received an order is in
breach of the Land Use Bylaw, an order issued under the
Land Use Bylaw and/or the Subdivision and
Development Appeal Board's decision relating to an
appeal of an order;
(ii)
An injunction ordering the person who received an order
referred to in subsection (1) to comply with the Land Use
Bylaw within a certain period of time;
(iii)
An order providing that, if compliance has not been
achieved within the period stated in the court order, that
the municipality or persons appointed by it has the right to
enter upon the land and building and take steps
necessary to achieve compliance with the Land Use
Bylaw;
(iv)
An order that legal costs and the costs to achieve
compliance incurred by the municipality can be added to
the tax roll for the land that is the subject of the court order;
(v)
A provision that the court order may be registered against
the certificate of title for the land that is the subject of the
court order and discharged only on full compliance with the
court order.
(e)
Where a person fails or refuses to comply with an order directed
to him/her under subsection (1) or an order of the Subdivision
and Development Appeal Board under the Municipal
Government Act within the time specified, Council or persons
appointed by it may, in accordance with the Municipal
Government Act, enter upon the land or building and take such
action as is necessary to carry out the order.
(f)
Where Council or persons appointed by it carries out an order,
Council shall cause the costs and expenses incurred in carrying
out the order to be placed on the tax roll of the property that is
subject of the order.
(2)
The Development Officer may inspect premises in accordance with the
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
provisions of the Municipal Government Act where there are reasonable
grounds to believe that the premises are being used in contravention of
this bylaw. Without limiting the generality of the foregoing, such reasonable
grounds would include:
(a)
Complaints from the public that the premises are being used
contrary to the bylaw;
(b)
The observations of the Development Officer that there is
excessive traffic, parking problems, accumulated debris in a yard or
other apparent breach of this bylaw.
2.11
Offences and Penalties
(1)
A person who contravenes or does not comply with a provision of Division
5 of Part 13, or Part 17 of the Municipal Government Act, or this Land
Use Bylaw, or who obstructs or hinders any person in the exercise or
performance of their powers under Part 17 or regulations under Part 17 of
the Municipal Government Act, is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) is liable
upon summary conviction to a fine of not less than $250 and not more
than $10,000 or to imprisonment for not more than one (1) year, or to
both fine and imprisonment.
(3)
Development Permit applications submitted after site preparation or
construction has commenced may be subject to the increased fee
provisions described in the fee schedule adopted by Council resolution in
accordance with this Land Use Bylaw.
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PART THREE: SUPPLEMENTARY REGULATIONS
1.
Buildings
1(1)
Accessory Buildings
(a)
Subject to the provisions of subsections (b) and (c) of this section,
accessory buildings shall be sited having regard to their:
(i)
Environmental impact;
(ii)
Use;
(iii)
Accessibility; and
(iv)
Location in relation to other buildings on the parcel and the
future use and/or subdivision of the parcel.
(b)
An accessory building on a parcel abutting Sylvan Lake or a reserve
parcel abutting the lake shall be situated so that:
(i)
It is located within the minimum rear yard of any parcel;
(ii)
It is not closer to the front parcel boundary and the top of any
escarpment area or high water mark, as determined by the
Development Authority, than the front wall of the main building
or 15 m (49.21 ft.) whichever is the least; and
(iii)
On an interior parcel, a minimum of:
A. 1 m (3.28 ft.) from any side parcel boundary;
B. 6 m (19.69 ft.) from the rear parcel boundary; and
(iv)
On a corner parcel, are a minimum of:
A. 3 m (9.84 ft.) from any side boundary abutting a street, or a
reserve parcel;
B. 1 m (3.28 ft.) from the other side boundary; and
C. 6 m (19.69 ft.) from the rear parcel boundary.
(v)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the front or side boundary
common to two parcels provided the accessory building serves
the two abutting parcels.
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(c)
An accessory building on a parcel not abutting Sylvan Lake or a
reserve parcel abutting the lake shall be situated so that:
(i)
On an interior parcel, a minimum of:
A. 1 m (3.28 ft.) from the side parcel boundary;
B. 3 m (9.84 ft.) from the rear parcel boundary;
C. 6 m (19.69 ft.) from the front parcel boundary, and
(ii)
On a corner parcel, a minimum of:
A. 3 m (9.84 ft.) from the side boundary abutting the street;
B. 1 m (3.28 ft.) from the other side parcel boundary;
C. 6 m (19.69 ft.) from the front parcel boundary, and
D. 3 m (9.84 ft) from the rear parcel boundary.
(iii)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the rear or side boundary
common to two (2) parcels provided the accessory building
serves the two (2) abutting parcels.
(d)
Notwithstanding section 1(6)(b), an accessory building shall not be
more than 5 m (16.40 ft.) in height measured from grade.
(f)
An accessory building erected or placed on a parcel shall not be used
as a dwelling unit.
(g)
The exterior of an accessory building must be finished to match or
complement the exterior finish of the main building.
1(2)
Building Orientation and Design
The design, character and appearance of any building, or series of buildings,
structures or signs proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to the following:
(a)
Amenities such as daylight, sunlight and privacy;
(b)
The character of existing development in the district;
(c)
Impact of proposed development on adjacent parcels;
(d)
Crime Prevention Through Environmental Design (CPTED) principles to
discourage crime by reducing concealment opportunities, providing lighting
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
to minimize dark spaces, placing windows to maximize surveillance, and
easily identifiable addresses;
(e)
Proposed type of finish and use of building materials on all elevations and
the roof;
(f)
The exterior finish on all buildings shall be of permanent material
satisfactory to the Development Authority;
(g)
The roof pitch and width of the eaves;
(h)
The depth of the main building shall not be greater than three (3) times its
width;
(i)
The Development Authority may require additional building setbacks in
order to accommodate any local, area or natural drainage courses or over
land drainage issues. Surface drainage from one (1) lot may not be
directed onto or over an adjacent lot without approval of the Development
Authority.
1(3)
Relocation of Buildings
(a)
No Person shall:
(i)
Alter the location on a parcel of a building which has already been
constructed on that parcel; or
(ii)
Place on a parcel a building which is to be relocated or moved
from a different parcel or location;
unless a Development Permit has been issued by the Development
Authority.
(b)
In addition to the requirements of Section 2.3(1), the Development
Authority may require an application for a Development Permit to be
accompanied with:
(i)
Recent colour photographs showing all elevations of the building;
(ii)
A statement verifying the age, size and structural condition of the
building; and
(iii)
A statement of proposed improvements to the building.
(c)
An application for a Development Permit may be approved by the
Development Authority if the proposal meets all of the regulations
specified under the appropriate land use district in which it is proposed to
be located.
(d)
Where a Development Permit has been granted for the relocation of a
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
building either on the same parcel or from another location, the
Development Officer may require the applicant to provide a performance
bond of such amount to ensure completion of any renovations set out as a
condition of approval of a Development Permit.
(e)
All structural and exterior renovations shall be completed within one (1)
year of the issuance of a Development Permit.
1(4)
Amended by Bylaw #131/16: Number of Buildings on a Parcel
A Development Permit shall not be issued for more than:
(a)
One (1) main building on an unsubdivided parcel; and
(b)
Two (2) accessory buildings on an unsubdivided parcel.
1(5)
Building Demolition
An application to demolish a building shall not be approved without a statement
or plan which indicates:
(a)
How the operation will be carried out so as to create a minimum of dust or
other nuisances; and
(b)
The final reclamation of the parcel;
which is satisfactory to the Development Authority.
1(6)
Guest Houses
(a)
A maximum of one (1) guest house is allowed on a parcel; and
(b)
An accessory building with a guest house above a garage shall not
exceed 7.62 m (25 ft.) in height measured from grade;
(c)
In situations where a detached dwelling is being rented out and there is
a guest house on the parcel, the guest house shall not to be rented out
to a separate party other than those renting the detached dwelling.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
2.
Yards
2(1)
Yard Illustrations
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake:
2(2)
Projections Over Yards
(a) In the residential district the portion of and attachments to a main or
accessory building which may project over or on a minimum yard are:
(i)
Side Yards:
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
Any projection, including unenclosed steps or eaves, not
exceeding one-half of the minimum side yard required for the
building;
(ii)
Front Yard and Rear Yard:
(A)
Any projection not exceeding 2.50 m (8.20 ft.) over or on
a minimum front yard or rear yard;
(B)
Unenclosed decks, if they do not project more than fifty
(50) percent of the minimum yard;
(b)
No portion of a building other than eaves, signs or canopies may project
into a public or private right-of-way.
2(3)
Objects Prohibited or Restricted in Yards
(a)
No person shall allow a recreational vehicle or other object which is in a
dilapidated or unsightly condition, or a derelict vehicle to remain or be
parked on a parcel in the residential district, unless it is suitably housed
or screened to the satisfaction of the Development Authority.
(b)
A recreational vehicle parked on a parcel with a dwelling unit in the
residential district may be used for living and sleeping accommodation
only by:
(i)
Bona fide tourists for a maximum period of thirty (30) days per
annum; and
(ii)
The registered owner of the parcel, and his/her immediate
family, for a maximum of sixty (60) consecutive days following
the issue of a Development Permit which necessitates
temporary accommodation on the parcel. The Development
Authority may, at their sole discretion, allow one (1) extension of
this period, being no longer than an additional sixty (60) days.
(c)
A recreational vehicle shall not be parked on a vacant parcel except to
provide temporary accommodate for the registered owner of the parcel,
and his/her immediate family, for:
(i)
One period of a maximum of sixty (60) consecutive days
following the issue of a Development Permit for a dwelling unit
on the parcel, provided that provisions, satisfactory to the
Development Authority, have been made for the disposal of
sewage. The Development Authority may, at their sole
discretion, allow one (1) extension of this period, being no longer
than an additional sixty (60) days; and
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(ii)
Such other periods, not in excess of three (3) consecutive days
and a total of seven (7) days per annum, as may be approved by
the Development Authority to assist in the preparation of a
Development Permit application for the parcel.
(d)
No person shall allow a vehicle of more than 1,000 kg (2,204.62 lbs)
Gross Vehicle Weight to be parked or stored in residential districts,
except boats, boat trailers, school buses and recreational vehicles.
(e)
No person shall allow the parking or storage of a helicopter on a parcel.
2(4)
Laneless Subdivisions
(a)
In a laneless subdivision in the residential district, one side yard shall
not be less than:
(i)
1.50 m (4.92 ft.), in the case of a detached dwelling with
attached garage; or
(ii)
3 m (9.84 ft.), in the case of a detached dwelling without
attached garage.
3.1
Vehicles
3(1)
Driveways
(a)
The maximum width of a driveway shall be 10 m (32.80 ft.). Driveway
width shall be measured within the carriageway.
(b)
Driveways on corner parcels shall be setback from the street
intersection not less than 6 m (19.69 ft.) where the driveway serves not
more than four (4) dwelling units.
(c)
In the residential district, the number of driveways shall be limited to not
more than one (1) driveway on a property with less than 40 m (131.23 ft.)
and not more than two (2) driveways for properties with more than 40 m
(131.23 ft.) of frontage.
(d)
Driveways shall be constructed in such a manner not to interfere with the
natural flow or absorption of water.
(e)
Where the road storm drainage flow will be impacted by the construction
of a driveway, at the discretion of the Development Authority,
driveways shall contain culverts and be graded to the satisfaction of the
municipality.
3(2)
Detached Garages
(a)
In addition to the accessory building setbacks prescribed in 1(1), a
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
detached garage shall be located a minimum of 6 m (19.69 ft) from the
rear parcel boundary (or front parcel boundary for parcels not abutting
Sylvan Lake or a reserve parcel abutting the lake) if the overhead doors of
the garage face a lane, street or rear parcel boundary (or front parcel
boundary for parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake).
(b)
Side entry detached garages:
(i)
Will only be permitted on parcels greater than 12 m (39.37 ft) in
width; and
(ii)
Shall be located a minimum of 3.65 m (12 ft) from the rear parcel
boundary or the front parcel boundary for parcels not abutting
Sylvan Lake or a reserve parcel abutting the lake.
3(3)
Sight Lines at Intersections of Roadways
(a)
At the intersection of roadways, the Development Authority may
require the calculation of sight triangles where:
(i)
One or more rights-of-way is less than 15 m (49.21 ft.); or
(ii)
Regulated vehicle speed exceeds 50 km/h; or
(iii)
One of the carriageways is not centered in its right-of-way; or
(iv)
An intersection leg is curved or skewed; or
(v)
An intersection leg is sloped at two (2) percent or greater.
(b)
Sight triangle calculations shall be in accordance with the recommended
methods of the Roads and Transportation Association of Canada
regarding crossing sight distances for roadways.
4.1
Miscellaneous
4(1)
Home Occupations
Home occupations shall comply with the following:
(a)
A home occupation shall not include any use or operation which
detracts from the amenities of a residential neighbourhood, by way of
creating dangerous or objectionable conditions;
(b)
A home occupation shall be incidental and subordinate to both the
residential use and any accessory building;
(c)
There shall be no exterior display or advertisement, except as provided
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
for in Section 2.2(11) of this Land Use Bylaw;
(d)
There shall be no outside storage or materials, commodities or finished
products;
(e)
No commodity other than the product or service of the home occupation
shall be sold on the premises;
(f)
No person other than a resident of the dwelling unit shall be employed.
4(2)
Private Pools and Decorative Ponds
(a) For parcels abutting Sylvan Lake or a reserve parcel abutting the lake, a
private pool or decorative pond shall be located on:
(i)
At least 1.50 m (4.92 ft.) from the side and front property lines;
(ii)
In a front yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a front yard or the side yard not
adjacent to a public roadway;
(iv)
A decorative pond may be located in a rear yard if:
(A)
The pond is 600 mm (23.62 inches) or less in depth; and
(B)
The pond is located a minimum of 1.50 m (4.92 ft.) from
the rear and side property lines.
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake, a private pool or decorative pond shall be located:
(i)
At least 1.50 m (4.92 ft.) from the side and rear property lines;
(ii)
In a rear yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a rear yard or the side yard not
adjacent to a public roadway;
(iv)
A decorative pond may be located in a front yard if:
(A)
The pond is 600 mm (23.62 inches) or less in depth; and
(B)
The pond is located a minimum of 1.50 m (4.92 ft.) from
the front and side property lines.
(c)
A private pool shall be enclosed by a secure lockable lid or fencing
equipped with gates that lock in accordance with the Alberta Building
Code in effect at the date of the application for Development Permit.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
4(3)
Fencing
Within the Residential (R) District:
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake,
fences:
(i)
Located within a rear yard or side yard of a parcel shall not
exceed 2 m (6.56 ft.) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1 m
(3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.) in
height;
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake, fences:
(i)
Located within a rear yard or side yard of a parcel shall not
exceed 2 m (6.56 ft.) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1
m (3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.) in
height;
(c)
Fence height shall be determined by measuring from the top of the fence
to the ground;
Within the Environmental Open Space District, a fence shall be sited to the
discretion of the Development Authority.
4(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in the
opinion of the Development Authority may be hazardous to the public.
(b)
Where finished ground elevations are established, all grading shall
comply therewith.
(c)
All parcels shall be graded to ensure that storm water is directed to a
drainage ditch without crossing adjacent land, except as permitted by
the Development Authority.
(d)
All topsoil shall be retained on the parcel, except where it must be
removed for building purposes.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(e)
Finished ground elevations and grade elevations must be provided to
the Development Authority for any dwelling unit containing a walkout
basement.
(f)
Retaining walls greater than 1 m (3.28 ft) in height above any adjoining
grade requires a Development Permit.
4(5)
Landscaping, Environmental Conservation and Development
The following standard of landscaping shall be required for all areas of a parcel
not covered by buildings, driveways, storage and display areas:
(a)
The conservation of existing trees and shrubs to the maximum extent
possible;
(b)
The retention, in their natural state, of
(i)
Swamps, gullies and natural drainage courses;
(ii)
Unstable land;
(iii)
Land subject to flooding and/or located within a 1:100 year
floodway or flood fringe area as determined by an engineer or
flood study;
(iv)
Escarpment or slope areas with a gradient of fifteen (15) percent
or greater; and
(v)
Land located below the top of the bank of any water body or water
course;
(c)
The appropriate screening of outside storage areas, parking facilities
and loading areas from adjacent buildings and roads;
(d)
The planting of additional trees and shrubs to replace those removed
upon development of the parcel, at the discretion of the Development
Authority;
(e)
A sufficient depth of topsoil to facilitate growth in the soft-landscaped
areas, with areas not planted to trees and shrubs being seeded to grass,
sodded or left with its natural grass cover; and
(f)
Completion of the landscaping within two (2) years of the date of issue of
the Development Permit.
4(6)
Subdivision Design Standards
(a)
The subdivision authority shall, as a condition of subdivision approval,
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
require an environmental reserve (or a combination of environmental
reserve and environmental reserve easement) of not less than 30 m
(98.43 ft.) in width from the high water mark of Sylvan Lake and/or the top
of bank of watercourses to the lot line. A greater setback may be
required by the subdivision authority based on the recommendations of a
geotechnical study undertaken by a qualified professional.
4(7)
Public Property Regulations
(a)
Parking or leaving a vehicle on public property shall be in accordance
with the Summer Village of Half Moon Bay's Traffic Bylaw No. 114-11.
(b)
The removal of trees and/or shrubs, excavation, grading or drainage
alteration on any municipal reserve, environmental reserve or other
municipal owned land, without expressed written approval from the
municipality, is prohibited.
(c)
Private development on any municipal reserve, environmental reserve
or other municipal owned land is prohibited.
(d)
The prohibition in subsection (c) does not apply to any uses listed in an
applicable land use district and subject to expressed written approval
from the municipality.
(e)
No person shall erect or cause to be erected any fence on any property
owned by the municipality without their expressed written approval.
5.1
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in Part Three: Supplementary
Regulations shall, in accordance with the following guidelines, be:
(1)
Separated from adjacent uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent uses;
(2)
At a density which is consistent with that prevailing in the area, unless otherwise
provided for in a statutory plan;
(3)
Setback from any parcel boundary abutting a road or a reserve a sufficient
distance to ensure that the development will not be visually intrusive, having
regard to any possible changes in surrounding uses;
(4)
Of a height which will be consistent with that prevailing in the area;
(5)
Developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent roads; and
(6)
Developed in conformance with any applicable statutory plan policies.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
PART FOUR: LAND USE DISTRICT REGULATIONS
RESIDENTIAL DISTRICT (R)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings and compatible uses, herein listed.
Permitted Use:
Amended by Bylaw #131/16: Accessory Building where the total floor
area is 74 m2 (796.54 ft2) or less
Amended by Bylaw #131/16: Building Demolition
Detached Dwelling
Discretionary Uses:
Amended by Bylaw #131/16: Accessory Building where the total floor
area is over 74 m2 (796.54 ft2)
Accessory Use
Repealed by Bylaw #131/16: Building Demolition
Guest House
Home Occupation
Manufactured Dwelling Unit
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Public and Quasi-Public Use
Signs
Walkway
Minimum Parcel Area:
(1)
Parcels shall have a width of not less than 30.50 m (100.07 ft.), and an area of
not less than 1,860 m2 (20,020.87 ft2); and
(2)
Parcels not complying with the foregoing and legally created prior to
promulgation of Alberta Regulation 132/78 (April 1st, 1978) are not subject to the
foregoing but are subject to the following:
(a)
705 m2 (7,588.56 ft2)
Parcel Servicing:
(1)
Only a holding tank shall be permitted for any detached dwelling or a
replacement of existing septic system on lots which are not proposed to be
served with a piped sewage system.
(2)
The Development Authority shall either refuse to issue a Development Permit
for any building, structure or works, unless arrangements under (1) above have
been completed, or issue a Development Permit subject to the conditions that
arrangements under (1) above shall be completed prior to the commencement of
the development.
(3)
The Development Authority may require that a caveat be registered against
the title respecting a deferred serving agreement notifying the owner(s) of the
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the
development to said system(s) when such services become available. These
connection costs may include offsite as well as onsite costs.
(4)
Utility rights-of-way and/or easement agreements may also be required as a
condition of development approval to allow for connection to a municipal or
regional water and/or wastewater system.
(5)
Electrical power from the property line of any parcel to any building situated on
the parcel shall be constructed underground.
Site Development:
(1)
Unless otherwise provided in a development agreement registered by the
municipality by caveat on the title to any parcel the following provisions shall
apply:
(a)
Minimum Front Yard and Rear Yard:
(i)
10 m (32.80 ft.) to the habitable dwelling unit from the front
parcel boundary or the top of the escarpment or high water
mark, as determined by the Development Authority, whichever is
closest to the dwelling; and
(ii)
6.0 m (19.69 ft) to a garage attached to, and structurally part of,
the main building.
(b)
Minimum Side Yard:
(i)
3 m (9.84 ft.) where abutting a reserve parcel or road;
(ii)
3 m (9.84 ft.) on Lots 2-8, Block 5, Plan 4171 NY;
(iii)
1.5 m (4.92 ft.) or 3 m (9.84 ft.),as required by Section 2(4) of Part
Three: Supplementary Regulations; or
(iv)
As required by the Alberta Building Code, whichever is greater.
(c)
Maximum Parcel Coverage: Fifty (50) percent
(d)
Landscaping:
(i)
In the case of applications for Development Permits for uses
other than detached dwellings, refer to Part Three:
Supplementary Regulations.
(e)
Maximum Building Height:
(i)
10 m (32.80 ft.) measured from grade.
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Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
(f)
Minimum Floor Area:
(i)
100 m2 (1,076.39 ft2)
(g)
Parking Requirements
(i)
Detached dwellings shall have at least two (2) parking stalls per
Dwelling;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.5 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
48
Summer Village of Half Moon Bay Land Use Bylaw No. 123/13
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS)
General Purpose:
To provide an area for the preservation of municipal land
in its natural state.
Permitted Use:
Natural Environment Preservation
Discretionary Uses:
Accessory Use
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Signs (public)
Trails
Utility Building
Walkway
Any use that is similar, in the opinion of the Development
Authority, to the Permitted or discretionary uses
described above.
Site Development:
(1)
Parking Requirements:
(a)
Parking stalls may be required at the Development Authority's sole
discretion; and
(b)
All parking stalls shall have a dimension of not less than 2.75 m (9.02 ft.)
by 5.5 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.