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BYLAW 125-23 | ADOPTED 28 APRIL 2023
SUMMER VILLAGE OF ISLAND LAKE SOUTH
LAND USE BYLAW
i
TABLE OF CONTENTS
1 INTERPRETATION
1
1.1
TITLE
1
1.2
REPEAL AND REPLACEMENT
1
1.3
ITEMS INCLUDED
1
1.4
HEADINGS
1
1.5
DEFINITIONS
1
2 DEVELOPMENT
9
2.1
DEVELOPMENT AUTHORITY
9
2.2
DUTIES OF THE DEVELOPMENT AUTHORITY
9
2.3
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT
9
2.4
DEVELOPMENTS REQUIRING A PERMIT
10
2.5
APPLICATION FOR DEVELOPMENT
10
2.6
DEVELOPMENT AUTHORITY REVIEW OF APPLICATION
13
2.7
VARIANCE POWERS
13
2.8
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
14
2.9
DECISION
14
2.10 DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
16
2.11 DEVELOPMENT AGREEMENT
17
2.12 DEVELOPMENT PERMIT FEES
17
3 SUBDIVISION
18
3.1
SUBDIVISION APPLICATION REQUIREMENTS
18
3.2
SUBDIVISION PROCESS
19
3.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
19
3.4
DUTIES OF THE SUBDIVISION AUTHORITY
20
3.5
SUBDIVISION REQUIREMENTS & CONDITIONS
21
4 SUBDIVISION AND DEVELOPMENT APPEALS
22
4.1
DEVELOPMENT APPEALS
22
4.2
SUBDIVISION APPEALS
23
4.3
APPEAL HEARINGS AND DECISIONS
24
5 GENERAL DEVELOPMENT REGULATIONS
25
5.1
APPEARANCE OF BUILDINGS AND SITE
25
5.2
ENGINEERING REQUIREMENTS AND OTHER REFERRALS
25
5.3
MANUFACTURED HOMES
25
5.4
POTABLE WATER SUPPLY
26
5.5
RECREATIONAL VEHICLES
26
5.6
RELOCATION OF BUILDINGS
26
5.7
SITE GRADING
27
5.8
WASTEWATER DISPOSAL
27
6 LAND USE DISTRICTS
28
6.1
ESTABLISHMENT OF LAND USE DISTRICTS
28
6.2
RESIDENTIAL DISTRICT - R1
29
6.3
PARKS AND RESERVES - P
32
ii
7 LAND USE DISTRICT MAP
33
1
1 INTERPRETATION
1.1
TITLE
1
This Bylaw is the SUMMER VILLAGE ISLAND LAKE SOUTH LAND USE BYLAW and will be referred to as such.
1.2
REPEAL AND REPLACEMENT
1
Bylaw 81-07 (the "Previous Land Use Bylaw") is hereby repealed in its entirety and replaced with this Bylaw.
The provisions of this Bylaw come into effect upon enactment. No application for a development permit shall
be evaluated under the previous Land Use Bylaw whether the application respecting same was received before
the enactment of this Bylaw or not.
1.3
ITEMS INCLUDED
1
This Bylaw includes the text, figures, and the Land Use Districts Map in Section 7 contained herein.
1.4
HEADINGS
1
Headings and titles appearing in this Bylaw shall be deemed to form a part of the text of this Bylaw.
1.5
DEFINITIONS
1
Words and phrases appearing in this Bylaw which are otherwise defined in the Act shall bear the meaning
prescribed by the Act. Subject thereto, the following words shall bear the following meanings, unless the
context requires otherwise, namely:
1.
ACCESSORY
BUILDING
Mean a building or structure located on the same site as a principal building,
which building is subordinate to and is of a type normally incidental to the
principal building and the use of which building is subordinate to and is
normally incidental to the use of the principal building.
2.
ACCESSORY USE
Means a use of land or a building which is subordinate to and is normally
incidental to any use of land or use of the principal building lawfully occurring
on a site.
3.
ACT (OR, THE
ACT)
Means the Municipal Government Act, RSA 2000, Chapter M-26 and all
amendments thereto and substitutions therefore.
4.
ADJACENT
Means land that is immediately contiguous to a site, or would be immediately
contiguous to a site if not for a road, lane, walkway, watercourse, utility lot,
pipeline right-of-way, power line, railway, or similar feature.
2
Interpretation
5.
AGRICULTURAL
OPERATION
Means an agricultural operation as defined in the Agricultural Operation
Practices Act, R.S.A. 2000, c. A-7, as amended, and does not include cannabis
production and distribution facilities.
6.
APPEAL
Means an appeal made to the Subdivision and Development Appeal Board or
the Land and Property Rights Tribunal.
7.
BOARD
Means the Subdivision and Development Appeal Board.
8.
BUILDING
HEIGHT
Means the vertical distance measured from the established grade (see:
Established Grade) to the highest point of the roof. Building height does not
include any accessory roof construction such as mechanical housing, elevator
housing, roof stairway entrance, ventilating fan, skylight, flagpole, parapet wall,
chimney, steeple, communication structures or similar feature not structurally
essential to the building.
9.
CANNABIS
Means cannabis as defined in the Cannabis Act, S.C. 2018, c. 16, as amended, or
replaced.
Cannabis includes:
a. any part of a cannabis plant, including the phytocannabinoids produced
by, or found in, such a plant, regardless of whether that part has been
processed or not;
b. any substance or mixture of substances that contains or has on it any
part of such a plant; and
c. any substance that is identical to any phytocannabinoid produced by,
or found in, such a plant, regardless of how the substance was
obtained.
3
Interpretation
Cannabis does not include:
a. a non-viable seed of a cannabis plant;
b. a mature stalk (without leaves, flowers, seeds, or branches) of a
cannabis plant;
c. fibre derived from a mature cannabis stalk as referred to above;
d. the root or any part of the root of a cannabis plant; and
e. industrial hemp.
10.
CANNABIS
RETAIL SALES
Means a development used for the retail sales of cannabis that is authorized by
provincial or federal legislation. This use may include retail sales of cannabis
accessories, as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or
replaced. This use does not include cannabis production and distribution
facilities.
11.
CANNABIS
PRODUCTION
AND
DISTRIBUTION
FACILITIES
Means a development used principally for one or more of the following
activities relating to cannabis:
a. the production, cultivation, and growth of cannabis;
b. the processing of raw materials;
c. the making, testing, manufacturing, assembling, or in any way altering
the chemical or physical properties of semi-finished or finished
cannabis goods or products;
d. the storage or shipping of materials, goods, or products, or;
e. the distribution and sales of materials, goods, and products to the
Alberta Gaming, Liquor, and Cannabis Commission.
12.
CARPORT
Means an accessory building (which may or may not be attached to the
principal building) used for parking not more than two private motor vehicles
and which has not less than 40% of its total perimeter open and unobstructed.
13.
COMMERCIAL
USE
Means a business through which products, services, or entertainment are
available to consumers, whether the general public or other commercial
establishments. Commercial use shall include: business services, drive-in
businesses, retail stores, greenhouses, medical clinics, hotels, office uses,
personal services, and uses where a residence is secondary to the principal
commercial use.
14.
COUNCIL
Means the municipal council of the Summer Village of Island Lake South.
15.
DEVELOPMENT
Means development, as defined in the Act.
16.
DEVELOPMENT
AUTHORITY
Means the Development Authority for the Summer Village of Island Lake South
as appointed by Council.
17.
DEVELOPMENT
OFFICER
Means the person (or persons) authorized to exercise development powers and
duties on behalf of the Summer Village as specified in this Land Use Bylaw.
18.
DISCRETIONARY
USE
Means a use of land or buildings in a Land Use District in respect of which a
development permit may be issued at the discretion of the Development
Authority, with or without conditions.
4
Interpretation
19.
DWELLING,
ATTACHED
Means a dwelling containing two (2) or more dwelling units which share a
common wall, and located side by side or above one another. Common types
of attached dwelling developments include duplexes, row housing, and
apartment buildings.
20.
DWELLING,
SINGLE
DETACHED
Means a building consisting of one (1) dwelling unit. A single detached dwelling
is a dwelling which is normally constructed on-site. However, a single detached
dwelling may be constructed in pieces offsite, or even in one piece, with the
piece(s) being transported to the site for assembly on-site, and thus may be a
modular dwelling.
Single detached dwellings shall not include manufactured home dwellings (see:
Dwelling, Manufactured Home).
21.
DWELLING,
MANUFACTURED
HOME
Means a dwelling which is constructed with a chassis or related assembly that
allows for the permanent or temporary attachment of a hitch and assembly to
enable relocation of the dwelling, and further, which conforms to the Canadian
Standards Association A277 and Z-240 Standards (or subsequent CSA
Standards). A manufactured home may be a single structure (commonly known
as a "single wide") or two parts which when put together comprises a complete
dwelling (commonly known as a "double wide").
22.
DWELLING UNIT
Means a self-contained living premises consisting of one or more rooms with
cooking, eating, living, sleeping and sanitary facilities for domestic use, but does
not include a recreational vehicle (RV) nor a guest house.
23.
ESTABLISHED
GRADE
Means the average elevation of the natural or finished level of the ground
adjoining a building at all exterior walls, or the level of the ground as
established by an approved grade plan.
If the ground is not entirely level, the grade shall be the average of the
elevation of the ground around the perimeter of the building.
24.
GARAGE
Means an accessory building (which may or may not be attached to the
principal building but which does not share footings with the principal building)
used for parking not more than three private motor vehicles.
25.
GUEST HOUSE
Means an accessory building consisting of one or more rooms with sleeping
accommodation and which may contain sanitary facilities, but which does not
contain cooking or eating facilities and which is not intended to comprise a self-
contained unit, but is intended to provide overflow accommodation for the
principal building located on the site.
5
Interpretation
26.
HOME
OCCUPATION,
MAJOR
Means any occupation, trade, profession, or craft carried on by an occupant of
a dwelling which is clearly secondary to the residential use of the building, and:
a. includes exterior signage advertising the occupation;
b. generate pedestrian or vehicular traffic or parking; and/or
c. includes the employment at the dwelling or accessory buildings of no
more than two (2) paid assistants, other than residents of the dwelling.
27.
HOME
OCCUPATION,
MINOR
Means any occupation, trade, profession, or craft carried on by an occupant of a
dwelling which is clearly secondary to the residential use of the building, and
which does not change the character of or have any exterior evidence of such
secondary use other than a sign as allowed in this Bylaw.
A minor home occupation must not:
a.
include exterior signage advertising the occupation;
b.
generate pedestrian or vehicular traffic or parking and;
c.
include the employment of persons other than residents of the
dwelling.
28.
LAND USE
DISTRICT
Means an area of the Summer Village established as a land use district by this
Land Use Bylaw, and shown on the Land Use District Map in Section 7.
29.
LOT
Means:
a.
a river lot or a lake lot shown on an official plan referred to in the Surveys
Act that is filed or lodged in a land titles office;
b.
a settlement lot shown on an official plan referred to in the Surveys Act
that is filed or lodged in a land titles office;
c.
a part of a parcel of land described in a Certificate of Title if the
boundaries of the part are described in the Certificate of Title other than
by reference to a legal subdivision; or
d.
a part of a parcel of land described in a Certificate of Title if the
boundaries of the part are described in the Certificate of Title by
reference to a plan of subdivision.
30.
LOT, BACK
Means any lot that is not a lakeshore lot.
31.
LOT, CORNER
Means a lot having boundary lines on two or more roads, at their intersection
or junction. Corner lot also means a lot having a boundary line at a point where
6
Interpretation
a road or highway changes direction by a minimum of 45 degrees within the
boundaries of the lot.
32.
LOT, LAKEFRONT
Means a lot adjacent to Island Lake (or would be adjacent to Island Lake if not
for a reserve lot or public/crown land parcel).
33.
NON-
CONFORMING
Means a lawful specific use or building:
a. Being made of land or building or intended to be made of a building
lawfully under construction, at the date this Land Use Bylaw or any
amendment thereof affecting the land or building becomes effective;
and
b. That on the date this Land Use Bylaw or any amendment thereof
becomes effective does not, or in the case of a building under
construction, will not, comply with the Land Use Bylaw.
34.
OVERFLOW
PARKING
FACILITIES
Means development designed to provide parking for public or private events.
35.
PERMITTED USE
Means a use of land or buildings in a Land Use District in respect of which a
development permit must be issued by the Development Authority, with or
without conditions, provided that the same is otherwise in strict compliance
with and conformity to the provisions of this Bylaw and the Act.
36.
PRINCIPAL
BUILDING
Means a building that:
a.
is the chief or main building amongst all buildings on a site; and
b.
exemplifies (by reason of its character and intended function) the
primary use of the site upon which it is located.
37.
PUBLIC OR
QUASI-PUBLIC
USE
Means a use by a department or agency of the federal or provincial
government, or the Summer Village, for public administration and services and
shall also include uses for the purpose of assembly, instruction, culture or
enlightenment, or for community related activities.
38.
PUBLIC PARK
Means development of public land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and
man-made landscaping, facilities, playing fields, playgrounds, buildings, and
other structures that are consistent with the general purposes of public
recreational use.
7
Interpretation
39.
PUBLIC UTILITY
Means a public utility as defined in the Act, but shall not include landfills.
40.
RECREATIONAL
VEHICLE (RV)
Means a mobile unit which is designed to be used as temporary living or
sleeping accommodation, and includes, but is not limited to, holiday trailers,
tent trailers, truck campers, vans, and motor homes, but does not include a
mobile home.
41.
RESERVE
Means Conservation Reserve (CR), Environmental Reserve (ER), Municipal
Reserve (MR), Municipal and School Reserve (MSR), and School Reserve (SR),
either specifically or generally, as defined in the Act.
42.
SITE
Means one or more contiguous Lots in respect of which an application for a
development permit or subdivision is being made.
43.
SITE COVERAGE
Means the total horizontal area of all buildings or structures on a site which are
located at or higher than 1.0 m (3.3 ft) above grade calculated by perpendicular
projection onto a horizontal plane from one point located at an infinite distance
above all buildings and structures on the site. This calculation shall not include:
a.
steps, eaves, cornices, and similar, minor projections;
b.
driveways, aisles and parking areas or pads unless they
c.
comprise part of a structure which extends 1.0 m (3.3 ft) or more above
grade; or
d.
unenclosed inner and outer courts, terraces and patios where these are
less than 1.0 m (3.3 ft) above grade.
44.
STOREY
Means each portion of a building situated between the top of any floor and the
top of the floor next above it. If there is no floor above, the storey is the portion
of the building situated between the top of any floor and the ceiling above it. If
the top of the floor directly above a basement is more than 1.8 m (6.0 ft) above
grade, such basement shall be considered a storey for the purpose of this
Bylaw.
45.
STOREY, HALF
means a storey under a gable, hip, or gambrel roof, the wall plates of which, on
at least two opposite walls, are not more than 0.66 m (2.16 ft) above the floor
of such storey.
46.
SUMMER
VILLAGE
Means the Summer Village of Island Lake South.
47.
VARIANCE
Means the flexibility that may be exercised by the Development Authority to
vary the regulations of this Bylaw. The intent is to provide an opportunity for
regulatory flexibility, in unique circumstances, where there is no adverse impact
on adjacent areas.
8
Interpretation
48.
YARD
Means a required open space running the full length or width of a site, as the
case may be, unoccupied and unobstructed (except to the extent otherwise
permitted by this Bylaw) by any structure or portion of a structure at or above
1.0 m (3.3 ft) above grade.
49.
YARD, FRONT
Means a yard extending across the full width of a parcel from the front wall of
the main building to the front boundary of the parcel. In the case of lakefront
lots, the font yard is the area between the lakeshore property line and the wall
of the main building facing the lake.
50.
YARD, REAR
Means a yard extending across the full width of a parcel from the rear wall of
the main building to the rear boundary of the parcel.
51.
YARD, SIDE
Means a yard extending from the front wall of the principal building to the rear
wall of the principal building and lying between the side property lines and the
principal building.
9
2 DEVELOPMENT
2.1
DEVELOPMENT AUTHORITY
1
The Development Authority for the Summer Village shall be that designated officer, Municipal Planning
Commission, or other person or organization designated as such by the Council by bylaw. In addition, the
Development Authority shall be the designated officer of the Summer Village contemplated at Section 542 of
the Act.
2.2
DUTIES OF THE DEVELOPMENT AUTHORITY
1
The Development Authority shall:
a.
receive, consider and decide upon all Development permit applications in accordance with the
provisions of this Bylaw and the Act;
b.
make available for inspection by members of the public a copy of this Bylaw and ensure that a copy is
available on the Summer Village's website;
c.
make available for inspection by members of the public copies of all Development permits issued within
the Summer Village, in accordance with the requirements of the Freedom of Information and Protection
of Privacy Act;
d.
keep a register of all applications for development, including the decisions thereon and the reasons
therefore. This information will be released to the public upon request in accordance with the Freedom
of Information and Protection of Privacy Act; and
e.
exercise development powers and perform duties on behalf of the Summer Village in accordance with
the Act and this Bylaw.
2.3
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT
1
A Development permit issued under the provisions of this Bylaw shall not be required for any of the following:
a.
maintenance of or repairs to a building if the work to be undertaken does not include any structural
alterations and does not result in the addition of a dwelling unit;
b.
the erection of a single storey accessory building comprising no greater than 10.0 m2 (107.64 ft2) in site
coverage; provided that the area of the same shall be considered in calculating aggregate site coverage
for the site;
c.
the erection of a temporary structure, the sole purpose of which is incidental to the carrying out of a
development for which a development permit has been issued hereunder, provided that the same is
removed promptly upon completion of the said development;
d.
landscaping where the existing grade of and the existing surface drainage pattern of and from the site
is not materially altered;
e.
the demolition of a building or structure where a development permit has been issued hereunder for
a new development on the same site and the demolition of an existing building or structure is implicit
in that development permit;
10
Development
f.
the erection on a site of a temporary sign of modest proportions advising that the site is for sale or for
rent, provided the sign is removed promptly upon the sale or rental of the site, as the case may be;
g.
the erection on a site of a temporary sign in connection with an election for public office, provided the
sign is removed promptly upon the completion of the election;
h.
the erection of a fence or gate no higher than 0.9 m (3.0 ft) in any front yard or 1.8 m (6.0 ft) in any
side yard or in any rear yard;
i.
the installation, repair or maintenance of a public utility (as defined in the Act) within or upon a road
or a public utility lot;
j.
activities otherwise exempted by the Act from the requirement for a development permit; and
k.
work being pursued under the authority of a development permit issued pursuant to the previous Land
Use Bylaw.
2.4
DEVELOPMENTS REQUIRING A PERMIT
1
Except as provided for in Section 2.3, no person shall commence, or cause or allow to be commenced nor carry
on, or cause or allowed to be carried on a development without a development permit therefore issued under
the provisions of this Bylaw.
2
When an application for a Development permit has been approved by the Development Authority, such
development permit shall not be valid unless and until all conditions of the approval (except those of a
continuing nature) have been fulfilled and until the statutory period for the filing of an appeal against the
issuance of such development permit has expired.
3
When an appeal is filed against the issuance of a development permit or against the imposition of any condition
on a development permit, the development permit shall be suspended and deemed invalid pending the
withdrawal of the appeal or the final decision of the Board, as the case may be. Where a subsequent appeal is
taken to the Court of Appeal, the development permit shall be further suspended and deemed invalid pending
the final decision of the Court of Appeal and the completion of any process directed by the Court of Appeal.
4
A development permit shall expire and shall no longer be valid after one year from the date of its issuance if no
substantial construction pursuant thereto has been initiated. For purposes of this Section, construction
includes, but is not limited to, site preparation or excavation.
5
All construction relative to a development permit shall be completed within one year next following the
issuance of that development permit or within one year next following the final decision of the Board in relation
thereto, as the case may be. The Development Authority may, on application made prior to the expiry of such
one year period and at its discretion, extend the said period for one further year.
6
If a development permit is issued for a site in respect of which any other development permit has been
previously issued, all previous development permits shall be invalid to the extent the physical aspects of the
newly approved development conflict with the same or to the extent the newly approved development could
not occur simultaneously upon the site in conformity with the provisions of this Bylaw.
2.5
APPLICATION FOR DEVELOPMENT
1
An application for development permit shall be completed and submitted to the Development Authority in
writing, in the form required by the Development Authority, and shall be accompanied by:
11
Development
a.
a non-refundable application fee, as established by Council;
b.
a site plan showing:
i)
front, side and rear yards;
ii) north point;
iii) legal description of the property;
iv) access and egress points to the property; and
v) the location and dimensions of existing and proposed municipal and private local improvements,
principal building and other structures including accessory buildings, garages, carports, fences,
driveways, paved areas, and major landscaped areas including buffering and screening areas where
provided;
c.
a statement of the proposed use(s) or occupancy of all parts of the land and buildings, and such other
information as may be required by the Development Authority; and
d.
a statement of ownership of the land and the interest of the applicant therein.
2
The Development Authority may also require additional information in order to assess the conformity of a
proposed development with this Bylaw before consideration of the development permit application shall
commence. Such information may include (but not limited to):
a.
the location of existing and proposed municipal and private storm and sanitary sewage collection and
disposal, and water supply and distribution utilities, landscaped areas, and buffering and screening;
b.
the height and horizontal dimensions of all existing and proposed buildings;
c.
outlines of roof overhangs on all buildings;
d.
existing and proposed elevations on the site and on adjacent sites, roads and lanes;
e.
post construction site and building elevations;
f.
floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in
either the basement or on the main floor in the principal and accessory buildings;
g.
landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas, fences,
screenings, and outdoor furniture on the site and on adjacent boulevards within road rights-of-way;
h.
the suggested location for a future driveway and garage or carport, if the application itself does not
include such buildings as part of the proposal;
i.
future development plans for a site which is to be partially developed through the applicable
development permit;
j.
in the case of a proposed home occupation, information concerning the number of employees, the
location of any goods to be kept or stored, and an estimate of the number of client visits to be expected
to the site each week;
12
Development
k.
any other information or tests required by the Development Authority, at their discretion, respecting
the site or adjacent lands, including an environmental screening of the site, geotechnical reports and/or
flood hazard mapping;
l.
a statutory declaration indicating that the information supplied is accurate; and
m.
for a moved in (relocated) building, pictures of the exterior of the structure that provide information
relating to the age and condition of the building and its compatibility with the Land Use District in which
it is to be located.
3
In addition to the information requirements indicated above, an application for a development permit for the
excavation or stripping of land that is proposed without any other development on the same land, may include
with the application, the following information:
a.
location and area of the site where the excavation is to take place,
b.
existing land use and vegetation,
c.
the type and dimensions including average depth of the excavation to be done, and the potential, if
any, to affect existing drainage patterns on and off the site,
d.
the depth and variation in depth of groundwater encountered in test holes, if required at the discretion
of the Development Authority,
e.
identification of potential for outdoor noise and the discharge of substances into the air,
f.
the condition in which the site is to be left when the operation is complete, including the action which
is to be taken for restoring the condition of the surface of the land to be affected, and for preventing,
controlling or lessening erosion or dust from the site,
g.
an indication of all municipal servicing costs associated with the development, and
h.
the proposed haul route, dust control plan, and expected hours of operation.
4
In addition to the information requirements indicated above, each application for a sign may be accompanied
by additional information at the discretion of the Development Authority.
5
Where a development permit for an accessory building has been applied for before a main building or main use
has been developed on a lot, the applicant must provide a site plan which identifies the proposed location for
the principal building or main use on the lot as part of the application.
6
In addition to the information requirements indicated above, the Development Authority may also require any
phase of an environmental assessment to determine the possible contamination of the subject site and the
mitigating measures necessary to eliminate such contamination. Alternative to or in addition to the foregoing,
the Development Authority may require a biophysical assessment to determine the potential effects of a
proposed development on the natural environment, and the measures necessary to mitigate such effects.
7
At the sole discretion of the Development Authority, any new development within an existing subdivision may
be required to provide to the Development Authority, for approval, an elevation plan of the subject site which
indicates where the stormwater is to be directed. Stormwater from the subject site is not to be directed onto
adjoining properties unless appropriate drainage easements or rights-of-way are in place. If the applicant for a
development permit indicates that the municipality is to verify compliance with the elevation and/or
13
Development
stormwater management plan, the cost to verify that the lot grades have been completed according to the plan
shall be included in the cost of the development permit.
2.6
DEVELOPMENT AUTHORITY REVIEW OF APPLICATION
1
The Development Authority may refer an application to an adjacent municipality or any other agency or person
which in their opinion may provide relevant comments or advice respecting the application.
2
The Development Authority may refer any application for a development permit to any municipal, provincial or
federal department, or any other person or agency considered affected by the Development Authority for
comments and recommendations.
3
When, in the opinion of the Development Authority, sufficient details of the proposed development have not
been included with the application for a development permit, the Development Authority may, at its sole
discretion, deem the application incomplete and request the applicant provide further details or make a
decision on the application with the information it has available.
4
The Development Authority may refuse to accept an application for a development permit if the application is
for a similar development on the same property as a development permit which has been applied for and
refused by the Development Authority or the Subdivision and Development Appeal Board within the last six (6)
months.
2.7
VARIANCE POWERS
1
Subject to the provisions of Section 2.7.4, the Development Authority may, with respect to any development
permit application, vary the requirements of the development control regulations of this Bylaw where the
proposed development would not, in the Development Authority's opinion:
a.
unduly interfere with the amenities of the neighborhood; nor
b.
materially interfere with or affect the use, enjoyment or value of neighboring properties, and the
proposed development would conform with the use prescribed for the subject land or building in this
Bylaw.
2
Where an applicant requests or requires the Development Authority to exercise its variance powers pursuant
to this section, the Summer Village shall, at the sole cost and expense of the applicant:
a.
post for no less than seven (7) consecutive days a notice at a conspicuous location on the website,
clearly visible from the adjacent roadway, advising the public of the variance or variances requested or
required; or
b.
provide all assessed owners of property within 60.0 m (196.9 ft) of the boundaries of the site with
detailed, written notice of the variance or variances requested or required.
3
The Development Authority shall not exercise its variance powers unless and until these preconditions are
completed to the satisfaction of the Development Authority. The foregoing notwithstanding, the Development
Authority may, at any time prior to exercising the same, consult with property owners who may be affected by
a proposed exercise of the Development Authority's variance powers.
4
The provisions of Section 2.7.1 notwithstanding, the Development Authority is not authorized to vary any
Development Control Regulation which addresses:
14
Development
a.
building height; nor
b.
the number of dwelling units that may exist on a site.
2.8
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
1
The Development Authority Officer shall, within 20 days of the receipt of an application for a development
permit, determine whether the application is complete.
2
The time period referred to in Section 2.8.1 may be extended by an agreement in writing between the applicant
and the Development Authority Officer.
3
An application is complete if:
a.
in the opinion of the Development Authority Officer, the application contains the documents and other
information necessary to review the application; or
b.
the Development Authority does not make a determination within 20 calendar days after receipt of an
application for a development permit.
4
If a Development Authority Officer determines that the application is complete, the Development Authority
Officer shall issue to the applicant, by means of posted letter or electronic notification, an acknowledgment
that the application is complete.
5
If the Development Authority Officer determines that the application is incomplete, the Development Authority
Officer shall issue to the applicant a notice, in writing or electronically, that the application is incomplete. This
notice shall list any outstanding documents and information required to review the application, and provide a
date by which the documents or information must be submitted in order for the application to be considered
complete.
6
If the applicant fails to submit all the outstanding information and documents on or before the date referred
to in Part 2.8.5 the Development Authority Officer must deem the application to be refused.
7
Despite that the Development Authority Officer has issued an acknowledgment under Section 2.8.4 or 2.8.5 in
the course of reviewing the application, the Development Authority Officer may request additional information
or documentation from the applicant that the Development Authority Officer considers necessary to review
the application.
2.9
DECISION
1
Where a proposed use of land or a building is not provided for in any district in this bylaw, the Development
Authority may determine that such use is similar in character and purpose to a permitted or discretionary use
prescribed for that district.
2
The Development Authority may approve an application for a development permit if the proposed
development does not comply with this bylaw, if:
a.
they are satisfied that the proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
b.
the proposed development conforms with the use prescribed for the land and building.
15
Development
3
Where a permit is refused, the Development Authority may refuse to accept a subsequent application for a
permit on the same property and for the same or similar use for a least six (6) months after the date of the
initial refusal.
4
An application for development permit shall be considered by the Development Authority who shall:
a.
approve, with or without conditions, an application for a permitted use where the proposed
development conforms to this Bylaw, or
b.
approve, with or without conditions, or refuse an application for a discretionary use, or
c.
refuse an application for a use which is neither a permitted nor a discretionary use.
5
In making a decision, the Development Authority may also impose such conditions as are required to ensure
compliance with this Bylaw including both the verification by:
a.
an official appointed by the municipality;
b.
an applicable regulatory body; or
c.
by certification by either an engineer, an architect, or an Alberta Land Surveyor
that the measures indicated within the various elements of information provided with the application, including
any mitigative or elimination measures, as described through the information provided have been completed or
will be undertaken, as appropriate, in accordance with the Development Authority's approval.
6
The Development Authority may require that as a condition of issuing a development permit, the applicant
enter into a development agreement with the Municipal Council to do all or any of the following to construct
or pay for the construction of roads, pedestrian walkways or parking areas which serve the development or
which connect the walkway with another walkway system that serves or is proposed to serve an adjacent
development, to install or pay for the installation of public utilities other than telecommunications systems or
works, to pay an off-site levy, and/or to give security to ensure that the terms of the agreement noted herein
are carried out.
7
At the discretion of the Summer Village, a development agreement may be registered by caveat under the Land
Titles Act against the Certificate of Title for the subject property. The Summer Village will discharge this caveat
once the agreement has been complied with.
8
The Development Authority may also require that as a condition of issuing a development permit, all
requirements of this Bylaw and of Provincial regulations be met, and that any further development on the
subject site require a development permit.
9
In the case where a proposed specific use of land or a building is not provided for in any District in the Bylaw,
the Development Authority may determine that such use is similar in character and purpose to a permitted or
discretionary use prescribed for a particular District.
10
An application for a development permit shall, at the option of the applicant, be deemed to be refused when a
decision thereon is not made by the Development Authority within forty (40) days after receipt of the
application by the Development Authority. The person claiming to be affected may appeal in writing as provided
for in Section 4 of this Bylaw as though they have received a refusal at the end of the forty (40) day period
specified in this Section.
11
A Development Authority may suspend or revoke a development permit at any time:
16
Development
a.
where the permit was issued on the basis of incorrect information, fraud, non-disclosure, or
misrepresentation on the part of the applicant; or
b.
where the permit was issued in error.
12
Where a development permit application in a land use district is for a temporary development, the
Development Authority may impose the following conditions:
a.
Specify that the development is approved temporarily for a specific period of time, not exceeding one
year;
b.
Impose a condition on such a permit that the municipality is not liable for any costs involved in the
cessation or removal of the development at the expiration of the time period stated in the permit; and
c.
Require the applicant to post acceptable security guaranteeing the cessation or removal of the
development to the greater of 25% of the value of the structure or $1,000.
2.10
DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
1
When a development permit has been issued for a permitted use and no variance to any regulation has been
granted, the Development Authority shall within five (5) working days after a decision on a development permit
application send a notice by regular mail or email of the decision to the applicant and post a notice on the
Summer Village of Island Lake South's website. Mailing the notice is not required when an applicant picks up a
copy of the decision in-person.
2
In addition to the above, within five (5) working days after a decision on a development permit application for
a discretionary use or after a variance has been granted, the Development Officer shall:
a.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) all affected
adjacent land owners, as identified on the Summer Village Assessment Roll, to provide notice of the
decision and right of appeal; and
b.
send notice by regular mail (or by electronic mail) to members of Council;
c.
post notice of the decision on the Summer Village's website; and
d.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other
landowner, business, agency, adjacent municipality, person, group, organization or similar body that
the Development Authority deems may be affected to provide notice of the decision and right of
appeal.
3
The notice indicated in Sections 2.10.1 and 2.10.2 shall state:
a.
the legal description and the street address of the site of the proposed development;
b.
the uses proposed for the subject development,
c.
any discretion that was granted in the approval of the development, whether by use or by
interpretation of this Bylaw, and any variation or relaxation in regulation that was made by the
Development Authority when the development permit was approved;
d.
the date the development permit was issued; and
17
Development
e.
how an appeal might be made to the Subdivision and Development Appeal Board and the deadline for
such appeal.
4
Except for those permits described in Section 2.10.1 hereof, a permit granted pursuant to this Part does not
come into effect until twenty-one (21) days after the date that notice of an order, decision, or development
permit is received. For the purposes of this Bylaw, notice is deemed to be received on the 5th day after the
date of the issuance of the order, decision, or permit. Any development proceeded with by the applicant prior
to the expiry of this period is done solely at the risk of the applicant.
5
Where an appeal is made, a development permit which has been granted shall not come into effect until the
appeal has been determined and the permit has been confirmed, modified or nullified thereby.
6
If the development authorized by a permit is not commenced within twelve (12) months from the date of the
date of the issue of the development permit, and completed within twelve (12) months of the commencement
of the development, the permit is deemed to be void, unless an extension to this period is granted by the
Development Authority.
7
A development, once begun, shall not be abandoned or left for an extended period of time in what the
Development Authority considers to be an unsightly or unsafe condition.
8
The application may be responsible for any damages to public or private property occurring as a result of
development.
9
A decision of the Development Authority on an application for a development permit shall be given in writing.
10
When a Development Authority refuses an application for a development permit, the decision shall contain
reasons for the refusal.
2.11
DEVELOPMENT AGREEMENT
1
The Development Authority may require that as a condition of issuing a development permit, the applicant to
enter into an agreement to:
a.
Construct or pay for the construction of public roadways, pedestrian walkways, or parking areas; and/or
b.
Install or pay for the installation of utilities; and/or
c.
Pay for an off-site levy or redevelopment levy imposed by bylaw.
2
To ensure compliance with the development agreement, the Summer Village may register a caveat against the
certificate of title of the property that is being developed. This caveat shall be discharged when conditions of
the development agreement have been met.
2.12
DEVELOPMENT PERMIT FEES
1
The Council may, by resolution, impose a fee or a schedule of fees for the making of any Development Permit
application, and no application for Development Permit will be considered complete until such fee has been
paid to the Summer Village.
18
3 SUBDIVISION
3.1
SUBDIVISION APPLICATION REQUIREMENTS
1
All subdivision applications for lands within the Summer Village shall comply with the provisions under this Part.
2
A subdivision application may be submitted by:
a.
the registered owner of the land to be subdivided; or
b.
a person with written authorization to act on behalf of the registered owner.
3
If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or
Provincial agencies and organizations, the applicant shall file and obtain the appropriate reports and/or
approvals with relevant agencies and organizations. A copy of the required reports and/or approvals or licenses
shall be submitted with the subdivision application.
4
Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and
Alberta Energy Regulator Directive 079 shall accompany every subdivision application.
5
The tentative plan of subdivision shall:
a.
clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to
subdivide;
b.
show the location, dimensions and boundaries of:
i)
each new lot to be created;
ii) reserve land(s), if required;
iii) the right-of-ways of each public utility, if required; and
iv) other right-of-ways, if required;
c.
indicate the use, location, and dimensions of existing buildings on the land that is the subject of the
application, if any, and specify whether the buildings are proposed to be demolished or moved;
d.
show the location of any river, stream, watercourse, lake, or other body of water (natural or man-
made) that is contained within the boundaries of the proposed parcel of land;
e.
identify the location of any existing or proposed water wells, the locations and type of any private
sewage disposal system(s), and the distance from these to existing or proposed buildings and property
lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active
wells, batteries, processing plants or pipelines within the proposed subdivision; and
g.
identify the existing and proposed access to the proposed parcels and the remainder of the titled area.
6
The Subdivision Authority may also require an applicant to submit to the Subdivision Authority any or all of the
following:
19
Subdivision
a.
a figure showing topographic contours;
b.
if the proposed subdivision is not to be served by a water distribution system, information supported
by the report of a qualified professional, registered in the Province of Alberta, respecting the provision,
availability, and suitability of potable water on or to the land to be subdivided;
c.
an assessment of subsurface characteristics of the land that is to be subdivided including, but not
limited to, susceptibility to slumping or subsidence, depth to water table, and suitability for any
proposed on-site sewage disposal system(s), prepared and signed by a qualified professional registered
in the Province of Alberta;
d.
a storm water management plan, prepared by a qualified professional, which must be approved by
Alberta Environment and Parks including:
i)
topography;
ii) proposed minor drainage system (ditches/pipes/catch basin locations/flow rate);
iii) proposed major drainage systems (direction of surface drainage/flow rate);
iv) proposed on-site detention/retention facility (location/size/capacity);
v) location of outflow/outfall structures; and
vi) any related modeling and calculation information.
e.
if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the
1:100-year Flood Plain;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 mi.) of the land
proposed to be subdivided;
g.
if any portion of the parcel of land affected by the proposed subdivision is situated within 1.5 km (0.9
mi.) of a sour gas facility, a map showing the location of the sour gas facility; and
3.2
SUBDIVISION PROCESS
1
The Subdivision Authority shall:
a.
attend a pre-application submission meeting with development proponents (as requested);
b.
receive all applications for subdivision applications;
c.
assess and provide notice of a complete or incomplete application;
d.
refer the application to adjacent landowners and adjacencies (as required in the Subdivision and
Development Regulations; and
e.
issue notices in writing as required in the Act.
3.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
1
The Subdivision Authority shall within twenty (20) days of the receipt of an application for a development
permit, determine whether the application is complete.
20
Subdivision
2
The time period referred to in Section 3.3.1 may be extended by an agreement in writing between the applicant
and the Subdivision Authority or, if applicable, in accordance with a land use bylaw made pursuant to section
640.1(a) of the Act.
3
An application is complete if, in the opinion of the Subdivision Authority, the application contains the
documents and other information necessary to review the application.
4
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue
to the applicant, in writing or electronically, an acknowledgment that the application is complete.
5
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue
to the applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding
documents and information referred to in the notice must be submitted by a date set out in the notice or a
later date agreed on between the applicant and the Subdivision Authority in order for the application to be
considered complete.
6
If the applicant fails to submit all the outstanding information and documents on or before the date referred
to in Section 3.3.5, the Subdivision Authority must deem the application to be refused.
7
Despite that the Subdivision Authority has issued an acknowledgment under Section 3.3.4 or 3.3.5, in the course
of reviewing the application, the Subdivision Authority Officer may request additional information or
documentation from the applicant that the Subdivision Authority Officer considers necessary to review the
application.
3.4
DUTIES OF THE SUBDIVISION AUTHORITY
1
Upon receipt of a completed subdivision application, the Subdivision Authority:
a.
shall approve, with or without conditions, an application for a permitted use where the proposed
subdivision conforms to:
i)
this bylaw;
ii) applicable statutory plans; and
iii) the Act and the Regulations thereunder;
b.
shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i)
applicable statutory plans; and/or
ii) the Act and the Regulations thereunder;
c.
may approve, with or without conditions, an application for a permitted or discretionary use with
variances to the bylaw; and
21
Subdivision
3.5
SUBDIVISION REQUIREMENTS & CONDITIONS
1
Subdivision approvals shall comply with Part 17 and 17.1 of the Act and the Regulations therein.
2
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a
separate title exists for a public utility or an institutional use.
3
All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority,
prejudice the future efficient development of the remnant lands.
4
The Subdivision Authority shall not approve a subdivision which is inconsistent with the Summer Village of
Island Lake South Municipal Development Plan (MDP) and/or the provisions of any statutory plans that affect
the land proposed to be subdivided.
5
As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the
Act; either in the form of a lot (ownership transferred to the Municipality) or as an Environmental Reserve
Easement (private ownership is retained). The Summer Village may require that the proponent provide
environmentally significant hazard land as Environmental Reserve as a condition of subdivision approval.
6
As a condition of a subdivision approval, property taxes must be up to date prior to final endorsement of any
Subdivision within the Summer Village.
7
As a condition of a subdivision approval, the developer may be required to provide for Inclusionary Housing in
accordance with the Act and the Regulations therein.
22
4 SUBDIVISION AND DEVELOPMENT APPEALS
4.1
DEVELOPMENT APPEALS
1
An appeal may made if the Development Authority:
a.
Fails or refuses to issue a development permit;
b.
Issues a development permit subject to conditions; or
c.
Issues a stop order under Section 645 of the Act;
By the applicant of the development permit or any person affected by the order.
2
In addition to Section 4.1.1, any person affected by an order, decision, or development permit made or issued
by the Development Authority may appeal the decision in accordance with Section 685(2) of the Act.
3
Despite Sections 4.1.1 and 4.1.2, no appeal lies in respect of the issuance of a development permit for a
permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the
application for the development permit was deemed to be refused under section 683.1(8) of the Act.
4
Despite Sections 4.1.1, 4.1.2, and 4.1.3, if a decision with respect to a development permit application in respect
of a direct control district:
a.
is made by a council, there is no appeal to the Subdivision and Development Appeal Board; or
b.
is made by a development authority, the appeal is limited to whether the development authority
followed the directions of council, and if the board hearing the appeal finds that the development
authority did not follow the directions it may, in accordance with the directions, substitute its decision
for the development authority's decision.
5
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(a) of the Act shall
be made to the Land and Property Rights Tribunal, and shall proceed in accordance with the processes
identified in the Act and the Land and Property Rights Tribunal Act.
6
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(b) of the Act shall
be made to the Summer Village's Subdivision and Development Appeal Board.
7
An appeal with respect to an application for a development permit may be made by a person identified in
Section 4.1.1 may be made by serving a written notice of appeal to the board hearing the appeal:
a.
Within twenty-one (21) days after the date on which the written decision is given; or
b.
If no decision is made with respect to the application within the 40-day period (or within any extension
to that period under Section 684 of the Act), within twenty one (21) days after the date the period or
extension expires; or
c.
With respect to an order under Section 645 of the Act, within 21 days after the date on which the order
is made.
23
Appeals
8
An appeal with respect to an application for a development permit may be made by a person identified in
Section 4.1.2 may be made by serving a written notice of appeal to the board hearing the appeal within twenty-
one (21) days after the date on which the written decision is given.
9
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property
Rights Tribunal. The notice submission requirements shall be as established by the Land and Property Rights
Tribunal.
10
An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing
the following:
a.
the appeal application fee as identified in a Fees and Charges Bylaw;
b.
the legal description and/or the municipal address of the property to which the decision, order, or
issuance of the development permit relates;
c.
the name, contact information, and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of
the appeal.
11
Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the
appropriate board and the appropriate board must hear the appeal as if the notice of appeal had been filed
with it and it is deemed to have received the notice of appeal from the applicant on the date it receives the
notice of appeal from the first board, if:
a.
in the case of a person referred to in Section 4.1.1 the person files the notice with the wrong board
within 21 days after receipt of the written decision or the deemed refusal; or
b.
in the case of a person referred to in Section 4.1.2, the person files the notice with the wrong board
within 21 days after the date on which the notice of the issuance of the permit was given in accordance
with the land use bylaw.
4.2
SUBDIVISION APPEALS
1
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a.
by the applicant for the approval;
b.
by a government department if the application is required by the Subdivision and Development
Regulations to be referred to that department;
c.
by the council of the municipality in which the land to be subdivided is located if the council, a
designated officer of the municipality or the Municipal Planning Commission of the municipality is not
the Subdivision Authority; or
d.
by a school board with respect to:
i)
the allocation of municipal reserve and school reserve or money in place of the reserve;
ii) the location of school reserve allocated to it; or
iii) the amount of school reserve or money in place of the reserve.
24
Appeals
2
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall be
made to the Land and Property Rights Tribunal, and shall proceed in accordance with the processes identified
in the Act and the Land and Property Rights Tribunal Act.
3
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of the
Act shall be made to the Summer Village's Subdivision and Development Appeal Board.
4
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property
Rights Tribunal. The notice submission requirements shall be as established by the Land and Property Rights
Tribunal.
5
An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing
the following:
a.
the appeal application fee as identified in the Summer Village's Fees and Charges Bylaw;
b.
the legal description and/or the municipal address of the property to which the decision, order, or
issuance of the development permit relates;
c.
the name, contact information, and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of
the appeal.
6
If the applicant files a notice of appeal within 14 days after receipt of the written decision or the deemed refusal
with the wrong board, that board must refer the appeal to the appropriate board and the appropriate board
must hear the appeal as if the notice of appeal had been filed with it and it is deemed to have received the
notice of appeal from the applicant on the date it receives the notice of appeal from the first board.
4.3
APPEAL HEARINGS AND DECISIONS
1
Hearings for development appeals and decisions made by the board hearing the appeal shall be in accordance
with Section 686 and 687 of the Act.
2
Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in accordance
with Section 679, 680, and 681 of the Act.
25
5 GENERAL DEVELOPMENT REGULATIONS
5.1
APPEARANCE OF BUILDINGS AND SITE
1
The design, construction and architectural appearance of any building or structure shall be to the satisfaction
of the Development Authority, shall not threaten public health or safety and shall be compatible with the
general standard of design and construction in the immediate neighborhood of the Site.
5.2
ENGINEERING REQUIREMENTS AND OTHER REFERRALS
1
In any circumstance where the Development Authority is of the opinion it would be prudent to so do, the
Development Authority may direct that the applicant for a Development Permit provide a certificate or other
report from an engineer or other professional person in relation to a proposed Development or any aspect of
it. In such circumstances, the costs of complying with the Development Authority's direction shall be borne by
the applicant, and the applicant's application for a Development Permit shall be deemed incomplete until such
time as the direction has been complied with.
2
In any circumstance where the Development Authority is of the opinion it would be prudent to so do, the
Development Authority may refer an application to Alberta Environmental Protection or to any other
governmental authority for their comments prior to issuing a Development Permit and may, thereafter, impose
a condition on any Development Permit issued that the applicant comply with such requirements of the referral
agency as the Development Authority may deem appropriate in the circumstances.
5.3
MANUFACTURED HOMES
1
Manufactured homes shall be certified by Canadian Standards Association as having been built in a factory
which has been certified as meeting the CSA A277-92 approved procedure. Modular homes shall contain a CSA
"Modular Home" label and mobile homes shall contain a CSA "Mobile Home" label.
2
Installation and foundation requirements for manufactured homes and additions shall meet either the CAN/CSA
Z240.10.1 standard or the Alberta Building Code.
3
Wheels, hitches and other running gear shall be removed within thirty (30) days of the installation of the
manufactured home.
4
Skirting shall be installed within ninety (90) days of the installation of a manufactured home and shall comply
with standards set out in the CSA Z240.10.1 standards.
5
At least one access panel of not less than 500 x 700 mm (20 x 28 inches) shall be provided in the skirting for
periodic inspections and maintenance of services. The panel shall be located close to sewer and water
connections.
6
Skirting shall be factory prefabricated or of equivalent quality and shall be pre-finished or painted so that the
design and construction shall complement the manufactured home.
7
Year-round ventilation of the crawl space shall be provided according to the standards set out in the CSA
Z240.10.1 standards. Crawl space ventilation shall be provided by the installation of screened louvers or grills
of at least 0.1 m2 of unobstructed venting for each 50.0 m2 (1.0 ft2 for each 500.0 ft2) of floor area of the home.
26
Regulations
5.4
POTABLE WATER SUPPLY
1
Applications for a development permit in respect of a residential use shall contain a detailed proposal as to how
the development is to be provided with a supply of potable water if requested by the Summer Village.
2
No development for residential use shall be allowed unless it is supplied with potable water.
5.5
RECREATIONAL VEHICLES
1
Each property is allowed a primary residence; this could mean a single detached dwelling, manufactured
home dwelling, or recreational vehicle.
2
Each property is allowed no more than one (1) recreational vehicle permanently on site without a permit
whether this is your primary residence or not.
3
A second permanent RV will only be allowed on lots with an RV as primary residence. This RV will require a
permit.
A development permit application to place an RV on a lot shall indicate:
i)
where the RV will be placed on a lot on a permanent basis;
ii) where an RV may be placed on a temporary basis;
iii) how potable water, wastewater, and utilities shall be provided; and
iv) where onsite parking shall be provided.
3
RVs must be located entirely within the boundaries of the subject lot, and shall adhere to the front, rear, and
side yard requirements of dwellings and accessory buildings identified in the applicable Land Use District.
4
Notwithstanding the above regulations, an additional temporary RV on a lot may be allowed for a period of up
to but not exceeding seven (7) days on both developed and undeveloped lots. The temporary (or another
temporary) RV shall not be placed on the lot until three (3) days or more have passed since it was last occupied
by a temporary RV.
5
No more than two (2) recreation vehicles are allowed on any property, excluding temporary guests. Temporary
guests may be allowed on a property for a maximum of seven (7) consecutive days.
6
All temporary RVs shall not be permitted to dispose of wastewater and greywater on the ground within the
Summer Village and must adhere to the Private Sewage Disposal System Bylaw.
7
One (1) onsite parking stalls must be provided for each recreational vehicle.
5.6
RELOCATION OF BUILDINGS
1
The relocation of an existing building to a site as either a principal building or an accessory building constitutes
a development of that site. Where a building is to be relocated to a site, the use to which the building is intended
to be put:
a.
must be listed in this Bylaw as a permitted use or a discretionary use available for that site; and
b.
shall be deemed to be a discretionary use for purposes of the relocation of that building.
27
Regulations
5.7
SITE GRADING
1
Where substantial grading of a site is undertaken separate and apart from any other development of or on that
site, the grading shall be deemed to be a development and shall require a development permit. Substantial
grading shall mean site grading activities that could adversely impact offsite drainage, result in flooding on
adjacent properties or roads, impact slope stability, and/or negatively impact water quality.
2
In every case, whether site grading forms a part of an overall development or constitutes a development in and
of itself, site grades shall be established:
a.
in a manner satisfactory to the Development Authority;
b.
in a manner designed to prevent any adverse impact on neighboring properties or roadways; and
c.
in compliance with any applicable drainage or grading plans adopted by the Summer Village.
5.8
WASTEWATER DISPOSAL
1
All buildings, facilities and developments undertaken on a site shall comply with Bylaw 99-16 (the Private
Sewage Disposal System Bylaw) and shall comply with the Safety Codes Act for the Province of Alberta.
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6 LAND USE DISTRICTS
6.1
ESTABLISHMENT OF LAND USE DISTRICTS
1
For the purposes of this Bylaw, the Summer Village of Island Lake South is divided into the following land use
districts:
DISTRICT NAME
SYMBOL
MAP COLOUR
RESIDENTIAL DISTRICT
R1
YELLOW
PARKS AND RESERVES DISTRICT
P
GREEN
2
The boundaries of the land use districts listed in this Bylaw are as delineated in the LAND USE DISTRICT MAP,
within Section 7 of this Bylaw.
3
Where uncertainty exists as to the boundaries of land use districts as delineated in the LAND USE DISTRICT
MAP, the following rules shall apply:
RULE 1
Where a boundary is shown as following a street or lane, it shall be deemed to follow
the centre line thereof.
RULE 2
Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
RULE 3
In circumstances not covered by Rules 1 and 2, the location of the land use district
boundary shall be determined:
a. where dimensions are set out on the LAND USE DISTRICT MAP, by the
dimensions so set, or
b. where no dimensions are set out on the LAND USE DISTRICT MAP with respect
to such boundary, by measurement of and use of the scale shown on the LAND
USE DISTRICT MAP.
4
Where the application of the above rules does not determine the exact location of the boundary of a land use
district, the Council, either on its motion or upon written application being made to it by any person requesting
the determination of the exact location of the boundary, shall fix the portion of the land use district boundary
in doubt or dispute in a manner consistent with the provisions of this Bylaw and the degree of detail as to the
measurements and directions as the circumstances may require.
5
Any surveying costs associated with determining the boundary of a land use district shall be the responsibility
of the proponent.
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R1
6.2
RESIDENTIAL DISTRICT - R1
1 General Purpose
To provide for low density residential development adjacent to Island Lake.
2 Uses
PERMITTED
DISCRETIONARY
Dwelling, Single Detached
Home Occupation, Minor
Buildings and Uses Accessory to Permitted Uses
Public or Quasi Public Buildings and Uses
Public Utilities
Other uses which in the opinion of the Development
Authority, are similar to the above mentioned
permitted and discretionary uses.
Buildings and Uses Accessory to Discretionary Uses
3 General Development Control Regulations
1.
MINIMUM SITE WIDTH
18.2 m (60.0 ft).
2.
MAXIMUM NUMBER OF
DWELLING UNITS
The maximum number of dwelling units that may be located on
a lot is one. Where a site is comprised of more than one lot, the
maximum number of dwelling units that may be located on that
Site is one.
3.
MAXIMUM BUILDING HEIGHT
(PRINCIPAL BUILDING)
The maximum building height for a principal building shall be
10.7 m (35.1 ft).
4.
MAXIMUM BUILDING HEIGHT
(ACCESSORY BUILDING)
The maximum building height for an accessory building shall be
7.0 m (23.0 ft).
5.
MAXIMUM SITE COVERAGE
The maximum site coverage for all buildings shall be 35% of the
site area.
The maximum site coverage for accessory buildings shall be
limited to 93.0 m2 (1,001 ft2), in the aggregate.
In the case of any site exceeding 45.7 m (149.9 ft) in depth, the
Development Authority shall direct that buildings be designed
and located on the Site in a manner that will, in the opinion of
the Development Authority, avoid excessive massing at any
particular location on the site and distribute the impact of
construction more evenly over the developable areas of the site.
30
R1
4 Minimum Yards
PRINCIPAL BUILDINGS
1.
FRONT YARD
(LAKESHORE LOTS)
3.0 m (10.0 ft).
2.
FRONT YARD
(BACK LOTS)
6.10 m (20 ft).
3.
REAR YARD
(LAKESHORE LOTS)
6.10 m (20 ft).
4.
REAR YARD
(BACK LOTS)
3.0 m (10 ft).
5.
SIDE YARD
(LAKESHORE LOTS)
0.9 m (3 ft).
6.
SIDE YARD
(BACK LOTS)
0.9 m (3 ft).
ACCESSORY BUILDINGS
7.
REAR YARD
3.0 m (10.0 ft).
8.
SIDE YARD
0.91 m (3 ft).
5 Additional Regulations
1.
ACCESSORY BUILDINGS
A. No accessory building shall be located in a front yard;
B. In the case of corner lots, no accessory building shall be
located in the side yard having street frontage within 6.1 m
(20.0 ft.) of an intersection of streets, lands or a street and
lane;
C. The minimum distance between the doors of a garage and
a road or lane shall be 6.1 m (20.0 ft.);
D. The minimum distance between buildings shall be 2.1 m
(7.0 ft.);
E. Privies shall be located no closer than 3.0 m (10.0 ft) to the
boundary of a street or lane.
2.
PROJECTION INTO YARDS
Verandas, porches, decks, balconies, unenclosed steps and other
architectural features which are of a similar character may
project up to 1.0 m (3.3 ft) into any required front yard or rear
yard.
Eaves, chimneys, sills, shade projections, cantilevered
projections with windows (such as bay, oriel or similar windows)
31
R1
and other architectural features which are of a similar character
may project up to 0.4 m (1.3 ft) into any required yard.
32
P
6.3
PARKS AND RESERVES - P
1 General Purpose
To preserve and protect the local environment while providing areas for low impact public recreation near Island
Lake.
2 Uses
PERMITTED
DISCRETIONARY
Reserves
Public or Quasi Public Buildings and Uses
Public Parks
Public Utilities
3 General Development Control Regulations
1.
SITE IMPROVEMENTS
Except for fencing at the perimeter of a site and except for
public utilities (as defined in the Act) passing through a Site, no
improvements or structures of any nature or kind may be
erected or brought onto the lands.
2.
DEVELOPMENT PERMITS
The Development Authority may issue a development permit to
an adjacent landowner for any improvements or structures
existing on a site owned by the Summer Village at the date this
District is applied. A development permit is required for any
repair and maintenance of previously approved improvements
and structures. It shall be a condition of every development
permit issued pursuant to this section that:
A. The applicant enter into an agreement, satisfactory to
the Summer Village, for a license of occupation of the
site owned by the Summer village, which agreement will
be terminable on thirty (30) days' notice; and
B. The development permit will be valid for a period of no
more than three (3) years.
3.
APPLICATION
This district may be applied to lands owned by the Summer
Village and may be applied to other lands within the Summer
Village only with the consent of the owner of those lands.
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7 LAND USE DISTRICT MAP
34