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SUMMER VILLAGE ofISLAND
LAND USE BYLAW user GUIDE
LAND USE BYLAW USER GUIDE
The Land Use Bylaw (LUB) establishes regulations for how land can be developed within the Summer Village of
Island Lake. Regulations vary depending on the location and type of development. A development permit must be
obtained prior to any new construction, structural renovations, opening of a new business and/or changing the
use of an existing building. Development permits provide municipal approval for the use of land as well as the
placement, size and location of new buildings or structures. In addition to the LUB other bylaws, regulations, and
polices of the Summer Village of Island Lake (as well as provincial and federal legislation) must also be followed.
The following steps may assist the user of the LUB:
LOCATE
Locate the subject property on the Land Use Districts Map in Section 15. This map divides the
Summer Village into four different land use districts. Take note of which land use district the
subject property is located in. Note that land use districts are often referred to as "zones" or
"zoning." In order to conform to the language of the Municipal Government Act, this LUB uses
the terms "district" and "districting." CHECK
Check the Table of Contents and locate the land use district you are interested in. Each land
use district is listed in Section 9. In each land use district you will find a list of permitted and
discretionary uses, subdivision regulations, development regulations and other miscellaneous
regulations. This determines how and what can be developed in any given land use district.
There are definitions in Section 1.8 that should also be consulted to ensure that words and
terms used in the LUB are understood. REVIEW
Review the Table of Contents to see if there are any regulations that apply to the situation or
use in question. For example, Section 8 contains general and specific regulations affecting
accessory buildings, recreational vehicles, sea cans and suites, among many others. DISCUSS
Discuss your proposal or concern with Summer Village Administration. Administration is
trained and eager to assist you with your development, subdivision or general inquiry issues
and to explain procedures. They can also assist with other situations such as enforcement or
LUB amendments.
Please note that this guide is only intended to assist users and does not form part of the LUB. LAND USE DISTRICTSThere are five land use districts in the Summer Village of
TABLEofCONTENTS
TABLE OF CONTENTSLAND USE BYLAW USER GUIDEI
1.
ADMINISTRATION AND PURPOSE1
1.1
TITLE
1
1.2
APPLICATION
1
1.3
PURPOSE
1
1.4
CONFORMITY WITH THE LAND USE BYLAW
1
1.5
COMPLIANCE
1
1.6
SEVERABILITY PROVISION
2
1.7
MEASUREMENTS
2
1.8
DEFINITIONS
2 2.
AMENDING THE LAND USE BYLAW24
2.1
PROCESS
24
2.2
FORMS
27 3.
AUTHORITIES AND AGENCIES29
3.1
DEVELOPMENT AUTHORITY
29
3.2
DEVELOPMENT AUTHORITY OFFICER
29
3.3
SUBDIVISION AUTHORITY
30
3.4
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
30
3.5
SUMMER VILLAGE COUNCIL
30 4.
CONTROL OF DEVELOPMENT32
4.1
DEVELOPMENT PERMITS
32
4.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
32
4.3
NON-CONFORMING BUILDINGS AND USES
34
4.4
APPLICATION FOR DEVELOPMENT
34
4.5
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
37
4.6
DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
38
4.7
DEVELOPMENT AGREEMENT
39
4.8
VARIANCE PROVISIONS
39
4.9
CANCELLATION
40 5.
CONTROL OF SUBDIVISION42
5.1
APPLICATION REQUIREMENTS
42
5.2
PROCESS
43
5.3
DUTIES OF THE SUBDIVISION AUTHORITY
44
5.4
REQUIREMENTS AND CONDITIONS
45 6.
PROCESS FOR APPEALS47
6.1
DEVELOPMENT APPEALS
47
6.2
SUBDIVISION APPEALS
48
6.3
APPEAL HEARINGS AND DECISIONS
49 7.
ENFORCING THE LAND USE BYLAW51
7.1
GENERAL PROVISIONS
51
7.2
PROHIBITIONS
51
7.3
RIGHT OF ENTRY
51
7.4
VIOLATION WARNING
52
7.5
WARNING AND FINAL WARNING NOTICE
52
7.6
OFFENSES AND FINES
52
7.7
STOP ORDERS
52
7.8
ENFORCEMENT OF STOP ORDERS
52
7.9
VIOLATION TAGS AND TICKETS
53 8.
GENERAL AND SPECIFICREGULATIONS55
8.1
ACCESSORY BUILDINGS
55
8.2
BED AND BREAKFAST ESTABLISHMENTS
57
8.3
BUILDING APPEARANCE AND DESIGN
58
8.4
CANNABIS PRODUCTION AND DISTRIBUTION FACILITIES
58
8.5
CANNABIS RETAIL SALES
59
8.6
CORNER LOTS
60
8.7
DEMOLITION OF BUILDINGS
60
8.8
DEVELOPMENT PROPONENT'S RESPONSIBILITY
60
8.9
DOUBLE FRONTING LOTS
60
8.10 DWELLINGS ON A LOT
61
8.11 ENVIRONMENTAL SITE CONDITIONS
61
8.12 FENCES, WALLS, AND HEDGES
62
8.13 FIRESMART
62
8.14 HEAVY VEHICLES AND TRAILERS
63
8.15 HISTORIC RESOURCES
63
8.16 HOME OCCUPATIONS
63
8.17 LANDSCAPING
65
8.18 MANUFACTURED HOMES
67
8.19 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
67
8.20 PARKING AND ACCESS
67
8.21 PROTECTION FROM EXPOSURE HAZARDS
68
8.22 RECREATIONAL VEHICLES
68
8.23 RESERVES
70
8.24 SHORELINE
70
8.25 RETAINING WALLS
71
8.26 SEA CANS
71
8.27 SIGNS
71
8.28 SUITES
72
8.29 SITE GRADING AND DRAINAGE
73
8.30 WASTEWATER
74
9.
LAND USE DISTRICTS76
9.1
ESTABLISHMENT
76
9.2
BOUNDARIES
76 10.
R1 -RESIDENTIAL SMALL LOT DISTRICT78
11.
R2 -RESIDENTIAL LARGE LOT DISTRICT80
12.
C -COMMERCIAL DISTRICT82
13.
P -COMMUNITY RESERVE DISTRICT83
14.
N -NATURAL ENVIRONMENT DISTRICT84
15.
LAND USE DISTRICT MAP86
ADMINISTRATION andPURPOSE
1.
ADMINISTRATION AND PURPOSE1.1
Title
1.
The title of this bylaw shall be the Land Use Bylaw of the Summer Village of Island Lake. 1.2
Application
1.
The provisions of this bylaw apply to all lands within the boundaries of the Summer Village of Island
Lake. 1.3
Purpose
1.
The purpose of this bylaw is to regulate and control the use and development of land and buildings
within the municipality to achieve the orderly and economic development of land, and:
a.
to divide the municipality into districts;
b. to prescribe and regulate for each district the purposes for which land and buildings may be
used unless the district is designated as a direct control district pursuant to section 641 of the
Municipal Government Act, R.S.A. 2000, c. M-26, as amended;
c.
to establish the office of Development Authority;
d. to establish a method of making decisions on applications for development permits including
the issuing of development permits;
e. to provide the manner in which notice of the issuance of a development permit is to be given;
f.
to establish the number of dwelling units permitted on a parcel of land;
g.
to protect the shoreline and water quality of Island Lake; and
h. to follow adopted statutory plans, the Municipal Government Act, R.S.A. 2000, c.M-26, as
amended; the Subdivision and Development Regulation, AR43/2002, as amended; and the
Provincial Land Use Polices or, where applicable, a regional plan adopted under the Alberta
Land Stewardship Act, S.A. 2009, c. A-26.8, as amended. 1.4
Conformity with the Land Use Bylaw
1.
No person shall commence any subdivision or development unless it is in accordance with the terms
and conditions of this bylaw. 1.5
Compliance
1.
Compliance with the requirements of this bylaw does not exempt a person from:
a.
the requirements of any intermunicipal or municipal plans or bylaws;
b. the requirements of any federal or provincial legislation; and
c.
complying with any easement, covenant, agreement or contract affecting the development. 1.6
Severability Provision
1.
It is the intention of the Council that each separate provision of this bylaw shall be deemed independent
of all other provisions, and it is further the intention of Council that if any provision of this bylaw be
declared invalid, that provision shall be severed and all other provisions of the bylaw shall remain in
force and effect. 1.7
Measurements
1.
Within this bylaw, both metric and imperial measures are normally provided, with the imperial
measures within brackets.
2.
The metric measurement shall take precedence for the purposes of interpretation of this bylaw.
3.
Imperial measures are approximate and are provided only for information. 1.8
Definitions
For the purposes of the interpretation of this bylaw:
1.
means a building which is separate and subordinate to the principal building on a lot,
the use of which is incidental to that of the principal building located on the same
lot. Accessory buildings include, but are not limited to, sheds, garages, suites and
boathouses.
2.
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.
means the Municipal Government Act, R.S.A. 2000, c M-26, as amended.
4.
means land that is contiguous to a particular parcel of land and includes:
a.
land that would be contiguous if not for a highway, road, river or stream;
and
b.
any other land identified in this bylaw as adjacent for the purpose of
satisfying Section 4.6 of this bylaw.
5.
means owners of land that is contiguous to the land that is the subject of an
application, and includes owners of:
a.
land that would be contiguous if not for a highway, road, river or stream;
and Figure 1:Adjacent Land
b.
any other land identified in this bylaw as adjacent for the purpose of
satisfying Section 4.6 of this bylaw.
6.
means any word, letter, model, picture, symbol, logo, device or representation on a
sign, whether illuminated or not, which is, wholly or in part, for the purpose of
advertisement, announcement or direction.
7.
means an agricultural operation as defined in the Agricultural Operation Practices Act,
R.S.A. 2000, c. A-7, as amended.
8.
means the keeping of honey bees for honey production, and includes a place where
bee colonies (beehives) are kept on a site and where raw honey is processed and
stored.
9.
means the person applying for a development permit, who shall be the registered
owner(s) of the land to be developed or the representative or agent of the owner(s),
duly authorized by the owner in writing to make application on behalf of the
owner(s) as evidenced on the application form.
10.
means the portion of a building which is wholly or partially below grade, having
above grade no more than 1.8 m (5.9 ft.) of its clear height which lies below the
finished level of the floor directly above.
11.
means a development within a dwelling which possesses a dwelling unit where
temporary sleeping accommodations, up to a maximum of three bedrooms, with or
without meals, are provided for remuneration to members of the public.
12.
means an assessment of potential biophysical impacts from proposed land
development and recommend appropriate mitigation measures to inform
neighbourhood design and ensure long-term viability of retained Environmentally
Significant Areas (ESA) and natural features.
13.
means a hoist installed within a waterbody for the purpose of raising boats and
other watercraft from, or lowering into, a waterbody.
14.
means an accessory building located between the legal bank of the lake and the
principle building on the site used primarily for the storage of watercraft and items
associated with aquatic recreation. A boat house shall not include suites, and shall
not contain cooking, bathing or sleeping facilities.
15.
includes anything constructed or placed on, in, over, or under land but does not
include a highway, road or bridge forming part of a highway or road.
16.
see "Height."
17.
means a row of trees, shrubs, berming or fencing to provide visual screening and
separation between sites and incompatible land uses.
18.
means a development which has been planned and improved to be used and
maintained for a seasonal period for campers consisting of stalls or sites which
provide, for payment of a fee, a site for the locating of a tent (but not recreational
vehicles) for overnight accommodation and may include facilities or amenities
subordinate to temporary overnight accommodation.
19.
means a development which has been planned and improved to be used and
maintained for a seasonal period for campers consisting of stalls or sites which
provide, for payment of a fee, a site for the locating of a tent or recreation vehicle
for overnight accommodation and may include facilities or amenities subordinate to
temporary overnight accommodation.
20.
means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act and its
regulations, as amended from time-to-time and includes edible products that
contain cannabis.
21.
means an item or object that is commonly used in the consumption or production of
cannabis. A cannabis accessory includes, but is not limited to, rolling papers or
wraps, holders, pipes, water pipes and vaporizers.
22.
means a development, or any part thereof, licensed to sell cannabis to the public for
consumption within the premises.
23.
means a development in a stand-alone building used principally for one or more of
the following activities as it relates to cannabis:
a.
the production, cultivation, and growing of cannabis;
b.
the processing of raw materials;
c.
the making, testing, manufacturing, assembling, destruction or in any way
altering the chemical or physical properties of semi-finished or finished
goods or products;
d.
the storage or trans-shipping of materials, goods and products; or
e.
the distribution and sale of materials, goods and products to cannabis retail
stores.
Medical cannabis production and distribution facilities shall not include storefront
retail sales.
24.
means a retail store licensed by the Province of Alberta where cannabis and
cannabis accessories are sold to individuals who attend the premises.
25.
means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun.
26.
means a roofed structure used for storing or parking of not more than two private
vehicles which has no less than 40% of its total perimeter open and unobstructed.
27.
means a facility used for the cleaning of motor or marine vehicles, such as cars,
trucks, boats, recreational vehicles and motorcycles.
28.
means a moveable item of personal property.
29.
means a business through which products, services, or entertainment are available
to consumers, whether the general public or other commercial establishments.
30.
means a plan provided by a development proponent that includes strategies to
manage activities during active and post construction phases of a development.
Construction management plans include strategies to implement low impact
development techniques and best management practices for stormwater
management.
31.
means the Council of the Summer Village of Island Lake.
32.
means the lowering of a curb, sidewalk or boulevard to provide vehicular access to a
parcel.
33.
means an accessory use within a dwelling unit used to provide care and supervision,
for adults or children in accordance with the Child Care Licensing Act, S.A. 2007, c.
10.5, as amended, as well as any other applicable provincial or federal legislation.
34.
means an establishment licensed by the provincial and/or regional child and family
services authority intended to provide care, educational services and supervision for
children under the age of 15 years for a period less than 24 consecutive hours at a
time. This use includes group daycare centres, out-of-school centres, nursery or play
schools and drop-in centres which satisfy this definition but does not include: day
homes, family care facilities, group homes and group care facilities.
35.
means any open structure attached to a building having a height greater than 0.6 m
(2.0 ft) above grade, and thereby requiring stairs and railings as outlined in
regulations approved under the Safety Codes Act. A deck shall not have walls higher
than 1.25 m (4.1 ft).
36.
means the tearing down, wrecking, destroying, or removal of a development, and is
considered a form of development.
37.
means an owner, agent or any person, firm or company required to obtain or having
obtained approvals for development or subdivision.
38.
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 and under the 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 the 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;
and without restricting the generality of the foregoing, includes:
e.
in the case of a lot used for residential purposes, alterations made to a
building or an additional building on the lot, whether or not the building is a
dwelling or part of a dwelling unit;
f.
in the case of a lot used for purposes other than residential, alterations or
additions made to a building on the lot or a use of the lot which would
increase either the capacity of the building or the intensity of use of the lot;
g.
the display of advertisements or signs on the exterior of a building or on
any land;
h.
the deposit of earth, debris, waste materials, refuse, or any other material
on any land, including land already being used for that purpose, or if the
natural topography or drainage is altered;
i.
any increase in the number of households occupying and living in any
building or on any site, and any construction or alterations or additions
which would provide for an increase in the number of households which
could occupy and live in any building or on any site, including any increase
in the number of dwelling units in a building or on a site;
j.
the placing of refuse or waste material on any land;
k.
the recommencement of the use to which land or a building has been
previously put if that use has been discontinued for a period of more than
six months;
l.
the use of land for the storage or repair of motor vehicles or other
machinery or equipment;
m.
the continued use of land or of a building for any purpose for which it is
being used unlawfully when this bylaw comes into effect;
n.
the demolition or removal of a building;
o.
the placement of an already constructed or a partially constructed building
on a parcel of land;
p.
the use of land for the parking of trailers, bunk houses, portable dwellings,
skid shacks, or any other type of portable building whatsoever, whether or
not the same has been placed or affixed to the land in any way;
q.
the removal of topsoil from land;
r.
the installation of any type of sewage disposal system including, but not
limited to, holding tanks; or
s.
the digging of a well or installation of a water cistern.
39.
means the Development Authority established by this bylaw and as appointed by
Council.
40.
means the person(s) appointed to the Office of Development Authority Officer, as
established by this bylaw.
41.
means a document authorizing a development issued pursuant to this bylaw.
42.
means the time at which, in the sole opinion of the Development Authority,
substantial construction activity, or a non-conforming use or conforming use, or the
use of a non-conforming building or conforming building has ceased.
43.
means the use of land or a building provided for in this bylaw for which a
development permit may or may not be issued, at the discretion of the
Development Authority. Discretionary uses are listed in the districts in which they
may be considered.
44.
means a structure built over or floating upon a waterbody or shoreline and used as a
landing place for boats and other marine transport, fishing, swimming and other
water-related recreational uses.
45.
means an animal which is normally kept inside a dwelling. Domestic pets include
dogs, cats, parrots and similar-sized animals, but do not include livestock.
46.
means an establishment possessing a Class A Minors Prohibited liquor license where
the sale and consumption of liquor on site are open to the public and where alcohol,
rather than food, is the predominant item consumed. A drinking establishment does
not include an entertainment establishment or a cannabis consumption facility.
47.
means any building used exclusively for human habitation and which is supported on
a permanent foundation or base extending below ground level. This definition shall
include single detached dwellings, modular dwellings and manufactured home
dwellings, but not suites.
48.
means a dwelling, constructed in or after 1991 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 (CSA) 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").
A manufactured home does not include a modular home, single detached dwellings,
suite or recreational vehicles.
49.
means a single detached dwelling constructed in large sections, away from the home
site, and under controlled conditions. It does not refer to a type of dwelling but
rather to a method of construction. A modular dwelling does not include a park
model.
50.
means a development containing two or more dwelling units and includes
residential uses such as duplexes, triplexes and apartment buildings.
51.
means a building consisting of one dwelling unit. A single detached dwelling is a
dwelling which is normally constructed onsite. 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 onsite, and thus may be a modular dwelling.
Single detached dwellings do not include manufactured home dwellings or
recreational vehicles.
52.
means a complete dwelling or self-contained portion of a dwelling, or a set or suite
of rooms which contains sleeping, cooking and separated or shared toilet facilities
intended for domestic use, and used or intended to be used permanently or semi-
permanently as a residence for a household, and which is not separated from direct
access to the outside by another separate dwelling unit.
53.
means a right to use land, generally for access to other property or as a right-of-way
for a public utility.
54.
means an eating establishment where patrons have the option to purchase food and
non-alcoholic beverages from their vehicle and will consume the food and beverages
offsite.
55.
means a commercial development where food and beverages are prepared and
served for consumption onsite by the public either outside or inside the confines of
the establishment. This use does not include a cannabis consumption facility.
56.
means the assembly for education, training or instruction.
57.
means an environmental reserve as determined in accordance with the Act which is
land designated as environmental reserve on a plan of subdivision.
58.
means an environmental reserve easement as determined in accordance with the
Act.
59.
means the average of the highest (A) and lowest (B) elevation of finished surface of
the ground where it meets the exterior main walls of a building or the average
elevation of the finished grade of the ground immediately surrounding a structure,
exclusive in both cases of any artificial embankment or entrenchment.
Figure 2: Established Grade
60.
means any breaking of ground, except common household gardening and ground
care.
61.
means the outermost point of a building projection, including, but not limited to, bay
windows, oval windows, chimneys and verandas, but not including roof overhangs
less than 0.6 m (2.0 ft).
62.
means development for the primary production of farm products such as dairy
products, poultry products, cattle, hogs, sheep and other animals; wheat or other
grains; and vegetables or other field crops in rural and peri-urban areas. This does
not include cannabis production and distribution, unless operating pursuant to a
registration certificate issued by the federal government for personal production or
designated personal production for medical cannabis.
63.
means the cultivation and harvesting of plant and/or animal products primarily
within enclosed buildings for the primary purpose of wholesale or retail sales.
Accessory activities may include onsite sales, composting of plants grown onsite,
outdoor storage and food packaging and processing. Typical activities include
vertical farms, hydroponic systems and aquaponics systems. This use does not
include livestock operations, rural farms, urban outdoor farms or cannabis
production and distribution, unless operating pursuant to a registration certificate
issued by the federal government for personal production or designated personal
production for medical cannabis.
64.
means the cultivation and harvesting of plant and/or animal products in urban areas,
primarily as an interim use on idle or underused land for the primary purpose of
wholesale or retail sales. Cultivation and harvesting may occur within unenclosed
structures primarily lit by natural light and used for the extension of the growing
season, such as cold frames and greenhouses. Accessory structures may include
those used for the operation of the site.
Accessory activities may include onsite sales, composting of plants grown onsite or
outdoor storage. This use does not include livestock operations, rural farms or
cannabis production and distribution, unless operating pursuant to a registration
certificate issued by the federal government for personal production or designated
personal production for medical cannabis.
65.
means a physical barrier constructed from typical building material for the purpose
of providing aesthetic decoration, visual screening, sound abatement or to prevent
unauthorized access.
66.
means a program developed in Alberta by Partners in Protection (or any successor
program thereto) to educate stakeholders on the risks of developing in the Wildland
Urban Interface and methods to reduce the risk of wildfire to developments.
67.
means the lower portion of a building and includes the footings which transfer the
weight of and loads on a building to the ground. Though normally below grade, a
foundation may be above or at grade.
68.
means a parcel of land that is separated from the balance of a titled area by a
natural barrier such as a water body or a coulee, or by a physical barrier such as a
road or highway, either of which may prohibit reasonable or normal access.
69.
means an accessory building or that part of a principal building which is designed
and/or used primarily for the storage of motor vehicles, recreational vehicles, and
other chattels.
70.
means development used for the retail sale of gasoline, other petroleum products
and incidental auto accessories. This use does not include service stations.
71.
means an assessment prepared by a certified engineering geologist, detailing the
surface and subsurface conditions of a site and delineating areas of a property that
might be subject to specified geologic hazards.
72.
means the line created within the wall of a building measured from the center of the
windowpane glass.
73.
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
predevelopment elevation of the subject parcel varies by no more than 1 m
in 30 linear m, 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 predevelopment 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.
74.
means the growing, storage and basic processing of fruits, vegetables, household
and ornamental plants, and may include the sales or their products or by-products.
This use does not include cannabis grown for medical or recreational purposes.
75.
means the total area of all floors of all buildings on a site above grade within the
outside surface of exterior walls or within the glassline of exterior walls and the
centreline of fire walls, but not including the floor area of basements, attached
garages, accessory buildings, open porches or breezeways.
76.
see "Suite, Guest House."
77.
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.
78.
See "Vehicle, Heavy."
79.
means a highway or proposed highway that is designated as a highway pursuant to
the Public Highways Development Act, R.S.A. 2000 C. P-38 as amended. Figure 3: Height
80.
means a building, structure, or area designated by a municipal, provincial or federal
authority to be historically significant.
81.
means a document prepared by a qualified professional that determines the
presence of historical resources in potential conflict with a proposed subdivision or
development, as required by the Historical Resources Act.
82.
means any business, occupation, trade, profession or craft that is carried on as a
secondary use within a dwelling and/or within an approved accessory building by a
permanent resident of the dwelling. A major home occupation does not change the
character of the dwelling in which it is located or have any exterior evidence of
secondary use other than a small sign as provided for in this bylaw. Major home
occupations may generate some external impacts on the neighbourhood due to
regular business activities. These impacts may include traffic generation due to client
visits to the site, dust, noise due to use of equipment on the site, or visual impacts
due to outdoor storage.
A major home occupation does not include adult entertainment services, day
homes, bed and breakfast establishments, dating or escort services or veterinary
services.
83.
means any business, occupation, trade, profession or craft that is carried on as a
secondary use within a dwelling (but not an approved accessory building) by a
permanent resident of the dwelling. A minor home occupation does not change the
character of the dwelling in which it is located or have any exterior evidence of
secondary use other than a small sign as provided for in this bylaw.
A home occupation does not include adult entertainment services, bed and
breakfast establishments, dating or escort services or veterinary services.
84.
means a development where members of the traveling public are lodged for brief
periods of time, normally not exceeding seven days, in rentable units. A hotel may
not include eating establishments, drinking establishments, meeting rooms, personal
services shops, retail stores and entertainment establishments unless specifically
allowed as provided for in an approved development permit and specifically
approved by the Development Authority.
85.
mean an assessment of additive and cumulative demands on water resources from a
proposed land use or development on a defined assessment area, prepared by a
qualified professional.
86.
means the use of land, buildings or other structures for non-commercial public or
social purpose. Uses include but are not limited to libraries and cultural exhibits,
community halls, information kiosks, memorials and cemeteries, but do not include
detoxification centres or remand and/or correction centres.
87.
means a development in which domestic pets are maintained, boarded, trained,
cared for, bred or raised for remuneration or for sale, or the keeping of more than
one unsprayed female domestic pet over the age of six months.
88.
means the modification and enhancement of a site through the use of any or all of
the following elements:
a.
"soft-landscaping" consisting of vegetative materials such as trees, shrubs,
hedges, grass, ground cover, wood chips and gardens;
b. "hard-landscaping" consisting of non-permeable materials such as brick,
stone, concrete, tile and wood, excluding monolithic concrete and asphalt.
89.
means the boundary line of a lot lying adjacent to a highway or road. In the case of a
corner lot, the shorter of the two boundary lines adjacent to the highway or road
shall be considered the front line.
90.
means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a highway or road.
91.
means the boundary line of a lot lying between a front line and a rear line of a lot. In
the case of a corner lot, the longer of the two boundary lines adjacent to the road
shall be considered a side line.
92.
is as defined in the Agricultural Operation Practices Act.
93.
is as defined in the Agricultural Operation Practices Act.
94.
means an off-street area on the same lot as a building or group of buildings for the
temporary parking of a commercial vehicle while commodities are being loaded or
unloaded.
95.
means:
a.
a quarter section;
b.
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;
c.
a settlement lot shown on an official plan referred to in the Surveys Act that
is filed or lodged in a land titles office;
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 other than by reference
to a legal subdivision; or
e.
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; Figure 4: Examples of Lots
96.
means the total area of a lot as shown on a plan of subdivision or described in a
certified copy of a Certificate of Title. Lot area includes any area dedicated to an
easement or a right-of-way.
97.
means a lot with boundary lines on two separate roads or highways or a single road
or highway that curves at an angle of 60 degrees or more at the subject lot. For the
purposes of this definition, a road or highway shall include a lane.
98.
means the combined area covered by all buildings, structures, and non-permeable
surfaces on a lot, expressed as a percentage of the lot area, measured as the area of
the projection of the outline of the buildings, structures, and surfaces onto a
horizontal plane.
99.
means the average distance between front and rear lines of a lot.
100.
means a lot on which a habitable single detached dwelling has been constructed.
101.
means a lot which abuts two roads (except alleys or lanes as defined in the Traffic
Safety Act, R.S.A. 2000, c. T-06, as amended) which are parallel or nearly parallel
where abutting the lot, but does not include a corner lot.
102.
means a lot which is bordered by only one road.
103.
means a lot adjacent to a waterbody (or would be adjacent to a waterbody if not for
a reserve lot or public/Crown land parcel).
104.
means a lot which does not contain a residence, building or structure.
105.
means the length of a line parallel to the front line or, in a lot with a curved front
line, perpendicular to a line running between the mid-point of the front line and the
mid-point of the rear line, measured at a distance from the front line equal to the
minimum required front yard.
106.
see "Principal Building."
107.
see "Principal Use."
108.
means the upkeep of the physical form of any building, which upkeep does not
require a permit pursuant to the Safety Codes Act. Maintenance will include
painting, replacing flooring, replacing roofing materials and repair of any facility
related to a development, but will not include any activity that will change the
habitable floor area of any dwelling unit or the internal volume of any building.
109.
is an operative word meaning a choice is available, with no particular direction or
guidance intended.
110.
means the Summer Village of Island Lake unless otherwise noted. Figure 5: Examples of Lakefront Lots
111.
means a building or use owned, operated or predominantly utilized by a municipality
in order to provide public services to the municipality.
112.
means areas of protected or conserved land or water on which development is
indefinitely set aside. The purpose of an open space area may include the
preservation or conservation of a community's natural or historic character; and the
conservation or preservation of a land or water area for the sake of recreational,
ecological, environmental, aesthetic, or agricultural interests.
113.
means an industry engaged in the extraction of natural resources such as clay, sand,
gravel, coal, peat, petroleum and natural gas, and which may include the processing
of these through primary treatment into a raw marketable form.
114.
means a building that:
a.
is lawfully constructed or lawfully under construction at the date a land use
bylaw or any amendment thereof affecting the building or the land on
which the building is situated becomes effective; and
b.
on the date the land use bylaw becomes effective does not, or when
constructed will not, comply with the land use bylaw.
115.
means a lawful specific use:
a.
being made of land or a building or intended to be made of a building
lawfully under construction at the date a land use bylaw affecting the land
or building becomes effective; and
b.
that on the date the land use bylaw becomes effective does not, or in the
case of a building under construction, will not, comply with the land use
bylaw;
116.
means any man-made surface which does not allow the absorption of water into the
ground at a predevelopment rate. A non-permeable surface consists of materials
such as (but not limited to) roofing materials, concrete, asphalt, unit pavers and
compacted gravel;
117.
means any use of, or activity upon, any property which in the opinion of a
Designated Officer of the summer village, the Province of Alberta, or the Royal
Canadian Mounted Police is dangerous to health, or has or may have a detrimental
impact upon any person or other property in the neighbourhood, or which creates
an unreasonable interference with the use or enjoyment of other property, and
without limiting the generality of the foregoing, includes the posting or exhibiting of
posters, signs, billboards, placards, writings or pictures upon any fence or wall on
any property, where the same are accumulated and become in a dilapidated and
unsightly condition whether or not their posting or exhibiting is permitted by this or
any other bylaw;
118.
means the use or intended use of a building or a part thereof for the shelter or support
of persons or property;
119.
means any person occupying or having control over the condition of any property and
the activities conducted on the property, and includes the owner, lessee, tenant or
agent of the owner;
120.
means, when used with reference to a development, a use which by its nature, or
from the manner of carrying on the same, creates or is liable to create by reason of
noise; vibration; smoke; dust or other particulate matter; odour; toxic or non-toxic
matter; radiation; fire or explosion hazard; heat; humidity; glare; or unsightly storage
of goods, materials, salvage, junk, waste or other materials, a condition which, in the
opinion of the Development Authority, may be or become a nuisance, or hazardous
or injurious as regards health or safety, or which adversely affects the amenities of
the neighbourhood, or interferes with or may interfere with the normal enjoyment of
any land, building or structure;
121.
means a non-municipal onsite sewage containment system that satisfies regulations
made pursuant to the Alberta Safety Codes Act, R.S.A. 2000, which may include a
holding tank, septic tank or evaporation mound.
122.
means land and water areas which are retained in an essentially undeveloped state
and often serve one or more of the following uses: conservation of resources;
ecological protection; recreation purposes; historic or scenic purposes;
enhancement of community values and safety; and/or maintenance of future land
use options.
123.
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, the person shown as the owner of the lot on
the current Certificate of Title.
124.
means an outdoor area where passive and active recreation activities may take
place, and which may include the placement of recreational equipment.
125.
means the area set aside for the storage and/or parking of vehicles and include
parking stalls, loading spaces, aisles, entrances and exits to the parking area, and
traffic islands where they are part of the parking area. A parking area may be within
a building.
126.
means an area for the parking vehicles that is located on a lot and not on a highway
or road, or the right-of-way for a highway or road.
127.
means a designated space for the parking of one vehicle in a parking area.
128.
means a recreational vehicle conforming to CSA standards or an equivalent, which
may be mounted on a single chassis or wheels; which can be relocated from time-to-
time; which has a maximum length of 12.8 m (42.0 ft) and a maximum width of 3.66
m (12.0 ft), excluding all extensions, pull outs, tip outs, etc.
129.
means the use of land or a building provided for in a land use bylaw for which a
development permit shall be issued upon application having been made, provided
that all of the regulations of this bylaw have been met to the satisfaction of the
Development Authority.
130.
means a building in which, in the sole opinion of the Development Authority, is the
main or principal use of the lot on which it is erected is conducted. There shall only
be one principal building on a site. A recreational vehicle, which is not a dwelling,
shall not be considered the principal building on a site.
131.
means the use which, in the sole opinion of the Development Authority, is the main
or principal use of the lot on which the use is located.
132.
means a building which is owned or leased by a department or agency of the federal
or provincial government or the municipality for purposes of public administration
and services and shall also include a building for the purpose of assembly,
instruction, culture or enlightenment, or for community-related activities.
133.
means a use undertaken by a department or agency of the federal or provincial
government or the municipality for public administration and services and shall also
include uses for the purpose of assembly, instruction, culture or enlightenment, or
for community-related activities.
134.
means day use areas, picnic sites and other similar uses.
135.
means a public utility, as defined in the Act.
136.
means a vehicular type unit primarily designed as temporary living quarters for
recreational camping, or travel use, which either has its own motor power or is
mounted or drawn by another vehicle.
A recreational vehicle may be, but is not limited to: a tent trailer, travel trailer, a fifth
wheel trailer, park model trailer, truck camper or motor home. A recreational vehicle
is not a dwelling, but shall be considered to be a dwelling unit when calculating lot
density.
137.
means an addition to, deletion from, or change to any building which does not
require a permit other than a plumbing, gas or an electrical permit pursuant to the
Safety Codes Act, R.S.A. 2000, c. S-01, as amended.
138.
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 an
Alberta Land Titles Office as reserve, environmental reserve or municipal reserve
parcels.
139.
means land designated Community Services Reserve (CSR) that may be used for
community services (e.g. library, fire station, etc.), pursuant to the Act.
140.
means land designated Conservation Reserve (CR) that could not be required to be
provided as environmental reserve, but which has environmentally significant
features and which the municipality wishes to protect and conserve, pursuant to the
Act.
141.
means land designated Environmental Reserve (ER) pursuant to the Act, when a
subdivision occurs in an area where some of the land is undevelopable due to
environmental factors.
142.
means land owned by the Summer Village and designated as Municipal Reserve
(MR) as defined under the Act. MR land does not include Environmental Reserve or
School Reserve as defined in the Act.
143.
means land designated Municipal and School Reserve (MSR) that may be used for
municipal and school purposes, pursuant to the Act.
144.
means land designated School Reserve (SR) that may be used for school purposes,
pursuant to the Act.
145.
means the occupation and use of land and buildings as dwellings, whether on a
seasonal or year-round basis.
146.
means a development used for the retail sale of a wide variety of consumer goods
including the following and such similar uses as: groceries and beverages, electronic
goods, furniture and appliances, hardware and home improvement supplies,
household goods, printed matter, confectionary, pharmaceutical and personal care
items, office supplies, stationary, etc. This use does not include cannabis retail sales.
147.
means a development used for the retail sale of any product, equipment, thing or
material of any kind primarily used, or intended to be primarily used, to produce,
process, package, store, inject, ingest, inhale or otherwise introduce into the human
body, a controlled substance as defined in the Controlled Drugs and Substances Act,
R.5.C.
This land use does not include: a licensed pharmacy under Section 5 of the
Pharmacy and Drug Act, R.S.A. 2000, c P-13; a medical practice, operated by a
physician, dentist or pharmacist as defined in the Health Professions Act, R.S.A., c. H-
7; or a veterinary practice, as defined in the Veterinary Profession Act, R.S.A. 2000, c.
V-2.
148.
means a structure designed and constructed to resist the lateral pressure of soil,
loose rock, or similar material, which creates a change to site grades.
149.
means land:
a.
shown as a road on a plan of survey that has been filed or registered in an
Alberta 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.
150.
means a container which is used as a storage vault and includes sea/land/rail
shipping containers.
151.
See "Suite, Secondary."
152.
means development used for the repair and sale of vehicle parts and accessories.
Service stations may include a convenience retail store and/or car wash. Service
stations do not include gas bars.
153.
means a distance additional to minimum yard requirements which may be required
on parcels adjacent to the roads.
154.
is an operative word which means the action is obligatory.
155.
means the line of the bed and shore of a waterbody.
156.
is an operative word which means that, in order to achieve local goals and
objectives, it is strongly advised that the action be taken. Exceptions shall be made
only under extenuating circumstances
157.
see "Dwelling, Single Detached."
158.
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.
159.
means a use which, in the opinion of the Development Authority, closely resembles
another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment. Figure 6: Example of Setbacks
160.
means a lot or parcel on which a development exists or for which an application for
a development permit is made.
161.
means a building that is constructed primarily on its site. Although some
components may be prefabricated off-site, the building is erected, framed and
finished on location using stock materials.
162.
means a part of a lot adjacent to two separate roads or lanes, or any combination of
them, or adjacent to a single road or lane that curves at an angle of 60 degrees or
more at the subject lot. The corner site shall be the triangular area formed by the
intersecting road or lane right-of-way boundary lines and a straight line joining
points on the road or lane right-of-way boundary line a distance of 6.0 m (19.7 ft)
from their intersection.
163.
means a plan drawn to scale showing the boundaries of the lot, the location of all
existing and proposed buildings upon that lot, and the use or the intended use of the
portions of the lot on which no buildings are situated, and showing fencing,
screening grassed areas, and the location and species of all existing and proposed
shrubs and trees within the development.
164.
means the complete system required to convert solar rays into useable electricity
for private use, including solar panels, mounting equipment and additional required
conversion electronics.
165.
means a subdivision authority established and appointed pursuant to Summer
Village bylaw and the Act.
166.
means the Subdivision and Development Appeal Board established by the Council in
accordance with the Subdivision and Development Appeal Board Bylaw adopted
pursuant to the Act.
167.
means any lot which is smaller, in area or in any dimension, than the minimum area
or dimension stipulated in the regulations of the land use district in which the lot is
located.
168.
means a self-contained dwelling unit, in the basement of a single family dwelling,
having a common access with a dwelling unit on the main floor.
169.
means a sleeping facility for temporary usage located within a detached garage and
located on a parcel with an existing single-detached dwelling. A garage suite may
have a bathroom, but shall not have a kitchen or other cooking facilities.
170.
means an accessory building (or portion of an accessory building) containing
sleeping facilities for temporary usage only and may have a bathroom, but shall not
have a kitchen or other cooking facilities. A guest house provides additional
accommodation for an existing single-detached dwelling located on the same parcel. Figure 7: Examples of Suites
171.
means a self-contained dwelling unit located within a single detached dwelling, and
may include cooking, sleeping and sanitary facilities.
172.
means a portable dwelling unit forming part of a development and used solely to
accommodate a person(s) related as a family, or employee whose official function is
to provide surveillance for the maintenance and safety of the development.
173.
means a period of time up to one year, or a period of time determined by the
Development Authority.
174.
means a development for which a development permit has been issued and which is
to exist for a limited time only, as determined by the Development Authority and
indicated in the conditions of the development permit.
175.
means a use that has been allowed to be located and/or operate for a limited time
only.
176.
means a licensed portable vehicular structure enclosed or unenclosed, that is
designed to be attached to or drawn by a motor vehicle and to transport property,
household goods, tools, equipment, supplies, off highway vehicles, etc. For the
purposes of this definition, a recreational vehicle is not a trailer.
177.
means a lot which does not contain a residence, building or structure.
178.
means the purpose or activity for which a site, a parcel of land, or a lot and any
buildings located on it are designed, arranged, developed, or intended, or for which
it is occupied or maintained.
179.
means a building, system or works to provide water, steam, sewage disposal,
transportation, irrigation, drainage, fuel, electric power, heat, waste management
and telecommunications for public consumption, benefit or use.
180.
means any vehicle, with or without a load, that exceeds a maximum gross vehicle
weight of 4,500 kg (10,080 lbs) or higher, or a bus with a designated seating capacity
of more than 10.
Heavy vehicles do not include recreational vehicles.
181.
means the composite of water and water-carried waste from a premises or any
other source.
182.
any location where water flows or is present, whether or not the flow or the
presence of water is continuous, intermittent or occurs only during a flood. This
includes, but is not limited to, wetlands and aquifers.
183.
is the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh or other
natural body of water, or a canal, ditch, reservoir or other artificial surface feature
and all other words and expressions have the meanings respectively assigned to them in the Act or in other acts
of the legislature or in common law.
made by humans, whether it contains or conveys water continuously or
intermittently.
184.
means an assessment prepared by a qualified professional and submitted with
Water Act applications where impacts to a wetland will occur. A wetland assessment
includes the identification and classification of wetlands, the delineation of the
wetland boundaries, and the results of the on and offsite Alberta Wetland Rapid
Evaluation Tool.
185.
means the length of a line parallel to the front line or, in a lot with a curved front
line, perpendicular to a line running between the midpoint of the front line and the
midpoint of the rear line, measured at a distance from the front line equal to the
minimum required front yard.
186.
means a part of a lot upon or over which no principal building is erected unless
otherwise provided in this bylaw.
187.
means (in the context of a corner lot) the longer of the two lines facing a street,
unless both are of equal length. If both are of equal length, then either lot line could
be considered a flanking yard (but not both).
188.
means that portion of the site extending across the full width of the site and lying
between the front lot line and the exterior wall(s) of the main building situated on
the site. For lakefront lots, the front yard is the yard closest to the lake.
189.
means that portion of the site extending across the full width of the site and lying
between the rear lot line and the exterior wall(s) of the main building situated on the
site. For lakefront lots, the rear yard is the yard furthest from the lake.
190.
means that portion of the site extending from the front yard to the rear yard and
lying between the side lot line and the nearest portion of the exterior wall(s) of the
main building.
AMENDING theLAND USE BYLAW
2.
AMENDING THE LAND USE BYLAW2.1
Process
1.
Subject to the Act, any section this bylaw may be amended in accordance with this bylaw.
2.
Council may at any time initiate an amendment to this bylaw by directing the Development Authority
Officer to initiate an application therefore.
3.
All applications for amendment to this bylaw shall be accompanied by the following:
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:
i. the legal description of the lands;
ii. a plan showing the location and dimensions of the lands; and
iii. a copy of the Certificate of Title for the land affected or other documents satisfactory
to the Development Authority indicating the applicant's interest in the said land that
is dated within 30 days of application;
d. the applicant's interest in the lands; and
e. an application fee to be established by resolution of council.
4.
If the amendment is for the redistricting of land, the Development Authority Officer may require:
a.
a conceptual scheme (or Area Structure Plan) for the area to be redistricted, to the level of
detail specified by the Development Authority Officer that provides Council with information to
determine:
i. if the site is suitable for the intended use;
ii. if the site can be reasonably and cost effectively serviced; and
iii. that the proposed amendment will not unduly impact the rights of adjacent
landowners to use and enjoy their property;
b. payment of a fee equal to the costs incurred by the municipality to review the proposed
redistricting and/or related conceptual scheme, or if necessary to prepare a conceptual
scheme; and
c.
technical studies requested by the Development Authority Officer to assess site suitability and
servicing requirements.
5.
Upon receipt of an application to amend this land use bylaw, the Development Authority 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 approved statutory plans, outline plans, or plans in
preparation;
c.
compatibility with surrounding development in terms of land use function and scale of
development;
d. traffic impacts;
e. relationship to (or impacts on) water and sewage systems, and other public utilities;
f.
relationship to municipal lands, rights-of-way, or easement requirements;
g.
effect on stability, retention and rehabilitation of desirable existing land uses, buildings, or
both in the area;
h. necessity and appropriateness of the proposed amendment in view of the stated intentions of
the applicant; and
i.
relationship to the documented concerns and opinions of area residents regarding
development implications.
6.
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority Officer shall:
a.
prepare a report with recommendations on the proposed amendment for Council and an
amending bylaw for consideration of first reading by Council;
b. notify by mail or deliver in person a written notice to landowners who are adjacent to the
parcel of land affected by the proposed amendment or to a larger area as directed by Council;
c.
provide notice of the public hearing to the applicant; the owner of the subject land if different
than the applicant; all directly adjacent property owners; and to any other individuals or
organizations identified by Council;
d. prepare a report and recommendation, including maps and other material, on the application,
prior to a public hearing on the application for amendment; and
e. inform the applicant of the recommendation to Council.
7.
At the same time as forwarding the application for amendment to Council, the Development Authority
may, at its sole discretion, refer the application for further information to any person or agency it
wishes.
8.
In considering an application for amendment to this bylaw, the Council 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 bylaw, with or without amendments; or
d. defeat first reading of a bylaw to amend this bylaw; or
e. pass first reading of an alternative amendment to this bylaw.
9.
Following its first consideration, the Council shall establish the date, time and place for a public hearing
on the proposed amendment.
10.
Following establishment of the date, time and place for a public hearing, the Development Authority, on
behalf of the municipality, shall issue a notice of the public hearing by:
a.
publishing notice at least once a week for two consecutive weeks in at least one newspaper or
other publication circulating in the area to which the proposed bylaw relates; or
b. mailing or delivering notice to every residence in the area to which the proposed bylaw relates.
11.
A notice of a public hearing must be advertised at least five days before the public hearing occurs.
12.
A notice must contain:
a.
a statement of the general purpose of the proposed bylaw and public hearing;
b. the address where a copy of the proposed bylaw and any document relating to it or the public
hearing may be inspected; and
c.
the date, place and time where the public hearing will be held.
13.
In the case of an amendment to change the Land Use District designation of a parcel of land, the
Development Authority Officer must, in addition to the requirements of Section 2.1.12:
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 Section 2.1.12 to the owner of that
parcel of land at the name and address shown on the Certificate of Title (or tax roll); and
c.
give written notice containing the information described in Section 2.1.12 to each owner of
adjacent land at the name and address shown for each owner on the tax roll of the
municipality.
14.
If the land referred to in Section 2.1.13 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.
15.
Notwithstanding Section 2.1.14, 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. 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.
16.
After considering any representations made at the public hearing and any other matter it considers
appropriate, Council may:
a.
pass the bylaw;
b. defer 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.
17.
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.
18.
After third reading of the bylaw, the Development Authority shall send a copy of it to:
a.
the applicant;
b. the registered owner of the land (if different from the applicant);
c.
the Summer Village's Subdivision Authority; and
d. the adjacent municipality, if it received a copy of the proposed bylaw, pursuant to Section
2.1.14. 2.2
Forms
1.
All applications for amendment to this bylaw shall be made to the Council on the form provided by the
municipality.
AUTHORITIES andAGENCIES
3.
AUTHORITIES AND AGENCIES3.1
Development Authority
1.
The Development Authority for the Summer Village of Island Lake is hereby established.
2.
The Development Authority shall be appointed by resolution of Council.
3.
The Development Authority shall perform such duties that are specified in this bylaw.
4.
The Development Authority shall be:
a.
the Development Authority Officer; and
b. the Municipal Planning Commission (MPC), with their duties and responsibilities as described
elsewhere in this bylaw.
5.
If the Development Authority Officer is to be making the decision on a development permit application,
the term "Development Authority", when used in this bylaw, shall be the Development Authority
Officer.
6.
If MPC is to be making the decision on a development permit application, the term" Development
Authority," when used in this bylaw, shall be MPC.
7.
The MPC shall be authorized to decide upon all development permit applications referred to it by the
Development Authority Officer and to issue such orders that it sees fit. 3.2
Development Authority Officer
1.
The position of designated officer for the limited purpose of exercising the powers, duties and functions
of a Development Authority Officer for the Summer Village of Island Lake is hereby established.
2.
Development Authority Officer(s) shall be appointed by resolution of the council.
3.
A Development Authority 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 a copy of this land use bylaw and all
amendments thereto;
b. keeping 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;
c.
collect fees according to the Summer Village of Island Lake Fees and Charges Bylaw;
d. sign, on behalf of the Development Authority, any order, decision, approval, notice or other
thing made or given by it.
3.3
Subdivision Authority
1.
The Subdivision Authority of the Summer Village of Island Lake shall be established by the
municipality's Subdivision Authority Bylaw.
2.
The Subdivision Authority shall be appointed by resolution of Council.
3.
The Subdivision Authority shall perform such duties as are specified in this bylaw and the
Subdivision Authority Bylaw. 3.4
Subdivision and Development Appeal Board
1.
The Subdivision and Development Appeal Board established by the Summer Village's Subdivision and
Development Appeal Board bylaw shall perform such duties as are specified in Section 6 of this bylaw. 3.5
Summer Village Council
1.
The Council shall perform such duties as are specified for it in this bylaw and shall decide upon all
development permit applications within Direct Control Districts.
CONTROL ofDEVELOPMEN
4.
CONTROL OF DEVELOPMENT4.1
Development Permits
1.
Development permits are required to ensure that all development is achieved in an orderly manner.
2.
No development other than that designated in Section 4.2 shall be undertaken within the municipality
unless an application for it has been approved and a development permit has been issued.
3.
In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant to ensure
and obtain other required provincial and federal approvals, permits and/or licenses.
4.
Further, in addition to meeting the requirements of this bylaw, it is the responsibility of the applicant to
ensure that their development is consistent with the conditions of any registered easements or
covenants which affect the subject site.
5.
Notwithstanding Section 4.2, where a variance to any regulation in this bylaw is required for any
development listed in Section 4.2, a development permit shall be required. 4.2
Development Not Requiring a Development Permit
1.
The following development shall not require a development permit:
a.
the carrying out of works of maintenance or repair to any building, provided that such works
do not include structural alterations or major works of renovation that would require a
building permit under the Alberta Safety Codes Act;
b. the completion and use of a building which was lawfully under construction on the date of the
first publication of the office notice required by the Act, provided that the building is
completed in accordance with the terms of any permit granted in respect of it and subject to
the conditions to which such permit was granted and provided also that the building, whether
or not a permit was granted in respect of it, is completed within a period of 12 months from
the said date of said approval;
c.
the use of any such buildings as referred to in Section 4.2.b for the purpose for which
construction was commenced;
d. the erection or maintenance of gates, wall, fences or other means of enclosure (other than on
corner lots) less than 1.0 m (3.3 ft) in height in front yards and less than 2.0 m (6.6 ft) in
height in side and rear yards and the maintenance, improvement and other alterations of any
gates, wall, fences, or other means of enclosure;
e. the development of retaining walls up to 1.2 m (3.9 ft) in height, located entirely within the
boundaries of the subject site;
f.
the erection or placement of a temporary building or sign, the sole purpose of which is
incidental to the erection or alteration of a building for which a permit has been issued under
this bylaw provided the temporary building or sign is removed within 30 days of substantial
completion or as determined by the Development Authority;
g.
a building or structure with a floor area of less than 10.2 m2 (110.0 ft2) and a maximum height
of 2.5 m (8.0 ft) which satisfies all other applicable requirements of the land use bylaw, and
provided no more than two such structures are located on the lot;
h. the erection of campaign signs for federal, provincial, municipal or school board elections on
privately-owned lots for no more than 30 days, or such time as regulated under provincial or
federal legislation provided that:
i. such signs are removed within 14 days after the election date;
ii. the consent of the property owner or occupant is obtained;
iii. such signs do not obstruct or impair vision or traffic; and
iv. such signs indicate the name and address of the sponsor and the person responsible
for removal;
i.
the placement of one sign on internal sites, or two signs on corner sites advertising a
residential property for sale or rent displayed on the property to which it (or they) pertain(s)
during the time the property is being offered for sale or rent, with removal to be within one
day after the sale or rental agreement has been entered into, provided that such signs are a
maximum of 0.6 m2 (6.5 ft2) in area and provided further that such signs are placed or
erected no closer than 3.0 m (10.0 ft) to a road right-of-way;
j.
development within a basement which does not change or add to the uses within a dwelling;
k.
the removal of top soil in conjunction with a development for which a development permit
has been issued as per the requirements of Part 8.18 of this bylaw;
l.
grading and/or landscaping where the proposed grades will not adversely affect the drainage
of the subject or adjacent lots, but does not include stockpiling or excavation or landscaping
that would be inconsistent with an approved landscaping plan;
m. hard-surfacing of any yard area on a parcel for the purpose of providing vehicular access from
a public roadway to an on-site parking stall, provided that such hard-surfacing does not
adversely affect the drainage of the subject or adjacent lots;
n. the erection of towers, satellite dishes, electronic equipment and other poles that does not
exceed the height of the tallest building on the lot;
o. the demolition or removal of a building that would not require a development permit to place
or construct on a lot pursuant to this subsection; and
p. the temporary development of a maximum of one tented structure used for storage. The
tented structure must be well-maintained and securely anchored. Setback and height
requirements for accessory buildings shall apply to temporary tented structure.
2.
Notwithstanding any provision of Section 4.2.1 above, an approved development permit will be
required for any addition to a building, including a recreational vehicle. The approval of any such
development permit application will be entirely at the discretion of the Development Authority who
will have regard for yard setback requirements and the Alberta Building and Safety Code Act. 4.3
Non-Conforming Buildings and Uses
1.
Buildings and uses which do not conform to this bylaw are subject to the provisions of the Act
respecting non-conforming uses and buildings, which define the conditions under which they may be
continued or altered.
2.
A non-conforming use of land or a building may be continued, but if that use is discontinued for a
period of six consecutive months or more, any future use of the land or building must conform to this
bylaw.
3.
A non-conforming use of part of a building may be extended throughout the building. The building,
whether or not it is a non-conforming building, may not be enlarged or added to and no structural
alterations may be made thereto or therein.
4.
A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any
other part of the lot and no additional buildings may be constructed upon the lot while the non-
conforming use continues.
5.
A non-conforming building may continue to be used but the building may not be enlarged, added to,
rebuilt or structurally altered except:
a.
to make it a conforming building;
b. for the routine maintenance of the building, if the Development Authority considers it
necessary; or
c.
in accordance with the powers possessed by the Development Authority pursuant to the Act
and this bylaw to approve a development permit despite any non-compliance with the
regulations of this bylaw.
6.
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of
the building above its foundation, the building may not be repaired or rebuilt except in accordance with
this bylaw.
7.
The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy
of the land or building. 4.4
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:
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 Officer;
and
d. a statement of ownership of the land and the interest of the applicant therein.
2.
In making a decision, 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. When requesting additional information, the
Development Authority shall provide in writing a rationale for why the additional information is
necessary. Such information may include (but is 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. drainage plans;
i.
a construction management plan;
j.
a hydrogeological assessment;
k.
a geotechnical assessment;
l.
a wetland assessment;
m. a biophysical assessment;
n. a historic resource impact assessment;
o. in a residential district, 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;
p. future development plans for a site which is to be partially developed through the
applicable development permit;
q. 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;
r.
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;
s.
a statutory declaration indicating that the information supplied is accurate; and
t.
for a moved in (relocated) building, pictures of the exterior of the structure which
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.
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.
6.
If the applicant fails to submit all the outstanding information and documents on or before the
date referred to in Part 4.5.5, the application is deemed refused.
7.
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.
8.
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.
9.
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 months.
10.
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 main building or main use on the lot as part of the
application. 4.5
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 Part 4.5.1 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 Officer does not make a determination within 20 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, a rationale for why the outstanding documents are necessary, and provide a date by which
the documents or information must be submitted in order for the application to be considered
complete.
6.
Despite that the Development Authority Officer has issued an acknowledgment under Part 4.5.4 or Part
4.5.5, 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. 4.6
Development Permits and Public Notification
1.
A decision of the Development Authority Officer on an application for a development permit must be in
writing and a copy of the decision, together with a written notice specifying the date on which the
written decision was given and containing any other information required by the regulations, must be
given or sent to the applicant on the same day the written decision is given.
2.
When a development permit has been issued for a permitted use and no variance to any regulation has
been granted, the Development Authority Officer shall (on the same day the decision is given) give (or
send) a decision on a development permit application by regular mail to the applicant and post a notice
on the Summer Village's website, indicating the disposition of the application. Mailing the notice is not
required when an applicant picks up a copy of the decision.
3.
In addition to 4.6.1 and 4.6.2, within five working days after a decision on a development permit
application for a discretionary use or after a variance to any regulation has been granted, the
Development Authority Officer shall:
a.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all
affected adjacent land owners as identified on the Summer Village's assessment roll, to
provide notice of the decision and right of appeal; and
b. post notice of the decision on the Summer Village's website; and
c.
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; or
d. within ten 10 days of the date such a development permit is issued, publish a notice of the
decision in a newspaper circulating in the municipality for two consecutive weeks.
4.
The notice indicated in Parts 4.6.2 and 4.6.3 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
e. how an appeal might be made to the Subdivision and Development Appeal Board and the
deadline for such appeal.
5.
Except for those permits described in Part 4.6.2 hereof, a permit granted pursuant to this Part does not
come into effect until 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 fifth 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.
6.
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.
7.
If the development authorized by a permit is not commenced within 12 months from the date of the
issue of the development permit, and substantially completed within 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.
8.
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.
9.
The applicant may be responsible for any damages to public or private property occurring as a result of
development.
10.
A decision of the Development Authority on an application for a development permit shall be given in
writing.
11.
When a Development Authority refuses an application for a development permit, the decision shall
contain reasons for the refusal. 4.7
Development Agreement
1.
The Development Authority may require that as a condition of issuing a development permit, the
applicant enter into an agreement to:
a.
construct or pay for the construction of culverts, 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. 4.8
Variance Provisions
1.
The Development Authority 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 a development permit even though
the proposed development does not comply with the regulations of this bylaw or if the
development is to be a rebuilding, an enlargement, an addition or a structural alteration of a non-
conforming building if, in the opinion of the Development Authority the proposed development
conforms to the use prescribed for that land or building in this bylaw and would not:
a.
unduly interfere with the amenities of the neighbourhood; and/or
b. materially interfere with or affect the use, enjoyment or value of neighbouring parcels of
land.
3.
A variance shall be considered only where warranted by the merits of the proposed development
and in response to irregular parcel lines, parcel shapes or site characteristics which create
difficulties in siting structures within the required setback or in meeting the usual bylaw
requirements. Except as otherwise provided in this bylaw, there shall be no variance from the
following:
a.
lot coverage; and
b. building height.
4.
Where a variance is granted, the nature of the approved variance shall be specifically described in
the development permit approval.
5.
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. 4.9
Cancellation
1.
The Development Authority may cancel a development permit if:
a.
the development permit was issued in error; or
b. the permit was issued on the basis of incorrect information.
CONTROL ofSUBDIVISION
5.
CONTROL OF SUBDIVISION5.1
Application Requirements
1.
All subdivision applications for lands within the Summer Village of Island Lake shall comply with the
provisions under this Section.
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.
Multi-lot subdivisions shall be developed in accordance with the provisions of the land use district
affecting the subject site at time of application.
4.
If the proposed subdivision requires an environmental assessment under the Canadian Environmental
Assessment Act, the applicant shall file an environmental assessment in accordance with the Canadian
Environmental Assessment Act. A copy of the environmental assessment shall be submitted with the
subdivision application.
5.
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.
6.
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.
7.
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 rights-of-way of each public utility, if required; and
iv. other rights-of-way, 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.
8.
The Summer Village may also require an applicant to submit to the Subdivision Authority any or all of
the following:
a.
a figure showing topographic contours at no greater than 1.5 m (4.9 ft) intervals;
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 or highest and most frequent rain event series relevant to
flooding of the land;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 miles) 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 miles) of a sour gas facility, a map showing the location of the sour gas facility; and
h. where the proposed subdivision is staged or includes only a portion of the developable area
within the subject site, an approved Area Structure Plan or Outline Plan that relates the
application to future subdivision and development of adjacent lands. 5.2
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; and
d. issue notices in writing as required in the Act.
2.
Notice of Complete or Incomplete Application:
a.
The Subdivision Authority shall within 20 days of the receipt of an application for subdivision,
determine whether the application is complete.
b. The time period referred to in Section 5.2.2.a may be extended by an agreement in writing
between the applicant and the Subdivision Authority or, if applicable, in accordance with the
land use bylaw made pursuant to section 640.1(a) of the Act.
c.
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.
d. 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.
e. 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.
f.
If the applicant fails to submit all the outstanding information and documents on or before the
date referred to in Section 5.2.2.e, the Subdivision Authority must deem the application to be
refused.
g.
Despite that the Subdivision Authority has issued an acknowledgment under Section 5.2.2.d or
5.2.2.e, in the course of reviewing the application, the Subdivision Authority may request
additional information or documentation from the applicant that the Subdivision Authority
considers necessary to review the application. 5.3
Duties of the Subdivision Authority
1.
Upon receipt of a completed subdivision application, the Subdivision Authority:
a.
shall approve, with or without conditions, a subdivision 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.
shall refuse an application for a subdivision if the proposed subdivision does not conform with
this bylaw, subject to Section 5.3.1.d;
d. may approve, with or without conditions, an application for subdivision that does not comply
with this bylaw if, in the opinion of the Subdivision Authority, the proposed subdivision:
i. would not unduly interfere with the amenities of the neighbourhood;
ii. would not materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
iii. conforms to the use prescribed for that land in this bylaw;
e. prior to making a decision, shall refer the subdivision application to any external agencies and
adjacent landowners for comment and may refer the subdivision application to any municipal
department as required. 5.4
Requirements and Conditions
1.
The Subdivision Authority shall abide by the requirements of and consider the matters indicated in
Sections 652 to 670 of the Act.
2.
Subdivision approvals must comply with Part 17 and 17.1 of the Act and the regulations therein.
3.
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.
4.
Where the development involves a subdivision of land, no development permit shall be issued until the
subdivision has been registered with Alberta Land Titles.
5.
More than one active subdivision application will not be allowed affecting a single titled area. Where a
subdivision is proposed for a titled area which is, at time of receipt of the new application, affected by
an active subdivision file, the new application will not be accepted and processed until the existing open
file has been closed or finalized to the satisfaction of the Subdivision Authority.
6.
The Subdivision Authority shall not approve a subdivision which is inconsistent with the Summer Village
of Island Lake Municipal Development Plan and/or the provisions of any statutory plans that affect the
land proposed to be subdivided.
7.
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 Summer Village) or as an
environmental reserve easement (private ownership is retained). The Summer Village may require that
the proponent provide hazard lands as environmental reserve as a condition of subdivision approval.
8.
Property taxes must be up to date prior to final endorsement of any subdivision within the Summer
Village.
9.
The developer may be required to provide for inclusionary housing in accordance with the Act and the
regulations therein.
10.
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.
PROCESS forAPPEALS
6.
PROCESS FOR APPEALS6.1
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 6.1.1, 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 6.1.1 and 6.1.2, 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 6.1.1, 6.1.2 and 6.1.3, 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 Subdivision and Development Appeal Board of the Summer Village.
7.
An appeal with respect to an application for a development permit may be made by a person
identified in Section 6.1.1 may be made by serving a written notice of appeal to the board hearing
the appeal:
a.
within 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 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.
8.
An appeal with respect to an application for a development permit may be made by a person
(identified in Section 6.1.2) by serving a written notice of appeal to the board hearing the appeal
within 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 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.
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 6.1.1 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 6.1.2, 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. 6.2
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.
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 Subdivision and Development Appeal Board of the
Summer Village.
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. 6.3
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.
ENFORCING theLAND USE
7.
ENFORCING THE LAND USE BYLAW7.1
General Provisions
1.
Enforcement may be conducted by a Designated Officer through the issuance of a violation warning,
warning notice, final warning notice, stop order, violation tags or any other authorized action to ensure
compliance. 7.2
Prohibitions
1.
No person shall contravene or permit a contravention of this bylaw. No person shall commence or
undertake a development, use or sign that is not permitted by this bylaw.
2.
No person shall contravene a condition of a development permit or subdivision approval issued under
this bylaw.
3.
No person shall authorize or undertake any development that is not compliant with the description,
specifications or plans that were the basis for the issuance of a development permit.
4.
No person shall modify any description, specifications or plans that were the basis for the issuance of
any permit by the Development Authority. 7.3
Right of Entry
1.
After reasonable notice (a minimum of 48 hours) to the owner or occupier in accordance with the
Municipal Government Act, a Designated Officer may enter property at reasonable times (generally to
mean 7:30 AM to 10:00 PM) to ascertain if bylaw requirements are being met.
2.
Notice can be given to the owner or occupier of the lands in writing by one of the following means:
a.
Delivery to the person personally;
b. By leaving a copy for the person at the person's usual place of residence with someone
residing at that residence who has the appearance of being at least eighteen (18) years of
age;
c.
By recorded mail to the person's last known mailing address;
d. If an owner, by recorded mail to the owner's registered address on title; or
e. In the case of a corporation or partnership, by personal service upon a Director, Officer
or Person apparently in charge of the corporation's office, or by mailing a copy to such
person by recorded mail to the address for service listed with the Alberta Corporate
Registry.
3.
A person shall not prevent or obstruct a Designated Officer from carrying out any official duty under
this bylaw. If consent is not given, the Summer Village may apply to the Court of Queen's Bench for an
authorizing order.
7.4
Violation Warning
1.
A Designated Officer may issue a violation warning for minor offences by outlining the nature of the
violation, corrective measures that may be taken and the deadline for corrective measures. 7.5
Warning and Final Warning Notice
1.
A Designated Officer may issue a warning notice or a final warning outlining the nature of the violation,
corrective measures that may be taken and the deadline for corrective measures, or both. 7.6
Offenses and Fines
1.
A person who violates the provisions of this bylaw or permits a contravention of this bylaw, is guilty of
an offence and is liable to a fine for a first offence and for each subsequent offense as specified in the
Fees and Charges Bylaw.
2.
If the fine is not paid, the person is liable for imprisonment for not more than one year, or to both fine
and imprisonment. 7.7
Stop Orders
1.
On finding that a development, land use, or use of a building does not conform to the Municipal
Government Act or its regulations, a development permit or subdivision approval or the conditions of
either, or this bylaw, the Development Authority may, by written notice, direct the owner of the
property, the person in possession of the land, building, or sign, and/or the person responsible for a
contravention or any or all of them, to:
a.
stop the development or use of the land or building in whole or part as directed by the notice;
b. demolish, remove, or replace the development or landscaping; or
c.
carry out any other actions required by the notice for compliance.
2.
The notice shall specify a deadline for compliance.
3.
A person named in a stop order may appeal to the Subdivision and Development Appeal Board. 7.8
Enforcement of Stop Orders
1.
Subject to Section 542 of the Municipal Government Act, if a person fails to comply with the order of
the Development Authority, a Designated Officer, or the Subdivision and Development Appeal Board, a
Designated Officer may enter on the land or building and take any action necessary to carry out the
order.
2.
The Summer Village may register a caveat against the certificate of title for the land that is subject to
the order, provided that the caveat is discharged when the order has been complied with.
3.
The Summer Village's costs of carrying out any actions required for compliance may be added to the tax
roll of the land subject to the order. 7.9
Violation Tagsand Tickets
1.
In accordance with the Provincial Offences Procedures Act, a Designated Officer may issue to the
registered owner of the property specific offence(s):
a.
a violation tag of a violation issuing a warning notice;
b. a final warning notice; or
c.
a stop order;
where there is reasonable and probable grounds to believe there is a contravention of this bylaw.
2.
A violation tag may be issued to a registered owner either personally or by registered mail.
3.
The violation tag shall be in a form approved by the Summer Village and shall include the name of the
person thought to have created the contravention, the offence, the penalty for the offence, a
requirement that the penalty be paid within 30 days of issuance of the violation tag, the method by
which the tag may be paid and other information as may be required by the Summer Village.
4.
Offenses and related fines are as specified in the Fees and Charges Bylaw.
5.
Where a contravention is of a continuing nature, further violation tags may be issued.
6.
The registered owner to whom the violation tag is issued may, in lieu of being prosecuted, sign the plea
of guilty on the violation tag and pay the specified fine to the location indicated on the violation tag.
7.
If payment is not made within the time specified on the tag, a Designated Officer may issue a violation
ticket requiring the registered owner to whom the violation ticket is issued to appear in court on the
date specified in the summons portion of the ticket.
8.
Nothing in this Bylaw shall prevent a Designated Officer from immediately issuing a violation ticket for
the mandatory court appearance of any registered owner who contravenes any provision of this bylaw.
GENERAL andSPECIFIC REGU
8.
GENERAL AND SPECIFICREGULATIONS8.1
Accessory Buildings
1.
Within the R1 - Residential Small Lot District:
a.
Accessory buildings shall be located according to the following:
i. The maximum total combined floor area of all accessory buildings on a lot shall be
15% of the total lot area.
ii. The maximum total floor area of an accessory building on a lot shall be 111.5 m2
(1,200 ft2).
iii. All accessory buildings shall be no closer to the front yard than the closest portion of
the principal building.
iv. Notwithstanding 8.1.1.a.iii above, one boat house (with a maximum area of 13.9 m2
(150.0 ft2)) may be allowed, at the discretion of the Development Authority Officer,
within the front yard of a lakefront lot. The boat house must be setback a minimum of
2.0 m (6.6 ft) from the front property line.
v. Notwithstanding 8.1.1.a.iii above, one garage may be constructed within the front
yard of a backlot if the front wall of the garage is located a minimum of 6.0 m from
the front property line (see Figure 8).
vi. In making a decision whether or not to approve a development permit for an
accessory building in a front yard, the Development Authority will be guided by their
opinion of the need to preserve the views of adjacent properties towards the rear of
the lots, the aesthetic appearance of the front yards of properties, topography,
vegetation, buffering, and all other factors the Development Authority deems
appropriate.
vii. The floor area of an accessory building on a lot may be larger than the principal
building, at the discretion of the Development Authority.
viii. All accessory buildings shall be a minimum of 2.0 m (6.6 ft) from the principal building.
ix. Accessory buildings shall be situated so that the exterior wall is at least 1.2 m (3.9 ft)
from the side boundaries and 1.0 m (3.3 ft) from the rear boundary of the parcel.
x. Where an accessory building is a garage, vehicle access doors shall be a minimum of
6.0 m (20.0 ft) from the property line adjacent to a roadway or lane.
xi. No roof overhang shall be situated within 0.6 m (2.0 ft) of the side and rear property
boundary.
xii. An accessory building shall be located in such a manner that it does not encroach
upon easements and rights-of-way.
b. An accessory building shall not be used as a dwelling, unless specifically allowed in the Land
Use District in which the accessory building is located, and unless specifically provided for in
this bylaw.
c.
Notwithstanding any other provision of this bylaw, a maximum of one accessory building per
lot may be considered a permitted use.
Figure 8: Siting of Accessory Buildings
2.
Within the R2 - Residential Large Lot District:
a.
Accessory buildings shall be located according to the following:
i. The maximum total combined floor area of all accessory buildings on a lot shall be
223.0 m2 (2,400 ft2).
ii. The maximum total floor area of an accessory building on a lot shall be 223.0 m2
(2,400 ft2).
iii. All accessory buildings shall be no closer to the front yard than the closest portion of
the principal building.
iv. Notwithstanding 8.1.2.a.iii above, one garage may be constructed within the front
yard of a backlot if the front wall of the garage is located a minimum of 6.0 m from
the front property line (see Figure 8).
v. The floor area of an accessory building on a lot may be larger than the principal
building, at the discretion of the Development Authority.
vi. All accessory buildings shall be a minimum of 2.0 m (6.6 ft) from the principal building.
vii. Accessory buildings shall be situated so that the exterior wall is at least 1.2 m (3.9 ft)
from the side boundaries and 1.0 m (3.3 ft) from the rear boundary of the parcel.
viii. Where an accessory building is a garage, vehicle access doors shall be a minimum of
8.0 m (26.0 ft) from the property line adjacent to a roadway or lane.
ix. No roof overhang shall be situated within 0.6 m (2.0 ft) of the side and rear property
boundary.
x. An accessory building shall be located in such a manner that it does not encroach
upon easements and rights-of-way.
b. An accessory building shall not be used as a dwelling unless specifically allowed in the Land Use
District in which the accessory building is located, and unless specifically provided for in this
bylaw.
c.
Notwithstanding any other provision of this bylaw, a maximum of one accessory building per
lot may be considered a permitted use.
3.
The siting of an accessory building on an irregularly-shaped lot shall be as approved by the Development
Authority.
4.
The siting of an accessory building in the front yard of a backlot where the primary building is set back
far from the frontline of the lot may approved at the discretion of the Development Authority.
5.
An accessory building may be constructed on a lot prior to the development of the principal building at
the discretion of the Development Authority. 8.2
Bed and Breakfast Establishments
1.
A bed and breakfast establishment shall only be developed as an accessory use to a single detached
dwelling.
2.
A bed and breakfast establishment shall not change the principal character or external appearance of the
dwelling involved and shall have a maximum of three sleeping bedrooms (in addition to the principal
residents' bedrooms).
3.
Cooking facilities shall not be located within the sleeping units.
4.
A bed and breakfast establishment shall only have one business identification sign permitted. The
business identification sign shall be a maximum of 1.0 m2 (10.8 ft2) in size and is subject to the review and
approval by the Development Authority;
5.
In addition to the above, a bed and breakfast establishment shall comply with all of the requirements for
a major home occupation described in this bylaw.
6.
The provision of onsite parking shall comply with the regulations in Section 8.20 - Parking and Access. 8.3
Building Appearance andDesign
1.
The design, siting, external finish, architectural appearance and landscaping of all buildings, including any
accessory buildings, structures, and signs and any reconstruction, shall be to the satisfaction of the
Development Authority and shall conform to the regulations of the Summer Village's Unsightly Property
Bylaw.
2.
The exterior finish on all buildings shall be of a permanent material and be of a character and quality
satisfactory to the Development Authority.
3.
The design, character and appearance of any development or sign must be acceptable to the
Development Authority having regard to:
a.
the policies of any statutory plan or conceptual scheme applicable to the design, character or
appearance of the development;
b. amenities such as daylight, sunlight and privacy on the subject site and on adjacent sites;
c.
the character of existing development in the area of the proposed development; and
d. the effect of the proposed development on adjacent lots. 8.4
Cannabis Production and Distribution Facilities
1.
Any site containing a cannabis production and distribution facility shall not be located within the
following Land Use Districts:
a.
R1 - Residential Small Lot District
b. R2 - Residential Large Lot District
c.
C1 - Commercial District
d. P - Community Reserve District
e. N - Natural Environment District
2.
For the purposes of this section only, the owner or applicant shall provide as a condition of development
permit a copy of the current license and all subsequent license renewals for all activities associated with
medical cannabis production issued by Health Canada.
3.
The owner or applicant shall obtain any other approval, permit, authorization, consent or license that
may be required to ensure compliance with applicable federal, provincial or municipal legislation.
4.
All processes and functions of the development shall be fully enclosed within a stand-alone building,
including but not limited to all loading spaces and docks, garbage containers, storage and waste material.
5.
The development shall be a singular use and shall not be operated in conjunction with any other uses.
6.
The development shall include equipment designed and intended to remove odours from the air where
it is discharged from the building as part of a ventilation system.
7.
The development shall be located a minimum of 100.0 m (328.0 ft) away from any residential district.
8.
The Development Authority may require, as a condition of development permit approval, a waste
management plan, completed by a qualified professional that details:
a.
the incineration of waste products and airborne emissions, including odours;
b. the quantity and characteristics of liquid waste material discharged by the facility; and
c.
the method and location of collection and disposal of liquid and waste material.
9.
The minimum number of parking stalls shall be at the discretion of the Development Authority Officer,
per Section 8.20 - Parking and Access.
10.
Fencing on the site shall be required, subject to the provisions of Section 8.12 - Fences, Walls, and
Hedges.
11.
Notwithstanding the provisions of Section 8.27 - Signs, no sign shall be displayed on the site that
identifies the use.
12.
The development may be subject to periodic inspections to ensure compliance with the land use bylaw
and the approved development permit and all other applicable bylaws of the Summer Village of Island
Lake. 8.5
Cannabis Retail Sales
1.
Any site containing cannabis retail sales shall not be located less than 100.0 m (328.0 ft) from:
a.
any site being used as a public or private education services; or
b. a provincial health care facility; or
c.
Plan 3857 KS, Block 1, R (the Municipal Sports Park).
2.
The 100.0 m (328.0 ft) separation distance identified in Section 8.5.1 shall be measured from the closest
point of the subject site boundary to the closest point of another site boundary, and shall not be
measured from the district boundaries or from the edges of the structures.
3.
Notwithstanding Section 4.7 - Variance Provisions of this Bylaw, a Development Authority shall not grant
a variance to Sections 8.5.1.a or 8.5.1.b.
4.
The Development Authority may require lighting, signage, landscaping or screening measures that
ensure the proposed development is compatible with adjacent or nearby residential, commercial,
industrial or community services uses.
5.
Prior to the issuance of a development permit, the Development Authority may conduct a site
assessment, taking into account land use impacts including, but not limited to/ exterior illumination,
landscaping, screens, signs and access.
6.
The Development Authority shall impose a condition on any development permit issued for cannabis
retail sales requiring that the development:
a.
shall not commence until authorized by and compliant with all federal and provincial
legislation; and
b. must commence within six months of the date of approval of the development permit.
7.
For the purposes of Section 8.5.b.b, development commences when the cannabis retail sales se is
established and/or begins operation. 8.6
Corner Lots
1.
Notwithstanding any other provision contained in this bylaw, landscaping, the erection of fences, walls,
or other means of enclosure on a corner lot shall be to the satisfaction of the Development Authority to
ensure that vision around the comer is not hindered.
2.
In order to implement Section 8.6.1, no fence, wall, tree, bush, structure or thing more than 0.9 m (3 ft)
in height shall be erected, placed or maintained within the triangular area formed by the intersecting
road or lane lines and a straight line joining points on the road or lane 6.0 m (19.7 ft) from their
intersection. 8.7
Demolition of Buildings
1.
An application to demolish a building shall not be approved without a statement or plan which
indicates:
a.
how the demolition will be carried out so as to create a minimum of dust or other nuisance;
and
b. how the site will be reclaimed, to the satisfaction of the Development Authority. 8.8
Development Proponent's Responsibility
1.
The applicant/landowner to whom a development permit has been issued shall obtain from the
appropriate provincial authority, where applicable, permits relating to building, plumbing, gas,
private sewage disposal systems, utilities municipal services, highways and all other provincial
permits required in connection with the proposed development. 8.9
Double Fronting Lots
1.
A parcel abutting two or more streets shall have a front yard setback on each street in accordance
with the front yard setback requirements of this bylaw. Figure 9: Double Fronting Lots
2.
One flanking yard on a lot may be subject to side yard setback requirements in all land use districts
unless a separate flanking setback is described in the subject land use district. 8.10
Dwellings on a Lot
1.
Only one principal dwelling may be permitted on a lot. 8.11
Environmental Site Conditions
1.
The summer village's subdivision and development authorities will not approve applications for
subdivision or development within the legislated setback distance of a landfill for the following land
uses:
a.
residences;
b. schools;
c.
hospitals; or
d. eating establishments;
Unless consent for a setback variance has been granted by Alberta Environment and Parks. The Summer
Village will work with the County and the Province of Alberta to explore opportunities to reduce or
remove the setback requirements from the non- operating landfill.
2.
Unstable slopes:
a.
Development should not be permitted on unstable slopes, land characterized by soil instability
or land exhibiting evidence of poor drainage unless it can be demonstrated to the satisfaction
of the Development Authority that unique site requirements warrant otherwise.
3.
Steep slopes:
a.
All development should be setback a minimum of 15.0 m (49.2 ft) from the toe and crest of
slopes of 15% or greater, unless a lesser amount is identified in a geotechnical study prepared
by a qualified professional engineer registered in the Province of Alberta.
b. Stairs may be developed on steep slopes to provide access to the lakeshore, at the discretion
of the Development Authority.
4.
Flood Plains, Floor Hazard Areas, and High Water Tables:
a.
No development should be permitted in the 1 in 100-year flood plain of a waterbody or water
course, or as established by Alberta Environment and Parks as otherwise prone to flooding or
subsidence, unless the applicant demonstrates to the satisfaction of the Development
Authority that preventative engineering and construction measures can be used to make the
site suitable.
b. Notwithstanding any other provision of this bylaw to the contrary, no development of
dwellings or accessory buildings to dwellings other than fences, patios and similar buildings
may be allowed on lands which, in the opinion of the Development Authority, may be subject
to a flood hazard.
c.
Development on lands which are, in the sole opinion of the Development Authority, are within
an area of high water table may be prohibited from having basements.
5.
Wetlands:
a.
All subdivision and development must be consistent with the requirements of the Alberta
Wetland Policy. In order to ensure consistency with this policy a proponent may be required at
time of subdivision, development, area structure plan development or LUB amendment to
provide the Summer Village with a wetland assessment, prepared by a certified wetland
professional, which delineates and classifies all wetlands within the proposed development
area. Development that would cause the permanent destruction of permanent wetlands will
be discouraged and will not be permitted without the consent of Alberta Environment and
Parks.
6.
Treed areas:
a.
The Development Authority may impose conditions on the approval of a development permit
requiring the retention of trees, or additional planting of such a type and extent that is
considered necessary by the Development Authority.
b. A site plan detailing the protection of existing treed areas and site topography may be required
prior to issuance of a permit for development. 8.12
Fences, Walls, and Hedges
1.
Notwithstanding any regulation respecting required yard to the contrary in this bylaw, a fence or hedge
may be constructed along a boundary line of a lot except within a corner site.
2.
No fence, wall or hedge in any district shall be:
a.
higher than 1.0 m (3.3 ft) in a front yard, a flanking yard, or a rear yard which is either adjacent
to a road or Island Lake; or
b. higher than 2.0 m (6.6 ft) in other yards; or
c.
higher than 0.9 m (3.0 ft) within 6.0 m (19.7 ft) of corner sites. 8.13
FireSmart
1.
All roofing materials on new, replacement, or retrofitted dwellings, accessory buildings and commercial
buildings should meet a minimum Class C ULC rating.
2.
All new dwellings, accessory buildings, and commercial buildings with exposed undersides and/or with
raised decks and porches less than 2.0 m (6.6 ft) from ground level should be sheathed from the floor
level to the ground level to prohibit the entry of sparks and embers under the structure.
3.
All above-ground propane tanks greater than or equal to 80 U.S. gallons (420 lbs) should have a
minimum of 3.0 m (9.8 ft) clearance from combustible vegetation and materials.
4.
All combustible material piles should be stored a minimum of 10.0 m (32.8 ft) from all primary
structures and propane tanks.
5.
All new dwellings, accessory buildings, and commercial buildings should establish and maintain
FireSmart defensible space for a minimum of 10.0 m (32.8 ft) or to the lot boundary.
6.
All new dwellings, accessory buildings, and commercial buildings should have one metre of non-
combustible surface cover (gravel, rock, concrete, etc.) around the perimeter of the structure. All new
exposed decks, greater than 2.0 m (6.6 ft) from ground level should have a non-combustible surface
cover placed underneath and 1.0 m (3.3 ft) around the outside perimeter of the deck. 8.14
Heavy Vehicles and Trailers
1.
No person shall keep or permit in any part of any yard in any residential district any heavy vehicle or
vehicle trailer 9.7 m (32.0 ft) or longer in length unless:
a.
a development permit has been issued for the keeping or permitting of the heavy vehicle or
trailer on the yard;
b. as a condition of issuing the development permit, the Development Authority is satisfied that,
in their opinion, the heavy vehicle or trailer will be screened and/or located so as to mitigate
negative impact on any surrounding residential uses; and
c.
the keeping or permitting of the heavy vehicle or trailer is considered to be a discretionary
development and, therefore, any development permit issued shall be subject to objection and
appeal to the municipality's Subdivision and Development Appeal Board.
2.
Development permits for the keeping of a heavy vehicle or trailer longer than 7.5 m (24.6 ft) in a yard
within any residential district shall only be approved for a period of time, in the sole determination of
the Development Authority. 8.15
Historic Resources
1.
Historical resources, historic sites, and/or archaeological sites identified by the province pursuant to the
Alberta Historical Resources Act, as amended or replaced, shall be protected in accordance with the
guidelines and regulations established by Alberta Culture, Multiculturalism and Status of Women. 8.16
Home Occupations
1.
A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of
a home occupation has violated any provisions of this bylaw or conditions of the approval of the
development permit.
2.
A major home occupation shall comply with the following regulations:
a.
The major home occupation shall not, in the opinion of the Development Authority, generate
pedestrian or vehicular traffic or parking which is excessive for its location relative to other
dwellings.
b. The number of non-resident employees working on-site shall not exceed one.
c.
No more than one commercial vehicle up to but not exceeding a gross vehicle weight of 4,500
kg (10,080 lbs) to be used in conjunction with the major home occupation, shall be parked or
maintained on the site in a residential Land Use District. The parking space for the commercial
vehicle shall be adequately screened and sited behind the principal building to the satisfaction
of the Development Authority.
d. The outdoor storage of productions and materials shall be prohibited.
e. Any interior or exterior alterations or additions to accommodate a major home occupation
may be allowed at the discretion of the Development Authority, as along as such alterations
comply with this bylaw and the Safety Codes Act and the regulations made thereunder.
f.
There shall be no exterior signage, display or advertisement except for a business identification
sign, the size of which shall be entirely at the discretion of the Development Authority.
g.
Business activities must be carried out entirely within the principal dwelling or an accessory
building.
h. The major home occupation shall not be allowed if, in the opinion of the Development
Authority, such use would be more appropriately located in a Commercial Land Use District
having regard for the overall compatibility of the use with the residential character of the area.
3.
A minor home occupation shall comply with the following regulations:
a.
a minor home occupation shall not employ any person on-site other than residents of the
dwelling.
b. no offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance
detectable beyond the boundary of the lot on which the minor home occupation is located
shall be produced by the home occupation.
c.
There shall be no outdoor business activity, or outdoor storage of material or equipment
associated with the minor home occupation allowed on the site. Storage related to the minor
home occupation shall be allowed only in either the dwelling or accessory buildings.
d. Business activities must be carried out entirely within the dwelling.
e. Exterior alterations or additions to accommodate a minor home occupation shall not be
allowed.
f.
There shall be no exterior signage, display, or advertisement.
4.
All home occupations shall comply with the following requirements:
a.
The home occupation shall not create any nuisance by way of noise, dust, odour, or smoke, or
anything of an offensive or objectionable nature.
b. The peace, quiet, dignity and other amenities of the neighbourhood shall not be disturbed in
any manner.
c.
A home occupation shall not change the principal character or external appearance of the
dwelling involved, nor use more than 20% or 35.0 m2 (377.0 ft2), whichever is less, of the
dwelling unit for business usage. Except as noted in Section 8.16.2.f herein, there shall be no
exterior signage, display or advertisement, but there may be a limited volume of on-premises
sales.
d. No more than one commercial vehicle used in or for the home occupation shall be parked on
the subject site or on the adjoining road.
e. There shall be no mechanical or electrical equipment used which creates external noise, or
visible or audible interference with home electronics or computer equipment in adjacent
dwellings.
f.
In addition to a development permit application, each application for a home occupation -
major shall be accompanied by a description of the business to be undertaken, an indication of
the anticipated number of business visits per week, and details for the provision of parking
along with other pertinent details of the business operation.
g.
When a development permit is issued for a home occupation, such permit shall be terminated
should the applicant vacate the property for which the permit has been issued.
h. Home occupations shall not involve:
i. activities that use or store hazardous material in quantities exceeding those found in
a normal household; or
ii. any use that would, in the opinion of the Development Authority, materially interfere
with or affect the use, enjoyment, or value of neighbouring properties.
5.
A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of
the home occupation has violated any provisions of this bylaw or conditions of the approval of the
development permit and complaints based on the operation of the home occupation have been
received.
1.
This use does not include either a cannabis retail store or a cannabis production and distribution facility. 8.17
Landscaping
1.
The maximum lot coverage for buildings and non-permeable surfaces (including driveways, parking
areas, and hard surfaced landscaping) shall be 50% of the total lot area.
2.
A development permit for landscaping may be required where the proposed landscaping would result in
the clearing of vegetation, stripping or grading of the site.
3.
Landscaping and planting must be carried out within one year after the completion of construction. The
Development Authority Officer, at its sole discretion, may extend this period.
4.
When landscaping is to be undertaken as a condition of the approval of a development permit, such
landscaping shall be to the satisfaction of the Development Authority Officer.
5.
Any area to be landscaped may, at the discretion of the Development Authority, be left in its natural
state, or be loamed and planted with grass, trees, shrubs, and/or flowers, or similar materials or a
combination thereof, which will enhance the appearance of the site and complement the development
on the site.
6.
Existing vegetation on residential lots should be preserved, protected or replaced. If a development
requires the permanent removal of existing vegetation, the reason(s) for the removal of the vegetation
shall be to the satisfaction of the Development Authority Officer.
7.
Vegetation used for landscaping in residential areas shall be located such that it will grow to maturity
without causing negative impacts to adjacent properties and/or public infrastructure.
8.
The owner of the property shall be responsible for the maintenance of landscaping to the satisfaction of
the Development Authority and in concordance with any drainage plan affecting the property.
9.
At the time of subdivision, or as a condition of a development permit, the applicant may be required at
the discretion of the Subdivision or Development Authority, as a condition of an approval to provide to
the Summer Village security by way of certified deposit funds or an irrevocable letter of credit for up to
the value of 125% of estimated landscaping costs. The approved landscaping shall be completed in
accordance with this bylaw and the approved landscaping plan, shall be completed within one year of
the date of approval, and shall be maintained for a two-year period following approval. If the
landscaping is not completed within the one-year period, or the landscaping is not maintained for the
two-year period, the security provided to the Summer Village may be used by the Summer Village to
undertake the landscaping work. The security shall be released to the applicant, upon written request,
once an inspection demonstrates to the satisfaction of the Development Authority that the landscaping
was completed and has been satisfactorily maintained for the two-year period.
10.
Every owner/developer shall landscape their property such that surface water does not drain onto
neighbouring properties.
11.
Where a landscaping plan is required with an application for a development permit, no landscaping
shall commence prior to the plan being approved by the Development Authority.
12.
Landscaping plans shall include the following information which adheres to the following standards:
a.
north arrow;
b. outlines of all buildings and structures on the subject site;
c.
location of parking areas, vehicle and pedestrian circulation systems on the subject site;
d. location, height and materials of all proposed fences, screens, and walls on the subject site;
e. location of any existing or proposed lighting, proposed recreational facilities and garbage
collection areas on the subject site;
f.
existing vegetation, including mature trees, on the subject site, labeled by common name; and
g.
the proposed final grading and drainage plan of the area and the placing and spreading of
topsoil. In particular, all areas to be landscaped shall be graded to drain to the road or lane,
into catch basins or into adjacent drainage easements. Under no circumstances shall an area
be designed, built or landscaped to drain onto adjacent property without appropriate
easements.
13.
Commercial areas shall be landscaped according to a development agreement and/or a landscaping
plan where applicable. 8.18
Manufactured Homes
1.
Manufactured homes shall have Canadian Standard Association Certification.
2.
Manufactured homes must conform to the CSA Z240MH National Mobile Home Standard.
3.
All accessory structures, such as patios, porches, additions and skirtings, shall be:
a.
designed and erected as to harmonize with the manufactured home;
b. considered as part of the principal building; and
c.
erected only after obtaining a development permit.
4.
A manufactured home shall be skirted from the floor level to the ground level.
5.
The wheels are to be removed from the manufactured home.
6.
All manufactured homes shall be placed on a foundation or base. The manufactured home is to be
attached by means of bolting or otherwise to the foundation or base. 8.19
Objects Prohibited or Restricted in Yards
1.
No person shall keep or permit in any part of any yard in any residential district:
a.
any dismantled or wrecked vehicle for more than 14 successive days;
b. any object or chattel which, in the opinion of the Development Authority, is unsightly or tends
to adversely affect the amenities of the municipality;
c.
any excavation, storage or piling up of materials unless required for immediate construction;
d. any fur bearing animals, fowl, or livestock other than domestic pets;
e. any outdoor wood boilers or furnaces;
f.
any propane tanks larger than 2,000 litres; and
g.
any portable gas tanks larger than 100 litres. 8.20
Parking and Access
1.
The location of vehicular access to a lot shall be as approved by the Development Authority.
2.
Unless otherwise approved by the Development Authority, a parking space shall not be less than 2.5 m
(8.5 ft) wide and 6.0 m (19.7 ft) long and shall be located on the same lot as the principal building or
use. Figure 10:Minimum Parking Space Requirements
3.
Construction of entrances and exits, including culverts if required, shall be at the expense of the
development proponent and to the satisfaction of the Development Authority.
4.
For bed and breakfast establishments, one parking stall shall be provided for each sleeping unit, in
additional to parking requirements for the primary residential use.
5.
For commercial uses, the required number of off-street vehicular parking spaces shall be as required
by the Development Authority. 8.21
Protection from Exposure Hazards
1.
Flammable liquid/gas storage containers at commercial developments shall be located in accordance
with regulations under the Fire Code Act.
2.
All development in proximity to a well, pipeline or sour gas facility shall adhere to the setback
requirements as determined by the Alberta Energy Regulator.
3.
No anhydrous ammonia storage shall be allowed in the Summer Village. 8.22
Recreational Vehicles
1.
No recreational vehicle (RV) shall be located on a lot within the Summer Village without an approved
development permit for an RV stall.
2.
All RVs must be located within approved RV stalls. Stalls can be hard or soft surfaced. Soft
surfacing may include gravel and/or grass surfaces. However, the stall location and boundaries of
the stall must be clearly delineated at all times on the site to the satisfaction of the Development
Authority Officer.
3.
No more than one RV may be located within an approved RV stall.
4.
A development permit application for an RV stall on a lot shall indicate:
a.
where the RV will be placed on a lot;
b. The means by which the stall area will be delineated on the lot (markers, posts, pad etc.);
c.
If the RV placed in the lot is intended to remain temporarily, seasonally or year-round;
d. how potable water, wastewater, and utilities shall be provided; and
e. where required parking shall be provided on the lot.
5.
A maximum of three RV stalls may be allowed on a developed lot or an undeveloped lot in the R1
and R2 Land Use Districts with a development permit. Each RV stall shall be required to include
connections to an approved wastewater system and power source, complying with current
provincial requirements.
6.
RV stalls on an undeveloped lot shall adhere to the front, rear, and side yard requirements for
dwellings (first RV) and accessory buildings (any RV after the first RV) identified in the applicable
Land Use Districts.
7.
RV stalls on a developed lot shall adhere to the front, rear, and side yard requirements for
accessory buildings identified in the applicable Land Use Districts.
8.
RVs shall not be located within a front yard on a lakefront lot.
9.
Notwithstanding Sections 8.22.5, 8.22.6 and 8.22.10, additional RVs may be allowed on a
temporary basis with the approval of a Special Event Permit. Each Special Event Permit must be
applied for a minimum of 2 weeks in advance of the special event and when issued must be
posted on the site in a conspicuous location during the special event.
10.
RVs shall not be permitted to dispose of wastewater or greywater on the ground within the
Summer Village.
11.
One onsite vehicle parking stall (that complies with Section 8.20 - Parking and Access) must be
provided for each proposed recreational vehicle stall on a lot.
12.
Permits for RV stalls shall not be approved where it cannot be demonstrated that there is
sufficient room on the site to accommodate the RV stall and required parking stalls entirely within
the boundaries of the lot.
Figure 11: Number and Location of Recreational Vehicles on
8.23
Reserves
1.
An environmental reserve (ER) of approximately 30.0 m (98.0 ft) in width from the high water mark of
water bodies and/or the top of bank of Island Lake shall be required as a condition of new subdivision
approval.
2.
Additional reserve may be required by the Summer Village based on the recommendations of any
engineering and/or geotechnical study requested by the Summer Village. In these cases, the amount of
reserves required will be determined using the guidelines for ER width developed by Sustainable
Resource Development (SRD) (see Appendix A for SRD recommended setbacks).
3.
Development permits may be issued on environmental and other reserve lands for developments
such as landings, walkways, stairs, retaining walls or similar structures if, in the opinion of the
Development Authority, the development does not pose a hazard to public safety, impede or
restrict year round public access to the reserve, or unduly interfere with the use and enjoyment of
neighbouring properties.
4.
The approval of all development permits on environmental and other reserve lands shall be
subject to the following conditions, in addition to any others that the Development Authority may
deem reasonable or necessary:
a.
the applicant shall indemnify the Summer Village from liability for the development; and
b. the permit may be revoked at any time if, in the sole opinion of the Development Authority,
the development poses a hazard to public safety, impedes public access, or interferes with
the use and enjoyment of neighbouring properties. 8.24
Shoreline
1.
The bed and shore of Island Lake is owned by the Province of Alberta. Proposed modifications to the bed
and shore (temporary or permanent) must be authorized by the Province of Alberta. Shoreline
improvements (such as retaining walls, any permanent structures, waterline installations, the placing of
sand or other materials on ice or beaches, clear-cutting of trees, and removing shoreline or aquatic
vegetation) require provincial authorization.
2.
Any proposed modifications to the bed and shore of Island Lake requires a surface disposition. This
disposition shall be applied for through Alberta Environment and Parks prior to the proposed
modification.
3.
Wheeled or track vehicles will not be allowed on the bed and shore of Island Lake, as per Alberta
Environment and Parks.
4.
Temporary development and/or restoration work of the shoreline requires a Temporary Field
Authorization from Alberta Environment and Parks.
5.
Permanent development of the shoreline requires a formal disposition held under a Department License
of Occupation from the Province of Alberta. Water Act approval is required prior to commencement of
this work.
6.
The use of water intake lines in Island Lake require a formal disposition for the bed and shore of Island
Lake. This disposition shall be applied for through Alberta Environment and Parks prior to the installation
of the water intake line(s). 8.25
Retaining Walls
1.
A development permit shall be required for all retaining walls greater than 1.2 m (3.9 ft) in height.
2.
Retaining walls shall:
a.
respect overland drainage patterns established for the lot at the time the lot was
created;
b. maintain positive overland drainage on all portion of the site;
c.
not divert overland drainage onto adjacent properties;
d. not be located within a right-of-way or easement intended for overland drainage that the
Summer Village is party to;
e. be constructed of or finished with materials that compliment those on the principal
building(s); and
f.
if greater than 1.0 m (3.3 ft) in height, meet the setback requirements for the principal
building of the Land Use District.
3.
If a retaining wall will not conform to the above, a development permit must be obtained before
construction. 8.26
Sea Cans
1.
Sea cans shall not be used as an accessory building in the Summer Village.
2.
Sea cans may be used as a building material in the construction of a principal or accessory building on a
lot provided that:
a.
the development is in full compliance with applicable provincial and national building codes;
b. the final architectural appearance of the building (siding, roofing, etc.) complies with Section
8.3 - Building Appearance and Design. 8.27
Signs
1.
All signs of a commercial, directional, or informative nature erected on land or affixed to any exterior
surface of any building or structure shall require a development permit and shall be subject to the
following requirements:
a.
No signs shall be erected on or affixed to private property without the prior consent of the
property owner or tenant.
b. No signs shall be erected on or affixed to public property without the prior consent of the
appropriate public body.
c.
No signs shall resemble or conflict with a traffic sign, nor shall any sign be a traffic hazard. No
sign shall be in contravention of a Summer Village traffic speed bylaw or in contravention of
any other Summer Village bylaw.
d. All signs shall be kept in a safe, clean and tidy condition, and may, by order of the Development
Authority, be required to be renovated or removed.
2.
Notwithstanding section 8.27.1, the following signs do not require a development permit provided that
they are not illuminated and that any necessary permits have been obtained from Alberta
Transportation:
a.
signs, not to exceed 1.0 m2 (10.8 ft2) in area, for the purpose of identification, direction and
warning, or relating to a commercial use, institutional use or club;
b. temporary signs, not to exceed 2.0 m2 (21.5 ft2) in area, to be removed by the advertiser
within 15 days of the completion of the event or works;
c.
signs in relation to public or quasi-public bodies. 8.28
Suites
1.
A maximum of one guest house suite or garage suite may be allowed on a residential lot in the Summer
Village subject to the regulations of the land use districts, and shall be restricted to a site occupied by an
approved and existing single-detached dwelling.
2.
A maximum of one surveillance suite or secondary suite may be allowed on a commercial lot in
the summer village subject to the regulations of the land use districts, and shall be restricted to a
site occupied by an approved and operating commercial development.
3.
All suites shall remain accessory to and subordinate to the principal building on a lot.
4.
A recreational vehicle shall not be considered a suite.
5.
The total area of a suite located on a site shall not exceed 92.9 m2 (1,000 ft2) in area.
6.
Notwithstanding 8.28.5, the total area of a garage suite shall not exceed the ground floor area of
the garage.
7.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation of
the suite.
8.
A garage suite shall remain accessory to and subordinate to the use of the garage.
9.
A garage suite shall have an entrance separate from the entrance to the garage, either from a
common indoor landing or directly from the exterior of the structure.
10.
At-grade garage suites or guest houses shall be a maximum height of 4.6 m (15.0 ft).
11.
Above-grade garage suites shall be a maximum height of 9.7 m (32.0 ft).
12.
A minimum of three on-site parking spaces shall be required for lots with approved suites.
Tandem parking may be permitted at the discretion of the Development Authority.
13.
Windows contained within a suite shall be placed and sized such that they minimize overlook into
yards and windows of abutting properties through one or more of the following:
a.
off-setting window placement to limit direct views of abutting rear or side yard amenity
areas, or direct view into a guest house window on an abutting site;
b. strategic placement of windows in conjunction with landscaping or the placement of
other accessory buildings; and
c.
placing larger windows, such as living room windows, to face a lane, a flanking street, or
the larger of any side yard abutting another property.
14.
No additional approach off a local road or highway will be permitted to provide access or egress to
the suite.
15.
A suite shall not be subject to separation from the principal dwelling through a condominium
conversion or subdivision. 8.29
Site Grading and Drainage
1.
No person shall commence or continue the removal of topsoil, stripping or site grading that:
a.
may adversely affect the drainage of the subject or adjacent lots; and/or
b. involves stockpiling or excavation or landscaping that would be inconsistent with an
approved landscaping plan;
without first obtaining a development permit.
2.
Site grading and/or storm water drainage plans shall be required for all developments, if in the opinion
of the Development Authority, the proposed development is likely to significantly alter the natural
drainage on the site or increase run-off onto adjacent lands.
3.
An application shall be considered incomplete and shall not be processed until all of the above items
have been addressed to the satisfaction of the Development Authority.
4.
Where requested information is of a technical or scientific nature, the Development Authority may
require a report prepared or endorsed by a professional accredited to practice in Alberta and to the
satisfaction of the Development Authority.
5.
No topsoil, fill, aggregate or other similar material of a volume which would significantly alter lot
grading or drainage shall be deposited on, moved within, or removed from a property without first
obtaining a development permit.
6.
Any application made for site leveling, infilling, site grading or stockpiling under shall be processed as a
discretionary use in all districts.
7.
Site grading shall not be permitted to direct additional surface drainage from the subject lot onto an
adjacent lot unless provided for in an approved drainage plan or storm water management plan for the
area.
8.
Site grading shall not be permitted to impede or interfere with the natural flow of surface water onto
adjacent lands or public ditches.
9.
An application for a development permit for the excavation, stripping, or grading of land, which is
proposed without any other development on the same land, may be required to include the following
information:
a.
the type of excavation, stripping or grading proposed, showing dimensions of the operation or
the area of the land and depth to which the topsoil is to be removed;
b. location on the lot where the excavation, stripping or grading is to be undertaken;
c.
a description of the condition in which the excavation, stripping or grading is to be left when
the operation is complete or the use of the area from which the topsoil is removed (including
post-construction lot elevations);
d. information relating to the existing land uses and vegetation;
e. a stormwater management plan;
f.
information relating to the proposed timing and phasing program;
g.
identification of the outdoor noise and the discharge of substances into the air;
h. a plan showing land reclamation proposals, where applicable, upon the eventual completion of
the operation; and
i.
an explanation of the precautions to be taken to ensure minimal dust and environmental
disturbance.
10.
As per Section 3 of the Soil Conservation Act, landholders shall, in respect of the landholder's land, take
appropriate measures:
a.
to prevent soil loss or deterioration from taking place; and
b. if soil loss or deterioration is taking place, to stop the loss or deterioration from continuing. 8.30
Wastewater
1.
All buildings, facilities and developments undertaken on a site shall comply with:
a.
all Summer Village bylaws regarding wastewater disposal; and
b. all applicable provincial Acts and regulations.
LAND useDISTRICTS
9.
LAND USE DISTRICTS9.1
Establishment
1.
For the purpose of this Bylaw, the Summer Village of Island Lake is divided into the following Land Use
Districts: NAMESYMBOLMAP COLOURResidential -Small Lot DistrictR1Residential -Large Lot DistrictR2Commercial DistrictCCo
1.
The Land Use District Map in this land use bylaw identifies the areas of the Summer Village of Island Lake
that are within each land use district.
2.
The regulations within Section 8: General and Specific Regulations apply to developments within all Land
Use Districts in the Summer Village.
3.
For the purposes of this bylaw, the R1 and R2 land use districts shall be considered to be residential land
use districts, and the C land use district shall be considered the commercial land use district. 9.2
Boundaries
1.
The boundaries of the Land Use District Map shall be interpreted as follows:
a.
where a boundary is shown as following a street, lane or watercourse, it shall be deemed to
follow the centre line thereof;
b. where a boundary is shown as approximately following a lot line, it shall be deemed to follow
the lot line; and
c.
in circumstances not covered by (a) or (b) above, the location of the district boundary shall be
determined by the Development Authority by measurement of and use of the scale shown on
the Land Use District Map.
2.
Where the application of the rules outlined in Section 9.2.1 does not determine the exact location of
the boundary of a district, or there is a dispute regarding the exact boundary of the district, then
Council may determine the boundary either:
a.
on its motion; or
b. upon written application being made to it by any person requesting the determination of the
exact location of the boundary in question.
3.
After Council has fixed a district boundary pursuant to the provisions of Section 9.2.2, the boundary
shall not be altered, except by an application to amend this bylaw.
4.
The Development Authority shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
10.
R1 -RESIDENTIAL SMALL LOTDISTRICT10.4
Maximum HeightUSESPrincipal Buildings
2 storeys or 9.7 m (32.0 ft), whichever is less in relation to the elevation of the
adjacent road. Garages(and Garages with Garage Suites)
2 storeys or 9.7 m (32.0 ft) in relation to the elevation of the adjacent road or
as allowed by the Development Authority, and may exceed the height of the
principal building on the lot. Other Accessory Buildings and Boathouses
1 storey or 4.6 m (15.0 ft) in relation to the elevation of the adjacent road or
as allowed by the Development Authority. 10.5
Minimum Floor AreaUSESSingle Family Dwellings
45.0 m2 (484.0 ft2) Manufactured Homes
45.0 m2 (484.0 ft2) Guest Houses Suites
13.0 m2 (140.0 ft2) 10.6
Maximum Lot CoverageAll Uses
The maximum lot coverage for buildings and non-permeable surfaces
(including driveways, parking areas, and hard surfaced landscaping) shall be
50% of the total lot area (see Section 8.17 - Landscaping). 10.7
Minimum Lot Areaand WidthNew Lots
All new lots to be created shall have a minimum lot area not less than 0.4
hectares (1.0 acres).
All new lots shall have a minimum lot width of 15.2 m (50.0 ft). 10.1PURPOSE
1.
To allow for the development of
residential uses on small lots
predominately located adjacent to
Island Lake. 10.2PERMITTED USES
1.
Dwellings, Single Detached
2.
Public or Quasi-Public Buildings
3.
Public or Quasi-Public Uses
4.
Public Utilities
5.
Buildings and uses accessory to
permitted uses
10.3DISCRETIONARY USES
1.
Bed and Breakfast Establishments
2.
Dwellings, Manufactured Homes
3.
Home Occupations, Minor
4.
Recreational Vehicles
5.
Suites, Garage
6.
Suites, Guest House
7.
Dwellings, Modular Homes
8.
Other uses which, in the opinion of the
Development Authority, are similar to
the above mentioned permitted and
discretionary uses
10.8
Minimum Front Yard SetbackLakefront Lots
At the discretion of the Development Authority Officer, but not less than 8.0
m (26.0 ft) All Other Cases
8.0 m (26.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 10.9
Minimum Side Yard SetbackAll Lots
Minimum of 1.5 m (5.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 10.10
Minimum Rear Yard SetbackAll Lots
Minimum of 1.5 m (5.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 10.11
Other RegulationsWastewater
All private wastewater systems shall be consistent with the regulations of
Section 8.30 - Wastewater. Subdivision
Any re-subdivision shall require a minimum lot size of 0.4 hectares (1.0 acres). Recreatio
Where a recreational vehicle is to be placed on an otherwise undeveloped lot,
the setback requirements for the recreational vehicle shall be the same as the
setback requirements for a principal building. Other Requirements
All other requirements shall be as required by the Development Authority.
11.
R2-RESIDENTIAL LARGE LOTDISTRICT11.4
Maximum HeightUSESPrincipal Buildings
2 storeys or 9.7 m (32.0 ft), whichever is less in relation to the elevation of the
adjacent road. Garages (and Garages with Garage Suites)
2 storeys or 9.7 m (32.0 ft) in relation to the elevation of the adjacent road or
as allowed by the Development Authority, and may exceed the height of the
principal building on the lot. Other Accessory Buildings
1 storey or 4.6 m (15.0 ft) in relation to the elevation of the adjacent road or
as allowed by the Development Authority. 11.5
Minimum Floor AreaUSESSingle Family Dwellings
45.0 m2 (484.0 ft2) Manufactured Homes
45.0 m2 (484.0 ft2) Guest Houses Suites
13.0 m2 (140.0 ft2) 11.6
Maximum Floor AreaUSESSingle Family Dwellings
280.0 m2 (3,014 ft2) Manufactured Homes
157.0 m2 (1,680 ft2) Guest HousesSuites
74.3 m2 (800.0 ft2); where the floor area is less than that of the principal
residential use upon the property. 11.1PURPOSE
1.
To allow for the development of
residential uses on large lots that are not
adjacent to Island Lake. 11.2PERMITTED USES
1.
Dwellings, Single Detached
2.
Public or Quasi-Public Buildings
3.
Public or Quasi-Public Uses
4.
Public Utilities
5.
Buildings and uses accessory to
permitted uses
11.3DISCRETIONARY USES
1.
Bed and Breakfast Establishments
2.
Dwellings, Manufactured Homes
3.
Home Occupations, Minor
4.
Recreational Vehicles
5.
Suites, Garage
6.
Suites, Guest House
7.
Dwellings, Modular Homes
8.
Other uses which, in the opinion of the
Development Authority, are similar to
the above mentioned permitted and
discretionary uses
11.7
Minimum Lot Areaand WidthNew Lots
All new lots to be created shall have a minimum lot area not less than 0.4
hectares (1.0 acres).
All new lots shall have a minimum lot width of 30.4 m (100.0 ft). 11.8
Minimum Front Yard SetbackLakefront Lots
At the discretion of the Development Authority Officer, but not less than 8.0
m (26.0 ft) All Other Cases
8.0 m (26.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 11.9
Minimum Side Yard SetbackAll Lots
Minimum of 1.5 m (5.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 11.10
Minimum Rear Yard SetbackAll Lots
Minimum of 1.5 m (5.0 ft) Accessory Buildings
As per Section 8.1 - Accessory Buildings 11.11
Other RegulationsWastewater
All private wastewater systems shall be consistent with the regulations of
Section 8.30 - Wastewater. Subdivision
Any re-subdivision shall require a minimum lot size of 0.4 hectares (1.0 acres). Recreatio
Where a recreational vehicle is to be placed on an otherwise undeveloped lot,
the setback requirements for the recreational vehicle shall be the same as the
setback requirements for a principal building. Other Requirements
All other requirements shall be as required by the Development Authority.
12.
C-COMMERCIAL DISTRICT12.1
RegulationsSite Requirements
All site requirements shall be as required by the Development Authority.
12.1PURPOSE
1.
To allow for the development of
businesses that provide commercial
services to residents and visitors of the
Summer Village. 12.2PERMITTED USES
1.
Gas Bars
2.
Eating Establishments
3.
Public or Quasi-Public Buildings
4.
Public or Quasi-Public Uses
5.
Public Utilities
6.
Retail Establishments
7.
Buildings and uses accessory to
permitted uses
8.
Other Uses that, in the opinion of the
Development Authority, are similar to
the above mentioned permitted and
discretionary uses
12.3DISCRETIONARY USES
1.
Cannabis Retail Sales
2.
Secondary Suites
3.
Surveillance Suites
13.
P -COMMUNITY RESERVEDISTRICT13.4
RegulationsSite Requirements
All site requirements shall be as required by the Development Authority.
13.1PURPOSE
1.
To preserve natural areas and to allow
for the limited development of uses that
support social and recreational activities
in the Summer Village. 13.2PERMITTED USES
1.
Municipal Buildings and Uses
2.
Natural Open Space Areas
3.
Public Recreational Facilities and Uses
4.
Parks
5.
Public or Quasi-Public Buildings
6.
Public or Quasi-Public Uses
7.
Public Utilities
8.
Accessory Buildings and Uses (excluding
Docks and Boat Hoists)
13.3DISCRETIONARY USES
1.
Storage and development of docks and
boat hoists
2.
Other uses which, in the opinion of the
Development Authority, are similar to
the above mentioned permitted and
discretionary uses
14.
N -NATURAL ENVIRONMENT DISTRICT14.1
RegulationsSite Requirements
All site requirements shall be as required by the Development Authority.
14.1PURPOSE
1.
To preserve and protect important
environmental features in the Summer
Village. 14.2PERMITTED USES
1.
Municipal Buildings and Uses
2.
Natural Open Space Areas
3.
Public Recreational Facilities and Uses
4.
Public or Quasi-Public Buildings
5.
Public or Quasi-Public Uses
6.
Public Utilities
7.
Accessory Buildings and Uses (excluding
docks)
14.3DISCRETIONARY USES
1.
Parks
2.
Other uses which, in the opinion of the
Development Authority, are similar to
the above mentioned permitted and
discretionary uses
LAND USE districtMAP
15.
LAND USE DISTRICT MAP
Source: Esri, DigitalGlobe, GeoEye, Earthstar
Geographics, CNES/Airbus DS, USDA, USGS,
AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo,
and the GIS User Community
Land Use District Map
LAND USE BYLAW
C - Commercial
P - Community Reserve
N - Natural Environment
R1 - Residential Low Density
R2 - Residential Large Lot
DRAFT: 30 JUNE 21
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1
0.5
Kilometres
HWY 2
HWY 2
ISLAND
LAKE
Twp Rd 680A
Lakeshore Dr
Lakeshore Dr
Lakeshore Dr
Moose Ave
Buffalo Ave
Elk Ave
t
S
t
u
o
r
T
Beaver Ave
Perch St
Pike St
Spruce Dr
Irene Ave