Summer Village of Itaska Beach Land Use Bylaw No. 2021-01
Itaska Beach, Alberta
· No. 2021-01
· adopted 2021-06-16
· summary & facts
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SUMMER VILLAGE OF ITASKA BEACH
LAND USE BYLAW
Bylaw No. 2021- 01
SUMMER VILLAGE OF ITASKA BEACH LAND USE BYLAW
BYLAW NO. 2021-01
TABLE OF CONTENTS
SECTION 1 - DEFINITIONS AND INTERPRETATION
1
1.1
Title .................................................................................................................................... 1
1.2
Repeal and Replacement ................................................................................................. 1
1.3
Items Included .................................................................................................................. 1
1.4
Headings ........................................................................................................................... 1
1.5
The Land Use Districts Map ............................................................................................ 1
1.6
Definitions, General: ........................................................................................................ 2
1.7
Land Use Definitions ........................................................................................................ 6
SECTION 2 - ADMINISTRATION
7
2.1
Development Authority .................................................................................................... 7
2.2
Duties of Development Authority ................................................................................... 7
2.3
Duties With Respect to Development Permit Applications .......................................... 7
2.4
Variance Powers ............................................................................................................... 9
2.5
Development Permits ..................................................................................................... 10
2.6
Development Permit Applications ................................................................................ 12
2.7
Development Permit Fees and Deposits ...................................................................... 14
SECTION 3 - DEVELOPMENT CONTROL REGULATIONS, GENERAL
14
3.1
Site Grading .................................................................................................................... 14
3.2
Relocation of Buildings ................................................................................................. 15
3.3
Engineering Requirements and Other Referrals ......................................................... 15
3.4
Appearance of Buildings ............................................................................................... 15
3.5
Stockpiles: ...................................................................................................................... 16
3.6
Sewage Disposal ............................................................................................................ 16
3.7
Potable Water Supply .................................................................................................... 16
2
3.8
Non-Permeable Surfaces: .............................................................................................. 16
3.9
Guest Cottages ............................................................................................................... 16
3.10
Mobile Homes ................................................................................................................. 17
3.11
Recreational Vehicles .................................................................................................... 17
SECTION 4 - LAND USE DISTRICTS
17
4.1
P PARK DISTRICT .......................................................................................................... 17
(a) General Purpose ...................................................................................................... 17
(b) Permitted Uses ......................................................................................................... 17
(c) Discretionary Uses .................................................................................................. 18
(d) Development Control Regulations ......................................................................... 18
4.2
R RESIDENTIAL DISTRICT ............................................................................................ 18
(a) General Purpose ...................................................................................................... 18
(b) Permitted Uses ......................................................................................................... 18
(c) Discretionary Uses .................................................................................................. 18
(d) Development Control Regulations ......................................................................... 18
4.3
NH NATURAL HABITAT DISTRICT ............................................................................... 20
(a) General Purpose ...................................................................................................... 20
(b) Permitted Uses ......................................................................................................... 20
(c) Discretionary Uses .................................................................................................. 20
(d) Development Control Regulations ......................................................................... 20
SUMMER VILLAGE OF ITASKA BEACH LAND USE BYLAW
BYLAW NO. 2021-01
SECTION 1 - DEFINITIONS AND INTERPRETATION
1.1
Title:
This Bylaw is the SUMMER VILLAGE OF ITASKA BEACH LAND USE
BYLAW and will be referred to as such.
1.2
Repeal and Replacement:
Bylaw No. 2005-01MC (the "Previous Land Use Bylaw"), is hereby
repealed in its entirety and replaced with this Bylaw. The provisions of this
Bylaw come into effect upon enactment, and, thereafter, no application for
a Development Permit shall be evaluated under the Previous Land Use
Bylaw whether the application respecting same was received before the
enactment of this Bylaw or not.
1.3
Items Included:
This Bylaw includes the text contained herein and the Land Use Districts
Map appended hereto as Schedule "A".
1.4
Headings:
Headings and titles appearing in this Bylaw shall be deemed to form a part
of the text of this Bylaw.
1.5
The Land Use Districts Map:
The Land Use Districts Map appended hereto as Schedule "A" divides the
geographic area of the Summer Village into distinct Land Use Districts. In
the event of any dispute arising as to the geographical extent of any Land
Use District or as to the precise location of the boundary of any Land Use
District, the following rules shall apply:
(a)
where a Land Use District boundary is shown as approximately
following the centre of any roadway, it shall be deemed to follow the
centre line thereof;
(b)
where a Land Use District boundary is shown as approximately
following the boundary of a Site, the Site boundary shall be deemed
to be the boundary of the Land Use District for that portion of the
Land Use District boundary which approximates the Site boundary;
2
(c)
where a Land Use District boundary is shown as approximately
following the corporate limits of the Summer Village, it shall be
deemed to be following corporate limits of the Summer Village; and
(d)
where a Land Use District boundary is shown as approximately
following the shore line of Pigeon Lake, it shall be deemed to follow
such shore line, and, in the event of any movement in such shore
line, it shall be deemed to move with the same.
1.6
Definitions, General:
Words and phrases appearing in this Bylaw which are otherwise defined in
the Act shall bear the meaning prescribed by the Act. Subject thereto, the
following words shall bear the following meanings, unless the context
requires otherwise, namely:
(a)
"Accessory Building" means a building or structure located on the
same Site as a Principal Building, which building is subordinate to
and is of a type normally incidental to the Principal Building and the
use of which building is subordinate to and is normally incidental to
the use of the Principal Building;
(b)
"Accessory Use" means a use of land or a building which is
subordinate to and is normally incidental to any use of land or use of
the Principal Building lawfully occurring on a Site;
(c)
"Act" means the Municipal Government Act, RSA 2000, c. M-26
and all amendments thereto and substitutions therefor. Sections of
the Act referenced herein by number and subsequently renumbered
will be read as references to that section as it is renumbered;
(d)
"Board" means the Subdivision and Development Appeal Board or
the Intermunicipal Subdivision and Development Appeal Board, as
the case may be;
(e)
"Building Height" means the vertical distance between the horizontal
plane through Grade and a horizontal plane through:
(i)
the highest point of the roof in the case of a building with a
flat roof or a roof having a slope of less than 20 degrees; and
(ii)
the average level between eaves and ridges in the case of a
pitched, gambrel, mansard or hipped roof or a roof having a
slope of more than 20 degrees; provided that, in all such
cases, the ridge line of the roof shall not extend more than
3
1.5 metres above the maximum permitted Building Height of
the Land Use District;
(f)
"Carport" means an Accessory Building (which may or may not be
attached to the Principal Building) used for parking not more than
two private motor vehicles and which has not less than 40 percent of
its total perimeter open and unobstructed;
(g)
"Council" means the municipal council of the Summer Village;
(h)
"Development" means development as defined in the Act;
(i)
"Development Appeal" means an appeal taken pursuant to section
685 of the Act;
(j)
"Discretionary Use" means a use of land or buildings in a Land Use
District in respect of which a Development Permit may be issued at
the discretion of the Development Authority, with or without
conditions;
(k)
"Driveway" means an area that provides access for vehicles
between a public roadway and a Garage or a Parking Pad;
(l)
"Dwelling Unit" means a self-contained living premises consisting of
one or more rooms with cooking, eating, living, sleeping and
sanitary facilities for domestic use, but does not include a Mobile
Home, a Recreational Vehicle nor a Guest Cottage;
(m)
"Garage" means an Accessory Building (which may or may not be
attached to the Principal Building but which does not share footings
with the Principal Building) used for parking not more than three
private motor vehicles;
(n)
"Guest Cottage" means an Accessory Building consisting of one or
more rooms with sleeping accommodation and which may contain
sanitary facilities, but which does not contain cooking or eating
facilities and which is not intended to comprise a self-contained
Dwelling Unit, but is intended to provide overflow accommodation
for the Principal Building located on the Site;
(o)
"Grade" means the elevation of a Site employed for purposes of
determining
Building
Height.
In
determining
Grade,
the
Development Authority shall select from the following the
4
methodologies that one which best ensures compatibility with
neighbouring developments, namely:
(i)
if the applicant can show by reference to reliable surveys
that the pre-Development elevation of the Site varies by no
more than one meter in 30 lineal meters, the Development
Authority may determine Grade by calculating the average of
the highest and lowest elevation on the Site; or
(ii)
the Development Authority may determine Grade by
calculating the average of the pre-Development elevations at
the corners of the Site as shown on a reliable survey; or
(iii)
the Development Authority may determine Grade by
calculating the average elevation of the corners of the
buildings on all properties abutting the Site;
(p)
"Lot" means one or more parcels of land in respect of which a single
Certificate of Title has been issued;
(q)
"Mobile Home" means a year-round, portable residential structure
that is constructed in one or more parts on a permanent
undercarriage or chassis and is specifically designed with the intent
of being easily transported from time to time from one location to
another and is designed to be occupied without being placed on a
permanent foundation;
(r)
"Parking Pad" means an area that is used for the parking of private
motor vehicles and is comprised of one or more vehicle parking
spaces, but does not include a Driveway;
(s)
"Permitted Use" means a use of land or buildings in a Land Use
District in respect of which a Development Permit must be issued by
the Development Authority, with or without conditions, provided that
the same is otherwise in strict compliance with and conformity to the
provisions of this Bylaw and the Act;
(t)
"Principal Building" means a building which:
(i)
is the chief or main building amongst all buildings on a Site; and
(ii) exemplifies, by reason of its character and intended function,
the primary use of the Site upon which it is located;
5
(u)
"Recreational Vehicle" means a mobile unit which is designed to be
used as temporary living or sleeping accommodation, and includes,
but is not limited to, holiday trailers, tent trailers, truck campers,
vans, and motor homes, but does not include a Mobile Home;
(v)
"Site" means one or more contiguous Lots in respect of which an
application for a Development Permit is being made;
(w)
"Site Coverage" means the total horizontal area of all buildings or
structures on a Site which are located at or higher than 1.0 metre
above Grade calculated by perpendicular projection onto a
horizontal plane from one point located at an infinite distance above
all buildings and structures on the Site. This calculation shall not
include:
(i)
steps, eaves, cornices, and similar, minor projections;
(ii) driveways, aisles and parking areas or pads unless they
comprise part of a structure which extends 1.0 metres or more
above Grade; or
(iii) unenclosed inner and outer courts, terraces and patios where
these are less than 1.0 metre above Grade.
(x)
"Storey" means each portion of a building situated between the top
of any floor and the top of the floor next above it. If there is no floor
above, the Storey is the portion of the building situated between the
top of any floor and the ceiling above it. If the top of the floor
directly above a basement is more than 1.83 metres above Grade,
such basement shall be considered a Storey for the purpose of this
Bylaw;
(y)
"Storey, Half" means a Storey under a gable, hip, or gambrel roof,
the wall plates of which, on at least two opposite walls, are not
more than 0.66 metres above the floor of such Storey;
(z)
"Summer Village" means the Summer Village of Itaska Beach; and
(aa)
"Yard" means a required open space running the full length or width
of a Site, as the case may be, unoccupied and unobstructed
(except to the extent otherwise permitted by this Bylaw) by any
structure or portion of a structure at or above 0.9 metres above
Grade. The Front Yard is the Yard extending back into the Site
from the Site boundary nearest to and generally parallel to the
shore of Pigeon Lake. The Rear Yard is the Yard extending
forward into the Site from the Site boundary furthest from and
6
generally parallel to the shore of Pigeon Lake. The Side Yards are
the Yards commencing at the Site boundaries perpendicular to the
Front Yard and the Rear Yard and extending into the Site from
each such Site boundary.
1.7
Land Use Definitions:
The following definitions apply to the uses of land and buildings referred to
in this Bylaw, namely:
(a)
"Single Detached Housing" means Development consisting of a
single Principal Building containing only one Dwelling Unit and
associated Accessory Buildings;
(b)
"Municipal Park" means Development consisting of park and open
space intended, generally, for use and access by the public
together with recreation facilities, storage, Accessory Buildings and
parking areas appurtenant thereto;
(a)
"Nature Preserve" means Development consisting of land left in its
natural state for the purpose of preserving the same for the benefit
of native flora and fauna;
(b)
"Office in the Home" means Development consisting of the use of a
minor
portion
of
an
approved
Single
Detached
Housing
Development by a resident of the Principal Building as an office for
a business which business meets the following criteria, namely:
(i)
the business use is secondary to the residential use of the
building in which it is located;
(ii)
the business and its operations are undetectable from the
exterior of the property; and
(iii)
except for residents of the Principal Building, no employees
of the business use any portion of the Site or any
improvement thereon as a workplace;
(c)
"Overflow Parking Facilities" means Development designed to
provide parking for public or private events; and
(d)
"Public Utility Services" means Development designed to provide
and accommodate public utilities and servicing and to provide
municipal access ways.
7
SECTION 2 - ADMINISTRATION
2.1
Development Authority:
The Development Authority for the Summer Village shall be that
designated officer, municipal planning commission or other person or
organization designated as such by the Council, by bylaw, from time to
time. In addition, the Development Authority shall be the designated
officer of the Summer Village contemplated at Section 542 of the Act.
2.2
Duties of Development Authority:
The Development Authority shall:
(a)
receive, consider and decide upon all Development Permit
applications in accordance with the provisions of this Bylaw and the
Act;
(b)
make available for inspection by members of the public a copy of
this Bylaw and ensure that copies of this Bylaw are available for
purchase at a reasonable price;
(c)
make available for inspection by members of the public copies of all
Development Permit applications made and all Development
Permits issued hereunder; and
(d)
exercise development powers and perform duties on behalf of the
Summer Village in accordance with the Act and this Bylaw.
2.3
Duties With Respect to Development Permit Applications:
The Development Authority:
(a)
shall review each Development Permit application submitted to the
Summer Village and confirm that the same is complete in
accordance with the requirements of this Bylaw;
(b)
shall approve, without conditions or with such conditions as
required to ensure compliance with this Bylaw, a Development
Permit application for the development of a Permitted Use,
provided that such Development complies with all of the provisions
of this Bylaw;
(c)
shall refuse a Development Permit application for the development
of a Permitted Use or a Discretionary Use if the Development does
not otherwise comply with this Bylaw unless a variance is granted
8
in accordance with Section 2.4 of this Bylaw, in which latter case
the proposed Development shall be deemed to constitute a
Discretionary Use in any event;
(d)
may refuse or approve, with or without conditions, a Development
Permit application for the Development of a Discretionary Use;
(e)
shall refuse a Development Permit application for the Development
of a use which is neither a Permitted Use nor a Discretionary Use in
the applicable Land Use District;
(f)
shall, where any Development Permit application is refused,
provide notice of such refusal in writing to the applicant together
with the Development Authority's reasons for such refusal;
(g)
shall, where any Development Permit application is approved and
the remaining requirements and provisions of this Bylaw have been
complied with and met:
(i)
attach to the Development Permit as a part of the
Development Permit written reasons for the granting of any
variance given in accordance with Section 2.4;
(ii)
issue the Development Permit to the applicant;
(iii)
provide by regular mail to all assessed owners of property
(whether such property lies inside or outside the corporate
limits of the Summer Village) within 60 metres of the
boundaries of the Site a copy of the Development Permit;
and
(iv)
cause to be posted at a conspicuous location on the site a
copy of the Development Permit which posting shall remain
until the earlier of the expiry of the Development Permit or
the completion of the Development described therein; and
(h)
may require as a condition of issuing a Development Permit that
the applicant enter into an agreement with the Summer Village to
do all or of any of the following:
(i)
to construct or pay for the construction of a road required to
give access to the Development;
(ii)
to construct or pay for the construction of a pedestrian
walkway system to serve the Development or pedestrian
walkways to connect the pedestrian walkway system serving
9
the Development with a pedestrian walkway system that
serves or is proposed to serve an adjacent Development or
both;
(iii)
to install or pay for the installation of public utilities that are
necessary to serve the Development;
(iv)
to construct or pay for the construction of off-street or other
parking facilities;
(v)
to pay any off-site levy or redevelopment levy imposed by
Bylaw;
(vi)
to give security to ensure that the terms of any agreement
entered into pursuant to this Section are carried out.
2.4
Variance Powers:
(a)
Subject to the provisions of Section 2.4(c), the Development
Authority may, with respect to any Development Permit application,
vary the requirements of the Development Control Regulations of
this Bylaw where the proposed Development would not, in the
Development Authority's opinion:
(i)
unduly interfere with the amenities of the neighbourhood; nor
(ii)
materially interfere with or affect the use, enjoyment or value
of neighbouring properties, and
the proposed Development would conform with the use prescribed
for the subject land or building in this Bylaw.
(b)
Where an applicant requests or requires the Development Authority
to exercise its variance powers pursuant to this Section, the
Summer Village shall, at the sole cost and expense of the
applicant:
(i)
post for no less than seven (7) consecutive days a notice at
a conspicuous location on the Site, clearly visible from the
adjacent roadway, advising the public of the variance or
variances requested or required; and
(ii)
provide all assessed owners of property (whether such
property lies inside or outside the corporate limits of the
Summer Village) within 60 metres of the boundaries of the
10
Site with detailed, written notice of the variance or variances
requested or required,
and the Development Authority shall not exercise its variance
powers unless and until these preconditions are completed to the
satisfaction of the Development Authority. The foregoing
notwithstanding, the Development Authority may, at any time prior
to exercising the same, consult with property owners who may be
affected by a proposed exercise of the Development Authority's
variance powers.
(c)
The provisions of Section 2.4(a) notwithstanding, the Development
Authority is not authorized to vary any Development Control
Regulation which addresses:
(i)
Building Height;
(ii)
Fence and / or Gate Height; nor
(iii)
the number of Dwelling Units that may exist on a Site.
2.5
Development Permits:
(a)
Except as provided herein, no person shall commence, or cause or
allow to be commenced nor carry on, or cause or allowed to be
carried on a Development without a Development Permit therefor
issued under the provisions of this Bylaw.
(b)
A Development Permit issued under the provisions of this Bylaw
shall not be required for any of the following:
(i)
maintenance of or repairs to a building if the work to be
undertaken does not include any structural alterations and
does not result in the addition of a Dwelling Unit;
(ii)
the erection of a single Storey Accessory Building
comprising no greater than 10.0 square metres in Site
Coverage; provided that the area of the same shall be
considered in calculating aggregate Site Coverage for the
Site;
(iv)
the erection of a temporary structure, the sole purpose of
which is incidental to the carrying out of a Development for
which a Development Permit has been issued hereunder,
provided that the same is removed promptly upon
completion of the said Development;
11
(v)
landscaping where the existing grade of and the existing
surface drainage pattern of and from the Site is not
materially altered;
(vi)
the development of a driveway, other than a hard surfaced
driveway, where the existing grade of and the existing
surface drainage pattern of and from the Site is not
materially altered;
(vii)
the demolition of a building or structure where a
Development Permit has been issued hereunder for a new
Development on the same Site and the demolition of an
existing building or structure is implicit in that Development
Permit;
(viii)
the erection on a Site of a temporary sign of modest
proportions advising that the Site is for sale or for rent,
provided the sign is removed promptly upon the sale or
rental of the Site, as the case may be;
(ix)
the erection on a Site of a temporary sign in connection with
an election for public office, provided the sign is removed
promptly upon the completion of the election;
(x)
the erection of a fence or gate that complies with the
provisions of this Bylaw;
(xi)
the installation, repair or maintenance of a public utility (as
defined in the Act) within or upon a road or a public utility lot;
(xii)
activities otherwise exempted by the Act from the
requirement for a Development Permit; and
(xiii)
work being pursued under the authority of a Development
Permit issued pursuant to the Previous Land Use Bylaw.
(c)
When an application for a Development Permit has been approved
by the Development Authority, such Development Permit shall not
be valid unless and until all conditions of the approval (except those
of a continuing nature) have been fulfilled and until the statutory
period for the filing of a Development Appeal against the issuance
of such Development Permit has expired.
(d)
When a Development Appeal is filed against the issuance of a
Development Permit or against the imposition of any condition on a
12
Development Permit, the Development Permit shall be suspended
and deemed invalid pending the withdrawal of the Development
Appeal or the final decision of the Board, as the case may be.
Where a subsequent appeal is taken to the Court of Appeal, the
Development Permit shall be further suspended and deemed
invalid pending the final decision of the Court of Appeal and the
completion of any process directed by the Court of Appeal.
(e)
A Development Permit shall expire and shall no longer be valid
after one year from the date of its issuance if no substantial
construction pursuant thereto has been initiated. For purposes of
this Subsection, construction includes, but is not limited to, site
preparation or excavation.
(f)
All construction relative to a Development Permit shall be
completed within one year next following the issuance of that
Development Permit or within one year next following the final
decision of the Board in relation thereto, as the case may be. The
Development Authority may, on application made prior to the expiry
of such one year period and at its discretion, extend the said period
for one further year.
(g)
If a Development Permit is issued for a Site in respect of which any
other Development Permit has been previously issued, all previous
Development Permits shall be invalid to the extent the physical
aspects of the newly approved Development conflict with the same
or to the extent the newly approved Development could not occur
simultaneously upon the Site in conformity with the provisions of
this Bylaw.
2.6
Development Permit Applications:
Every application for Development Permit shall:
(a)
be initiated by the submission to the Summer Village of a standard
form application document adopted from time to time by resolution
of Council;
(b)
be signed by the registered owner of the Site or by the authorized
agent of the registered owner;
(c)
contain sufficient details as to the proposed use and occupancy of
all parts of the Site and of all buildings located or proposed to be
located thereon to enable the Development Authority to determine
compliance with this Bylaw;
13
(d)
include site plans to a scale, in a form and to a standard
satisfactory to the Development Authority demonstrating:
(i)
the location and dimensions of all required Yards;
(ii)
the location and horizontal dimensions of all buildings and
other improvements located and proposed to be located on
the Site;
(iii)
the location and horizontal dimensions of all roof overhangs,
balconies and other projections from buildings located and
proposed to be located on the Site;
(iv)
calculations of Site Coverage;
(v)
the locations of all municipal services to and within the Site;
(vi)
details as to the landscaping proposed for the Site; and
(vii)
parking areas, driveways and the location of all proposed
accesses on to public roads;
(e)
include elevations and other drawings as the Development
Authority may require, all to a scale, in a form and to a standard
satisfactory to the Development Authority demonstrating:
(i)
the height and other dimensions of all buildings and other
improvements located and proposed to be located on the
Site;
(ii)
the location of all exterior windows, doors and other
openings in the buildings and other improvements located
and proposed to be located on the Site; and
(iii)
the exterior finishes and treatments to be incorporated in the
Development; and
(f)
include any other drawings, plans, information, tests or surveyors'
reports regarding the Site, the proposed Development or the
potential impact of the proposed Development on neighbouring
properties as may be directed by this Bylaw or as the Development
Authority may, in its discretion, direct;
The Development Authority may, at its discretion and in light of the nature
of the Development being proposed, waive or modify any of the
requirements of subsections 2.6(d) and (e).
14
2.7
Development Permit Fees and Deposits:
The Council may, by Resolution:
(a)
impose a fee or a schedule of fees for the making of any
Development Permit application; and
(b)
require a security deposit to paid on the making of any Development
Permit application to ensure compliance with the terms of the
Development Permit being sought and the provisions of this Bylaw,
and no application for a Development Permit will be considered complete
until such amounts have been paid to the Summer Village.
SECTION 3 - DEVELOPMENT CONTROL REGULATIONS, GENERAL
3.1
Site Grading:
(a)
Where substantial grading of a Site is undertaken separate and
apart from any other development of or on that Site, the grading
shall be deemed to be a Development and shall require a
Development Permit. Grading will be considered substantial if the
same may substantially affect drainage patterns on the Site or may
cause any adverse impact on neighbouring properties, roadways or
Pigeon Lake.
(b)
In every case, whether Site grading forms a separate part of an
overall Development or constitutes a Development in and of itself,
Site grades shall be established:
(i)
in a manner satisfactory to the Development Authority;
(ii)
in a manner designed to prevent any adverse impact on
neighbouring properties, roadways or Pigeon Lake; and
(iii)
in compliance with any applicable Drainage or Grading
Bylaws or Plans adopted by the Summer Village.
(c)
The Development Authority may, at its discretion and in light of the
nature of the Development being proposed, require the applicant to
provide an engineered grading plan for the site.
15
3.2
Relocation of Buildings:
The relocation of an existing building to a Site as either a Principal
Building or an Accessory Building constitutes a Development of that Site.
Where a building is to be relocated to a site, the use to which the building
is intended to be put:
(a)
must be listed in this Bylaw as a Permitted Use or a Discretionary
Use available for that Site; and
(b)
shall be deemed to be a Discretionary Use for purposes of the
relocation of that building.
3.3
Engineering Requirements and Other Referrals:
(a)
In any circumstance where the Development Authority is of the
opinion it would be prudent to so do, the Development Authority
may direct that the applicant for a Development Permit provide a
certificate or other report from an engineer or other professional
person in relation to a proposed Development or any aspect of it.
In such circumstances, the costs of complying with the
Development Authority's direction shall be borne by the applicant,
and the applicant's application for a Development Permit shall be
deemed incomplete until such time as the direction has been
complied with.
(b)
In any circumstance where the Development Authority is of the
opinion it would be prudent to so do, the Development Authority
may refer an application to Alberta Environmental Protection or to
any other governmental authority for their comments prior to issuing
a Development Permit and may, thereafter, impose a condition on
any Development Permit issued that the applicant comply with such
requirements of the referral agency as the Development Authority
may deem appropriate in the circumstances.
3.4
Appearance of Buildings:
The design, construction and architectural appearance of any building or
structure shall be to the satisfaction of the Development Authority, shall
not threaten public health or safety and shall be compatible with the
general standard of design and construction in the immediate
neighbourhood of the Site.
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3.5
Stockpiles:
Stockpiles of excavated or proposed fill materials shall not to be located in
areas of concentrated flows of storm water runoff and shall be protected
by a perimeter erosion barrier designed to prevent sediment from leaving
the immediate vicinity of the stockpile. Stockpiles of excavated or
proposed fill materials shall be incorporated into the project for which they
are intended at the earliest, practicable opportunity.
3.6
Sewage Disposal:
All buildings, facilities and Developments undertaken on a Site shall
comply with Bylaw 142 and all amendments thereto or substitutions
therefor, and such compliance is hereby imposed as a condition on all
Development Permits issued hereunder.
3.7
Potable Water Supply:
Every application for a Development Permit in respect of a residential use
shall contain a detailed proposal as to how the Development is to be
provided with a supply of potable water, and no Development for
residential use shall be permitted unless the same shall be supplied with
potable water.
3.8
Non-Permeable Surfaces:
(a)
Driveways shall be of permeable design and construction and shall
not be impermeably hard-surfaced with asphalt, concrete or similar
materials. Acceptable Driveway construction may consist of
materials such as gravel, grass, or plastic or concrete grid systems
designed to allow water to freely penetrate into the ground.
(b)
In addition to the Site Coverage limitations provided for in any Land
Use District, impermeable hard-surfaced features such as patios,
walkways and Parking Pads shall be limited, in the aggregate, to a
total area not to exceed fifteen (15%) percent of the total area of a
Site.
3.9
Guest Cottages:
(a)
Guest Cottages shall be of permanent, conventional construction.
(b)
Guest Cottages shall be constructed behind the rear face of the
Principal Building on a site.
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(c)
A Guest Cottage may be developed as a stand-alone Accessory
Building or may be incorporated into any other Accessory Building
on a Site provided all requirements of this Bylaw applicable to such
Accessory Building are complied with.
3.10 Mobile Homes:
Mobile Homes are not permitted on any Site.
3.11 Recreational Vehicles:
(a)
Except during the period of construction of a Principal Building on
that Site, a Recreational Vehicle shall not be utilized as a Principal
Building or as a Guest Cottage for the residential use of a Site.
(b)
Provided the same does not, in the opinion of the Development
Authority, present an unsightly condition on a Site, and provided the
same is stored to the rear of the Principal Building, one, unoccupied
Recreation Vehicle may be stored on a Site between the months of
October and April in each off-season without the need for a
Development Permit. Otherwise, no Recreational Vehicles shall be
stored on a Site except within an Accessory Building.
(c)
The provisions of section 3.11(a) notwithstanding, for two separate
periods in each calendar year not to exceed seven (7) consecutive
days, each, one Recreation Vehicle being used for accommodation
purposes may be parked on a Site without the need for a
Development Permit. At no time shall there be more than one
Recreational Vehicle parked on a Site.
SECTION 4 - LAND USE DISTRICTS
4.1
P
PARK DISTRICT
(a)
General Purpose:
The purpose of this District is to provide for municipally owned park space
for public access and recreation.
(b)
Permitted Uses:
(i)
Municipal Park
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(c)
Discretionary Uses:
(i)
Public Utility Services;
(ii)
Overflow Parking Facilities.
(d)
Development Control Regulations:
(i)
Development in this District shall be undertaken only by or at the
direction of the Summer Village.
(ii)
Use of and access to all facilities in this District shall be subject to
the direction and control of Council.
4.2
R
RESIDENTIAL DISTRICT
(a)
General Purpose:
The purpose of this District is to provide for low density, residential land
use in a lakeside setting.
(b)
Permitted Uses:
(i)
Single Detached Housing.
(c)
Discretionary Uses:
(i)
Office in the Home;
(ii)
Public Utility Services.
(d)
Development Control Regulations:
(i)
The minimum Site width shall be 15.0 metres.
(ii)
The maximum number of Dwelling Units that may be located on a
Lot is one. Where a Site is comprised of more than one Lot, the
maximum number of Dwelling Units that may be located on that
Site is one.
(iii)
The maximum Building Height for a Principal Building shall be the
lesser of:
(A)
8 metres; and
(B)
2½ storeys.
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(iv)
The maximum Building Height for an Accessory Building shall be
the lesser of:
(A)
5 metres; and
(B)
1½ storeys.
(v)
The maximum Site Coverage for all buildings shall be 30% of the
Site Area. The maximum Site Coverage for Accessory Buildings
shall be limited to 93 square metres, in the aggregate. In the case
of any site exceeding 45 metres in depth, the Development
Authority shall direct that buildings be designed and located on the
Site in a manner that will, in the opinion of the Development
Authority, avoid excessive massing at any particular location on the
Site and distribute the impact of construction more evenly over the
developable areas of the Site.
(vi)
The minimum Front Yard shall be 8 metres deep.
(vii)
The minimum Rear Yard shall be:
(A)
in the case of a Principal Building, 6 metres deep; and
(B)
in the case of Accessory Buildings, 3 metres deep except
where the vehicle doors of a Garage or the vehicle entrance
of a Carport face the rear of a Site, in which case the
minimum Rear Yard in respect of that Garage or Carport
shall be 6 metres deep.
(viii)
The minimum Side Yards shall be 2 metres deep, each.
(ix)
The foregoing provisions of this Section notwithstanding:
(A)
verandas, porches, decks, balconies, unenclosed steps and
other architectural features which are of a similar character
may project up to 1.0 metres into any required Front Yard or
Rear Yard; and
(B)
eaves, chimneys, sills, shade projections, cantilevered
projections with windows (such as bay, oriel or similar
windows) and other architectural features which are of a
similar character may project up to 0.6 metres into any
required Yard.
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(x)
Accessory Buildings shall be located no further forward on a Site
than the front line of the Principal Building.
(xi)
Landscaping shall be provided to the satisfaction of the
Development Authority, and Sites in this District shall be
landscaped in a manner complementary to and consistent with the
lakeside residential character of the District.
(xii)
Fences and gates shall be no higher than:
A.
0.9 metres in any Front Yard including the adjacent Side
Yards, and
B.
1.5 metres in Rear Yard including the adjacent Side Yards.
4.3
NH
NATURAL HABITAT DISTRICT
(a)
General Purpose:
The purpose of this District is to provide for areas where no active
Development will occur.
(b)
Permitted Uses:
(i)
Nature Preserve
(c)
Discretionary Uses:
None
(d)
Development Control Regulations:
(i)
Except for fencing at the perimeter of a Site and except for public
utilities (as defined in the Act) passing through a Site, no
improvements or structures of any nature or kind may be erected or
brought onto the lands.
(ii)
Improvements or structures existing on a Site at the date this
district is applied may remain as non-conforming buildings within
the meaning of the Act, and the Development Authority is
authorized to issue any necessary Development Permits for the
repair, maintenance and refurbishing of the same, even to the
extent some structural alterations may be required.
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(iii)
This district may be applied to lands owned by the Summer Village
and may be applied to other lands within the Summer Village only
with the consent of the owner of those lands.
Read a first time this 14th day of April, 2021.
Read a second time this 16th day of June, 2021.
Read a third time and finally passed, this 16th day of June, 2021.
_______________________________ _______________________________
MAYOR
CHIEF ADMINISTRATIVE OFFICER
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