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BYLAW 03-23 | ADOPTED AUGUST 2023
SUMMER VILLAGE OF MEWATHA BEACH
LAND USE BYLAW
i
TABLE OF CONTENTS
1 INTERPRETATION
1
1.1
TITLE
1
1.2
REPEAL AND REPLACEMENT
1
1.3
ITEMS INCLUDED
1
1.4
HEADINGS
1
1.5
DEFINITIONS
1
2 DEVELOPMENT
9
2.1
DEVELOPMENT AUTHORITY
9
2.2
DUTIES OF THE DEVELOPMENT AUTHORITY
9
2.3
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT
9
2.4
DEVELOPMENTS REQUIRING A PERMIT
10
2.5
APPLICATION FOR DEVELOPMENT
10
2.6
DEVELOPMENT AUTHORITY REVIEW OF APPLICATION
13
2.7
VARIANCE POWERS
13
2.8
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
14
2.9
DECISION
14
2.10 DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
16
2.11 DEVELOPMENT AGREEMENT
17
2.12 DEVELOPMENT PERMIT FEES
17
3 SUBDIVISION
18
3.1
SUBDIVISION APPLICATION REQUIREMENTS
18
3.2
SUBDIVISION PROCESS
19
3.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
20
3.4
DUTIES OF THE SUBDIVISION AUTHORITY
20
3.5
SUBDIVISION REQUIREMENTS & CONDITIONS
21
4 SUBDIVISION AND DEVELOPMENT APPEALS
22
4.1
DEVELOPMENT APPEALS
22
4.2
SUBDIVISION APPEALS
23
4.3
APPEAL HEARINGS
23
4.4
APPEAL DECISION
24
5 GENERAL REGULATIONS
26
5.1
APPEARANCE OF BUILDINGS
26
5.2
ENGINEERING REQUIREMENTS AND OTHER REFERRALS
26
5.3
FENCES/WALLS/HEDGES/ENCLOSURES
27
5.4
GUEST HOUSES
27
5.5
KEEPING OF ANIMALS
27
5.6
MANUFACTURED HOMES
27
5.7
NON-CONFORMING BUILDINGS AND USES
28
5.8
NUISANCE
28
5.9
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
29
5.10 PARKING AND ACCESS
29
5.11 POTABLE WATER SUPPLY
29
5.12 PRESERVATION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
29
5.13 RECREATIONAL VEHICLES
29
5.14 RELOCATION OF BUILDINGS
30
5.15 SITE CONDITIONS
30
5.16 SITE GRADING
30
5.17 WASTEWATER DISPOSAL
31
ii
6 LAND USE DISTRICTS
32
6.1
ESTABLISHMENT OF LAND USE DISTRICTS
32
6.2
RESIDENTIAL DISTRICT - R1
33
6.3
PARKS AND RESERVES - P
35
7 LAND USE DISTRICT MAP
36
1
1 INTERPRETATION
1.1
TITLE
1
This Bylaw may be referred to as "The Summer Village of Mewatha Beach Land Use Bylaw," and may be referred to
within as "the Land Use Bylaw" or "the Bylaw."
1.2
REPEAL AND REPLACEMENT
1
Bylaw 01-08 (the "previous Land Use Bylaw"), is hereby repealed in its entirety and replaced with this Bylaw. The
provisions of this Bylaw come into effect upon enactment. No application for a development permit shall be
evaluated under the previous Land Use Bylaw whether the application respecting same was received before the
enactment of this Bylaw or not.
1.3
ITEMS INCLUDED
1
This Bylaw includes the text, figures, and the Land Use Districts Map in Section 7 contained herein.
1.4
HEADINGS
1
Headings and titles appearing in this Bylaw shall be deemed to form a part of the text of this Bylaw.
1.5
DEFINITIONS
1
Words and phrases appearing in this Bylaw which are otherwise defined in the Act shall bear the meaning
prescribed by the Act. Subject thereto, the following words shall bear the following meanings, unless the context
requires otherwise, namely:
1.
ACCESSORY
BUILDING
Mean a building or structure located on the same site as a principal building,
which building is subordinate to and is of a type normally incidental to the
principal building and the use of which building is subordinate to and is
normally incidental to the use of the principal building.
2.
ACCESSORY USE
Means a use of land or a building which is subordinate to and is normally
incidental to any use of land or use of the principal building lawfully occurring
on a site.
3.
ACT
(OR, THE ACT)
Means the Municipal Government Act, RSA 2000, Chapter M-26 and all
amendments thereto and substitutions therefore.
4.
ADJACENT
Means land that is immediately contiguous to a site, or would be immediately
contiguous to a site if not for a road, lane, walkway, watercourse, utility lot,
pipeline right-of-way, power line, railway, or similar feature.
2
Interpretation
5.
AGRICULTURAL
OPERATION
Means an agricultural operation as defined in the Agricultural Operation
Practices Act, R.S.A. 2000, c. A-7, as amended, and does not include cannabis
production and distribution facilities.
6.
APPEAL
Means an appeal made to the Subdivision and Development Appeal Board.
7.
BOARD
Means the Subdivision and Development Appeal Board established by Bylaw
01-10, the Subdivision and Development Appeal Board Bylaw.
8.
BOATHOUSE
Means an accessory building that is close and accessible to the water, the
purpose of which is the storage of boats and related equipment.
A boat house is not considered a dwelling unit, and does not contain cooking,
eating, living, sleeping, and sanitary facilities for domestic use.
9.
BUILDING
HEIGHT
Means the vertical distance measured from the established grade (see:
Established Grade) to the highest point of the roof. Building height does not
include any accessory roof construction such as mechanical housing, elevator
housing, roof stairway entrance, ventilating fan, skylight, flagpole, parapet wall,
chimney, steeple, communication structures or similar feature not structurally
essential to the building.
10.
CANNABIS
Means cannabis as defined in the Cannabis Act, S.C. 2018, c. 16, as amended, or
replaced.
Cannabis includes:
a. any part of a cannabis plant, including the phytocannabinoids produced
by, or found in, such a plant, regardless of whether that part has been
processed or not;
3
Interpretation
b. any substance or mixture of substances that contains or has on it any
part of such a plant; and
c. any substance that is identical to any phytocannabinoid produced by,
or found in, such a plant, regardless of how the substance was
obtained.
Cannabis does not include:
a. a non-viable seed of a cannabis plant;
b. a mature stalk (without leaves, flowers, seeds, or branches) of a
cannabis plant;
c. fibre derived from a mature cannabis stalk as referred to above;
d. the root or any part of the root of a cannabis plant; and
e. industrial hemp.
11.
CANNABIS
RETAIL SALES
Means a development used for the retail sales of cannabis that is authorized by
provincial or federal legislation. This use may include retail sales of cannabis
accessories, as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or
replaced. This use does not include cannabis production and distribution
facilities.
12.
CANNABIS
PRODUCTION
AND
DISTRIBUTION
FACILITIES
Means a development used principally for one or more of the following
activities relating to cannabis:
a. the production, cultivation, and growth of cannabis;
b. the processing of raw materials;
c. the making, testing, manufacturing, assembling, or in any way altering
the chemical or physical properties of semi-finished or finished
cannabis goods or products;
d. the storage or shipping of materials, goods, or products, or;
e. the distribution and sales of materials, goods, and products to the
Alberta Gaming, Liquor, and Cannabis Commission.
13.
CARPORT
Means an accessory building (which may or may not be attached to the
principal building) used for parking not more than two private motor vehicles
and which has not less than 40% of its total perimeter open and unobstructed.
14.
COMMERCIAL
USE
Means a business through which products, services, or entertainment are
available to consumers, whether the general public or other commercial
establishments. Commercial use shall include: business services, drive-in
businesses, retail stores, greenhouses, medical clinics, hotels, office uses,
personal services, and uses where a residence is secondary to the principal
commercial use.
15.
COUNCIL
Means the municipal council of the Summer Village of Mewatha Beach.
16.
DEVELOPMENT
Means development, as defined in the Act.
17.
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.
18.
DWELLING,
ATTACHED
Means a dwelling containing two (2) or more dwelling units which share a
common wall, and located side by side or above one another. Common types
4
Interpretation
of attached dwelling developments include duplexes, row housing, and
apartment buildings.
19.
DWELLING,
SINGLE
DETACHED
Means a building consisting of one (1) dwelling unit. A single detached dwelling
is a dwelling which is normally constructed on-site. However, a single detached
dwelling may be constructed in pieces offsite, or even in one piece, with the
piece(s) being transported to the site for assembly on-site, and thus may be a
modular dwelling.
Single detached dwellings shall not include manufactured home dwellings (see:
Dwelling, Manufactured Home).
20.
DWELLING,
MANUFACTURED
HOME
Means a dwelling which is constructed with a chassis or related assembly that
allows for the permanent or temporary attachment of a hitch and assembly to
enable relocation of the dwelling, and further, which conforms to the Canadian
Standards Association A277 and Z-240 Standards (or subsequent CSA
Standards). A manufactured home may be a single structure (commonly known
as a "single wide") or two parts which when put together comprises a complete
dwelling (commonly known as a "double wide").
21.
DWELLING UNIT
Means a self-contained living premises consisting of one or more rooms with
cooking, eating, living, sleeping and sanitary facilities for domestic use, but does
not include a recreational vehicle (RV) nor a guest house.
22.
ESTABLISHED
GRADE
Means the average elevation of the natural or finished level of the ground
adjoining a building at all exterior walls, or the level of the ground as
established by an approved grade plan.
If the ground is not entirely level, the grade shall be the average of the
elevation of the ground around the perimeter of the building.
23.
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.
24.
GUEST HOUSE
Means an accessory building consisting of one or more rooms with sleeping
accommodations that:
a.
may include sleeping areas, recreation areas, and toilet and bathing
facilities; and
b.
shall not include a food preparation area.
A guest house is intended to provide overflow accommodation for the principal
building located on the site.
5
Interpretation
25.
HOME
OCCUPATION,
MAJOR
Means any occupation, trade, profession, or craft carried on by an occupant of
a dwelling which is clearly secondary to the residential use of the building, and:
a. includes exterior signage advertising the occupation;
b. generate pedestrian or vehicular traffic or parking; and/or
c. includes the employment at the dwelling or accessory buildings of no
more than two (2) paid assistants, other than residents of the dwelling.
26.
HOME
OCCUPATION,
MINOR
Means any occupation, trade, profession, or craft carried on by an occupant of a
dwelling which is clearly secondary to the residential use of the building, and
which does not change the character of or have any exterior evidence of such
secondary use other than a sign as allowed in this Bylaw.
A minor home occupation must not:
a.
include exterior signage advertising the occupation;
b.
generate pedestrian or vehicular traffic or parking and;
c.
include the employment of persons other than residents of the
dwelling.
27.
LOT
Means:
a.
a quarter section or part of a quarter section,
b.
a river lot, lake lot, or settlement lot shown on an official plan referred
to in the Surveys Act that is filed or lodged in a Land Titles Office,
c.
a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title by
reference to a plan of subdivision.
28.
LOT, BACK
Means any lot that is not a lakeshore lot.
29.
LOT, CORNER
Means a lot having boundary lines on two or more roads, at their intersection
or junction. Corner lot also means a lot having a boundary line at a point where
a road or highway changes direction by a minimum of 45 degrees within the
boundaries of the lot.
30.
LOT, LAKEFRONT
Means a lot which faces onto Skeleton Lake and has any part of its frontage
directly onto the lake or onto the buffer strip of municipal reserve or
environmental reserve land that is located along the lakeshore.
6
Interpretation
31.
NON-
CONFORMING
Means a lawful specific use or building:
a. Being made of land or building or intended to be made of a building
lawfully under construction, at the date this Land Use Bylaw or any
amendment thereof affecting the land or building becomes effective;
and
b. That on the date this Land Use Bylaw or any amendment thereof
becomes effective does not, or in the case of a building under
construction, will not, comply with the Land Use Bylaw.
32.
OVERFLOW
PARKING
FACILITIES
Means development designed to provide parking for public or private events.
33.
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.
34.
PRINCIPAL
BUILDING
Means a building that:
a.
is the chief or main building amongst all buildings on a site; and
b.
exemplifies (by reason of its character and intended function) the
primary use of the site upon which it is located.
35.
PUBLIC OR
QUASI-PUBLIC
USE
Means a use by a department or agency of the federal or provincial
government, or the Summer Village, for public administration and services and
shall also include uses for the purpose of assembly, instruction, culture or
enlightenment, or for community related activities.
36.
PUBLIC PARK
Means development designed or reserved for active or passive recreational
use, including natural open space, landscaped open space, playing fields, and
buildings that are consistent with the general purposes of recreation, whether
or not such uses are publicly operated or operated by other organizations
pursuant to arrangements with the public authority owning the public park.
Public parks include picnic grounds, trails, landscaped buffers, playgrounds,
baseball diamonds, and similar outdoor playing fields.
37.
PUBLIC UTILITY
Means a public utility as defined in the Act, but shall not include landfills.
7
Interpretation
38.
RECREATIONAL
VEHICLE (RV)
Means a mobile unit which is designed to be used as temporary living or
sleeping accommodation, and includes, but is not limited to, holiday trailers,
tent trailers, truck campers, vans, and motor homes, but does not include a
manufactured home.
39.
RESERVE
Means Conservation Reserve (CR), Environmental Reserve (ER), Municipal
Reserve (MR), Municipal and School Reserve (MSR), and School Reserve (SR),
either specifically or generally, as defined in the Act.
40.
SITE
Means one or more contiguous Lots in respect of which an application for a
development permit or subdivision is being made.
41.
SITE COVERAGE
Means the total horizontal area of all buildings or structures on a site which are
located at or higher than 1.0 m (3.3 ft) above grade calculated by perpendicular
projection onto a horizontal plane from one point located at an infinite distance
above all buildings and structures on the site. This calculation shall not include:
a.
steps, eaves, cornices, and similar, minor projections;
b.
driveways, aisles and parking areas or pads unless they
c.
comprise part of a structure which extends 1.0 m (3.3 ft) or more above
grade; or
d.
unenclosed inner and outer courts, terraces and patios where these are
less than 1.0 m (3.3 ft) above grade.
42.
STOREY
Means each portion of a building situated between the top of any floor and the
top of the floor next above it. If there is no floor above, the storey is the portion
of the building situated between the top of any floor and the ceiling above it. If
the top of the floor directly above a basement is more than 1.8 m (6.0 ft) above
grade, such basement shall be considered a storey for the purpose of this
Bylaw.
43.
STOREY, HALF
Means a storey under a gable, hip, or gambrel roof, the wall plates of which, on
at least two opposite walls, are not more than 0.66 m (2.16 ft) above the floor
of such storey.
44.
SUMMER
VILLAGE
Means the Summer Village of Mewatha Beach.
45.
YARD
Means a required open space running the full length or width of a site, as the
case may be, unoccupied and unobstructed (except to the extent otherwise
permitted by this Bylaw) by any structure or portion of a structure at or above
1.0 m (3.3 ft) above grade.
8
Interpretation
46.
YARD, FRONT
Means a yard extending across the full width of a parcel from the front wall of
the main building to the front boundary of the parcel. In the case of lakefront
lots, the font yard is the area between the lakeshore property line and the wall
of the main building facing the lake.
47.
YARD, REAR
Means a yard extending across the full width of a parcel from the rear wall of
the main building to the rear boundary of the parcel.
48.
YARD, SIDE
Means a yard extending from the front wall of the principal building to the rear
wall of the principal building and lying between the side property lines and the
principal building.
9
2 DEVELOPMENT
2.1
DEVELOPMENT AUTHORITY
1
The Development Authority for the Summer Village shall be that designated officer, Municipal Planning
Commission, or other person or organization designated as such by the Council by Bylaw 8-95, the Development
Authority Bylaw. In addition, the Development Authority shall be the designated officer of the Summer Village
contemplated at Section 542 of the Act.
2.2
DUTIES OF THE DEVELOPMENT AUTHORITY
1
The Development Authority shall:
a.
receive, consider and decide upon all Development permit applications in accordance with the provisions
of this Bylaw and the Act;
b.
make available for inspection by members of the public a copy of this Bylaw and ensure that a copy is
available on the Summer Village's website;
c.
make available for inspection by members of the public copies of all Development permits issued within
the Summer Village, in accordance with the requirements of the Freedom of Information and Protection of
Privacy Act;
d.
keep a register of all applications for development, including the decisions thereon and the reasons
therefore. This information will be released to the public upon request in accordance with the Freedom of
Information and Protection of Privacy Act; and
e.
exercise development powers and perform duties on behalf of the Summer Village in accordance with the
Act and this Bylaw.
2.3
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT
1
A Development permit issued under the provisions of this Bylaw shall not be required for any of the following:
a.
maintenance of or repairs to a building if the work to be undertaken does not include any structural
alterations and does not result in the addition of a dwelling unit;
b.
the erection of a single storey accessory building comprising no greater than 10.2 m2 (110.0 ft2) in site
coverage; provided that the area of the same shall be considered in calculating aggregate site coverage for
the site;
c.
the erection of a temporary structure, the sole purpose of which is incidental to the carrying out of a
development for which a development permit has been issued hereunder, provided that the same is
removed promptly upon completion of the said development;
d.
landscaping where the existing grade of and the existing surface drainage pattern of and from the site is
not materially altered;
e.
the demolition of a building or structure where a development permit has been issued hereunder for a new
development on the same site and the demolition of an existing building or structure is implicit in that
development permit;
10
Development
f.
the erection on a site of a temporary sign of modest proportions advising that the site is for sale or for rent,
provided the sign is removed promptly upon the sale or rental of the site, as the case may be;
g.
the erection on a site of a temporary sign in connection with an election for public office, provided the sign
is removed promptly upon the completion of the election;
h.
the erection of a fence or gate no higher than 0.9 m (3.0 ft) in any front yard or 1.5 m (4.9 ft) in any side
yard or in any rear yard;
i.
the installation, repair or maintenance of a public utility (as defined in the Act) within or upon a road or a
public utility lot;
j.
activities otherwise exempted by the Act from the requirement for a development permit; and
k.
work being pursued under the authority of a development permit issued pursuant to the previous Land Use
Bylaw.
2.4
DEVELOPMENTS REQUIRING A PERMIT
1
Except as provided for in Section 2.3, no person shall commence, or cause or allow to be commenced nor carry on,
or cause or allowed to be carried on a development without a development permit therefore issued under the
provisions of this Bylaw.
2
When an application for a Development permit has been approved by the Development Authority, such
development permit shall not be valid unless and until all conditions of the approval (except those of a continuing
nature) have been fulfilled and until the statutory period for the filing of an appeal against the issuance of such
development permit has expired.
3
When an appeal is filed against the issuance of a development permit or against the imposition of any condition on
a development permit, the development permit shall be suspended and deemed invalid pending the withdrawal of
the appeal or the final decision of the Board, as the case may be. Where a subsequent appeal is taken to the Court
of Appeal, the development permit shall be further suspended and deemed invalid pending the final decision of the
Court of Appeal and the completion of any process directed by the Court of Appeal.
4
A development permit shall expire and shall no longer be valid after one year from the date of its issuance if no
substantial construction pursuant thereto has been initiated. For purposes of this Section, construction includes,
but is not limited to, site preparation or excavation.
5
All construction relative to a development permit shall be completed within one year next following the issuance
of that development permit or within one year next following the final decision of the Board in relation thereto, as
the case may be. The Development Authority may, on application made prior to the expiry of such one year period
and at its discretion, extend the said period for one further year.
6
If a development permit is issued for a site in respect of which any other development permit has been previously
issued, all previous development permits shall be invalid to the extent the physical aspects of the newly approved
development conflict with the same or to the extent the newly approved development could not occur
simultaneously upon the site in conformity with the provisions of this Bylaw.
2.5
APPLICATION FOR DEVELOPMENT
1
An application for development permit shall be completed and submitted to the Development Authority in writing,
in the form required by the Development Authority, and shall be accompanied by:
11
Development
a.
a non-refundable application fee, as established by Council;
b.
a site plan showing:
i)
front, side and rear yards;
ii) north point;
iii) legal description of the property;
iv) access and egress points to the property; and
v) the location and dimensions of existing and proposed municipal and private local improvements,
principal building and other structures including accessory buildings, garages, carports, fences,
driveways, paved areas, and major landscaped areas including buffering and screening areas where
provided;
c.
a statement of the proposed use(s) or occupancy of all parts of the land and buildings, and such other
information as may be required by the Development Authority; and
d.
a statement of ownership of the land and the interest of the applicant therein.
2
The Development Authority may also require additional information in order to assess the conformity of a proposed
development with this Bylaw before consideration of the development permit application shall commence. Such
information may include (but not limited to):
a.
the location of existing and proposed municipal and private storm and sanitary sewage collection and
disposal, and water supply and distribution utilities, landscaped areas, and buffering and screening;
b.
the height and horizontal dimensions of all existing and proposed buildings;
c.
outlines of roof overhangs on all buildings;
d.
existing and proposed elevations on the site and on adjacent sites, roads and lanes;
e.
post construction site and building elevations;
f.
floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in either
the basement or on the main floor in the principal and accessory buildings;
g.
landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas, fences,
screenings, and outdoor furniture on the site and on adjacent boulevards within road rights-of-way;
h.
in the Residential Land Use Districts (R1 and R2), the suggested location for a future driveway and garage
or carport, if the application itself does not include such buildings as part of the proposal;
i.
future development plans for a site which is to be partially developed through the applicable development
permit;
j.
in the case of a proposed home occupation, information concerning the number of employees, the location
of any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site
each week;
12
Development
k.
any other information or tests required by the Development Authority, at their discretion, respecting the
site or adjacent lands, including an environmental screening of the site, geotechnical reports and/or flood
hazard mapping;
l.
a statutory declaration indicating that the information supplied is accurate; and
m.
for a moved in (relocated) building, pictures of the exterior of the structure that provide information
relating to the age and condition of the building and its compatibility with the Land Use District in which it
is to be located.
3
In addition to the information requirements indicated above, an application for a development permit for the
excavation or stripping of land that is proposed without any other development on the same land, may include with
the application, the following information:
a.
location and area of the site where the excavation is to take place,
b.
existing land use and vegetation,
c.
the type and dimensions including average depth of the excavation to be done, and the potential, if any, to
affect existing drainage patterns on and off the site,
d.
the depth and variation in depth of groundwater encountered in test holes, if required at the discretion of
the Development Authority,
e.
identification of potential for outdoor noise and the discharge of substances into the air,
f.
the condition in which the site is to be left when the operation is complete, including the action which is to
be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling
or lessening erosion or dust from the site,
g.
an indication of all municipal servicing costs associated with the development, and
h.
the proposed haul route, dust control plan, and expected hours of operation.
4
In addition to the information requirements indicated above, each application for a sign may be accompanied by
additional information at the discretion of the Development Authority.
5
Where a development permit for an accessory building has been applied for before a main building or main use has
been developed on a lot, the applicant must provide a site plan which identifies the proposed location for the
principal building or main use on the lot as part of the application.
6
In addition to the information requirements indicated above, the Development Authority may also require any
phase of an environmental assessment to determine the possible contamination of the subject site and the
mitigating measures necessary to eliminate such contamination. Alternative to or in addition to the foregoing, the
Development Authority may require a biophysical assessment to determine the potential effects of a proposed
development on the natural environment, and the measures necessary to mitigate such effects.
7
At the sole discretion of the Development Authority, any new development within an existing subdivision may be
required to provide to the Development Authority, for approval, an elevation plan of the subject site which indicates
where the stormwater is to be directed. Stormwater from the subject site is not to be directed onto adjoining
properties unless appropriate drainage easements or rights-of-way are in place. If the applicant for a development
permit indicates that the municipality is to verify compliance with the elevation and/or stormwater management
13
Development
plan, the cost to verify that the lot grades have been completed according to the plan shall be included in the cost
of the development permit.
2.6
DEVELOPMENT AUTHORITY REVIEW OF APPLICATION
1
The Development Authority may refer an application to an adjacent municipality or any other agency or person
which in their opinion may provide relevant comments or advice respecting the application.
2
The Development Authority may refer any application for a development permit to any municipal, provincial or
federal department, or any other person or agency considered affected by the Development Authority for
comments and recommendations.
3
When, in the opinion of the Development Authority, sufficient details of the proposed development have not been
included with the application for a development permit, the Development Authority may, at its sole discretion,
deem the application incomplete and request the applicant provide further details or make a decision on the
application with the information it has available.
4
The Development Authority may refuse to accept an application for a development permit if the application is for
a similar development on the same property as a development permit which has been applied for and refused by
the Development Authority or the Subdivision and Development Appeal Board within the last six (6) months.
2.7
VARIANCE POWERS
1
Subject to the provisions of Section 2.7.4, the Development Authority may, with respect to any development permit
application, vary the requirements of the development control regulations of this Bylaw where the proposed
development would not, in the Development Authority's opinion:
a.
unduly interfere with the amenities of the neighborhood; nor
b.
materially interfere with or affect the use, enjoyment or value of neighboring properties, and the proposed
development would conform with the use prescribed for the subject land or building in this Bylaw.
2
Where an applicant requests or requires the Development Authority to exercise its variance powers pursuant to
this section, the Summer Village shall, at the sole cost and expense of the applicant:
a.
post for no less than seven (7) consecutive days a notice at a conspicuous location on the Summer Village
of Mewatha Beach's website advising the public of the variance or variances requested or required; or
b.
provide all assessed owners of properties within 60.0 m (196.9 ft) of the boundaries of the site with
detailed, written notice of the variance or variances requested or required.
3
The Development Authority shall not exercise its variance powers unless and until these preconditions are
completed to the satisfaction of the Development Authority. The foregoing notwithstanding, the Development
Authority may, at any time prior to exercising the same, consult with property owners who may be affected by a
proposed exercise of the Development Authority's variance powers.
4
The provisions of Section 2.7.1 notwithstanding, the Development Authority is not authorized to vary any
Development Control Regulation which addresses:
a.
building height; nor
b.
the number of dwelling units that may exist on a site.
14
Development
2.8
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
1
The Development Authority Officer shall, within 20 days of the receipt of an application for a development permit,
determine whether the application is complete.
2
The time period referred to in Section 2.8.1 may be extended by an agreement in writing between the applicant
and the Development Authority Officer.
3
An application is complete if:
a.
in the opinion of the Development Authority Officer, the application contains the documents and other
information necessary to review the application; or
b.
the Development Authority does not make a determination within 20 days after receipt of an application
for a development permit.
4
If a Development Authority Officer determines that the application is complete, the Development Authority Officer
shall issue to the applicant, by means of posted letter or electronic notification, an acknowledgment that the
application is complete.
5
If the Development Authority Officer determines that the application is incomplete, the Development Authority
Officer shall issue, to the applicant a notice, in writing or electronically, that the application is incomplete. This
notice shall list any outstanding documents and information required to review the application, and provide a date
by which the documents or information must be submitted in order for the application to be considered complete.
6
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in
Part 2.8.5 the Development Authority Officer must deem the application to be refused.
7
Despite that the Development Authority Officer has issued an acknowledgment under Section 2.8.4 or 2.8.5 in the
course of reviewing the application, the Development Authority Officer may request additional information or
documentation from the applicant that the Development Authority Officer considers necessary to review the
application.
2.9
DECISION
1
Where a proposed use of land or a building is not provided for in any district in this bylaw, the Development
Authority may determine that such use is similar in character and purpose to a permitted or discretionary use
prescribed for that district.
2
The Development Authority may approve an application for a development permit if the proposed development
does not comply with this bylaw, if:
a.
they are satisfied that the proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
b.
the proposed development conforms with the use prescribed for the land and building.
3
Where a permit is refused, the Development Authority may refuse to accept a subsequent application for a permit
on the same property and for the same or similar use for a least six (6) months after the date of the initial refusal.
4
An application for development permit shall be considered by the Development Authority who shall:
15
Development
a.
approve, with or without conditions, an application for a permitted use where the proposed development
conforms to this Bylaw, or
b.
approve, with or without conditions, or refuse an application for a discretionary use, or
c.
refuse an application for a use which is neither a permitted nor a discretionary use.
5
In making a decision, the Development Authority may also impose such conditions as are required to ensure
compliance with this Bylaw including both the verification by either an official appointed by the municipality or by
certification by either an engineer, an architect, or an Alberta Land Surveyor that the measures indicated within the
various elements of information provided with the application, including any mitigative or elimination measures, as
described through the information provided pursuant to Section 2.7 have been completed or will be undertaken,
as appropriate, in accordance with the Development Authority's approval.
6
The Development Authority may require that as a condition of issuing a development permit, the applicant enter
into a development agreement with the Municipal Council to do all or any of the following to construct or pay for
the construction of roads, pedestrian walkways or parking areas which serve the development or which connect
the walkway with another walkway system that serves or is proposed to serve an adjacent development, to install
or pay for the installation of public utilities other than telecommunications systems or works, to pay an off-site levy,
and/or to give security to ensure that the terms of the agreement noted herein are carried out.
7
At the discretion of the Summer Village, a development agreement may be registered by caveat under the Land
Titles Act against the Certificate of Title for the subject property. The Summer Village will discharge this caveat once
the agreement has been complied with.
8
The Development Authority may also require that as a condition of issuing a development permit, all requirements
of this Bylaw and of Provincial regulations be met, and that any further development on the subject site require a
development permit.
9
In the case where a proposed specific use of land or a building is not provided for in any land use district in the
Bylaw, the Development Authority may determine that such use is similar in character and purpose to a permitted
or discretionary use prescribed for a particular District.
10
An application for a development permit shall, at the option of the applicant, be deemed to be refused when a
decision thereon is not made by the Development Authority within forty (40) days after receipt of the application
by the Development Authority. The person claiming to be affected may appeal in writing as provided for in Section
4 of this Bylaw as though they have received a refusal at the end of the forty (40) day period specified in this Section.
11
A Development Authority may suspend or revoke a development permit at any time:
a.
where the permit was issued on the basis of incorrect information, fraud, non-disclosure, or
misrepresentation on the part of the applicant; or
b.
where the permit was issued in error.
12
Where a development permit application in a land use district is for a temporary development, the Development
Authority may impose the following conditions:
a.
Specify that the development is approved temporarily for a specific period of time, not exceeding one year;
b.
Impose a condition on such a permit that the municipality is not liable for any costs involved in the cessation
or removal of the development at the expiration of the time period stated in the permit; and
16
Development
c.
Require the applicant to post acceptable security guaranteeing the cessation or removal of the
development to the greater of 25% of the value of the structure or $1,000.
2.10
DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
1
When a development permit has been issued for a permitted use and no variance to any regulation has been
granted, the Development Authority shall within five (5) working days after a decision on a development permit
application send a notice to the applicant by regular mail (or e-mail, if authorized to do so by the applicant) of the
decision and post a notice on the Summer Village of Mewatha Beach's website. Mailing the notice is not required
when an applicant picks up a copy of the decision in-person.
2
In addition to the above, within five (5) working days after a decision on a development permit application for a
discretionary use or after a variance has been granted, the Development Officer shall:
a.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) all affected
adjacent land owners, as identified on the Summer Village Assessment Roll, to provide notice of the
decision and right of appeal; and
b.
send notice by regular mail (or by electronic mail) to members of Council;
c.
post notice of the decision on the Summer Village's website; and
d.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other
landowner, business, agency, adjacent municipality, person, group, organization or similar body that the
Development Authority deems may be affected to provide notice of the decision and right of appeal.
3
The notice indicated in Sections 2.10.1 and 2.10.2 shall state:
a.
the legal description and the street address of the site of the proposed development;
b.
the uses proposed for the subject development,
c.
any discretion that was granted in the approval of the development, whether by use or by interpretation
of this Bylaw, and any variation or relaxation in regulation that was made by the Development Authority
when the development permit was approved;
d.
the date the development permit was issued; and
e.
how an appeal might be made to the Subdivision and Development Appeal Board and the deadline for such
appeal.
4
Except for those permits described in Section 2.10.1 hereof, a permit granted pursuant to this Part does not come
into effect until twenty-one (21) days after the date that notice of an order, decision, or development permit is
received. For the purposes of this Bylaw, notice is deemed to be received on the 5th day after the date of the
issuance of the order, decision, or permit. Any development proceeded with by the applicant prior to the expiry of
this period is done solely at the risk of the applicant.
5
Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal
has been determined and the permit has been confirmed, modified or nullified thereby.
6
If the development authorized by a permit is not commenced within twelve (12) months from the date of the date
of the issue of the development permit, and completed within twelve (12) months of the commencement of the
17
Development
development, the permit is deemed to be void, unless an extension to this period is granted by the Development
Authority.
7
A development, once begun, shall not be abandoned or left for an extended period of time in what the Development
Authority considers to be an unsightly or unsafe condition.
8
The application may be responsible for any damages to public or private property occurring as a result of
development.
9
A decision of the Development Authority on an application for a development permit shall be given in writing.
10
When a Development Authority refuses an application for a development permit, the decision shall contain reasons
for the refusal.
2.11
DEVELOPMENT AGREEMENT
1
The Development Authority may require that as a condition of issuing a development permit, the applicant to enter
into an agreement to:
a.
Construct or pay for the construction of public roadways, pedestrian walkways, or parking areas; and/or
b.
Install or pay for the installation of utilities; and/or
c.
Pay for an off-site levy or redevelopment levy imposed by bylaw.
2
To ensure compliance with the development agreement, the Summer Village may register a caveat against the
certificate of title of the property that is being developed. This caveat shall be discharged when conditions of the
development agreement have been met.
2.12
DEVELOPMENT PERMIT FEES
1
The Council may, by resolution, impose a fee or a schedule of fees for the making of any Development Permit
application, and no application for Development Permit will be considered complete until such fee has been paid
to the Summer Village.
18
3 SUBDIVISION
3.1
SUBDIVISION APPLICATION REQUIREMENTS
1
All subdivision applications for lands within the Summer Village shall comply with the provisions under this Part.
2
Approval of an Area Structure Plan or Outline Plan, prepared by a Registered Professional Planner (RPP) may be
required for multi-lot subdivisions that may (at full buildout) result in a total of five (5) or more lots. Additional
supporting information may be required depending on the magnitude and complexity of the proposed subdivision.
3
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.
4
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.
5
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.
6
The tentative plan of subdivision shall:
a.
clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to
subdivide;
b.
show the location, dimensions and boundaries of:
i)
each new lot to be created;
ii) reserve land(s), if required;
iii) the right-of-ways of each public utility, if required; and
iv) other right-of-ways, if required;
c.
indicate the use, location, and dimensions of existing buildings on the land that is the subject of the
application, if any, and specify whether the buildings are proposed to be demolished or moved;
d.
show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made)
that is contained within the boundaries of the proposed parcel of land;
e.
identify the location of any existing or proposed water wells, the locations and type of any private sewage
disposal system(s), and the distance from these to existing or proposed buildings and property lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active wells,
batteries, processing plants or pipelines within the proposed subdivision; and
g.
identify the existing and proposed access to the proposed parcels and the remainder of the titled area.
19
Subdivision
7
The Subdivision Authority may also require an applicant to submit to the Subdivision Authority any or all of the
following:
a.
a figure showing topographic contours;
b.
if the proposed subdivision is not to be served by a water distribution system, information supported by
the report of a qualified professional, registered in the Province of Alberta, respecting the provision,
availability, and suitability of potable water on or to the land to be subdivided;
c.
an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited
to, susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-site
sewage disposal system(s), prepared and signed by a qualified professional registered in the Province of
Alberta;
d.
a storm water management plan, prepared by a qualified professional, which must be approved by Alberta
Environment and Parks including:
i)
topography;
ii) proposed minor drainage system (ditches/pipes/catch basin locations/flow rate);
iii) proposed major drainage systems (direction of surface drainage/flow rate);
iv) proposed on-site detention/retention facility (location/size/capacity);
v) location of outflow/outfall structures; and
vi) any related modeling and calculation information.
e.
if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the
1:100-year Flood Plain;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 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
3.2
SUBDIVISION PROCESS
1
The Subdivision Authority shall:
a.
attend a pre-application submission meeting with development proponents (as requested);
b.
receive all applications for subdivision applications;
c.
assess and provide notice of a complete or incomplete application;
d.
refer the application to adjacent landowners and adjacencies (as required in the Subdivision and
Development Regulations; and
e.
issue notices in writing as required in the Act.
20
Subdivision
3.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
1
The Subdivision Authority shall within twenty (20) days of the receipt of an application for a development permit,
determine whether the application is complete.
2
The time period referred to in Section 3.3.1 may be extended by an agreement in writing between the applicant
and the Subdivision Authority or, if applicable, in accordance with a land use bylaw made pursuant to section
640.1(a) of the Act.
3
An application is complete if, in the opinion of the Subdivision Authority, the application contains the documents
and other information necessary to review the application.
4
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue to the
applicant, in writing or electronically, an acknowledgment that the application is complete.
5
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue to
the applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding
documents and information referred to in the notice must be submitted by a date set out in the notice or a later
date agreed on between the applicant and the Subdivision Authority in order for the application to be considered
complete.
6
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in
Section 3.3.5, the Subdivision Authority must deem the application to be refused.
7
Despite that the Subdivision Authority has issued an acknowledgment under Section 3.3.4 or 3.3.5, in the course of
reviewing the application, the Subdivision Authority Officer may request additional information or documentation
from the applicant that the Subdivision Authority Officer considers necessary to review the application.
3.4
DUTIES OF THE SUBDIVISION AUTHORITY
1
Upon receipt of a completed subdivision application, the Subdivision Authority:
a.
shall approve, with or without conditions, an application for a permitted use where the proposed
subdivision conforms to:
i)
this bylaw;
ii) applicable statutory plans; and
iii) the Act and the Regulations thereunder;
b.
shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i)
applicable statutory plans; and/or
ii) the Act and the Regulations thereunder;
c.
may approve, with or without conditions, an application for a permitted or discretionary use with variances
to the bylaw; and
21
Subdivision
3.5
SUBDIVISION REQUIREMENTS & CONDITIONS
1
Subdivision approvals shall comply with Part 17 and 17.1 of the Act and the Regulations therein.
2
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a
separate title exists for a public utility or an institutional use.
3
All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice
the future efficient development of the remnant lands.
4
The Subdivision Authority shall not approve a subdivision which is inconsistent with the Summer Village of Mewatha
Beach Municipal Development Plan (MDP) and/or the provisions of any statutory plans that affect the land
proposed to be subdivided.
5
As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the Act;
either in the form of a lot (ownership transferred to the Municipality) or as an Environmental Reserve Easement
(private ownership is retained). The Summer Village may require that the proponent provide environmentally
significant hazard land as Environmental Reserve as a condition of subdivision approval.
6
As a condition of a subdivision approval, property taxes must be up to date prior to final endorsement of any
Subdivision within the Summer Village.
7
As a condition of a subdivision approval, the developer may be required to provide for Inclusionary Housing in
accordance with the Act and the Regulations therein.
22
Appeals
4 SUBDIVISION AND DEVELOPMENT APPEALS
4.1
DEVELOPMENT APPEALS
1
The Subdivision and Development Appeal Board (SDAB), as established by Summer Village bylaw, shall hear and
make a decision on an appeal where a Development Authority:
a.
refuses or fails to issue a letter deeming an application complete within twenty (20) days of receiving the
application; or
b.
refuses or fails to issue a development permit to a person within forty (40) days of receipt of the application;
or
c.
issues a development permit for a discretionary use, with or without conditions; or
d.
issues a development permit for a permitted use where a variance is granted, with or without conditions;
or
e.
issues a stop order under Section 645 of the Act; or
f.
refuses to issue a development permit; or
g.
has not received all the outstanding information and documents from the applicant on or before the date
referred to in the deemed incomplete letter and the Development Authority has deemed the application
refused;
and the person applying for the permit or affected by the order, or any other person affected by an order, decision
or development permit of the Development Authority appeals to the Subdivision and Development Appeal Board.
2
Despite Section 4.1.1 above, for a development permit issued for a permitted use, no appeal can be made unless:
the provisions of this Bylaw were relaxed, varied or misinterpreted or the application was deemed refused.
3
Despite Section 4.1.1 above, no appeal lies to the Subdivision and Development Appeal Board in respect of the
issuance of a development permit in a Direct Control District where the decision was made by Council. If the
decision was made by a Development Authority, the appeal is limited to whether the Development Authority
followed the directions of Council.
4
An appeal shall be made by serving a written notice of appeal to the Secretary of the Subdivision and Development
Appeal Board, with the applicable fee, within twenty-one (21) days of:
a.
the date on which notification of the order, decision or permit issued by the Development Authority was
given in accordance with this Bylaw; or
b.
the expiry date of the twenty (20) day period referred to in Section 4.1.1(a) of this Bylaw has expired; or
c.
the expiry date of the forty (40) day period referred to in Section 4.1.1(b) of this Bylaw has expired.
5
An appeal may be launched by filing a notice with the Subdivision and Development Appeal Board by providing the
following:
a.
the legal description and/or the municipal address of the property to which the decision, order or issuance
of the development permit relates;
23
Appeals
b.
the name, contact information and address of the appellant;
c.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of the
appeal; and
d.
the payment of the required fees as determined by Council.
4.2
SUBDIVISION APPEALS
1
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a.
by the applicant for the approval;
b.
by a government department if the application is required by the Subdivision and Development Regulations
to be referred to that department;
c.
by the council of the municipality in which the land to be subdivided is located if the council, a designated
officer of the municipality or the Municipal Planning Commission if 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
A notice of appeal on a decision of the Subdivision Authority may be made within twenty-one (21) days (14 days +
7 for mail delivery) after receipt of written notice of decision to the:
a.
Municipal Government Board if:
i)
the land that is the subject of the application contains, is adjacent to or is within the prescribed distance
of a highway, a waterbody, a sewage treatment or waste management facility or a historical site; or
ii) in any other circumstances described in the regulations under Section 694(1)(h.2) of the Act;
b.
Subdivision and Development Appeal Board:
i)
for all other instances; or
ii) when a relevant agency or organization has entered into a written agreement to vary the distances in
Section (2)(a) above, under the Subdivision and Development Regulations.
3
If a notice of appeal is filed with the wrong Appeal Board, the Appeal Board that receives the application must refer
the appeal to the appropriate Appeal Board. The appropriate Appeal Board then 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 Appeal Board that first received the application.
4.3
APPEAL HEARINGS
1
A local Subdivision and Development Appeal Board hearing an appeal under Section 678 of the Act must hold the
hearing within thirty (30) days after receiving a notice of appeal.
24
Appeals
2
The Municipal Government Board hearing an appeal under Section 678 of the Act must hold the hearing within
sixty (60) days after receiving a notice of appeal.
3
The Appeal Board shall give at least five (5) days' notice in writing of the appeal hearing to:
a.
the appellant;
b.
the applicant and/or the landowner;
c.
the Subdivision Authority or Development Authority from whose order, decision or non-decision is made;
d.
if land that is the subject of the application is adjacent to the boundaries of another municipality, that
municipality;
e.
any school board to whom the application was referred;
f.
every government department that was given a copy of the application pursuant to the Subdivision and
Development Regulations;
g.
those landowners who were notified under this Bylaw;
h.
any other person who, in the opinion of the Subdivision and Development Appeal Board, may be affected
by the order, decision or permit; and
i.
such other persons as the Subdivision and Development Appeal Board specifies.
4
The Appeal Board shall make available for public inspection before the commencement of the appeal hearing all
relevant documents and materials respecting the appeal including:
a.
the application for the development permit, its refusal and the appeal request;
b.
the subdivision application, the decision and the appeal request; or
c.
the order of the Development Authority;
as the case may be.
5
At the appeal hearing the Appeal Board shall hear:
a.
the appellant or any other person acting on the appellant's behalf;
b.
the Approving Authority from whose order, decision or development permit the appeal is made, or if a
person is designated to act on behalf of the Approving Authority, that person;
c.
any other person who was served with notice of the hearing and who wishes to be heard or a person acting
on that person's behalf; and
d.
in relation to development permit appeals only, any other person who claims to be affected by the order,
decision or permit that the Appeal Board agrees to hear or a person acting on that person's behalf.
4.4
APPEAL DECISION
1
In determining a subdivision appeal, the Board hearing the appeal must act in accordance with Section 680 of the
Act.
25
Appeals
2
In the case of a subdivision appeal of the deemed refusal of an application, in which the Subdivision Authority
considered complete, the Board hearing the appeal must determine whether the documents and information that
the applicant provided met the requirements of Section 653.1(2) of the Act.
3
Section 4.4.2 above does not apply to a subdivision appeal of the deemed refusal of an application under Section
653.1(8) of the Act, in which an application was considered incomplete and the applicant failed to submit all the
outstanding information and documents required to be considered complete.
4
In determining a development appeal, the Board the hearing the appeal must act in accordance with Section 687
of the Act.
5
The Board hearing the appeal shall give its decision in writing together with reasons for the decision within fifteen
(15) days of the conclusion of the appeal hearing.
6
If the decision of the Approving Authority to approve an application is reversed by the Board hearing the subdivision
and development appeal, then the original permit or decision shall be null and void.
7
If the decision of the Approving Authority to refuse a subdivision or development application is reversed by the
Appeal Board, the date of the written decision of the Appeal Board shall become the approval date.
8
A decision made under this part of the Bylaw is final and binding on all parties and all persons subject only to an
appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to appeal to the Court of
Appeal shall be made:
a.
to a judge of the Court of Appeal; and
b.
within thirty (30) days after the issue of the decision sought to be appealed.
9
A notice of an application for leave to the Court of Appeal shall be given to:
a.
the Appeal Board; and
b.
any other persons that the judge of the Court of Appeal directs.
26
5 GENERAL REGULATIONS
5.1
ACCESSORY BUILDINGS
1
The construction or relocation of an accessory building greater than 10.2 m2 (110.0 ft2) in site coverage shall require
a development permit.
2
The development of an accessory building shall comply with the regulations of the applicable land use district.
3
Where a building is attached to the main building on a site by its roof, an open or enclosed structure, a floor or a
foundation, it is considered to be a part of the main building and is not an accessory building.
4
Accessory buildings shall not be constructed or placed within required yards and setbacks as established in the
relevant district.
5
An accessory building shall not be located in the front yard of a lakefront lot. In the case of backshore lots, an
accessory building may be permitted in the front yard provided it is not located within the required front yard or
side yard setbacks from the principal building.
6
A boathouse on a lakefront lot will be located to the satisfaction of the Development Authority.
7
All accessory buildings shall be fixed to the ground, or on a foundation.
8
All accessory buildings shall be constructed of materials that blend harmoniously with the principal building on the
lot.
5.2
APPEARANCE OF BUILDINGS
1
The design, construction and architectural appearance of any building or structure shall be to the satisfaction of
the Development Authority, shall not threaten public health or safety and shall be compatible with the general
standard of design and construction in the immediate neighborhood of the Site.
5.3
ENGINEERING REQUIREMENTS AND OTHER REFERRALS
1
In any circumstance where the Development Authority is of the opinion it would be prudent to so do, the
Development Authority may direct that the applicant for a Development Permit provide a certificate or other report
from an engineer or other professional person in relation to a proposed Development or any aspect of it. In such
circumstances, the costs of complying with the Development Authority's direction shall be borne by the applicant,
and the applicant's application for a Development Permit shall be deemed incomplete until such time as the
direction has been complied with.
2
In any circumstance where the Development Authority is of the opinion it would be prudent to so do, the
Development Authority may refer an application to Alberta Environmental Protection or to any other governmental
authority for their comments prior to issuing a Development Permit and may, thereafter, impose a condition on
any Development Permit issued that the applicant comply with such requirements of the referral agency as the
Development Authority may deem appropriate in the circumstances.
27
Regulations
5.4
FENCES/WALLS/HEDGES/ENCLOSURES
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.
2
No fence, wall, hedge or other enclosure shall be higher than:
a.
1.8 m (6.0 ft) in rear yards;
b.
1.8 m (6.0 ft) in side yards, except on corner lots where it shall not be higher than 0.9 m (3.0 ft)in the side
yard adjacent to a road;
c.
0.9 m (3.0 ft) in front yard;
d.
0.9 m (3.0 ft) within 6.1 m (20.0 ft) of the intersection of lanes, roads, or a lane and a road.
3
Electric and barbed wire fences shall not be permitted except on land abutting on farmland, and these shall require
a development permit.
5.5
GUEST HOUSES
1
Guest houses shall be of permanent, conventional construction.
2
Guest houses may include sleeping areas, recreation areas, and toilet and bathing facilities.
3
Guest houses shall not include a food preparation area (counter/cupboard space, sink, refrigerator, or stove), or
the provision of 220 volt wiring.
4
Guest houses shall be constructed behind the rear face of the principal building on a site.
5
A Guest house 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.
5.6
KEEPING OF ANIMALS
1
No fur bearing animals, fowl or livestock other than domestic pets shall be permitted on parcels within the Summer
Village of Mewatha Beach.
5.7
MANUFACTURED HOMES
1
Manufactured homes shall be certified by Canadian Standards Association as having been built in a factory which
has been certified as meeting the CSA A277-92 approved procedure. Modular homes shall contain a CSA "Modular
Home" label and mobile homes shall contain a CSA "Mobile Home" label.
2
Installation and foundation requirements for manufactured homes and additions shall meet either the CAN/CSA
Z240.10.1 standard or the Alberta Building Code.
3
Wheels, hitches and other running gear shall be removed within ninety (90) days of the installation of the
manufactured home.
4
Skirting shall be installed within thirty (30) days of the installation of a manufactured home and shall comply with
standards set out in the CSA Z240.10.1 standards.
28
Regulations
5
At least one access panel of not less than 500 x 700 mm (20 x 28 inches) shall be provided in the skirting for periodic
inspections and maintenance of services. The panel shall be located close to sewer and water connections.
6
Skirting shall be factory prefabricated or of equivalent quality and shall be pre-finished or painted so that the design
and construction shall complement the manufactured home.
7
Year-round ventilation of the crawl space shall be provided according to the standards set out in the CSA Z240.10.1
standards. Crawl space ventilation shall be provided by the installation of screened louvers or grills of at least 0.1
m2 of unobstructed venting for each 50 m2 (1.0 ft2 for each 500 ft2) of floor area of the home.
5.8
NON-CONFORMING BUILDINGS AND USES
1
If a development permit has been issued on or before the day on which a land use bylaw or a land use amendment
bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit
was issued a non-conforming use or non-conforming building, the development permit continues in effect in spite
of the coming into force of the bylaw.
2
A non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6
consecutive months or more, any future use of the land or building must conform with the land use bylaw then in
effect.
3
A non-conforming use of part of a building may be extended throughout the building but 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 to
it or in it.
4
A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of
the lot and no additional buildings may be constructed on 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 routine maintenance of the building, if the development authority considers it necessary, or
c.
in accordance with a land use bylaw that provides minor variance powers to the development authority for
the purposes of this section.
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 the land use bylaw.
7
The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building.
5.9
NUISANCE
1
No use or activity shall be undertaken which, in the opinion of the Development Authority, may constitute a
nuisance by reason of the generation of noise, vibration, dust, smoke, smell, toxic or noxious matter, traffic,
radiation, fire, explosions, heat, humidity, glare, waste, water or steam.
2
Sites and buildings shall be maintained in a clean and tidy condition, free from rubbish and debris.
29
Regulations
5.10
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1
No person shall keep or allow in any part of any yard any unlicensed, dismantled, wrecked or dilapidated vehicle
for more than fourteen (14) consecutive successive days.
5.11
PARKING AND ACCESS
1
A minimum of two (2) off-street parking spaces shall be provided per lot in the Residential District.
5.12
POTABLE WATER SUPPLY
1
Applications for a development permit in respect of a residential use shall contain a detailed proposal as to how
the development is to be provided with a supply of potable water if requested by the Summer Village.
2
No development for residential use shall be allowed unless it is supplied with potable water.
5.13
PRESERVATION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
1
The Development Authority shall be satisfied that the design, siting, finish and architectural appearance of all
buildings have regard for the amenities and character of existing development in the municipality, and that the
landscaping of the site causes minimal environmental disruption.
5.14
RECREATIONAL VEHICLES
1
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 a guest house for the residential use of a site.
2
A maximum of one (1) recreational vehicle is allowed on a lot developed with a residence on a permanent basis.
The recreational vehicle must be connected to onsite water and wastewater systems to the satisfaction of the
Development Authority.
3
A maximum of two (2) recreational vehicles are allowed on an undeveloped lot on a permanent basis. The
recreational vehicles must be connected to onsite water and wastewater systems to the satisfaction of the
Development Authority.
4
Where more than one recreational vehicle is to be maintained on a parcel for more than 21 consecutive days it
shall require a development permit and shall be located in a manner satisfactory to the Development Officer.
Permits shall not be issued for more than one recreational vehicle per developed parcel or two recreational vehicles
per vacant parcel.
5
Notwithstanding 5.14(2) and 5.14(3), an additional recreational vehicle may be allowed on a temporary basis for a
period of up to but not exceeding seven (7) days on both developed and undeveloped lots. Any new (or returning)
recreational vehicle will not be allowed on a temporary basis until three (3) days from the date of the removal of
the previous recreational vehicle have past.
6
One unoccupied recreation vehicle may be stored on a site if, in the opinion of the Development Authority:
a.
it does not present an unsightly condition on the site; and
b.
it is stored to the rear of the principal building.
30
Regulations
5.15
RELOCATION OF BUILDINGS
1
The relocation of an existing building to a site as either a principal building or an accessory building constitutes a
development of that site. Where a building is to be relocated to a site, the use to which the building is intended to
be put:
a.
must be listed in this Bylaw as a permitted use or a discretionary use available for that site; and
b.
shall be deemed to be a discretionary use for purposes of the relocation of that building.
5.16
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 5.2 -
Appearance of Buildings.
5.17
SITE CONDITIONS
1
Development shall not be permitted on slopes exceeding 15%, where slope is measured over that portion of the
site on which the development is to be located.
2
Unless satisfactory design and development measures are taken, the applicant shall provide evidence that the land
to be developed is not characterized by soil instability, poor drainage or flooding.
3
To the maximum extent possible, trees and shrubs shall be retained in their natural conditions on a site. Where
landscaping is required, it shall be carried out within a reasonable time period following the completion of
construction.
4
Garbage shall be kept in weatherproof and animal- proof containers, screened from adjacent sites and roads.
5
Any landscaping or topographic reconstruction shall be such that the finished surface contours do not change the
surface drainage.
5.18
SITE GRADING
1
Where substantial grading of a site is undertaken separate and apart from any other development of or on that
site, the grading shall be deemed to be a development and shall require a development permit. Grading will be
considered substantial if the same may substantially affect drainage patterns on the site or may cause any adverse
impact on neighboring properties or roadways.
2
In every case, whether site grading forms a part of an overall development or constitutes a development in and of
itself, site grades shall be established:
a.
in a manner satisfactory to the Development Authority;
b.
in a manner designed to prevent any adverse impact on neighboring properties or roadways; and
c.
in compliance with any applicable drainage or grading plans adopted by the Summer Village.
31
Regulations
5.19
WASTEWATER DISPOSAL
1
All buildings, facilities and developments undertaken on a Site shall comply with all Summer Village Bylaws regarding
sewage disposal and shall comply with the Safety Codes Act for the Province of Alberta.
32
6 LAND USE DISTRICTS
6.1
ESTABLISHMENT OF LAND USE DISTRICTS
1
For the purposes of this Bylaw, the Summer Village of Mewatha Beach is divided into the following districts:
DISTRICT NAME
SYMBOL
MAP COLOUR
RESIDENTIAL DISTRICT
R1
YELLOW
PARKS AND RESERVES DISTRICT
P
GREEN
2
The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE DISTRICT MAP, within Section
7 of this Bylaw.
3
Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE DISTRICT MAP, the
following rules shall apply:
RULE 1
Where a boundary is shown as following a street or lane, it shall be deemed to follow
the centre line thereof.
RULE 2
Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
RULE 3
In circumstances not covered by Rules 1 and 2, the location of the district boundary
shall be determined:
a. where dimensions are set out on the LAND USE DISTRICT MAP, by the
dimensions so set, or
b. where no dimensions are set out on the LAND USE DISTRICT MAP with respect
to such boundary, by measurement of and use of the scale shown on the LAND
USE DISTRICT MAP.
4
Where the application of the above rules does not determine the exact location of the boundary of a district, the
Council, either on its motion or upon written application being made to it by any person requesting the
determination of the exact location of the boundary, shall fix the portion of the district boundary in doubt or dispute
in a manner consistent with the provisions of this Bylaw and the degree of detail as to the measurements and
directions as the circumstances may require.
33
R1
6.2
RESIDENTIAL DISTRICT - R1
1 General Purpose
To provide for low density residential development adjacent to Skeleton Lake.
2 Uses
PERMITTED
DISCRETIONARY
Dwelling, Single Detached
Home Occupation, Minor
Buildings and Uses Accessory to Permitted Uses
Public or Quasi Public Buildings and Uses
Public Utilities
Buildings and Uses Accessory to Discretionary Uses
Other uses which in the opinion of the Development
Authority, are similar to the above mentioned
permitted and discretionary uses.
3 General Development Control Regulations
1.
MINIMUM SITE WIDTH
30.5 m (100 ft.).
2.
MAXIMUM NUMBER OF
DWELLING UNITS
The maximum number of dwelling units that may be located on
a lot is one.
3.
MAXIMUM BUILDING HEIGHT
(PRINCIPAL BUILDING)
8.8 m (29.0 ft).
4.
MAXIMUM BUILDING HEIGHT
(ACCESSORY BUILDING)
6.1 m (20.0 ft).
5.
MAXIMUM SITE COVERAGE
The maximum site coverage for all buildings shall be 35% of the
site area.
In the case of any site exceeding 45.72 m (149 ft) in depth, the
Development Authority shall direct that buildings be designed
and located on the Site in a manner that will, in the opinion of
the Development Authority, avoid excessive massing at any
particular location on the site and distribute the impact of
construction more evenly over the developable areas of the site.
Windows in a principal residence shall be offset so that they do
not directly face the windows of the adjacent residence.
4 Minimum Yards
1.
FRONT YARD
7.6 m (25.0 ft).
2.
REAR YARD
(PRINCIPAL BUILDING)
7.6 m (25.0 ft).
34
R1
3.
REAR YARD
(ACCESSORY BUILDING)
0.9 m (3.0 ft); and
Except where the vehicle entry 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
4.9 m (16.0 ft).
4.
SIDE YARD
1.5 m (5.0 ft); and
Shall comprise no less than 10% of the width of the site.
5 Additional Regulations
1.
PROJECTION INTO YARDS
Verandas, porches, decks, balconies, unenclosed steps and other
architectural features which are of a similar character may
project up to 1.0 m (3.3 ft) into any required front yard or rear
yard.
Eaves, chimneys, sills, shade projections, cantilevered
projections with windows (such as bay, oriel or similar windows)
and other architectural features which are of a similar character
may project up to 0.5 m (1.5 ft) into any required yard.
2.
SITING ACCESSORY
BUILDINGS
Accessory buildings (other than garages) shall be located no
further forward on a site than the front line of the principal
building.
3.
LANDSCAPING
Landscaping shall be provided to the satisfaction of the
Development Authority, and sites in the R1 District shall be
landscaped in a manner complementary to and consistent with
the lakeside residential character of the R1 District.
35
R
6.3
PARKS AND RESERVES - P
1 General Purpose
To preserve and protect the local environment while providing areas for low impact public recreation near Skeleton
Lake.
2 Uses
PERMITTED
DISCRETIONARY
Reserves
Public or Quasi Public Buildings and Uses
Public Parks
Public Utilities
3 General Development Control Regulations
1.
SITE IMPROVEMENTS
Except for fencing at the perimeter of a site and except for
public utilities (as defined in the Act) passing through a site, no
improvements or structures of any nature or kind may be
erected or brought onto the lands.
2.
NON-CONFORMING USES
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.
3.
APPLICATION
This district may be applied to lands owned by the Summer
Village and may be applied to other lands within the Summer
Village only with the consent of the owner of those lands.
4.
VEGETATION
No more than 15% of the treed reserve adjacent to lake front
properties can be removed. If more than this amount is
removed, the will be required to replant the trees. Clearcutting
is not allowed.
36
7 LAND USE DISTRICT MAP
SUMMER VILLAGE OF MEWATHA BEACH
[
Summer Village of Mewatha Beach
Bylaw No. 03-23
May 2023
Mewatha Drive
LAND USE DISTRICTS
Residential District - R1
Parks and Reserves District - P
0
500 M
SKELETON
LAKE
LAND USE DISTRICT MAP
7
Birch Road
Range Road 191