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SUMMER VILLAGE OF NAKAMUN PARK
LAND USE BYLAW
NO. 2025-5
Consolidated by The Summer Village of Nakamun Park
Planning and Development Services
Passed June 17, 2025
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Page 3 of 60
TABLE OF CONTENTS
PAGE
Table of Contents
TABLE OF CONTENTS ..................................................................................................................... 3
PART I - TITLE AND DEFINITIONS ...................................................................................... 5
SECTION 1
TITLE .................................................................................................................... 5
SECTION 2
PURPOSE ............................................................................................................. 5
SECTION 3
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT ............................. 5
SECTION 4
METRIC AND IMPERIAL MEASUREMENTS ...................................................... 6
SECTION 5
DEFINITIONS...................................................................................................... 6
PART II - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ..................... 18
SECTION 6
DEVELOPMENT AUTHORITY ........................................................................... 18
SECTION 7
MUNICIPAL PLANNING COMMISSION ......................................................... 19
SECTION 8
ESTABLISHING SUBDIVISION AND DEVELOPMENT APPEAL BOARD...... 19
SECTION 9
AMENDING THE LAND USE BYLAW ............................................................... 19
SECTION 10
SECTIONS FOUND TO BE INVALID ............................................................... 21
SECTION 11
CONTROL OF DEVELOPMENT ......................................................................... 21
SECTION 12
WHERE A DEVELOPMENT PERMIT IS REQUIRED ........................................ 22
SECTION 13
APPLICATION FOR DEVELOPMENT PERMIT ................................................ 25
SECTION 14
DEVELOPMENT PERMIT FEES ........................................................................ 26
SECTION 15
PERMITS AND NOTICES.................................................................................. 26
SECTION 16
DECISIONS ON DEVELOPMENT PERMITS .................................................... 27
SECTION 17
DEEMED REFUSALS OF DEVELOPMENT PERMIT APPLICATIONS ............. 29
SECTION 18
SUSPENSION AND CANCELLATIONS OF DEVELOPMENT PERMITS ......... 29
SECTION 19
CONTRAVENTIONS .......................................................................................... 30
SECTION 20
BYLAW ENFORCEMENT, PENALTIES AND FINES ........................................ 31
SECTION 21
DEVELOPERS' RESPONSIBILITIES ................................................................ 34
SECTION 22
SAME OR SIMILAR USE ................................................................................... 35
PART IV - GENERAL REGULATIONS ............................................................................... 36
SECTION 23
PRINCIPAL BUILDING OR USE ...................................................................... 36
SECTION 24
DWELLING UNITS ON A PARCEL ................................................................... 36
SECTION 25
BUILDING ATTACHED TO PRINCIPAL BUILDING ........................................ 37
SECTION 26
BUILDING ORIENTATION AND DESIGN....................................................... 37
SECTION 27
PROJECTIONS OVER YARD ............................................................................. 37
SECTION 28
RELOCATION OF EXISTING STRUCTURES ................................................... 37
SECTION 29
EXCAVATING, STRIPPING AND GRADING ................................................... 39
SECTION 30
OBJECTIONABLE ITEMS AND USES ................................................................. 39
SECTION 31
FENCES .............................................................................................................. 40
SECTION 32
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ........................ 41
SECTION 33
ACCESSORY BUILDINGS ................................................................................. 42
SECTION 34
SECONDARY SUITES ....................................................................................... 43
SECTION 35
GARAGE AND GARDEN SUITES ...................................................................... 43
SECTION 36
CORNER SITES (SIGHT TRIANGLES) ............................................................ 45
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SECTION 37
CORNER AND DOUBLE FRONTING PARCELS ............................................... 46
SECTION 38
PARKING ........................................................................................................... 46
SECTION 39
SIGNS ................................................................................................................ 47
SECTION 40
KEEPING OF ANIMALS .................................................................................... 48
SECTION 41
SEA CANS .......................................................................................................... 48
SECTION 42
RECREATIONAL VEHICLES AND TEMPORARY LIVING
ACCOMMODATIONS ...................................................................................... 48
SECTION 43
HOME OCCUPATIONS ...................................................................................... 49
SECTION 44
BED AND BREAKFAST ...................................................................................... 49
SECTION 45
SHORT-TERM RENTALS .................................................................................. 50
SECTION 46
FLOOD PRONE LANDS ..................................................................................... 50
SECTION 47
ENVIRONMENTALLY SENSITIVE LANDS ...................................................... 51
SECTION 48
FIRE PITS .......................................................................................................... 51
SECTION 49
CANNABIS REGULATIONS ............................................................................... 52
PART V - TITLE AND DEFINITIONS ............................................................................... 55
SECTION 50
LAND USE DISTRICTS ...................................................................................... 55
SECTION 51
LAND USE DISTRICT MAP .............................................................................. 55
SECTION 52 R1 - RESIDENTIAL STANDARD LOT DISTRICT ........................................... 56
SECTION 53 P - PARK AND RESERVE DISTRICT ................................................................ 57
SECTION 54
U - URBAN SERVICES DISTRICT .................................................................... 58
PART VI - ADMINISTRATION AND ENACTMENT ........................................................ 60
SECTION 55 SCHEDULES ...................................................................................................... 60
SECTION 56 REPEAL OF EXISTING CONTROLS ................................................................. 60
SECTION 57 DATE OF COMMENCEMENT ............................................................................ 60
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PART I - TITLE AND DEFINITIONS
SECTION 1
TITLE
This Bylaw may be referred to as the Summer Village of Nakamun Park Land Use Bylaw
No. 2022-4, or simply the Land Use Bylaw where context allows.
SECTION 2
PURPOSE
The purpose of this bylaw is to regulate and control the use and development of land and
buildings within the municipality to achieve the orderly and economic development of land,
and:
(a)
To divide the municipality into land use districts;
(b)
to prescribe and regulate for each district the purposes for which land and
buildings may be used unless the district is designated as a direct control
district pursuant to section 641 of the Municipal Government Act, R.S.A.
2000, c. M-26, as amended;
(c)
to establish the office of Development Authority
(d)
to establish a method of making decisions on applications for development
permits including the issuing of development permits;
(e)
to provide the manner in which notice of the issuance of a development
permit is to be given;
(f)
to establish the number of dwelling units permitted on a parcel of land;
(g)
to protect the shoreline and water quality of Nakamun Lake; and
(h)
to follow adopted statutory plans, the Municipal Government Act, R.S.A.
2000, c.M-26, as amended; the Subdivision and Development Regulation,
AR43/2002, as amended; and the Provincial Land Use Polices or, where
applicable, a regional plan adopted under the Alberta Land Stewardship Act,
S.A. 2009, c. A-26.8, as amended.
SECTION 3
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT
This Bylaw is enacted under the Municipal Government Act, as amended. This Bylaw is
intended to be read in conjunction with the Municipal Government Act, with amendments to
the time of the reading. Reference should be made to the Act and its regulations with respect
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to definitions of terms, administrative matters, and the powers of agencies and officers
referred to in this Bylaw, if these are not set out in this Bylaw.
The Municipal Government Act references contained in certain sections of the Bylaw are not
enacted as part of this Bylaw and may be revised, as required, by the Development Officer
without the adoption by Council of an amending Bylaw.
SECTION 4
METRIC AND IMPERIAL MEASUREMENTS
The imperial equivalents provided in parentheses after each reference to metric units
are approximate and intended for information only.
SECTION 5
DEFINITIONS
(1)
In this Bylaw:
"ACT" - means MUNICIPAL GOVERNMENT ACT R.S.A. 2000, Chapter M-26, as
amended, and the regulations pursuant thereto;
"ACCESSORY BUILDING OR USE" - means a use, building, or structure which is
separate and subordinate to the principal building on a lot, the use of which is
incidental to that of the principal building located on the same lot. Accessory buildings
include, but are not limited to, sheds, garages, suites and boathouses;
"AMENITY AREA" - means required space provided and designed for the active or
passive recreation and enjoyment of the occupants of a development, which may be
for private use and owned individually or in common;
"BED AND BREAKFAST" - means the use of part of a residential dwelling for
overnight accommodation where breakfast is usually served as part of the
accommodating service, and does not mean a short-term rental or any other type of
accommodation arrangement;
"BOATHOUSE" - means an accessory building or part of the principal building on a
residential lakefront lot, which has direct access to the water, designed and used
primarily for the storage of boats;
"BUFFER" - means row of trees, shrubs, berming, or fencing to provide visual
screening and separation between sites and incompatible land uses;
"BUILDING" - means anything constructed or placed on, in, over, or under land, but
does not include a highway or public roadway or related developments;
"BUILDING HEIGHT" - means the vertical distance between grade and the highest
point of a building; excluding an elevator housing, a mechanical housing, a roof
stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack,
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a fire wall, a parapet wall, a flagpole or similar device not structurally essential to the
building;
"CANOPY" - means a projection extending from the outside wall of a building
normally for the purpose of shielding a part of the building from the sun;
"CARPORT" - means a roofed structure used for storing or parking of not more than
two vehicles which has less than 40% of its total perimeter open and unobstructed;
"CORNER" - means the intersection of any two property lines of a site or in the case
of a 'corner lot', the intersection of two on more abutting streets;
"COUNCIL" - means the Council of the Summer Village of Nakamun Park;
"DECK" - means, generally, a hard-surfaced (usually wooden) area usually adjoining a
dwelling unit and accommodating outdoor living space, and which may require a CSA
Group approved railing depending on height above grade, or other relevant parameters.
More specifically, a deck means any open structure attached to a building having a height
greater than 0.6 m (2.0 ft) above grade, and thereby requiring stairs and railings as
outlined in regulations approved under the Safety Codes Act. A deck shall not have walls
higher than 1.25 m (4.1 ft).
"DERELICT VEHICLE" - means a vehicle, including a Recreational Vehicle, that is in a
wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned
condition, or is determined not to be roadworthy by virtue of, among other things, lack
of registration, rust, decay, damage, or fluid leakage;
"DESIGNATED OFFICER" - means a person authorized to exercise development
authority powers on behalf of the municipality pursuant to the provision of the Municipal
Government Act and this Bylaw;
"DEVELOPABLE AREA" - means an area of land suitable for a building site and
containing adequate surface elevation to preclude marshland, wetland, or high water
table conditions and in consideration of the relevant setbacks and legal boundaries and
conditions applicable to the subject parcel;
"DEVELOPED PARCEL" - means, in the case of lands located within a Residential
Standard Lot district, a parcel already developed with an existing Dwelling;
"DEVELOPER" - means an owner, agent or any person, firm or company required to
obtain or having obtained a development permit;
"DEVELOPMENT" - means a development as defined in the Act, and includes the
following:
(a) an excavation or stockpile and the creation of either of them; or
(b) a building or an addition to, or replacement or repair of a building, and the
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construction or placing in, on, over and under the land of any of them; or
(c) a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land or
building; or
(d) a change in the intensity of the use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change in
the intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
(e) in the case of a lot used for residential purposes, alterations made to a building
or an additional building on the lot, whether or not the building is a dwelling or
part of a dwelling unit;
(f) in the case of a lot used for purposes other than residential, alterations or
additions made to a building on the lot or a use of the lot which would increase
either the capacity of the building or the intensity of use of the lot;
(g) the display of advertisements or signs on the exterior of a building or on any
land;
(h) the deposit of earth, debris, waste materials, refuse, or any other material on
any land, including land already being used for that purpose, or if the natural
topography or drainage is altered;
(i) any increase in the number of households occupying and living in any building
or on any site, and any construction or alterations or additions which would
provide for an increase in the number of households which could occupy and
live in any building or on any site, including any increase in the number of
dwelling units in a building or on a site;
(j) the placing of refuse or waste material on any land;
(k) the recommencement of the use to which land or a building has been previously
put if that use has been discontinued for a period of more than six months;
(l) the use of land for the storage or repair of motor vehicles or other machinery or
equipment;
(m) the continued use of land or of a building for any purpose for which it is being
used unlawfully when this bylaw comes into effect;
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(n) the demolition or removal of a building;
(o) the placement of an already constructed or a partially constructed building on a
parcel of land;
(p) the use of land for the parking of trailers, bunk houses, portable dwellings, skid
shacks, or any other type of portable building whatsoever, whether or not the
same has been placed or affixed to the land in any way;
(q) the removal of topsoil from land;
(r) the installation of any type of sewage disposal system including, but not limited
to, holding tanks; or
(s) the digging of a well or installation of a water cistern.
"DEVELOPMENT AUTHORITY" - means a Development Authority established
pursuant to of the Municipal Government Act and may include one or more of the
following: a Development Officer, Municipal Planning Commission, Council, or any other
person or organization that has been authorized by Bylaw to exercise development
powers on behalf of the municipality;
"DEVELOPMENT OFFICER" - means the official or officials of the Municipality with
the responsibility of receiving, considering and deciding on applications for
development under this Land Use Bylaw;
"DEVELOPMENT PERMIT" - means a certificate or document allowing a specified
development and includes, where applicable, a plan or drawing or a set of plans or
drawings, specifications or other documents. Every application shall be accompanied
by the required fee as established by Council;
"DISCRETIONARY USE" - means the use of land or a building provided for which
a development permit may or may not be issued based upon the merits of the
application being made;
"DWELLING" - means any building used principally for human habitation and which
is supported on a permanent foundation extending below ground level and includes
modular homes, but does not include mobile homes, mobile single wide, mobile
double wide or temporary mobile living accommodations such as holiday trailers;
"DWELLING UNIT" - means a complete dwelling or self-contained portion of a
dwelling, or a set or suite of rooms which contains sleeping, cooking and separated
or shared toilet facilities intended for domestic use, and used or intended to be used
permanently or semi-permanently as a residence for a household, and which is not
separated from direct access to the outside by another separate dwelling unit.
"EASEMENT" - means a right to use land, generally for access to other property or
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as a right-of-way for a public utility that is registered against the title of the subject
property;
"EXCAVATION" - means any breaking of ground, except common household
gardening and ground care;
"EXTENSIVE AGRICULTURAL USE" - means any method used to raise crops or
rear livestock either separately or in conjunction with one another in unified operation,
but does not include an intensive agricultural use such as a feedlot or sod farm;
"FENCE" - means a vertical physical barrier constructed to prevent visual intrusion,
sound abatement or unauthorized access;
"FLOOR AREA" - means the total of the main floor area calculation and passageways
contained in a building but does not include the floor areas of basements, attached
garages, carports, sheds, open porches or breezeways.
"FOUNDATION" - means the lower portion of a building, usually concrete or
masonry and includes the footings, which transfer the weight of and loads on a
building to the ground;
"FRONTAGE" - means the lineal distance measured along the front lot line;
"GARAGE" - means an accessory building or part of the principal building designed
and used primarily for the storage of non-commercial motor vehicles and includes a
carport;
"GARAGE SUITE" - means a single storey accessory dwelling, which is located above
a detached garage. A Garage Suite is accessory to a building in which the principal
use is a single detached dwelling. A garage suite has cooking facilities, food
preparation, sleeping and sanitary facilities which are separate from those of the
principal building located on the site. A garage suite has an entrance separate from
the vehicle entrance to the detached garage, either from a common indoor landing or
directly from the exterior of the structure. A garage suite does not include Secondary
Suites or garden suites.
"GARDEN SUITE" - means a single storey dwelling, which is located in a building
separate from the principal use which is a single detached dwelling. A garden suite
has cooking facilities, food preparation, sleeping and sanitary facilities which are
separate from those of the principal building located on the site. This use class does
not include secondary suites or garage suites.
"GRADE" - means the ground elevation established for the purpose of regulating the
number of storeys and the height of a building. The building grade shall be the level
adjacent to the walls of the building if the finished grade is level. If the ground is not
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entirely level the grade shall be determined by averaging the elevation of the ground
for each face of the building;
"HALF-STOREY" - means a storey under a gable, lip or gambrel roof that wall plates
of which, on at least two opposite walls, are not more than two feet above the floor
of such storey;
"HOME OCCUPATION, MAJOR" - means any business, occupation, trade, profession
or craft that is carried on as a secondary use within a dwelling and/or within an approved
accessory building by a permanent resident of the dwelling. A major home occupation
does not change the character of the dwelling in which it is located or have any exterior
evidence of secondary use other than a small sign as provided for in this bylaw. Major
home occupations may generate some external impacts on the neighbourhood due to
regular business activities. These impacts may include traffic generation due to client
visits to the site, dust, noise due to use of equipment on the site, or visual impacts due
to outdoor storage.A major home occupation does not include adult entertainment
services, day homes, bed and breakfast establishments, dating or escort services or
veterinary services.
"HOME OCCUPATION, MINOR" - means any business, occupation, trade, profession
or craft that is carried on as a secondary use within a dwelling (but not an approved
accessory building) by a permanent resident of the dwelling. A minor home occupation
does not change the character of the dwelling in which it is located or have any exterior
evidence of secondary use other than a small sign as provided for in this bylaw. A home
occupation does not include adult entertainment services, bed and breakfast
establishments, dating or escort services or veterinary services.
"LAKEFRONT" - means, in context, parcels, dwellings, or accessory structures whose
properties extend to the lakeshore or that are only separated from the lakeshore by
a road, municipal reserve, or environmental reserve;
"LANDSCAPING" - means to preserve or change the natural features of a parcel by
adding lawns, trees, shrubs, ornamental plantings, fencing, walks, driveways or other
structures and materials as used in modern landscape architecture;
"LAND USE BYLAW" - means the Summer Village of Nakamun Park Newly adopted
Land Use Bylaw 2022-4
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which does
not exceed 10.0 m (32.8 ft.) in width, and which provides a secondary means of
access to a parcel or parcels;
"LOT" - means a part of a parcel of land, the boundaries of which are separately
described in a certificate of title which may or may not be shown on a registered plan
of subdivision;
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"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. A manufactured home may be a
single structure (single wide) or two parts which when put together (double wide)
comprises a complete dwelling. Manufactured homes do not include stick built
dwellings, modular homes, mobile homes, or temporary living accommodation. Under
this Bylaw, a manufactured home features the following design standards
a)
a minimum roof pitch of 5 cm (2 inches) of vertical rise for every 30.5 cm
(12 inches) of horizontal run (2:12 pitch);
b)
have a roof surface of wood or asphalt shingles, clay or concrete tile, slate
shingles, sheet metal shingles, or hand split shakes
c)
have a minimum roof overhang or eaves of 30.5 cm (1 foot) from the primary
surface of each façade;
d)
have a minimum length width (or width length) ratio of 2:1;
e)
meets the National Building Code of Canada CAN/CSA A277 standard; and
f)
constructed after January 1, 1996.
"MINOR" - means where added as a prefix to a permitted or discretionary use, a
use which due to its nature or relatively small size will, at the direction of Council,
have a limited impact on surrounding uses, or which is intended to serve a small or
local, rather than a major or municipal, area.
"MOBILE HOME" - means a dwelling which was constructed prior to January 1,
1996, does not meet the National Building Code of Canada CAN/CSA A277 standard,
with a chassis or related assembly that allows for the permanent or temporary
attachment of a hitch and wheel assembly to enable relocation of the dwelling. A
mobile home does not include a modular home, manufactured home, temporary living
accommodation or single detached dwelling as described in this Bylaw. A mobile home
may be a single structure (single wide) or two parts which when put together (double
wide) comprises a complete dwelling;
"MODULAR HOME" - means a dwelling which is prefabricated, or factory built and
which is assembled on the parcel in sections, but such sections have neither chassis,
nor running gear or its own wheels, and the sections may be stacked side by side or
vertically. Furthermore, Modular Home means a dwelling which has a length to width
(or width to length) ratio of no greater than 2:1. This rule shall not apply to those
portions of a dwelling which are deemed by the development authority to be neither
deck nor attached garage. A modular home does not include a single detached
dwelling, manufactured home, temporary living accommodation, or mobile home;
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"MUNICIPAL DEVELOPMENT PLAN" - means a plan adopted by Bylaw as a
Municipal Development Plan pursuant to the Municipal Government Act;
"MUNICIPAL TAG" - means a form alleging an offence of a municipal bylaw allowing
for voluntary payment of the prescribed penalty in lieu of prosecution for the offence;
"MUNICIPALITY" - means the Summer Village of Nakamun Park;
"NON-CONFORMING BUILDING" - means, as defined in the Act, a building:
a)
that is lawfully constructed or lawfully under construction at the date a Land
Use Bylaw or any amendment thereof affecting the building or land on which
the building is situated becomes effective, and
b)
that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or when constructed will not, comply with the Land Use
Bylaw;
"NON-CONFORMING USE" - means, as defined in the Act, a lawful specific use:
a)
being made of land or a building or intended to be made of a building lawfully
under construction, at the date the Land Use Bylaw or any amendment
thereof affecting the land or building becomes effective, and
b)
that on the date the 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;
"NUISANCE" - means anything that interferes with the use or enjoyment of
property, endangers personal health or safety or is offensive to the senses;
"OCCUPANCY" - means the use or intended use of a building or part thereof for the
shelter or support of persons or property;
"OFFICER" - means a Bylaw Officer, Designated Officer, or other person designated
by the Summer Village of Nakamun Park to conduct enforcement activities, including
issuing Municipal Tags and Violation Tickets;
"ON-PARCEL SEWAGE DISPOSAL SYSTEM" - means a method of treating effluent
recognized by Alberta Labour and/or Alberta Environment involving the containment of
sewage effluent in an impermeable holding tank for transfer to a central depot for
decomposition or the actual primary or secondary treatment of sewage effluent on the
parcel of its origin and may include a septic tank, holding tank or evapo-transpiration
mound system but does not include pit style privies;
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"OTHER WORDS AND EXPRESSIONS" - have the meaning respectively assigned
to them by the Province of Alberta Municipal Government Act and any other applicable
Statute of Alberta;
"PARCEL" - means the aggregate of one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a land titles office;
"PARK OR PLAYGROUND" - means an area of land that is used for recreation
purposes and usually includes such facilities as slides, swings, and other playground
equipment;
"PARKING FACILITY" - means the area set aside for the storage and parking of
vehicles and includes parking stalls, loading spaces, aisles, entrances and exits to the
area, and traffic islands where they are part of the parking lot;
"PARKING STALL" - means a space set aside for the parking of one vehicle;
"PERMITTED USE" - means the use of land or a building provided for in the District
Schedules of this Bylaw for which a development permit shall be issued with or without
conditions upon an application having been made which conforms to the Land Use
Bylaw;
"PRINCIPAL BUILDING" - means a building which, in the opinion of the
Development Authority,
(i)
occupies the major or central portion of a parcel,
(ii)
is the chief or main building among one or more buildings on the
parcel, or
(iii)
constitutes by reason of its use the primary purpose for which the
parcel is used;
"PRINCIPAL USE" - means the primary purpose, in the opinion of the Development
Authority, for which a building or parcel is used. There shall be no more than one
principal use on each parcel unless specifically permitted otherwise in the Bylaw;
"PRIVY" - means a physical structure not attached to the principal dwelling or
building used for the purpose of sewage disposal whereby the effluent is deposited in
an impermeable C.S.A. approved tank which must be emptied by means of a pump-
out truck;
"PUBLIC USE" - means a building or use of land by any government agency, not
for profit organization, or utility for the express purpose of providing public services
to the community. Examples include: administration buildings, parks, playgrounds,
walk trail systems, museums, and sewage lift stations;
"PUBLIC ROAD" - means land used or surveyed for use as a public highway, bridge,
internal subdivision roads, lanes, and any related structure;
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"REAL PROPERTY REPORT" - means a codified standard report adopted by the
Alberta Land Surveyor's Association which contains pertinent information on a parcel of
land and the development which exists on the property;
"RECREATIONAL EQUIPMENT" - means any permanent building, the intended use
of which is for either active or passive recreation. Certain types of sidewalk furniture
may be classified as recreational equipment at the discretion of the Development
Officer;
"RECREATIONAL USE" - means a development providing for commercial or non-
commercial leisure activities located to take advantage of the natural setting, without
restricting the generality of the foregoing, this shall include:
a)
non-facility oriented recreational activities such as hiking, cross country skiing,
rustic camping, and other similar uses, and
b)
means an active or passive recreational use and any facility or building
required to carry out said activity
"RECREATIONAL VEHICLE" - means a vehicular unit primarily designed as
temporary living quarters for recreational, camping, vacation, or travel use, which
either has its own motor power or is mounted on or drawn by another vehicle. A
Recreational Vehicle may be but is not limited to the following: a tent trailer, travel
trailer, fifth wheel trailer, truck camper, or motor home. A recreational vehicle is not
a Dwelling;
"SECONDARY SUITE" - means a development consisting of a Dwelling located
within, and accessory to, a structure in which the Principal Use is a Single Detached
Dwelling; the second storey of a detached garage; or an accessory building or
structure. A Secondary Suite has cooking facilities, food preparation, sleeping and
sanitary facilities which are physically separate from those of the Principal Dwelling
within the structure. A Secondary Suite also has an entrance separate from the
entrance to the Principal Building, either from a common indoor landing or directly
from the side or rear of the structure. This use class includes the Development or
conversion of basement space or above-grade space to a separate Dwelling, or the
addition of new floor space for a Secondary Suite to an existing Single Detached
Dwelling. This use class does not include garage suite or garden suite.
"SETBACK" - means the distance that a development, or a specific portion of it, must
be set back from a property line or building. A setback is not a yard, amenity space
or separation space;
"SEWAGE COLLECTION SYSTEM" - means a privately or publicly owned system
for treating sewage effluent, recognized by Alberta Environment, consisting of either
a communal or an on-site sewage collection system;
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"SHORELINE" - means the land covered by water for such a period of time that it
no longer features the natural vegetation or marks a distinct boundary from the water
environment and the soil of the water body and vegetation of the surrounding land;
"SHORT-TERM RENTALS" - means a business providing temporary accommodation
for compensation, in a dwelling unit or portion of a dwelling unit, for periods of up to
thirty (30) consecutive days. Businesses that have been issued a permit for a Bed and
Breakfast operation are not classified as Short-Term Rentals;
"SIGN" - means anything that serves to indicate the presence or the existence of
something, including, but not limited to a lettered board, a structure, or a trademark
displayed, erected, or otherwise developed and used or serving or intended to serve
to identify, to advertise, or to give direction;
"SINGLE DETACHED DWELLING" - means a complete building or self-contained
portion of a building for the use of one or more individuals living as a single
housekeeping unit with associated facilities and intended as a permanent residence
not separated from direct access to the outside by another structure;
"SITE" - means one or more lots or parcels for which an application for a development
permit is being made, and may include streets, lanes, walkways and any other land
surface upon which development is proposed;
"SITE AREA" - means the total area of a site;
"SITE BOUNDARIES" - means those boundaries which bound the site as determined
in the title for the subject property;
"SITE COVERAGE" - means, in the case of a residential building or structure, the
combined area of all buildings on the lot, measured at the level of the lowest
containing habitable rooms, and in the case of a non-residential building or structure,
the combined area of all buildings or structures upon the lot, measured at the level of
the lowest storey above grade, including in both cases all porches and verandas, open
or covered, but excluding open and enclosed terraces at grade, steps, cornices, eaves
and similar projections; such area shall include air wells and all other space within a
building except inner or outer courts;
"SITE DEPTH" - means the average horizontal distance between the front and rear
site boundaries;
"SPLIT LEVEL" - means a dwelling that has three separate living areas, each
separated from the next by one half-storey;
"STATUTORY PLAN" - means a municipal plan, area structure plan or area
redevelopment plan pursuant to the Municipal Government Act;
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"STOREY" - means the habitable space between the upper face of one floor and the
next above it. The upper limit of the top storey shall be the ceiling above the topmost
floor. A basement or cellar shall be considered a storey in calculating the height of a
building if the upper face of the floor above it is more than 1.8 m (5.9 ft.) above
grade;
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" - means the Subdivision
and Development Appeal Board appointed pursuant to the provisions of the Municipal
Government Act;
"TEMPORARY DEVELOPMENT" - means a development for which a development
permit has been issued for a limited time only;
"USE" - means a use of land or a building as determined by the Development Officer
and/or Council;
"UTILITY" - means the components of a sewage, storm water or solid waste disposal
system, or a telecommunication, electrical power, water, gas or oil distribution system;
"VIOLATION TICKET" - has the same meaning as defined in the Provincial Offences
Procedure Act, RSA 2000, c P-34;
"YARD" - means a required open space unoccupied and unobstructed by any
structure or portion of a structure above the general ground level of the graded lot,
unless otherwise permitted in this Bylaw;
"YARD, FRONT" - means that portion of the site extending across the full width of
the site from the front property boundary of the site to the exterior wall of the
building. A lakefront lot shall front onto the water and a back lot shall front onto the
legal road allowance;
"YARD, REAR" - means that portion of the site extending across the full width of the
site from the rear property boundary of the site to the exterior wall of the building;
For lakefront lots, the rear yard is the yard furthest from the lake; and.
"YARD, SIDE" - means that portion of the site extending from the front yard to the
rear yard and lying between the side property boundary of the site and the nearest
portion of the exterior wall of the building.
Page 18 of 60
PART II - ESTABLISHMENT OF DEVELOPMENT
CONTROL AGENCIES
SECTION 6
DEVELOPMENT AUTHORITY
a) The Development Authority for the Summer Village of Nakamun Park is established
under this Bylaw pursuant to Section 624 of the Municipal Government Act.
b) The Development Authority for the Summer Village of Nakamun Park is:
a. the person(s) appointed by resolution of Council as Development Officer
pursuant to this Bylaw, and
b. the Municipal Planning Commission established by Bylaw pursuant to the
Municipal Government Act,
c. the Council for the Summer Village of Nakamun Park in matters related to
Direct Control Districts.
c) The office of the Development Officer is established through this Bylaw and shall be
filled by person(s) employed, or contracted, by the Summer Village of Nakamun
Park.
d) The Development Authority shall be carried out in accordance to powers and duties
described in the Municipal Government Act, regulations established under the Act,
and this Bylaw, as amended from time to time.
e) For the purpose of the Development Authority, the Development Officer is hereby
declared to be an authorized person of the Summer Village of Nakamun Park.
f) The Development Officer shall perform such duties that are specified under this
Bylaw.
g) The Development Officer shall keep and maintain for the inspection of the public
during all reasonable hours, a copy of this Bylaw and all amendments thereto; keep
a register or all applications for development, including the decisions thereon and
the reasons therefore.
h) For the purposes of right of entry, the Development Officer is hereby declared an
authorized person of Council.
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i) For the purposes of Section 542 of the Act, the Development Officer is hereby
designated as authorized by the Municipality to discharge the relevant powers and
functions.
SECTION 7
MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by a separate Municipal Planning
Commission Bylaw of the Summer Village of Nakamun Park, as amended.
The Municipal Planning Commission shall perform such duties as are specified in this Bylaw
and as are specified in the Municipal Planning Commission Bylaw.
SECTION 8
ESTABLISHING THE SUBDIVISION AND DEVELOPMENT APPEAL
BOARD
a) The Subdivision and Development Appeal Board for the Summer Village of Nakamun
Park, as established through the Summer Village of Nakamun Park Subdivision and
Development Appeal Board Bylaw, as amended, shall perform the duties and
functions as described in the Bylaw and the Act.
b) The Subdivision and Development Appeal Board shall review all appeal applications
within its jurisdiction for development appeal, stop order appeal, and subdivision
application appeal.
SECTION 9
AMENDING THE LAND USE BYLAW
a) The Council on its own initiative may give first reading to a bylaw to amend this Land
Use Bylaw.
b) A person may make application to the Development Officer for amendment to this
Land Use Bylaw. The application shall include:
1. a statement of the specific amendment requested;
2. the purpose and reason for the application;
3. if the application is for a change of district, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
4. the applicant's interest in the lands;
5. an application fee to be determined by Council, by Bylaw;
6. the cost of advertising for the public hearing; and
7. such other information as the Development Officer or Council deems
necessary to assess the motive of the application.
c) Upon receipt of a completed application along with all information required to
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process the application for amendment to this Land Use Bylaw, the Development
Officer shall determine when the application will be placed before the Council and
shall issue not less than ten (10) days' notice to the applicant advising that he may
appear before Council at that time, and speak to the application. The Development
Officer shall place an application for amendment before the council within sixty (60)
days of its receipt.
d) The Council, in considering an application for an amendment to this Land Use Bylaw,
may at its sole discretion:
1. refer the application for further information; or
2. pass first reading to a bylaw to amend this Land Use Bylaw, with or without
modifications; or
3. pass first reading of an alternate amendment to this Land Use Bylaw.
e) Following first reading to an amending bylaw, Council shall:
1. establish the date, time and place for a public hearing on the proposed bylaw;
2. outline the procedure to be followed by anyone wishing to be heard at the
public hearing; and
3. outline the procedure by which the public hearing will be conducted.
f) Following passage of the first reading to an amending bylaw, the Development
Officer shall issue notice of the public hearing:
1. by publication in two issues of a newspaper circulating in the area, the
publication date of the second issue being not less than five (5) days
preceding the date of the hearing; and
2. by mailing notice no less than ten (10) days preceding the date of the hearing
to:
i. the applicant, and
ii. to the registered owner of the land, if not the applicant, and the
owners of adjacent land if the proposed bylaw will result in a change of
district designation.
g) The notice of the public hearing shall provide the following information:
1. the purpose of the proposed bylaw;
2. the date, time and place of the public hearing;
3. that the proposed bylaw and any public documents applicable to the proposed
bylaw may be inspected at the Summer Village Office at all reasonable times;
4. the procedure for the public hearing.
h) Prior to the public hearing, the Development Officer may forward a copy of the
proposed bylaw to any Agency or organization the Summer Village determines may
have an interest in the proposed amendment.
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i) At the public hearing, Council shall hear:
1. any person or group of persons acting on his or their behalf, who:
i. has complied with the procedures outlined by Council, and
ii. claims to be affected by the proposed bylaw; and;
2. any other person who wishes to make representations and whom Council
agrees to hear.
j) Council after considering:
1. any representations made at the public hearing; and
2. the Municipal Development Plan, any other Statutory Plan affecting the
subject property, and the provisions of the Land Use Bylaw;
may make such amendments or changes as it considers necessary to the proposed
bylaw, if any, and proceed to pass the proposed bylaw; or (ii) defeat the proposed
bylaw.
k) Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and/or negotiate a development agreement in
respect of the proposal which initiated the application for amendment.
l) After third reading of the proposed bylaw, the Development Officer shall send a copy
of it to:
1. The applicant; and
2. The registered owner of the land if different from the applicant.
SECTION 10
SECTIONS FOUND TO BE INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be invalid, all
remaining provisions are to remain in full force and in effect.
PART III - DEVELOPMENT PERMITS
SECTION 11
CONTROL OF DEVELOPMENT
No development other than that designated in Section 12 (Where Development Permit Is
Not Required) of this Bylaw shall be undertaken within the municipality unless an application
for it has been approved and a development permit has been issued.
Generally, Developments requiring permits include but are not limited to:
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a) all construction of buildings, structures, services, or utilities;
b) any landscaping that adversely effects the subject or adjacent properties, and
includes changing of grade(s), stockpiling of material and excavation; and
c) all driveways.
SECTION 12
WHERE A DEVELOPMENT PERMIT IS REQUIRED
All development undertaken in the municipality requires an approved development permit
prior to commencement, except the following provided the development conforms to all
other provisions of this Bylaw:
a) the carrying out of works of improvement, maintenance or renovation to any building
provided that such works do not include structural alterations or additions;
b) the completion of any development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that the development is completed within the time limit of
such a permit or within twelve (12) months of the effective date of the Bylaw,
whichever is earlier;
c) the use of any such development as is referred to in subsection (b) for the purpose
for which development was commenced;
d) the erection or construction of gates, fences, walls or other means of enclosure less
than 0.9 m (3.0 ft.) in height in front yards and less than 1.8 m (6.0 ft.) in other
yards, and the maintenance or improvements of any gates, fences or walls or other
means of enclosure. No electrical or barbed wire fences shall be permitted within the
corporate boundaries of the Summer Village;
e) the erection or placement of a temporary building, the sole purpose of which is
incidental to the erection of a building for which a development permit has been
granted, provided the temporary building is removed within thirty (30) days of
substantial completion or as determined by the development officer;
f) the completion, alteration, maintenance or repair of a street, lane or utility
undertaken upon a public thoroughfare or utility easement, or undertaken to connect
the same with any lawful use of buildings or land;
g) any development carried out by or on behalf of the Crown but not including that
carried out by or on behalf of a Crown corporation;
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h) any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
i) a portable garden or tool shed not on a fixed foundation on the residential parcel,
such building not to exceed 9.3 m2 (100.10 ft.2) in floor area and 2.5 m (8.2 ft.) in
height;
j) development exempted from requiring a development permit under the Municipal
Government Act;
k) signs posted or exhibited in a building;
l) signs posted or exhibited in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign;
m) a statutory or official notice of a function of the Summer Village of Nakamun Park;
n) traffic signs authorized by the Summer Village of Nakamun Park and/or Alberta
Provincial authorities;
o) a sign or signs posted or exhibited solely for the identification of the land or building
on which it is displayed, or to give directions to visitors, including professional,
corporate or trade name plates identifying the occupants, if the sign(s) does not
exceed 0.19 m2 (2.0 ft.2) in area, subject to all other orders, bylaws and regulations
affecting such signs;
p) the erection of a maximum of two on-site signs relating to the sale, lease or rental of
the buildings, or land to which they are attached provided that:
1. such signs for any single detached dwelling or single detached dwelling parcel
does not exceed 0.56 m2 (6.0 ft.2) in area, and
2. such signs for a multiple dwelling parcel, a commercial parcel does not exceed
3.0 m2 (32.0 ft.2), and
3. such sign shall not be illuminated;
q) campaign signs for federal, provincial, municipal or school board elections on private
properties for no more than thirty (30) days, or such other time as regulated under
provincial or federal legislation provided that:
1. such signs are removed within fourteen (14) days after the election date, and
2. the consent of the property owner or occupant is obtained, and
3. such signs do not obstruct or impair vision or traffic, and
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4. such signs are not attached to trees or utility poles, and
5. such signs indicate the name and address of the sponsor and the person
responsible for removal;
r) signs on land or buildings used for religious, educational, cultural, recreational,
medical or similar public or quasi-public purposes, provided that:
1. such signs shall not exceed 1.10 m2 (12.0 ft.2) in area, and
2. there shall be a limit of one sign for each side of the land or buildings on a
different street;
s) signs of building contractors relating to construction work in progress on the land on
which such signs are erected, provided that:
1. such signs do not exceed 3.0 m2 (32.0 ft.2) in area, and
2. there shall be a limit of one sign for each boundary of the property under
construction which fronts onto a public street, and
3. such signs shall be removed within fourteen (14) days of occupancy;
t) landscaping where it will not adversely affect the subject or adjacent properties but
does not include changes in grade, stockpiling or excavation;
u) hard surfacing of any yard area for the purpose of providing vehicular access from a
public roadway to an on-site parking stall provided that such hard surfacing does not
cause storm drainage to flow onto adjacent properties;
v) the erection of radio towers, antennas, poles, etc. not exceeding 4.5 m (15 ft.) in
height from grade provided that the structure is not located in the front yard or on
public land (i.e. lakefront or beach areas); (w) A fire pits;
w) flagpoles shall be permitted in the front yard, so long as same are not erected on
public land;
x) a home office, provided that the following are adhered to:
1. No individual other than the permanent resident of the dwelling unit operates
the home office;
2. No client or customer is received in the dwelling unit for business purposes;
3. The home office does not generate any pedestrian or vehicular traffic;
4. There are no on-site exterior signs or advertisements of the home office;
5. No materials, goods or finished products for business purposes are stored on-
site; and
6. The home office is operated as an accessory use only and must not change
the residential character or external appearance of the dwelling unit.
Page 25 of 60
SECTION 13
APPLICATION FOR DEVELOPMENT PERMIT
a) An application for a development permit shall be made to the Development Authority
in writing:
1. on the form prescribed by Council and may be accompanied by:
i. a scaled parcel plan in duplicate showing the legal description, the
front, rear, and side yards and provision for off-street loading and
vehicle parking,
ii. a scaled floor plans, elevations and sections in duplicate,
iii. a statement of existing and proposed uses,
iv. a statement of registered ownership of land and interest of the
applicant therein together with a copy of the Certificate of Title
indicating ownership and encumbrances,
v. the estimated commencement and completion dates,
vi. the estimated cost of the project or contract price, and
vii. such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development;
viii. grading plan
2. the Development Authority may refuse to accept an application for a
development permit where the information required by Section 13.a).1. has
not been supplied or where, in the opinion of the Development Authority, the
quality of the material supplied is inadequate to properly evaluate the
application; and
3. the Development Authority may review an application and make a decision
without all of the information required by Section 13.a).1. if it is the opinion of
the Development Authority that a decision on the application can be properly
made without such information.
b) A non-refundable processing fee, the amount of which being determined by Council
from time to time and established through a duly passed Bylaw of the municipality
regarding same, shall accompany each application for a development permit. Where
the development has initiated prior to the Development Permit being issued, the fee
for the said permit may be subject to an adjustment (higher rate) as defined in the
Fees and Charges Bylaw of the municipality.
c) The municipality may register a caveat pursuant to the provisions of the Land Titles
Act and the Municipal Government Act in respect of the development agreement
against the Certificate of Title for the land that is the subject of the development,
with the said caveat being discharged when the agreement has been complied with.
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d) In the case where an application for a development has been refused by the
Development Authority or ultimately after appeal pursuant to Part 3 of this Bylaw,
the submission of another application for development by the same applicant or any
other applicant,
1. On the same parcel, and
2. For the same or similar use;
may not be made for at least six (6) months after the date of refusal.
SECTION 14
DEVELOPMENT PERMIT FEES
Where applicable under the provisions of this Bylaw, any Development Permit applications
fee shall be due as part of the permit application and review process. The fees and
charges for development related activities shall be as determined by Council as part of an
approved Bylaw as required by the Act.
SECTION 15
PERMITS AND NOTICES
a) A permit issued pursuant to this part shall come into effect:
1. after the twenty-first (21) day of the date of the issue of the Notice of Decision
by the Development Officer on the application for development permit (14 day
appeal period & 7 days for mailing in province); or
2. if an appeal is made, on the date that the appeal is finally determined and the
permit may be modified of nullified thereby.
Any development proceeded with by the applicant prior to the expiry of the above is
done solely at the risk of the applicant.
b) On the same date a development permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms described as
follows:
1. mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer, be affected; and/or
2. post a notice of the decision conspicuously on the property for which the
application has been made; and/or
3. publish in a newspaper circulating in the municipality a notice of the decision.
c) If the development authorized by a permit is not commenced within twelve (12)
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months from the date of its issue, of the date of decision of the Subdivision and
Development Appeal Board, nor carried out with reasonable diligence as determined
by the Development Officer, the permit ceases to be effective, unless an extension to
this period, being no longer than an additional twelve (12) months, has previously
been granted by the Development Officer.
d) The decision of the Development Officer on an application for a development permit
shall be given to the applicant in writing.
e) If the Development Officer refuses an application for a development permit, the notice
of decision shall contain the reasons for the refusal.
f) Notwithstanding other provisions of Section 12 of this Bylaw, in accordance with
Section 685(3) of the Act, a development permit for a permitted use without variance
does not require notification other than to the landowner and applicant.
SECTION 16
DECISIONS ON DEVELOPMENT PERMITS
a) Permitted and Discretionary Use Applications (Non-Direct Control Districts).
1. The Development Authority shall be the approving authority for all proposed
development, which is listed as either a permitted or discretionary use under
a land use district under this Bylaw.
2. Upon receipt a completed application for a development permit for a
permitted use, the Development Officer shall approve the application with or
without conditions, where the proposed use conforms to this Bylaw.
Generally, the Development Officer is authorized to approve all permitted use
development permit applications.
3. Subject to Section 16.b).3, the Development Officer is authorized to decide
all discretionary use development permit applications which are related to an
approved use on the subject property.
4. All development permit applications which are discretionary and not related
to an approved use on the subject property and/or which require a variance
to any quantitative regulation (i.e., side yard setback) contained in this Bylaw
shall be referred to the Municipal Planning Commission for decision.
5. The Municipal Planning Commission is authorized to decide all development
permit applications that are referred to it by the Development Officer.
6. When approving a discretionary use application, the Development Authority
may attach conditions to the approval to ensure that the proposal conforms
to this Bylaw. A condition of all development permits shall be that all tax
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arrears on the property be paid, in full or in a termed arrangement agreeable
to the municipality, prior to commencement of the development.
b) Variance Provisions:
1. The Development Authority may conditionally approve a proposed use that
does not comply with this Bylaw, if, in its opinion,
i. the proposed development would not,
1. unduly interfere with the amenities of the neighbourhood, or
2. materially interfere with or affect the use, enjoyment, or value
of neighbouring properties, and
ii. the proposed development conforms to the uses prescribed for that
land or building in this Bylaw.
2. Notwithstanding the above, a variance shall be considered only in cases of
unnecessary hardship or practical difficulties to the use, character, or
situation of land or building which are not generally common to other land in
the same district.
3. When considering a variance to quantitative criteria such as floor area or a
site setback, the Development Officer may approve in accordance with this
Bylaw a variance up to a maximum of 20% of the stated regulation. Any
variance requests in excess of 20% shall be referred to the Municipal
Planning Commission.
c) Development Permit Refusals:
1. When refusing an application for a development permit, the Development
Authority shall clearly describe the reasons for the said refusal on the notice
of decision.
d) Temporary Permits:
1. Where a development permit is not required on a permanent basis, the
Development Authority may approve the development permit for a specified
period of time. The expiry date of all temporary development permits shall
be clearly indicated on the notice of decision.)
e) Conditional Approval
Notwithstanding the regulations of this Bylaw, the Development Authority may
impose such conditions on the approval of an application as, it its opinion, are
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necessary to ensure the orderly and economical development of land within the
municipality.
1. This may include, without limiting the provisions:
i. the condition of a written consent or signed statement related to
acknowledgement of any particular or general terms of the approval;
ii. the condition of an irrevocable letter of guarantee or irrevocable letter
of credit from a developer to secure the performance of any or all of
the conditions of an approved permit;
iii. the execution of a development agreement with the municipality to
ensure compliance and general performance of the terms of the
permit, and such agreement may also be protected by caveat
registered by the municipality on the subject parcel;
iv. a requirement to obtain and produce all other applicable permits
(safety codes, building, plumbing, electrical) as may be required for
the development;
v. the assumption of full financial responsibility for the construction and
liability for any damages done by the applicant, their servants,
suppliers, agents, or contractors, to any public or private property;
vi. the requirement to obtain and produce a surveyor's certificate relating
to the building, development, or lands, for which a permit is applied
for.
SECTION 17
DEEMED REFUSALS OF DEVELOPMENT PERMIT APPLICATIONS
In accordance with the Municipal Government Act, an application for a development permit
shall at the option of the applicant, be deemed to be refused when the decision of the
Development Authority, is not made within forty (40) days of the completed application being
received by the Development Authority unless the applicant and the Development Authority
have mutually entered into an agreement to extend the forty (40) day period.
SECTION 18
SUSPENSION AND CANCELLATIONS OF DEVELOPMENT PERMITS
a) If, after a development permit has been issued, the Development Authority becomes
aware that:
1. The application for the development contains a misrepresentation;
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2. facts concerning the application or the development were not disclosed at the
time the application was considered;
3. the development permit was issued in error; or
4. the conditions of Development Permit Approval are not being complied with in
to the satisfaction of the Development Authority,
the Development Authority may suspend or cancel the notice of decision or the
development permit by notice, in writing to the holder of it.
b) A person whose development permit is suspended or cancelled under this section may
appeal to the Subdivision and Development Appeal Board.
SECTION 19
CONTRAVENTIONS
a) Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
1. the Municipal Government Act or the regulations; or
2. a development permit or subdivision approval; or
3. the Land Use Bylaw;
the Development Authority may, by notice in writing, order the registered owner, the
person in possession of the land or buildings, or the person responsible for the
contravention or all of them to,
1. stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
2. demolish, remove or replace the development; or
3. take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the
Municipal Government Act, the regulations, a development permit, subdivision
approval or this Bylaw, as the case may be.
b) Where a person fails or refuses to comply with an order directed to him under
Subsection (a) or an order of the Subdivision and Development Appeal Board under
the Municipal Government Act within the time specified, the Council or a person
appointed by it may, in accordance with the Municipal Government Act, enter upon
the land or building and take such action as is necessary to carry out the order.
Where the Council or a person appointed by it carries out an order, the Council shall
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cause the costs and expenses incurred in carrying out the order to be registered as a
caveat under the Land Titles Act against the Certificate of Title for the land that is
subject of the order pursuant to the Municipal Government Act.
c) Where a notice is issued under Subsection (a), the notice shall state the following
and any other information considered necessary by the Development Authority:
1. An explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the Act the order is being carried out; and
2. The alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention; and
3. A time frame in which the contravention must be corrected prior to the
Summer Village pursuing action; and
4. Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
SECTION 20
BYLAW ENFORCEMENT, PENALTIES AND FINES
This Bylaw may be enforced, and the contravention of any provisions contained herein
restrained, by the Court of King's Bench of Alberta upon action brought by Council, whether
or not any penalty has been imposed for the contravention.
a) Offences:
1. It is an offence for any person or Development to:
i.
Contravene this Bylaw; or
ii.
Cause, allow, or permit a contravention of any provision of this
Bylaw.
2. If a Development Permit is required but has not been issued, or is not valid
under this Bylaw, it is an offence for any person to:
i.
Construct a Building or structure;
ii.
Commence a Use or change of intensity of a Use;
iii.
Make an addition or alteration to a Building or structure;
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iv.
Place a sign on land, on a Building or structure;
v.
Not comply with the direction of an order.
3.
It is an offence to undertake a Development in contravention of a
Development Permit, including any conditions of approval.
4.
It is an offence for any person not to take the corrective measures specified
in a violation notice.
5.
It is an offence for any person to continue to develop after a Development
Permit has expired or been cancelled or suspended.
b)
Penalties:
1.
A person who is found guilty of an offence under this Bylaw is liable on
summary conviction to a fine not exceeding ten thousand dollars
($10,000.00) and, in default of payment of any fine imposed, to a period of
imprisonment not exceeding six (6) months.
2.
Where a specified penalty is listed for the offence in the Summer Village of
Nakamun Park Fees and Charges Bylaw, that amount is the specified penalty
for the offence. Where there is no penalty specified, the minimum penalty
for the offence is $250.00.
3.
Penalty amounts for contravention of the same provisions of the Bylaw that
occur within 12 months are:
i.
Double for a second offence; and
ii.
Triple for third and subsequent offences.
c)
Enforcement, Inspections, and Violation Tickets:
1.
An Officer may issue warnings, orders, or take actions or other measures
under the Act to enforce this Bylaw.
2.
Where an Officer believes that a Person has contravened any provision of
this Bylaw, the Officer may commence proceedings against the Person by
issuing a Municipal Tag or a Violation Ticket. An Officer may issue a
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Violation Ticket without previously issuing a Municipal Tag if, in the opinion
of the Officer, the situation deems it necessary.
3.
Municipal Tags:
i.
A Municipal Tag may be issued for any offence under this Bylaw.
ii.
A Municipal Tag shall be in the form approved by the Summer
Village of Nakamun Park and shall include the name of the person
believed to be contravening the Bylaw, the offence, the penalty for
the offence, the method by which the penalty may be paid, and
other information as may be required.
iii.
If a Municipal Tag is issued for an offence, the Municipal Tag must
specify the penalty amount established by this Bylaw for the
offence.
iv.
A person who commits an offence, if a Municipal Tag is issued for
the offence, may pay the penalty amount established by this Bylaw
for the offence and, if the full amount is paid on or before the
required date, the person will not be prosecuted for the offence.
v.
If a Municipal Tag has been issued and if the specified penalty has
not been paid within the prescribed time, then a Violation Ticket
may be issued.
vi.
A Municipal Tag may be served:
A. Personally on the Person; or
B. Mailed to the address shown on the certificate of title for the
lands on which the contravention is alleged to have occurred.
4. Violation Tickets:
i.
If a Violation Ticket is issued for an offence under this Bylaw, the
Violation Ticket may:
A. Specify the penalty amount established by this Bylaw for the
offence; or
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B. Require a person to appear in court without the alternative of
making a voluntary payment.
ii.
A person who commits an offence may, if a Violation Ticket is
issued specifying the penalty amount established by this Bylaw for
the offence, make a voluntary payment equal to the specified
penalty amount.
5. The levying of any payment of any penalty or the imprisonment for any period
provided in this Bylaw shall not relieve a Person from the necessity of paying
any fees, charges, or costs for which that Person is liable under the provisions
of this Bylaw or any other bylaw.
6. Payment of penalties will not relieve any Person from the requirement to
remedy the conditions of the original offence.
d) Proof of Permit.
1.
The onus of proving that the Person has a valid permit for the purpose of
this Bylaw is on the Person alleging the permit on a balance of probabilities.
2.
A copy of a record of the Summer Village of Nakamun Park, certified by the
CAO as a true copy of the original, will be admitted in evidence as prima
facie proof of the facts stated in the record without proof of the appointment
or signature of the person signing it.
SECTION 21
DEVELOPERS' RESPONSIBILITIES
a) A person to whom a development permit has been issued shall obtain from the
appropriate authority, where applicable, permits and/or approvals required in
connection with the proposed development.
b) The person to whom a development permit has been issued may be required to notify
the Development Officer:
1. following the preliminary layout of the site, but prior to the commencement of
actual development therein; and
2. upon completion of the development for which approval has been given and
which has been authorized by the issuance of the development permit.
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c) The Development Officer may require that further to Section 21.b).1., the applicant
arrange with the Development Officer for an on-site inspection before commencing
construction.
d) The applicant shall be financially responsible during construction for any damage by
the applicant, his/her servants, suppliers, agents or contractors to any public or private
property.
e) The applicant shall prevent excess soil or debris from being spilled on public streets,
lanes and sidewalks, and shall not place soil or any other material on adjacent
properties without permission in writing from adjacent property owners.
f) Sections 21.d) and 21.e) may be enforced pursuant to Section 20. Any costs incurred
as a result of damage or neglect to public property may be collected pursuant to
Section 21.
g) The Development Officer may require a Real Property Report relating to the building
for which a permit is applied.
h) A development permit is not transferable without the prior consent of:
1. the Development Officer, if the permit was issued by the Development Officer;
2. the Municipal Planning Commission, if the permit was issued by the Municipal
Planning Commission;
3. Council, if the permit was issued by Council with respect to development in a
Direct Control District; or
4. the Subdivision and Development Appeal Board, if the permit was issued by the
Subdivision and Development Appeal Board.
SECTION 22
SAME OR SIMILAR USE
The uses which are listed in the permitted and discretionary use columns under the land use
districts are not intended to be exclusive or restrictive. Where a specific use does not
conform to the wording of any definition, the Development Authority may, at his/her
discretion, determine that the use conforms to the spirit and intent of the purpose of the
land use district and is determined "same" or "similar" to other uses allowed in that land use
district. Notwithstanding the above, all uses defined as "same" or "similar" shall be
considered discretionary.
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PART IV - GENERAL REGULATIONS
SECTION 23
PRINCIPAL BUILDING OR USE
A maximum of one (1) principal building or principal use shall be considered a permitted
use within any land use district. All other principal buildings or principal uses shall be
considered discretionary.
No dwelling other than a single detached dwelling or modular home shall be a permitted
use within the corporate boundaries of the Summer Village of Nakamun Park.
SECTION 24
DWELLING UNITS ON A PARCEL
a) The construction, location, and use of a single (one) dwelling unit shall be a
permitted use on a residential parcel within the Summer Village of Nakamun Park.
b) The Development Authority may issue a development permit to a person that would
allow for the construction or location and use of more than one dwelling unit on a
parcel if the second or additional dwelling unit:
1. is contained in a building that, or in buildings each of which, is designed for or
divided into two or more dwelling units;
c) When determining whether to allow an additional dwelling unit on a parcel the
Development Authority shall consider:
1. Suitability of the site for the proposed dwelling;
2. The length of time that the developer requires the proposed building;
3. Access to and from the site;
4. The provision of proper water and sewer services;
5. Existing and future surrounding land use; and,
6. Whether the proposed development meets the spirit and intent of the purpose
of the subject land use district.
d) The Development Authority may take into account family-human relationships when
making decisions on development permit applications for an additional dwelling unit
on a parcel.
e) The Development Authority may attach as a condition of an approval a time period
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after which the additional dwelling unit must be removed from the parcel, altered to
accommodate another use, or some other site redress plan as deemed appropriate.
SECTION 25
BUILDING ATTACHED TO PRINCIPAL BUILDING
Where a building is attached to the principal building by open or enclosed roof structure, it
is to be considered a part of the principal building and not an accessory building.
SECTION 26
BUILDING ORIENTATION AND DESIGN
a) The design, character and appearance of any building or site, or series of buildings or
sites, structure or sign proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to:
1. amenities such as daylight, sunlight and privacy,
2. the character of existing development in the district, and
3. its effect on adjacent parcels.
4. General regard for reasonable safety, preventative and protective hazard
mitigation.
SECTION 27
PROJECTIONS OVER YARD
a) Projections on foundation walls and footings or on piles are deemed to be part of the
building and shall not be considered as a projection over a yard.
b) Projections over yards for accessory buildings and garages shall be in accordance with
Section 33 of this Bylaw.
c) Dwelling Unit eaves shall be considered part of the dwelling and may project over a
yard provided the projection is no closer than 1.2 m (3.9 ft) to a property adjoining a
privately owned lot.
SECTION 28
RELOCATION OF EXISTING STRUCTURES
a) No person shall:
1. Place on a parcel a building which has previously been erected or placed on a
different parcel, or
2. Alter the location on a parcel of a building which has already been constructed
on that parcel, unless the Development Authority approves the placement or
alteration
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3. Notwithstanding any other provision of this Bylaw, no mobile homes may be
moved into the corporate boundaries of the Summer Village of Nakamun Park
after July 1, 2011.
b) An application to "relocate" a building may require:
1. a colour photograph of the building,
2. a statement of the present location of the building,
3. a notification of the relocation route, date, and time that the relocation is to
take place, and
4. a complete site plan showing all buildings located or to be located on the lot.
c) The Development Authority may require, when a development permit is issued for a
relocated building, a performance bond or a letter of credit related to the proposed
development.
d) The Development Authority may require; when a development permit application is
received to relocate a building, a notice in writing be forwarded to all adjacent
landowners in the receiving neighbourhood.
e) Any renovations and any conditions imposed by the Development Authority to a
relocated building shall be completed within one year of the issuance of the
development permit. Non-compliance shall result in the forfeiture of the performance
bond or letter of credit.
f) When reviewing development permit applications for moved-in buildings, the
Development Authority shall consider the impact of the proposed moved-in building on
the aesthetics and value of the adjoining properties.
g) In the case of a building to be relocated, it shall, in the opinion of the Development
Authority, be compatible, with respect to age and appearance, with the buildings in
the receiving neighbourhood once all required renovations and improvements have
been completed.
h) An approval shall not be granted under Subsection (a) unless the Development
Authority is satisfied that:
1. The placement or location of the building would meet the requirements of this
Bylaw; and
2. The building and the parcel meet the requirements of this Bylaw and the land
use district in which the building is proposed to be located as well as all
applicable building standards of the Alberta Government.
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SECTION 29
EXCAVATING, STRIPPING AND GRADING
a) In all land use districts, no person shall commence or continue the removal of
topsoil, without first obtaining an approved development permit.
b) Pursuant to subsection (a) and in addition to the requirements of Section 21 of this
Bylaw, development permit applications for landscaping, site work or drainage work
shall be accompanied by a general parcel grading plan, drainage plan and indicate
any existing or proposed retaining wall construction.
c) There shall be provided upon occupancy of the development, a minimum topsoil
coverage of 7.6 cm (3.0 inches) and the affected area shall be landscaped to the
satisfaction of the Development Authority.
d) Any area to be landscaped may, at the discretion of the Development Authority, be
left in its natural state, or be loamed and planted to grass, trees, shrubs, and/or
flowers or similar vegetation or a combination thereof, which will enhance the
appearance of the site and complement the development on the site.
e) In all cases, site grades shall be established with regard to preventing drainage from
one site to the next, except where drainage conforms to an acceptable local or
subdivision drainage plan.
f) All culverts used in private accesses shall be a minimum length of 4.9 m. (16.0 ft.),
and be of metal construction having a thickness and diameter that is deemed
appropriate by the Development Authority.
g) As a condition of the development permit, all required landscaping and planting must
be carried out to the satisfaction of the Development Authority and within one (1)
year (weather permitting) of occupancy or commencement of operation of the
proposed development.
h) As a condition of a development permit, the Development Authority may require that
the developer provide a financial guarantee, in a form acceptable to the Summer
Village of Nakamun Park, up to the value of the estimated cost of the proposed
landscaping/planting to ensure that such landscaping/planting is carried out with
reasonable diligence.
SECTION 30
OBJECTIONABLE ITEMS AND USES
a) All matters related to unsightly property, improper storage of vehicles, parking of
commercial vehicles over 55,000 kg (12,125.22 lbs.) shall be addressed through the
Municipal Government Act and bylaws adopted by Council other than this Land Use
Bylaw.
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b) The following prohibited or restricted developments shall be subject and addressed in
accordance with this Bylaw:
1. any excavation, storage or piling up of materials required during the
construction stage unless all necessary safety measures are undertaken, and
the owner of such materials or excavations assumes full responsibility to
ensure the situation does not prevail any longer than reasonably necessary to
complete a particular stage of construction work.
2. Outside storage areas shall be screened from adjacent sites and
thoroughfares.
c) No person shall keep or permit in any part of a yard in a residential land use district:
1. any dismantled or wrecked vehicle for more that fourteen (14) consecutive
days;
2. any object or chattel which, in the opinion of the Development Officer,
Municipal Planning Commission, or Council, is unsightly or tends to adversely
affect the amenities of the district.
d) In all land use districts, garbage shall be stored in weather and animal proof
containers screened from adjacent parcels and public thoroughfares to the
satisfaction of the Development Officer, Municipal Planning Commission or Council
e) Sites and buildings in all districts shall be maintained in a clean and tidy condition
free from all rubbish and debris.
f) In any district, no storage or activity may be undertaken which, in the opinion of the
Development Officer, Municipal Planning Commission, or Council, constitutes a
danger or annoyance to persons on site, on public property, or on any other site, by
reasons of excessive noise, vibration, dust and other particulate matter, smoke,
odour, toxic, and noxious matter, traffic, radiation hazards, fire, and explosive
hazards, heat, humidity and glare, refuse matter or waterborne waste, water or
steam.
g) Any Construction or activity which would have an adverse effect on lake water quality
or on the aesthetics of the lakeshore shall be prohibited.
SECTION 31
FENCES
a) In all districts, except as herein provided, no fence shall be constructed that is:
1. Higher than 1.83 m (6.0 ft. ) for that portion of the fence that does not extend
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forward beyond the foremost portion of the principal building on the parcel;
and
2. Higher than 0.91 m (3.0 ft.) for that portion of the fence that extends into the
front yard beyond the foremost portion of the prinicpal building on the parcel.
b) Subject to Section 12 of this Bylaw, all fence construction shall require an approved
development permit.
c) Where parcels have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection of any
fences on such parcel. Size and specifications for fences in these areas must conform
to the overall standard set for the area by the Summer Village of Nakamun Park.
SECTION 32
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
a) Where any on-site services or improvements, or any off-site local improvements are
required to service a proposed development, a person shall not begin the excavation
for the foundation nor commence the development until the Development Officer is
satisfied that such services or improvements will be undertaken.
b) No development permit shall be issued for a development to be served by private
sewer and water systems until the systems have been approved by the appropriate
municipal and provincial authorities.
c) Privies:
1. No privy shall be constructed closer than:
i. 5.0 m (16.0 ft) to a street or lane,
ii. 1.0 m (39 inches) to any other property line,
iii. 1.0 m (39 inches) to any structure,
iv. 9.0 m (30.0 ft) from any body of water, and
v. 9.0 m (30.0 ft) from a well.
2. All new construction shall require a sealed C.S.A. approved holding tank for
collection of sewage effluent.
3. All privies shall be located in the rear yard and rear half of the lot.
d) Holding Tanks:
The regulations of the Alberta Department of Labour, Plumbing Inspection Branch,
shall govern the installation of holding tanks.
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SECTION 33
ACCESSORY BUILDINGS
In residential districts detached garages and accessory buildings shall be located
according to the following:
a) The maximum total combined floor area of all accessory buildings upon the site shall
be established and specified in the applicable sections of this Land Use Bylaw outlining
Land Use Districts, specifically Section 52 (Residential Standard Lot Regulations) and
Section 53 (Residential Large Lot regulations).
b) no closer to the front yard than the closest portion of the principal building.
c) a minimum of 2.0 m (6.56 ft.) from the principal building.
d) an accessory building shall be situated so that the exterior wall is at least 1.5 m (5.0
ft.) from the side boundaries and 1.5 m (5.0 ft.) from the rear boundary of the
parcel.
e) an accessory building shall not be more than 8.0 m (26.3 ft.) in height, and shall not
exceed the height of the main building, subject to the provisions for permitted
garage suite heights.
f) where an accessory building is a garage, vehicle access doors shall be a minimum of
6.0 (20.0 ft.) from the property line with the roadway or lane.
g) no roof overhang shall be situated within 0.9 m (3.0 ft.) of the side and rear property
boundary.
h) an accessory building shall be located in such a manner that it does not encroach
upon easements and rights-of-way.
i) notwithstanding subsection (b), above, in the case of lakefront lots an accessory
building which is a boathouse may be built in the front yard of the property provided
that it is built to the satisfaction of the Development Authority and does not exceed
4.0 m. (13.0 ft.) in height as measured from ground floor to finished roof peak. All
other accessory buildings must adhere to the subsection (b), above.
j) An accessory building shall not be used as a dwelling, subject to Section 34 and
Section 35.
k) Notwithstanding any other provision of this Bylaw, a maximum of one garage per lot
may be considered a "permitted" use.
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SECTION 34
SECONDARY SUITES
a) A secondary suite shall be operated as an accessory use only and shall not
change the residential character of the principal dwelling involved.
b) A secondary suite may be considered within:
1. the principal dwelling unit;
2. notwithstanding Section 33 of this Bylaw - the second storey of a detached
garage; or
3. an accessory building or structure.
c) A development permit for a secondary suite expires upon transfer of ownership of land
upon which the secondary suite is located. All new owners shall be required to secure
all necessary approvals prior to recommencement of the use.
d) A secondary suite shall not contain more than fifty percent (50%) of the total floor
area of the principal dwelling.
e) On-site parking shall conform to the parking regulation of this Bylaw for the
principal dwelling unit, and one (1) additional on-site parking stall shall be required for
each bedroom provided in the secondary suite.
f) Required parking stall(s) shall not be allowed on public roadways.
g) Prior to its use as an approved secondary suite the property owner shall be
required to meet all applicable safety code requirements.
h) The applicant shall provide an original copy of a fire inspection report to the
Development Officer, no older than 1 month, showing no deficiencies or evidence that
all identified deficiencies have been corrected, prior to the issuance of an approval for
a Secondary Suite.
SECTION 35
GARAGE AND GARDEN SUITES
a) A Garage Suite shall be developed as an integral part of a detached garage where
the principal building is a single detached dwelling.
b) Only one secondary suite, garage suite or garden suite may be developed in
conjunction with a principal building on a site.
c) A Garage Suite shall have an entrance separate from the vehicle entrance to the
detached garage, either from a common indoor landing or directly from the
exterior of the structure.
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d) The minimum site width for a site with a garage suite or a garden suite shall be
12.0 m. (39.4 ft.).
e) The maximum height of a garage suite shall be 8.0 m. (26.3 ft.), notwithstanding the
general limitations on an accessory building in proportion to the height of a principal
dwelling.
f) The maximum height of a garden suite shall be 4.5 m. (14.8 ft.).
g) The maximum floor area for garage and garden suites shall be 60.0 sq. m. (645.8
sq. ft.).
h) The minimum floor area of a garage suite or garden suite shall be 30.0 sq. m.
(322.9 sq. ft.).
i) The minimum side yard setback shall be:
1. For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
2. For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
3. On a corner site where a Garage Suite or Garden Suite abuts a flanking street,
other than an alley, the minimum street side yard setback shall not be less
than that provided for the principal building.
j) The minimum distance between a detached garage containing a Garage Suite, or
Garden Suite and the principal building on the same site shall be 4.0 m. (13.1 ft.).
k) A minimum of one parking stall shall be provided in addition to the required
number of parking stalls for the principal building.
l) No decks on Garage Suite or Garden Suite roofs shall be allowed.
m) Balconies shall be allowed as part of a Garage Suite developed above a detached
garage only where the balcony faces the alley or a flanking street.
n) Windows contained within the Garage Suite portion of the detached garage shall
be placed and sized such that they minimize overlook into yards and windows of
abutting properties through one or more of the following:
1. Off-setting window placement to limit direct views of abutting rear or side
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yard amenity areas, or direct view into a Garage Suite or Garden Suite window
on an abutting site;
2. Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
3. Placing larger windows such as living room windows, to face an alley, a
flanking street, or the larger of any side yard abutting another property.
o) A Garage Suite or Garden Suite shall not be allowed within the same site containing
a Secondary Suite, Group Care Facility or Limited Group Home, or Home Occupation.
p) Where Garage Suites are discretionary within the applicable district, the
Development Authority may exercise discretion in considering a Garage Suite
having regard to:
1. Compatibility of the use with the siting, grade elevations, height, roof slopes
and building types and materials characteristic of surrounding low density
ground-oriented housing and development;
2. The effect on the privacy of adjacent sites; and
3. The policies and guidelines for Garage Suites contained in a Statutory Plan for
the area.
SECTION 36
CORNER SITES (SIGHT TRIANGLES)
a) A sight triangle means that triangle formed by a straight line drawn between two points
on the exterior boundaries of the said site 6.1 metres (20.0 ft) from the point where
they intersect.
b) On laneways, the sight triangle shall be
formed by a straight line drawn between
two points on the exterior boundaries of the
said site 3.05 metres (10 ft.) from the
point where they intersect.
c) On any corner site, no person shall erect,
place or maintain within the sight triangle a
wall, fence, shrub, trees, hedge, or any
object over 0.9 metres (3.0 ft) in height above
the lowest street grade adjacent to the
intersection.
d) On any corner site, no finished grade shall
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SS LUB
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exceed the general elevation of the street line by more than 0.6m (2.0 ft.) within the
area defined as the sight triangle.
e) When a lot has more than one front yard line (corner lot), the front yard requirement
shall apply to all front yards, but, at the discretion of the Development Authority, one
front yard may be considered a side yard.
SECTION 37
CORNER AND DOUBLE FRONTING PARCELS
In all land use districts, a parcel abutting onto two streets or more shall have a front yard
setback on each street in accordance with the front yard requirements of this Bylaw. For the
purposes of determining the setback requirements, the long front yard shall be referred to as
the flanking front yard.
SECTION 38
PARKING
a) OFF-STREET AUTOMOBILE PARKING
1. An off-street parking area:
i. shall not be located within 1.0 m (3.28 ft.) of a lot line common to the
lot and to a street unless the parking area is shared between the
adjoining lots;
ii. shall be constructed so that adequate access to, and exit from each
stall is to be provided at all times by means of maneuvering aisles
designed to the satisfaction of the Development Authority;
iii. shall have necessary curb cuts located to the satisfaction of the
Development Authority; and
iv. shall be hard-surfaced to the satisfaction of the Development Authority
or of a gravel mixture approved by the Development Authority.
2. All parking areas shall conform to the minimum parking standards set out in
the Summer Village of Nakamun Park Land Use Bylaw.
b) NUMBER OF REQUIRED PARKING STALLS
1. A minimum of two (2) regulation parking stalls shall be required per dwelling
unit contained on the subject parcel.
2. Where applicable under Section 44, or more generally for accessory dwelling
units or bed and breakfast facilities, the Development Authority shall require a
minimum of one (1) parking stall for each additional dwelling unit in addition
to the prerequisite regulations in subsection 1, above, for any parcel, and may
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require additional parking stalls subject to subsection 3, below, if warranted.
3. Notwithstanding subjection (a), above, the Development Authority may
require additional, or generally relax, this requirement at its discretion, if
warranted by the circumstance.
c) GENERAL PARKING CONSIDERATIONS
1. The use and development of Public Roadways, accesses or land which impacts
the public road system in the Summer Village of Nakamun Park may also be
subject to other provisions and statues, including the municipal Road and
Public Property Bylaw, as amended from time to time.
2. No person shall park or otherwise leave or abandon a vehicle of any
description, however propelled, in any entrance or on any roadway thereby
impeding traffic, preventing passage or access to any municipal roadway or
property except for the driver of an ambulance firefighting equipment or police
vehicle is cases of emergency.
3. Any person who parks, leaves or abandons a vehicle contrary to the provisions
of this Bylaw is guilty of an offense and is subject to the penalties provided for
by the Act, or other municipal bylaws, as may be applicable.
SECTION 39
SIGNS
a) No signs or advertising structures of a commercial, direction, or informative nature
shall be erected on land or affixed to any exterior surface of any building or structure
unless an application for this purpose has been approved and a development permit
has been issued.
b) No signs or advertising structures or signboards shall be erected on or affixed to
public property without the prior consent of the appropriate public body.
c) Notwithstanding the generality of the above or the above provisions, the following
signs may be erected on land or affixed to the exterior of a building or structure
without application for a Development Permit, provided that no such signs are
illuminated:
1. signs for the purpose of identification, direction, and warning;
2. signs relating to a person, partnership or company carrying on a profession,
business or trade;
3. provided that the sign does not exceed a maximum of 3.7 m2 (12 ft2) and is
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limited to one such sign per lot; and
4. advertisements in relation to the function of public or quasi-public bodies.
d) No sign or advertisement shall resemble or conflict with a traffic sign.
e) All advertisements shall be kept in a clean, safe, and tidy condition.
f) Signs related to home occupations shall be limited to 1.0 m2 (1.55 ft2) and must be
attached to the respective residence.
g) No signs or advertising structures of any kind shall be permitted adjacent to a
highway unless the prior approval of the local road authority has been obtained.
SECTION 40
KEEPING OF ANIMALS
a) No person shall keep or permit to be kept in any part of the yard in any Land Use
District:
a. animals, livestock, or poultry with the exception of dogs, cats, and such other
usual domestic pets as are kept indoors, providing always that domestic pets
are kept under the condition that they do not act as a nuisance or reduce the
amenities of the area; and
b. any pets or domestic animals on a commercial basis.
SECTION 41
SEA CANS
No Sea Cans may be located within the Summer Village of Nakamun Park, unless approved
by the Development Authority, as a temporary use, approved as part of a Development
Permit for the construction or placement of a Single Detached Dwelling
SECTION 42
RECREATIONAL VEHICLES AND TEMPORARY LIVING
ACCOMMODATIONS
a) A maximum of one (1) Recreation vehicles, holiday trailers, motor homes, campers or tent
trailers, whether occupied or unoccupied, may be situated on a developed parcel provided that
the recreational vehicle:
1. Where occupied, is located within a required parking stall or on the site in a manner
satisfactory to the Development Officer; and,
2. Where occupied, has on-site access to an approved sewage collection system to the
satisfaction of the Development Officer; and,
3. Whether unoccupied or occupied, is maintained in a neat and tidy condition and
positioned in a location that respects the privacy and appearance of the neighbouring
properties, and in accordance with an approved development permit for same.
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4. Whether unoccupied or occupied, is maintained in accordance with the general
provisions of other "accessory structures" provided for in this bylaw, adhering
specifically to the setback requirements, lot location, and lot coverage considerations
regulating accessory structures under Section 33 of this Land Use Bylaw.
b) At no time are recreation vehicles to be used as a permanent place of residence.
c) At no time may a person store any derelict recreation vehicle on a property. Dereliction may
be assessed by inoperability, immobility, excessive rust, decay or damage, fluid leaks,
abandonment, lack of registration, or any or all of these.
SECTION 43
HOME OCCUPATIONS
a) Home occupations shall be limited to those areas which do not interfere with the
rights of other residents to quiet enjoyment of a residential neighborhood. Home
occupations shall not be a primary use of the residential building and shall not:
1. involve the storage of goods in the public view, a change in appearance of the
residence or its accessory buildings, unless approved by the Development
Officer,
2. require alterations to the building unless the alterations are approved by the
Development Officer, and
3. shall not employ any employees who do not reside on-site.
b) Development approval for home occupation business signage shall be at the
discretion of the Development Officer.
c) Home occupations shall initially be approved for a period not exceeding one year. At
that time, the application may be extended at the discretion of the Development
Officer, for the period of time that the property is occupied by the Applicant who the
home occupation was approved for.
d) All permits for home occupations shall be subject to the condition that they may be
reviewed, and possibly revoked at any time, if, in the opinion of the Development
Officer, the use is or has become detrimental or otherwise incompatible with the
amenities of the neighbourhood.
e) At all times, the privacy of the adjacent dwellings shall be preserved and shall not
unduly offend the surrounding residents by way of excessive lighting, noise, traffic,
congestion, late visitations by clients, etc.
SECTION 44
BED AND BREAKFAST
In addition to all other provisions and requirements of this section of the Bylaw, the
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following additional requirements shall apply to home-based businesses in the form of bed
and breakfast operations, as defined in Section 43 of this Bylaw:
a) Persons wishing to operate a bed and breakfast operation shall be required to apply
for a development permit from the Summer Village of Nakamun Park.
b) A bed and breakfast operation shall be limited to residential land use districts and
shall be contained entirely within the principal building.
c) A bed and breakfast operation shall be limited to one meal provided on a daily basis
to registered guests only with such meal being prepared in one common kitchen and
served in one common room.
d) In addition to the off-street parking requirements for the dwelling unit itself, as
stipulated in Section 38 (b) of this Bylaw, 1 (one) off-street parking space per rented
guest room shall be required for a bed and breakfast operation.
SECTION 45
SHORT-TERM RENTALS
Short-Term Rentals are neither Permitted nor Discretionary Uses within any land use
district within the Summer Village of Nakamun Park and will not be allowed.
SECTION 46
FLOOD PRONE LANDS
a) Development on land which may be subject to flooding shall be discouraged,
especially on lands which are with the 1:100 year flood plan, as determined by
Alberta Environmental Protection and the Summer Village of Nakamun Park.
b) Residential development on lands which have been designated as a flood area shall
be prohibited.
c) In flood areas, new development shall not be permitted unless the proposed
development is directly related to a recreational or lake use, such as picnic tables,
boat docks, launch ramps, etc.
d) In flood areas, new development shall not be allowed unless it complies with Canada
Mortgage and Housing Corporation standards for flood-proofing of buildings.
e) Development in areas with a potential to be flooded may have, at the discretion of
the Development Officer, a restrictive covenant related to the approved development
registered against the certificate of title for the subject property.
f) Development on lands which have a gross slope in excess of 15% shall be
accompanied by a site plan designed and approved by a professional engineer.
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SECTION 47
ENVIRONMENTALLY SENSITIVE LANDS
a) Development on lands which are designated or deemed by the Development Officer
to be environmentally sensitive shall be discouraged.
b) When reviewing an application for development on environmentally sensitive lands,
the Development Officer shall consider the following:
1. the impact of the proposed development on the subject and surrounding
area;
2. the soil types and conditions of the area surrounding the subject property;
3. any information on the past history of the subject property and surrounding
area from a geotechnical perspective; and
4. comments and recommendations from Alberta Environmental Protection.
c) As part of the development permit application, the Development Officer may require
a geotechnical study, prepared by a qualified geotechnical engineer,
addressing the proposed development. The geotechnical study will establish
building setbacks from property lines based upon land characteristics of the subject
property.
d) The Development Officer may require the following as a condition of approval for a
development permit application on land which is considered environmentally
sensitive:
1. that measures be taken to ensure that infiltration into area slopes, the subject
property, and adjacent lands are minimized, and
2. the registration of a restrictive covenant against the certificate of title of the
subject property related to the approved development.
SECTION 48
FIRE PITS
Within the corporate limits of the Summer Village of Nakamun Park, fire pits must:
a) Be at least 3 metres (10 feet) from buildings, property lines and anything else that
could catch fire.
b) Be less than 0.6 metres (2 feet) high
c) Be less than 1 metre (3 feet) wide
d) Have enclosed sides made from bricks, concrete or heavy-gauge metal
e) Have a mesh screen on top to stop sparks (spark-arrestor) with openings smaller
than 1.25 centimetres (1/2 inch)
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SECTION 49
CANNABIS REGULATIONS
(a) Cannabis retail sales
(1) Any site containing a Cannabis Retail Sales shall not be located less than
100 metres (328 feet) from any site being used as a public or private
education services or a provincial health care facility at the time of the
application for the Development Permit for the Cannabis Retail Sales. For
the purposes of this subsection only:
i.
the 100 metres (328 feet) separation distance shall be measured
from the closest point of the subject site boundary to the closest
point of another site boundary, and shall not be measured from the
district boundaries or from the edges of the structures;
ii.
the term "public or private education services" is limited to early
childhood education, elementary through high schools inclusively
only, and does not include dance schools, driving schools or other
commercial schools.
(2) Notwithstanding Section 16(b) of this Bylaw, a Development Authority shall
not grant a variance to subsections 49 (a)(1)(i.) or 49 (a)(1)(ii.).
(3) The Development Authority may require lighting, signage, landscaping or
screening measures that ensure the proposed development is compatible
with adjacent or nearby residential, commercial, industrial or community
services uses.
(4) Prior to the issuance of a development permit, the Development Authority
may conduct a site assessment, taking into account land use impacts
including, but not limited to, exterior illumination, landscaping, screens,
signs and access.
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(5) The Development Authority shall impose a condition on any development
issued for Cannabis Retail Sales requiring that the development:
i.
shall not commence until authorized by and compliant with all
federal and provincial legislation; and
ii.
must commence within six (6) months of the date of approval of the
development permit.
(6) For the purposes of Section 49 (a)(5)(ii)., development commences when
the Cannabis Retail Sales Use is established and/or begins operation.
b) Cannabis Production And Distribution Facility
(1) Any site containing a Cannabis Production and Distribution Facility shall not
be located within the following Land Use Districts under the Summer
Village of Nakamun Park Land Use Bylaw 2022-04, as amended:
i. RESIDENTIAL (R1) DISTRICT
ii. PARK (P) PARK AND RESERVE DISTRICT
iii. URBAN SERVICES (U) DISTRICT
(2)For the purposes of this subsection only, the owner or applicant shall
provide as a condition of development permit a copy of the current license
and all subsequent license renewals for all activities associated with
medical cannabis production issued by Health Canada.
(3)The owner or applicant shall obtain any other approval, permit,
authorization, consent or license that may be required to ensure
compliance with applicable federal, provincial or municipal legislation.
(4)All processes and functions of the development shall be fully enclosed
within a stand-alone building, including but not limited to all loading spaces
and docks, garbage containers, storage and waste material.
(5)The development shall be a singular use and shall not be operated in
conjunction with any other uses.
(6)The development shall include equipment designed and intended to
remove odours from the air where it is discharged from the building as
part of a ventilation system.
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(7)The development shall be located a minimum of 100 metres (328 feet)
away from any residential district.
(8)The Development Authority may require, as a condition of development
permit approval, a waste management plan, completed by a qualified
professional that details:
i.
the incineration of waste products and airborne emissions,
including odours;
ii.
the quantity and characteristics of liquid waste material
discharged by the facility; and
iii.
the method and location of collection and disposal of liquid and
waste material.
(9)The minimum number of parking stalls shall be at the discretion of the
Development Officer, per Section 38 PARKING.
(10)Fencing on the site shall be required, subject to the provisions of Section
31.
(11)Notwithstanding the provisions of Section 39 SIGNS, no sign shall be
displayed on the site that identifies the use.
(12)The development may be subject to periodic inspections to ensure
compliance with the Land Use Bylaw and the approved development
permit and all other applicable Bylaws of the Summer Village of Nakamun
Park.
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PART V - TITLE AND DEFINITIONS
SECTION 50
LAND USE DISTRICTS
The municipality is hereby divided into the following districts:
Short Form
District Designation
R1
Residential Standard Lot
P
Park and Reserve
U
Urban Services
SECTION 51
LAND USE DISTRICT MAP
a) Land use districts specified under Section 50 are described in the short form on the
LAND USE DISTRICT MAP.
b) The boundaries of the districts listed in subsection (a) are as delineated on the Land
Use District Map.
c) Where uncertainty exists as to the boundaries of districts as shown on the Land Use
District Map, the following rules shall apply:
1. Rule 1 Where a boundary is shown as following a street, lane, stream or canal,
it shall be deemed to follow the centre line thereof.
2. Rule 2 Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
3. Rule 3 In circumstances not covered by Rules 1 and 2 the location of the district
boundary shall be determined by:
i. Where dimensions are set out on the Land Use District Map, by the
dimensions so set; or
ii. Where dimensions are set out on the Land Use District with respect to
such boundary, by measurement of and use of the scale shown on the
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Land Use District Map.
d) 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
measurements and directions as the circumstances may require.
e) After the Council has fixed a district boundary pursuant to the provisions of subsection
(d), the portion of the boundary so fixed shall not be thereafter altered except by an
amendment of this Bylaw.
f) The Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
SECTION 52 R1 - RESIDENTIAL STANDARD LOT DISTRICT
a)
General Purpose of District
This district is generally intended for the development of single detached and
modular homes in a lake area residential setting.
b)
Permitted Uses and Discretionary Uses
Permitted Uses
Discretionary Uses
- Single detached dwelling
- Modular building
- Accessory building or Use
- A Maximum of 1 Recreational
Vehicles
- Bed and breakfast
- Home occupations
- Public utility buildings and
operations
c)
Site Area
Minimum site area shall be determined by the Subdivision Approving Authority.
d)
Minimum lot width shall be 15.5 m (50 feet).
e)
Minimum floor area for any dwelling shall be 75 sq. m. (800 sq. ft) or greater.
f)
Total site coverage of all accessory buildings shall not exceed 111.5 sq. m. (1200 sq.
ft.)
g)
Total site coverage of all buildings shall not exceed 40% of the area of the lot.
h)
Maximum building height shall be 9.0 m (29.5 ft).
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i)
Setback requirements are required as follows:
1.
Front Yard:
i.
Back lots - 6.1 m (20.0 ft).
ii.
Lakefront lots - at the discretion of the Development Officer, but
shall not be less than 6.1 m (20.0 ft).
2.
Rear Yard:
i.
Main building - 6.1 m (20.0 ft).
ii.
Accessory building - 1.0 m (3.3 ft) except a garage used to house a
vehicle and where the door faces the roadway - 6.1 m (20 ft).
3.
Side Yards:
i.
Principal building (less than 24.75 feet in height) - 1.5 m (5.0 ft).
ii.
Principal building (over 24.75 feet in height) - 2.3 m (7.5 ft)
iii.
Garages and accessory buildings - 1.0 m (3.3 ft).
SECTION 53
P - PARK AND RESERVE DISTRICT
a)
General Purpose of District
This district is generally intended for recreational uses to serve the residents and
visitors to the Summer Village of Nakamun Park.
b)
Permitted and Discretionary Uses
Permitted Uses
Discretionary Uses
- Recreation building or use
-Public use
-Accessory building or use
-
c)
Site Area
Minimum site area shall be determined by the Subdivision Approving Authority.
d)
Setback requirements are required as follows:
1. Front Yard:
i.
Back lots - 6.1 m (20.0 ft).
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ii.
Lakefront lots - at the discretion of the Development Officer,
but shall not be less than 6.1 m (20.0 ft).
2. Rear Yard:
i.
Main building - 6.1 m (20.0 ft).
ii.
Accessory building - 1.0 m (3.3 ft) except a garage used to house a
vehicle and where the door faces the roadway - 6.1 m (20 ft).
3. Side Yards:
i.
Principal building (less than 24.75 feet in height) - 1.5 m (5.0 ft).
ii.
Principal building (over 24.75 feet in height) - 2.3 m (7.5 ft)
iii.
Garages and accessory buildings - 1.0 m (3.3 ft).
e)
Restrictions
No vehicles (automobile and/or truck) or any other type of vehicle normally using
highways, shall be permitted on park or reserve land (except for maintenance
vehicles with Development Officer's permission).
SECTION 54
U - URBAN SERVICES DISTRICT
a)
General Purpose of District
This district is generally intended for public works and public uses.
b)
Permitted Uses and Discretionary Uses
Permitted Uses
Discretionary Uses
- Public Use
- Recreation building or use
- Accessory building or use
c)
Site Area
Minimum site area shall be determined by the Subdivision Approving Authority.
d)
Setback requirements are required as follows:
1.
Front Yard:
i.
Back lots - 6.1 m (20.0 ft).
ii.
Lakefront lots - at the discretion of the Development Officer, but
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shall not be less than 6.1 m (20.0 ft).
2.
Rear Yard:
i.
Main building - 6.1 m (20.0 ft).
ii.
Accessory building - 1.0 m (3.3 ft) except a garage used to house a
vehicle and where the door faces the roadway - 6.1 m (20 ft).
3.
Side Yards:
i.
Principal building (less than 24.75 feet in height) - 1.5 m (5.0 ft).
ii.
Principal building (over 24.75 feet in height) - 2.3 m (7.5 ft)
iii.
Garages and accessory buildings - 1.0 m (3.3 ft).
e)
Restrictions
(a)
No vehicles (automobile and/or truck) or any type of vehicle normally using
highways shall be permitted on Urban Services Districts (except vehicles
maintaining the district or being stored in facilities thereof).
(b)
Construction of public works buildings on the lot between blocks 7 and 8
(formerly known as R7) now designated as U7 shall be limited to
construction of one 40' X 60' storage building in the south west corner of
the lot and a harvester berth on the lakeshore.
Land Use Bylaw 2025-5
Land Use District Map
(Adopted on Passing of LUB 2025-5)