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LAND USE BYLAW
BYLAW #267-22
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
iii
Table of
CONTENTS
GUIDE TO USING THE LAND USE BYLAW
V
1
1.1 TITLE
1
1.2 PURPOSE
1
1.3 RULES OF INTERPRETATION
1
1.4 DEFINITIONS
2
1.5 ESTABLISHMENT OF FORMS
19
1.6 ESTABLISHMENT OF FEES
19
1.7 SEVERABILITY
19
1.8 REPEAL
19
20
2.1 DEVELOPMENT AUTHORITY
20
2.2 DEVELOPMENT OFFICER
20
2.3 MUNICIPAL PLANNING COMMISSION
20
2.4 SUBDIVISION AUTHORITY
20
2.5 COUNCIL
20
21
3.1 AMENDMENTS
21
24
4.1 CONTROL OF DEVELOPMENT
24
4.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
24
4.3 NON-CONFORMING BUILDINGS AND USES
25
4.4 APPLICATION FOR DEVELOPMENT
26
4.5 PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS
28
4.6 DEVELOPMENT AGREEMENTS AND CONDITIONS
30
4.7 VARIANCES
31
4.8 NOTICE OF DECISION
31
4.9 CANCELLATION
32
4.10 COMPLIANCE WITH OTHER LEGISLATION
32
33
5.1 SUBDIVISION APPLICATION REQUIREMENTS
33
5.2 SUBDIVISION PROCESS
34
5.3 DUTIES OF THE SUBDIVISION AUTHORITY
35
5.4 SUBDIVISION REQUIREMENTS AND CONDITIONS
35
36
6.1 DEVELOPMENT APPEALS
36
6.2 SUBDIVISION APPEALS
37
6.3 APPEAL HEARINGS AND DECISIONS
37
37
7.1 GENERAL PROVISIONS
37
7.2 PROHIBITIONS
38
7.3 RIGHT OF ENTRY
38
7.4 VIOLATION WARNING
38
7.5 WARNING AND FINAL WARNING NOTICE
38
7.6 OFFENSES AND FINES
38
7.7 STOP ORDERS
38
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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7.8 ENFORCEMENT OF STOP ORDERS
38
7.9 VIOLATION TAGS AND TICKETS
39
40
8.1 ACCESS AND EGRESS
40
8.2 BUILDING DEMOLITION
40
8.3 BUILDING ORIENTATION AND DESIGN
40
8.4 CONDOMINIUMS AND MULTIPLE OWNERSHIP
40
8.5 CORNER AND DOUBLE FRONTING LOTS
41
8.6 CORNER SITE AND SITE LINE PROTECTION
41
8.7 DEVELOPER'S RESPONSIBILITY
41
8.8 EASEMENTS
42
8.9 ENVIRONMENTAL SCREENING
42
8.10 EXISTING SUBSTANDARD LOTS
42
8.11 LANDSCAPING, ENVIRONMENTAL CONSERVATION, AND DEVELOPMENT
42
8.12 LIGHTING AND SURVEILLANCE EQUIPMENT
44
8.13 MECHANIZED EXCAVATION, STRIPPING, AND GRADING OF PARCELS
44
8.14 NUMBER OF BUILDINGS ON A PARCEL
44
8.15 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
44
8.16 ON-SITE AND OFF-SITE IMPROVEMENTS
44
8.17 PROJECTION INTO YARDS
44
8.18 RELOCATION OF BUILDINGS
45
8.19 SIGHT LINES AT INTERSECTIONS OF ROADWAYS
45
8.20 SITE CONDITIONS
45
8.21 SOUR GAS FACILITIES
47
8.22 WELLS AND PIPELINES
47
48
9.1 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS
48
9.2 DETACHED GARAGES
48
9.3 DRIVEWAYS AND PARKING
49
9.4 FENCING
49
9.5 HOME OCCUPATIONS
50
9.6 PRIVATE POOLS AND DECORATIVE PONDS
51
9.7 PUBLIC PROPERTIES
52
9.8 RECREATIONAL VEHICLES
52
9.9 SUITES
53
9.10 TOURIST HOMES
54
9.11 GUIDELINES FOR OTHER LAND USES
54
9.12 LAKESIDE BUILDINGS 54
55
10.1 ESTABLISHMENT OF LAND USE DISTRICTS
55
- R1 SHORELINE RESIDENTIAL DISTRICT
56
- R2 ESTATE RESIDENTIAL DISTRICT
59
- EO ENVIRONMENTAL OPEN SPACE DISTRICT
62
- CR COMMUNITY AND RECREATION DISTRICT
63
64
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
v
Guide to Using
THE LAND USE BYLAW
The Summer Village of Norglenwold Land Use Bylaw (LUB) establishes regulations affecting the development and use of land within the
municipality. Regulations vary depending on the location and type of development. In addition to the LUB other bylaws or regulations
of the Summer Village of Norglenwold, the provincial government, and the federal government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works:
The Land Use District Map divides the Summer Village of Norglenwold into four distinct land use districts.
The text of the Land Use Bylaw details application, appeal, and enforcement processes affecting the
development and use of land within the Summer Village.
Additional regulations are provided in Sections 7, 8, and 9 that apply to specific uses and land use districts.
These regulations control what types of land uses and developments are allowed on a lot.
The following steps may assist the user:
LOCATE
the Land Use District Map divides the Summer Village into four land use districts. Take note of which land use
district the subject property is located in. Please note that Land use districts are often referred to as "Zones" or
"Zoning." In order to conform to the language of the Municipal Government Act, this document uses the terms
"district" and "districting."
CHECK
the Table of Contents and locate the land use district that applies to your lot. Each land use district is listed in
Section 10. In each land use district you will find a list of permitted and discretionary uses, subdivision regulations,
development regulations, and other miscellaneous regulations. These regulations determine how and what can
be developed in the district. There are definitions in Section 1.4 that should also be consulted to ensure that
words and terms used in the Land Use Bylaw are understood.
REVIEW
the Table of Contents should be reviewed to see if there are any General or Specific Development Regulations
that apply to the development or use in question.
DISCUSS
we encourage you to discuss your proposal or concern with Summer Village Administration. Summer Village
Administration is trained and eager to assist you with your development, subdivision, or general inquiry issues
and to explain procedures. They can also assist with other situations such as enforcement or a Land Use Bylaw
amendment.
Please note that the Guide to Using the Land Use Bylaw is only intended to assist users and does not form part of this bylaw.
1
2
3
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
1
INTRODUCTION
1.1 TITLE
1. This Bylaw may be cited as "The Summer Village of Norglenwold Land Use Bylaw."
1.2 PURPOSE
1. The purpose of this bylaw is to, amongst other things:
a.
Divide the municipality into districts;
b.
Regulate and control or to prohibit the use and development of land and buildings in each district;
c.
Establish the office of the Development Officer;
d.
Establish a method of making decisions on applications for Development Permits including the issuing of Development
Permits;
e.
Provide the manner in which notice of the issuance of a Development Permit is to be given; and
f.
Protect the shoreline and water quality of Sylvan Lake.
1.3 RULES OF INTERPRETATION
1. Compliance with the policies in this Bylaw shall be interpreted and applied as follows:
a.
"shall" and "must" means mandatory compliance;
b.
"should" means compliance in principle, but is subject to the discretion of the Development Authority where compliance
is impracticable or undesirable because of relevant planning principles or circumstances unique to a specific application;
and
c.
"may" means discretionary compliance or a choice in applying regulation. The regulation can be applied, enforced or
implemented if the Development Authority chooses to do so. Application may depend on site specific circumstances.
2. Where a regulation involves two (2) or more conditions, provisions or events connected by a conjunction, the following shall apply:
a.
"and" means all the connected items shall apply in combination;
b.
"or" indicates that the connected items may apply singly or in combination; and
c.
"either-or" indicates the items shall apply singly but not in combination;
d.
words used in the singular include the plural and vice-versa;
e.
words used in the present tense include the other tenses and derivative forms.
3. All measurements in this Bylaw are metric. In the case of any conflict between information expressed in metric units and in imperial
units, the metric shall govern.
4. In the case of any conflict between a number written in numerals and a number written in letters, the number written in numerals
shall govern.
5. In the case of any conflict between the text of this Bylaw and any maps or drawings used to illustrate any aspect of this Bylaw, the
text shall govern.
6. Pursuant to Section 638.1 of the Act, in the event of a conflict or inconsistency between a land use bylaw and an Alberta Land
Stewardship Act (ALSA) Regional Plan, the Regional Plan prevails to the extent of the conflict or inconsistency.
7. Words, phrases and terms not defined in this Bylaw shall be given their definition in the Act, the Subdivision and Development
Regulations, or relevant enactments as the context requires. Other words shall be given their usual and customary meaning.
8. All references to legislation are to the most recent version of the legislation in effect, as amended, and any regulations enacted
thereunder from time to time.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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1.4 DEFINITIONS
1. In this Land Use Bylaw:
A
1
ABUT (OR
ABUTTING)
Means immediately contiguous or physically touching, and, when used with respect to a lot or
site, means that the lot or site physically touches upon another lot or site, and shares a property
line or boundary line with it.
2
ACCESSORY
BUILDING
Means a building separate and subordinate to the principal building, the use of which is
incidental to that principal building and is located on the same parcel of land and includes, in
the residential districts, such things as storage sheds, garages, and a guest house. Accessory
buildings are not intended for commercial purposes and do not include sea cans. Accessory
buildings shall not be located in the lakeside front yard of a property.
3
ACCESSORY USE
Means a use customarily incidental and subordinate to the principal use and is located on the
same parcel of land with such principal use.
4
ACT (OR THE ACT)
Means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended.
5
ADJACENT LAND
Means land or a portion of land that is
contiguous to the land that is the subject of
an application and includes land or a portion
of land that would be contiguous except for
a road, rail or utility right-of-way, river, or
stream.
6
ADJACENT
LANDOWNER
Means owners of land that is contiguous to the land that is the subject of an application, and
includes owners of land that would be contiguous except for public roadway, railway, utility
right-of-way, or watercourse.
7
AGRICULTURAL
OPERATION
Means an agricultural operation as defined in the Agricultural Operation Practices Act, R.S.A.
2000, c. A-7, as amended.
8
ANIMAL BOARDING
AND LODGING
Means a development where domestic pets are bred, boarded or trained. Animal breeding and
boarding facilities include kennels but do not include animal shelters, veterinary clinics, or
veterinary hospitals.
9
APIARY
Means the keeping of honey bees for honey production, and includes a place where bee
colonies (beehives) are kept on a site and where raw honey is processed and stored.
B
10
BASEMENT
Means a habitable portion of a building which is partly underground, but which has more than
50% percent of the distance, between the floor level and the underside of the ceiling joists,
above adjacent ground elevation.
11
BED AND
BREAKFAST
ESTABLISHMENTS
Means an accessory use within a single detached, owner occupied dwelling where temporary
sleeping accommodations (maximum of 4 (four), excluding those used by the
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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owner/operator/primary resident(s)), with or without meals, are provided for remuneration to
members of the public. This use does not include a boarding house.
12
BERM
Means a landscaped mound of earth.
13
BOARDING HOUSE
Means a building or a portion of a building without individual suites operated for the purpose
of providing live-in accommodation (either room for rent or room and board) for five or more
unrelated persons.
14
BOAT HOUSE
Means an accessory building designed and used primarily for the storage of boats and is
normally designed such that the main door faces the lake as to permit the direct removal of
boats from the water to the structure. A boat house shall not include a dwelling, and shall not
be located within the bed and shore of Sylvan Lake.
15
BREEZEWAY
Means a roofed open passage connecting two or more buildings. An accessory building
connected to a principal building by way of a breezeway shall not be considered part of the
principal building.
16
BUFFER
Means the use of berms, fencing and planting for the purpose of screening noises, views, dust,
sprays and uses between properties where offsite impacts may occur.
17
BUILDING
Means anything constructed or placed on, in, over or under land but does not include a highway
or road or a bridge forming part of a highway or road.
18
BUILDING AREA
See "Floor Area."
19
BUILDING
DEMOLITION
Means the pulling down, tearing down, razing, or removal of a building.
20
BUILDING LINE
Means a line, other than a parcel line, used to regulate the location of a building or structure in
relationship to the abutting street(s).
21
BUILDING HEIGHT
Means the vertical distance of a building measured from the grade to the highest point of the
building (see "Grade"). The highest point of a building shall be determined without considering
an elevator housing, stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a
smoke stack, a firewall, a parapet wall, a flagpole or similar device or feature not structurally
essential to the building.
22
BUNK HOUSE
See "Suite, Guest House."
C
23
CANNABIS
Means the same as defined in the Act to Control and Regulate Cannabis, S.A. 2017, Chapter 21
and any amendments thereto, and included leaves stems, buds, oil and other parts or
derivatives of the cannabis plant.
24
CANNABIS,
ACCESSORY
Means an object that is commonly used in the consumption or production of cannabis. A
cannabis accessory includes, but is not limited to, rolling papers or wraps, holders, pipes, water
pipes, bongs and vaporizers.
25
CANNABIS,
MEDICAL
Means cannabis that is intended for medical purposes in accordance with applicable federal
law.
26
CANNABIS
PRODUCTION AND
DISTRIBUTION
FACILITY
Means a development used principally for one or more of the following activities relating to
cannabis:
a.
the production, cultivation, and growth of cannabis;
b.
the processing of raw materials;
c.
the making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products;
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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d.
the storage or shipping of materials, goods, or products, or;
e.
the distribution and sales of materials, goods, and products to the Alberta Gaming,
Liquor, and Cannabis Commission.
27
CANNABIS RETAIL
SALES
Means a development used for the retail sales of cannabis (or consumable products made with
cannabis) that is authorized by provincial or federal legislation. This use may include retail sales
of cannabis accessories, as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or
replaced. This use does not include cannabis production and distribution facilities.
28
CARRIAGEWAY
Means that portion of the road right-of-way available for vehicular movement. Included are
travelling lanes, medians, parking and other auxiliary lanes. Not included are ditches, sidewalks
and other pedestrian areas.
29
CAVEAT
Means a formal notice expressing an interest in a parcel registered at Land Titles Office against
the title to that parcel.
30
CELLAR
Means a portion of a structure which is mainly underground, and which has less than fifty
percent (50%) of the distance, between the floor level and the underside of the ceiling joists,
above adjacent ground elevation.
31
COMMERCIAL/
INDUSTRIAL USE
Means a business through which products, services, or entertainment are available to
consumers, whether the general public or other commercial establishments. Commercial use
shall include: bus depots, business services, drive-in businesses, funeral homes, retail stores,
greenhouses, medical clinics, hotels, mail and parcel delivery services, office uses, and personal
services. This use does not include: the manufacturing of products, adult uses, cannabis
lounges, cannabis accessory retail sales or cannabis retail sales establishments.
32
COMMISSION
Means the Municipal Planning Commission of the Summer Village of Norglenwold, unless
otherwise noted.
33
CONCEPTUAL
SCHEME
Means a detailed land use plan for a specified area of land which conforms to all statutory plans
and is used to relate a subdivision application to the future subdivision and development of
adjacent areas. A conceptual scheme is adopted by resolution of Council, pursuant to the
Municipal Government Act.
34
CONSTRUCTION
MANAGEMENT
PLAN
Means a plan provided by a development proponent that includes strategies to manage
activities during active and post construction phases of a development. Construction
management plans include strategies to implement low impact development techniques and
best management practices for stormwater management.
35
COUNCIL
Means the Council of the Summer Village of Norglenwold.
36
CREST
Means the break between the slope face and the generally flat area located above the
escarpment. Crest may be determined through a professional Report.
D
37
DATE OF ISSUE
Means the date on which the notice of a decision of the Development Authority is published,
or five days after such a notice is mailed.
38
DAY HOME
Means an accessory use within a dwelling unit used to provide care and supervision, for adults
or children in accordance with the Child Care Licensing Act, S.A. 2007, c. 10.5, as amended, as
well as any other applicable Provincial or Federal legislation.
39
DECK
Means any open structure having a height greater than 0.6 m (2.0 ft.) above grade, thereby
requiring stairs and railings as outlined in regulations approved under the Safety Codes Act,
R.S.A. 2000, c. S-01, as amended. A deck shall not have walls higher than 1.25 m (4.1 ft.) from
the surface of the deck floor, or a roof.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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40
DECIDUOUS
Means trees, shrubs, and other forms of vegetation that seasonally shed leaves, petals, or fruit.
41
DECORATIVE POND
Means a made enclosed body of water for ornamental purposes, which may include vegetation
and fish.
42
DESIGNATED
OFFICER
Means a person authorized by Council to act as a development authority pursuant to Section
624(2) of the Act.
43
DEVELOPER
Means an owner, agent or any person, firm or company required to obtain or having obtained
a development permit.
44
DEVELOPMENT
Means:
a.
An excavation or stockpile and the creation of either of them; or
b.
A building or an addition to, or replacement or repair of a building and the construction
or placing in, on, over and under 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 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 other than residential purposes, alterations or additions
made to a building on the lot or a use of the lot which would increase either the
capacity of the building or the intensity of use of the lot;
g.
the display of advertisements or signs on the exterior of a building or on any land;
h.
the deposit of earth, debris, waste materials, refuse, or any other material on any land,
including land already being used for that purpose, or if the natural topography or
drainage is altered;
i.
any increase in the number of households occupying and living in any building or on
any site, and any construction or alterations or additions which would provide for an
increase in the number of households which could occupy and live in any building or
on any site, including any increase in the number of dwelling units in a building or on
a site;
j.
the placing of refuse or waste material on any land;
k.
the recommencement of the use to which land or a building has been previously put
if that use has been discontinued for a period of more than six months;
l.
the use of land for the storage or repair of motor vehicles or other machinery or
equipment;
m.
the continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw comes into effect;
n.
the demolition or removal of a building;
o.
the placement of an already constructed or a partially constructed building on a parcel
of land;
p.
the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks,
or any other type of portable building whatsoever, whether or not the same has been
placed or affixed to the land in any way;
q.
the removal of topsoil from land;
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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r.
the use of land for storage purposes or for the repair of equipment, vehicles or other
kinds of machinery;
s.
the installation of any type of sewage disposal system including but not limited to
holding tanks; or
t.
the digging of a well or installation of a water cistern.
45
DEVELOPMENT
AUTHORITY
Means the person or persons appointed as the Development Authority pursuant to
Development Authority Bylaw No. 140-95, as amended.
46
DEVELOPMENT
DESIGN PLAN
Means a non-statutory plan prepared by a development proponent in support of a proposal for
development. The purpose of a development design plan is to mitigate negative impacts on
watershed health as required in the Sylvan Lake Intermunicipal Development Plan. A
development design plan includes the following details:
a.
A planting plan including native vegetation;
b. A sediment control plan;
c.
A drainage plan; and
d. Information about site coverage.
A development design plan shall be required at the discretion of the Development Authority,
and will be enforced as a condition of development approval.
47
DEVELOPMENT
OFFICER
Means the person(s) appointed as Development Officer(s) as established by this bylaw.
48
DEVELOPMENT
PERMIT
Means a document authorizing a development issued pursuant to this Land Use Bylaw.
49
DISCRETIONARY
USE
See "Use, Discretionary."
50
DISTRICT (OR LAND
USE DISTRICT)
Means a designated area of the municipality within which certain uniform requirements and
regulations govern the use of land, and the placement, spacing and size of structures.
51
DRAINAGE DITCH
Means a long narrow trench or furrow dug in the ground to accommodate over-land drainage.
52
DRIVEWAY
Means a vehicle access route between the carriageway of a public road and a use on a parcel.
53
DWELLING
Means any building or structure used exclusively for human habitation and which is supported
on a permanent foundation or base.
54
DWELLING,
DUPLEX
Means a dwelling containing two (2) dwelling units which share a common wall, and located
side by side or one above the other.
55
DWELLING,
FOURPLEX
Means a building containing four (4) dwelling units sharing a common wall either vertically, so
dwellings are arranged one above the other, or horizontally, so that dwellings are arranged
front-to-back or side-by-side. A separate, at grade, access is provided to each dwelling unit.
56
DWELLING,
MANUFACTURED
HOME
Means a dwelling which is constructed with a chassis or related assembly that allows for the
permanent or temporary attachment of a hitch and assembly to enable relocation of the
dwelling, and further, which conforms to the Canadian Standards Association A277 and Z-240
Standards (or subsequent CSA Standards). A manufactured home may be a single structure
(commonly known as a "single wide") or two parts which when put together comprises a
complete dwelling (commonly known as a "double wide").
57
DWELLING, ROW
HOUSING
Means a building consisting of at least three (3) dwelling units with each unit having direct
access to the outside grade, but shall not mean apartment.
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58
DWELLING,
SEASONAL
Means a dwelling that lacks one or more of the basic amenities or utilities required for year-
round occupancy or use such as: a permanent heating system, insulation, and/or year-round
usable plumbing.
59
DWELLING, SINGLE
DETACHED
Means a building consisting of one (1) dwelling unit. A single detached dwelling is a dwelling
which is normally constructed on-site. However, a single detached dwelling may be constructed
in pieces offsite, or even in one piece, with the piece(s) being transported to the site for
assembly on-site, and thus may be a modular dwelling.
Single detached dwellings do not include mobile home dwellings.
60
DWELLING UNIT
Means a complete self-contained residence that contains sleeping, cooking and sanitary
facilities intended for domestic use, and is used or intended to be used permanently or semi-
permanently as a residence for a household. A dwelling unit must have a separate private
entrance from the exterior of a building or from a common hall, lobby or stairway inside the
building. A dwelling unit includes suites as defined in this Bylaw.
E
61
EASEMENT
Means a right to use land, generally for access to other property or as a right-of-way for a public
utility.
62
ENVIRONMENTAL
RESERVE
EASEMENT
Means an environmental reserve easement as defined in accordance with the Act.
63
ESCARPMENT
Means an extended linear topographical feature of relatively steep slope and significant change
in elevation, as per the diagrams below.
Where an escarpment line has been previously altered, the top of escarpment shall be
considered from the original escarpment line as determined by an Alberta Land Surveyor.
64
EVAPO-
TRANSPIRATION
Means the process of water moving through a plant's roots to its leaves and stems, where it
evaporates back into the atmosphere.
65
EXCAVATION
Means any breaking of ground, except common household gardening and ground care.
66
EXTERIOR WALL
Means the outermost point of a building projection, including, but not limited to, bay windows,
oval windows, chimneys, veranda or other similar features, but not including roof overhangs
less than 0.6 m (2.0 ft.).
F
67
FAMILY CARE
FACILITY
Means a facility which provides resident service in a dwelling to six (6) or fewer individuals.
These individuals are handicapped, aged, disabled or in need of adult supervision and are
provided service and supervision in accordance with their individual needs. This category
includes boarding homes for children, group homes, and family homes.
68
FENCE
Means a physical barrier constructed from typical building material for the purpose of providing
aesthetic decoration, visual screening, sound abatement, or to prevent unauthorized access.
69
FINISHED GROUND
ELEVATION
Means the elevation of the finished ground at any point adjoining each exterior wall of a
building or structure.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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70
FLOOR AREA
Means for buildings, the total area of the floor(s) in a building measured from the outside of
exterior walls and does not include a basement, cellars, attached garages, carports, or open
porches.
71
FRONTAGE
Means the width of a lot or a site where it abuts a road.
G
72
GARAGE
Means an accessory building or part of the principal building, designed and used primarily for
the storage of non-commercial motor vehicles, recreational vehicles and other chattels.
73
GRADE
Means the ground elevation established for the purpose of determining building height. In
determining grade, the Development Authority shall select from the following methodologies,
whichever one best ensures compatibility with neighbouring developments:
a.
If the applicant can show by reference to reliable surveys that the predevelopment
elevation of the subject parcel varies by no more than 1.0 m (3.3 ft.) in 30 linear
metres, the Development Authority may determine grade by calculating the average
of the highest and lowest elevation on the parcel; or
b. The Development Authority may determine grade by calculating the average of the
pre-development elevations at the corners of the parcel as shown on a reliable survey;
or
c.
The Development Authority may determine grade by calculating the average elevation
of the corners of the principal buildings on all properties abutting the subject parcel;
or
d. the average of the pre-development elevations at the corners of the building as shown
on a survey prepared by an Alberta Land Surveyor.
74
GROSS AREA
Means the area of a development, neighbourhood or planned area, before deductions for
roads, municipal and environmental reserves and public utilities have been made.
75
GROUP HOME
Means a development consisting of the use of a dwelling as a facility which is authorized,
licensed or certified by a public authority to provide room and board for foster children or
disabled persons, or for persons with physical, mental, social or behavioral problems and which
may be for the personal rehabilitation of its residents either through self-help or professional
care, guidance or supervision. The residential character of the development shall be primary
with the occupants living together as a single housekeeping group and using cooking facilities
shared in common. This does not include drug or alcohol addiction treatment centres.
76
GUARD (RAIL)
Refers to a protective barrier or railing typically installed along the edge of a structure, pathway,
road, or elevated area to prevent accidental falls or provide safety.
77
GUEST HOUSE
See "Suite, Guesthouse."
H
78
HARD
LANDSCAPED
AREA
Means the use of non-vegetative material, such as but not limited to monolithic concrete, or
asphalt.
79
HEAVY VEHICLE
Means a heavy vehicle, as per the Summer Village's Traffic Bylaw, Bylaw No. 207-12.
80
HOME
OCCUPATION
Means any occupation, trade, profession, or craft carried on by an occupant of a dwelling which
is clearly secondary to the residential use of the building, and which does not change the
character of or have any exterior evidence of such secondary use other than a sign as allowed
in this Bylaw. For the purposes of this Bylaw, home occupations are divided into two sub-
classifications - major home occupations and minor home occupations - with specific
regulations for each as indicated in this Bylaw.
A minor home occupation must not:
a.
include exterior signage advertising the occupation;
b. generate pedestrian or vehicular traffic or parking and;
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c.
include the employment of persons other than residents of the dwelling.
A major home occupation may include a business which would normally:
a.
includes exterior signage advertising the occupation;
b. generate pedestrian or vehicular traffic or parking; and/or
c.
includes the employment at the dwelling or accessory buildings of no more than two
(2) paid assistants, other than residents of the dwelling.
I
81
INCLUSIONARY
HOUSING
Means the provision of dwelling units or land, or money in place of dwelling units or land, for
the purpose of community housing, as defined in the Act.
82
INDUSTRIAL HEMP
Means a cannabis plant - or any part of that plant - in which the concentration of THC is zero
point three percent (0.3%) w/w or less in the flowering heads and leaves, as defined in the
Industrial Hemp Regulations, SOR/2018-145, as amended or replaced.
83
INDUSTRIAL HEMP
PRODUCTION
FACILITY
Means the use of land, buildings, or structures licensed and/or authorized to possess, sell,
provide, ship, deliver, transport, destroy, produce, export and/or import industrial hemp,
including related research, under the Industrial Hemp Regulations, SOR/2018-145, as amended,
or replaced. This does not include cannabis retail sales or cannabis production and distribution
facility, or the outdoor cultivation of industrial hemp.
84
INSTITUTIONAL USE
Means a development of governmental, religious, social, health care, or cultural facilities
serving the municipality, area, or region.
J, K
85
KITCHEN
Means an area in a principal dwelling or suite that contains counters, cabinets, plumbing,
appliances or wiring which taken together, is used for the preparation, storage, and/or cooking
of food.
L
86
LAND USE BYLAW
Means the Summer Village of Norglenwold Land Use Bylaw (Bylaw #267-22) as amended.
87
LAND USE DISTRICT
Means an area as described in Section 10 - Land Use Districts, and illustrated in Section 15 -
Land Use District Map.
88
LANDSCAPING
Means to preserve or change the natural features of a parcel by adding lawns, trees, shrubs,
ornamental plantings, fences, walks, or other structures and materials used in modern
landscape architecture, but does not include stockpiling and excavation.
89
LANE
Means a narrow roadway intended chiefly to give access to the rear of buildings and parcels of
land, also known as an alley as defined by the Traffic Safety Act, R.S.A. 2000, c. T-6, as amended.
90
LOT
Means:
a.
a quarter section;
b.
a river lot or a lake lot shown on an official plan referred to in the Surveys Act that is
filed or lodged in a Alberta Land Titles office;
c.
a settlement lot shown on an official plan referred to in the Surveys Act that is filed or
lodged in an Alberta Land Titles office;
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d.
a part of a parcel of land described in a Certificate of Title if the boundaries of the part
are described in the Certificate of Title other than by reference to a legal subdivision;
or
e.
a part of a parcel of
land described in a
Certificate of Title if
the boundaries of the
part are described in
the Certificate of Title
by reference to a plan
of subdivision.
91
LOT, CORNER
Means a lot having frontage on two (2) or more rights-of-way, other than lands, or in the case
of a bareland condominium, a unit as described in the Condominium Property Act, R.S.A. 2000,
c. C-22, as amended, having two (2) contiguous property lines abutting common property used
as road access. For the purposes of this definition, a road shall not include an alley or lane.
92
LOT, DOUBLE
FRONTING
Means a lot which abuts two (2) roads (except alleys or lanes as defined in the Traffic Safety
Act, R.S.A. 2000, c. T-06, as amended) which are parallel or nearly parallel where abutting the
lot, but does not include a corner lot.
93
LOT, INTERIOR
Means a lot that abuts a road only on the front line.
94
LOT, LAKEFRONT
Means a lot
adjacent to a
waterbody
or, or that
would
be
adjacent to a
waterbody if
not
for
a
reserve lot.
95
LOT AREA
Means the area of a lot as shown on a plan of subdivision or described in a certified copy of a
Certificate of Title. Lot area includes any area dedicated to an easement or a right-of-way.
96
LOT COVERAGE
See "Site Coverage."
97
LOT DEPTH
Means the average horizontal distance between the front lot line and the rear lot line.
98
LOT LINE
Means the legally defined limit of any lot.
99
LOT LINE, FRONT
Means the boundary line of a lot lying adjacent to a highway or road, except for lakefront lots,
then the front lot line shall be considered the boundary line adjacent to the lake. In the case of
a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be
considered the front line.
100
LOT LINE, REAR
Means the boundary line of a lot lying opposite to and farthest from the front line of the lot.
For lakefront lots, the rear lot line is the lot line farthest from the lake.
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101
LOT LINE, SIDE
Means the boundary line of a lot lying between a front line and a rear line of a lot. In the case
of a corner lot, the longer of the two boundary lines adjacent to the highway or road shall be
considered a side lot line.
102
LOT,
UNDEVELOPED
Means a lot that does not contain a developed residence, building or structure. May also be
referred to as a 'vacant lot.'
103
LOT WIDTH
Means the length of a line parallel to the front line or, in a lot with a curved front line,
perpendicular to a line running between the mid-point of the front line and the mid-point of
the rear line, measured at a distance from the front line equal to the minimum required front
yard.
M
104
MANUFACTURED
DWELLING UNIT
See "Dwelling, Manufactured Home."
105
MECHANIZED
EXCAVATION,
STRIPPING, AND
GRADING
Means the use of motorized equipment to remove, relocate or stockpile soil or vegetation in
excess of normal landscape maintenance requirements.
106
MUNICIPALITY
Means the Summer Village of Norglenwold, unless otherwise noted.
107
MUNICIPAL
GOVERNMENT ACT
Means the Municipal Government Act, R.S.A 2000, c. M-26 as amended together with all
regulations passed thereunder, and may be referenced in this Land Use Bylaw as the Act.
108
MUNICIPAL
PLANNING
COMMISSION
Means a commission established by the Municipal Planning Commission Bylaw No. 206-12, as
amended.
N
109
NATURAL AREA
Means an area that is to be preserved because: it is unsuitable in its natural state for
development and/or areas that are desirable to be kept in their natural state.
110
NO MOW ZONE
Means a buffer strip of vegetation that includes native plantings that let aquatic vegetation
grow to maintain a stable natural state, a no mow zone allows native plants to seed and
reestablish and is to not be maintained. Native plantings to be selected from the Summer
Village native plantings list that can be obtained at the administration office.
111
NON-CONFORMING
BUILDING
Means a building:
a.
That is lawfully constructed or lawfully under construction at the date this 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 this Land Use Bylaw or any amendment thereof becomes effective
does not, or when constructed will not, comply with the Land Use Bylaw.
112
NON-CONFORMING
USE
Means a lawful specific use:
a.
Being made of land or a building or intended to be made of a building lawfully under
construction at the date that this Land Use Bylaw affecting the land or building
becomes effective; and
b.
That on the date the Land Use Bylaw becomes effective does not, or in the case of a
building under construction will not, comply with the Land Use Bylaw.
113
NON-PERMEABLE
SURFACE
Means any man-made surface that does not allow the absorption of water into the ground at
a pre-development rate. A non-permeable surface consists of materials such as roofing
materials, concrete, asphalt, unit pavers, and compacted gravel.
114
NUISANCE
Means any act or deed, or omission, or thing, which is or could reasonably be expected to be
annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious to another
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person and/or their property, or anything troublesome or bothersome to other people for
which complaints are received either by the Municipality's office or the Royal Canadian
Mounted Police, whether or not such act or deed or omission or thing constitutes nuisance at
common law.
O
115
OBNOXIOUS
Means (when used with reference to a development) a use which by its nature, or from the
manner of carrying on the same, may, in the opinion of the Development Authority, create
noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter,
radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of goods,
materials, salvage, junk, waste or other materials, a condition which, in the opinion of the
Development Authority, may be or may become a nuisance, or which adversely affects the
amenities of the neighbourhood, or which may interfere with the normal enjoyment of any
land or building.
116
OCCUPANCY
Means the use or intended use of a building or part thereof for the shelter or support of
persons or property.
117
OCCUPANT
Means any person occupying or having control over the condition of any property and the
Activities conducted on the property, and includes the owner, lessee, tenant or agent of the
owner.
118
OFFENSIVE
Means when used with reference to a development, a use which by its nature, or from the
manner of carrying on the same, creates or is liable to create by reason of noise, vibration,
smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or
explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk,
waste or other materials, a condition which, in the opinion of the Development Authority, may
be or may become hazardous or injurious to health or safety, or which adversely affects the
amenities of the neighbourhood, or interferes with or may interfere with the normal
enjoyment of any land or building. For the purposes of this bylaw obnoxious shall not include
activities associated with agricultural operations provided that they do not contravene
generally accepted agricultural practices as defined in the Agricultural Operations and Practices
Act R.S.A. 2000, c. A-07, as amended.
119
ORDER
Means a notice requiring compliance issued in writing by the Development Authority.
120
OUTDOOR STORAGE
AND DISPLAY
Means the storage or display of equipment, goods, or materials in the open air on a permanent
or continuous basis.
121
OWNER
Means:
a.
in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land, or
b.
in the case of any other land, the person shown as the owner of land on the
municipality's assessment role prepared under the Act.
P
122
PARCEL
Means the aggregate of one or more area of land described in a certificate of title by reference
to a plan filed or registered in an Alberta Land Titles Office.
123
PARCEL, INTERIOR
Means a parcel abutting only one street other than a lane.
124
PARCEL WIDTH
Means the greater of either the width of the site at the building line or the front boundary of
the parcel.
125
PARKING AREA
Means the area set aside for the storage and/or parking of vehicles and include parking stalls,
loading spaces, aisles, entrances and exits to the parking area, and traffic islands where they
are part of the parking area. A parking area may be within a building.
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126
PARK MODEL
Mean:
a.
(Park Model Trailer) a unit designed to be towed by a heavy-duty tow vehicle (auto,
van, pick-up truck, etc.) but is of restricted size and weight so that it does not require
a special highway movement permit. The maximum width when being towed is 2.6 m
(8.5 ft.). These units are designed for infrequent towing, and are not normally fitted
with a 12-volt system for fixtures and appliances. Once on site in the set-up mode it
normally must be connected to the local utilities. This style is normally built on a single
chassis mounted on wheels. It usually has one or more slide-outs, but when in set-up
mode the gross trailer area normally does not exceed 37.2 m2 (400.0 ft.²). It conforms
to the CSA Z-240 Standard for recreational vehicles.
b.
(Park Model Recreational Unit) a unit built on a single chassis mounted on wheels,
which may be removed and returned to the factory. The unit is designed to facilitate
occasional relocation, with living quarters for a temporary residence or seasonal use,
and normally must be connected to those utilities necessary for the operation of
installed fixtures and appliances. It normally has a floor area, including lofts, not
exceeding 50.0 m2 (540.0 ft.2) in the set-up mode and has a width greater than 2.6 m
(8.5 ft.) in the transit mode. Park Model recreational units almost always require a
special tow vehicle and a special permit to move on the road as the width of the unit
is greater than 2.6 m (8.5 ft.). It conforms to the CSA Z-241 Standard for recreational
vehicles.
For the purposes of this Bylaw, park models are not allowed in any District within this Land Use
Bylaw unless specifically identified as a permitted or discretionary use in the Residential
District, and approved by the Development Authority within an approved development permit.
127
PATIO
Means any developed surface adjacent to a building on a site which is less than 0.6 m (2.0 ft.)
above ground level.
128
PERGOLA
Means a structure usually consisting of parallel colonnades supporting an open roof of girders
and cross rafters.
129
PERMITTED USE
See "Use, Permitted."
130
PRE-DEVELOPMENT
Means immediately prior to development.
131
PRIVATE
DEVELOPMENT
Means any development carried out by an individual.
132
PRIVATE POOL
Means any outdoor private swimming pool or hot tub, whether above or below the ground,
containing water for the purpose of swimming, wading or immersion of human beings.
133
PRINCIPAL
BUILDING
Means a building which, in the opinion of the Development Authority:
a.
occupies the major or central portion of a parcel; or
b. is the chief or principal building among one or more buildings on the parcel.
134
PRINCIPAL USE
Means the primary purpose, in the opinion of the Development Authority, for which a building
or parcel is used.
135
PROJECTION
Means part of a building or its accessory structures which projects beyond the main walls into
the yards.
136
PUBLIC AND QUASI-
PUBLIC USE
Means a use of land or a building for purposes of public administration and service and shall
also include a building for the purpose of assembly, instruction, culture, recreation or other
community activity.
137
PUBLIC PARK
Means a development designed or reserved for active or passive recreational use, including all
natural and man-made open space and landscaping, facilities, playing fields, and buildings that
are consistent with the general purposes of recreation, whether or not such recreational
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facilities are publicly operated or operated by other organizations pursuant to arrangements
with the public authority owning the public park. Public parks include tot lots, band shells,
picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features,
baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields.
138
PUBLIC UTILITY
Means a public utility as defined in the Act.
139
PUBLIC UTILITY
BUILDING
Means a building in which the proprietor of a public utility, as defined in the Act, maintains its
office or offices and/or maintains or stores any equipment used in connection with the public
utility.
Q, R
140
REAL PROPERTY
REPORT
Means a codified standard report adopted by the Alberta Land Surveyor's Association which
contains pertinent information on a parcel and the development which exists on the property.
141
REAR LOT LINE
"See Lot Line, Rear."
142
REAR YARD
"See Yard, Rear."
143
RECREATIONAL
FACILITY
Means a public building and grounds for community entertainment, relaxation, social activity
and other leisure needs.
144
RECREATIONAL USE
Means a recreational development conducted on a unified basis on a single site where the
prime reason for location may be to take advantage of natural features. A recreational use may
include the provision of day to day sporting and athletic facilities and the structures incidental
thereto. A recreational use does not include: extensive recreation, or a campground, a
recreational vehicle park or a recreation camp.
145
RECREATIONAL
VEHICLE
Means a vehicle or a portable structure designed to be used as temporary sleeping
accommodation for travel and recreation purposes. Recreational vehicles include, but are not
limited to, motor homes, campers, holiday trailers, fifth wheels and park model recreation
vehicles. Recreational vehicles do not include manufactured home dwellings or stick built units.
146
REGISTERED
OWNER
Means:
a.
In the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land; or
b.
In the case of any other land:
i.
The purchaser of the fee simple estate in the land under an agreement for
sale that is the subject of a caveat registered against the certificate of title in
the land and any assignee of the purchaser's interest that is the subject of a
caveat registered against the certificate of title; or
ii.
In the absence of a person described in paragraph (i), the person registered
under the Land Titles Act as the owner of the fee simple estate in the land.
147
RELOCATED
BUILDING
Means a building that was constructed off-site in one (1) piece or in pieces and relocated to
another site but does not include manufactured home dwellings.
148
REMAINDER
Means a portion of a lot for which subdivision approval is not requested or granted but which
results from the approval of lots shown on a plan of subdivision.
149
REMOVAL OF TREES
AND/OR SHRUBS
Means the removal of trees and/or shrubs, or the destruction thereof.
150
RENOVATION
Means an addition to, deletion from, or change to any building which does not require a permit
other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act.
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151
RESERVE
Means a parcel of land owned and subject to the management of the municipality and reserved
for use as natural areas, walkways or parks and playgrounds separating areas used for different
purposes, and registered at an Alberta Land Titles Office as reserve, environmental reserve, or
municipal reserve parcels.
152
RESERVE,
COMMUNITY
SERVICES
Means land designated Community Services Reserve (CSR) that may be used for community
services (e.g. library, fire station, etc.), pursuant to the Act.
153
RESERVE,
CONSERVATION
Means land designated Conservation Reserve (CR) that could not be required to be provided
as environmental reserve, but which has environmentally significant features and which the
municipality wishes to protect and conserve, pursuant to the Act.
154
RESERVE,
ENVIRONMENTAL
Means land designated Environmental Reserve (ER) pursuant to the Act, when a subdivision
occurs in an area where some of the land is undevelopable due to environmental factors.
155
RESERVE,
MUNICIPAL
Means land owned by the Summer Village and designated as Municipal Reserve (MR) as
defined under the Act. Municipal Reserve land does not include Environmental Reserve (ER) or
School Reserve (SR) as defined in the Act.
156
RESERVE,
MUNICIPAL AND
SCHOOL
Means land designated Municipal and School Reserve (MSR) that may be used for municipal
and school purposes, pursuant to the Act.
157
RESERVE, SCHOOL
Means land designated School Reserve (SR) that may be used for school purposes, pursuant to
the Act.
158
RESIDENTIAL USE
Means the occupation and use of land and buildings as dwellings, whether on a seasonal or
year-round basis.
159
ROAD OR
ROADWAY
Means land:
a.
Shown as a road on a plan of survey that has been filed or registered in an Alberta
Land Titles Office; or
b.
Used as a public road; and includes a bridge forming part of a public road and any
structure incidental to a public road.
S
160
SAFETY CODES ACT
Means the Safety Codes Act, RSA 2000 c. S-1, as amended, and includes the regulations enacted
and codes adopted thereunder from time to time.
161
SEA CAN
(OR SHIPPING
CONTAINER)
Means a container, originally used or
intended to be used for the transportation
of goods, not used as a moveable storage
unit.
162
SCREEN, SCREENED,
OR SCREENING
Means a fence, berm, hedge, wall or building used to separate areas or functions which detract
from the appearance of the street scene and the view from the surrounding areas.
163
SEDIMENT
CONTROL
MEASURES
Means practices that stabilize erodible or sediment-producing areas through the use of grass,
vegetation, sediment control traps, filters, barriers, swales, berms, and other measures that
control the deposit of soil and earth materials. Sediment control measures may be identified
in a Development Design Plan as methods of controlling sediment during active and post
construction phases of development.
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164
SETBACK
Means a distance additional to minimum yard requirements which may be required on parcels
adjacent to the roads.
165
SIGHT TRIANGLE
Means an area at the intersection of roads in which all buildings, fences, vegetation and
finished ground elevations shall be less than 1.0 m (3.3 ft.) in height above the average
elevation of the carriageway, in order that vehicle operators may see approaching vehicles in
time to avoid collision.
166
SIGN
Means any word, letter, model, placard, board, notice, device or representation, whether
illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction and its supporting structure.
167
SIGN, A-FRAME
Means a type of sign commonly referred to as "sandwich boards", composed of two (2) hinged
or otherwise joined boards which leans on the ground.
168
SIGN, CANOPY
Means a sign which is part of, or attached to, the outside edge of a canopy but which does not
extend below the bottom edge or surface of the canopy.
169
SIGN, FASCIA
Means a sign attached to, marked or inscribed on and parallel to the face of a building wall but
does not include a billboard.
170
SIGN,
FREESTANDING
Means a sign that is supported independently of a building wall or structure but does not
include a portable sign.
171
SIGN, PORTABLE
Means a sign which is not in a permanently installed or affixed position.
172
SIGN AREA
Means the total surface area within the outer edge of a sign, and, in the case of a sign
comprised of individual letters, numerals, or symbols, shall be the area of a rectangle enclosing
the letters, numerals, or symbols. Frames and structural members not bearing advertising
matter shall not be included in the computation of the area of a sign.
173
SITE
Means a lot or parcel on which a development exists or for which an application for a
development permit is made.
174
SITE COVERAGE
Means the total percentage of the parcel area covered by buildings or structures, including but
not limited to the main building and any additions to it (e.g. covered decks), non-permeable
synthetic turf, patios, parking facilities, non-permeable surfaced driveways, outdoor storage
and display, and all other impervious surfaces but does not include steps, eaves, or similar
projections permitted in this Land Use Bylaw.
175
SOLAR ARRAY
Means multiple solar panels used in conjunction to produce electricity.
176
SOLAR ENERGY
CONVERSION
SYSTEM
Means the complete system required to convert solar rays into useable electricity for private
use, including solar panels, mounting equipment and additional required conversion
electronics.
177
SOLAR PANEL,
FREESTANDING
Means a device which is used to convert energy contained within the sun's rays into electricity,
which is not mounted or attached to any other structure for support.
178
STREET
Means any category of road except a lane.
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179
STRUCTURAL
ALTERATION
Means the addition to, deletion from, or change to any building which requires a permit other
than a plumbing, gas or an electrical permit pursuant to the Safety Codes Act, R.S.A. 2000, c. S-
01, as amended.
180
SUBDIVISION AND
DEVELOPMENT
BOARD
Means the Subdivision and Development Appeal Board appointed by Council.
181
SUBSTANDARD LOT
Means a lot created by legal subdivision prior to this bylaw coming into effect which is
smaller, in area or in any dimension, than the minimum permitted lot size or dimension
stipulated in the regulations of the District in which the lot is located.
182
SUITE, GARAGE
See "Suite, Guest House."
183
SUITE, GUEST
HOUSE
Means an accessory building (or portion
of an accessory building) containing a
bathroom and sleeping facilities for
temporary usage only, and shall not
have a kitchen or other cooking facilities.
A guest house provides additional
accommodation for a single-detached
dwelling located on the same parcel, is
not available for rent by a third party, and does not include recreational vehicles and/or sea
cans.
184
SUITE, SECONDARY
Means a self-contained dwelling unit
located within a single detached
dwelling, and may include cooking,
sleeping, and sanitary facilities.
185
SUITE, SECURITY
Means a self-contained dwelling unit, either detached or within a building, used to provide
accommodation for security personnel in commercial or industrial development.
186
SYNTHETIC TURF
Means a surface of synthetic fibers made to look like natural grass.
T
187
TEMPORARY USE
OR BUILDING
Means a use or development for which a development permit has been issued and which is to
exist for a timeframe of up to (but not exceeding) two years, at determined by the
Development Authority.
188
TOP OF BANK
Means the upper valley break line or the line defining the uppermost or most obvious
topographical discontinuity in slope distinguishing between the upper plateau and the valley
wall. The "top of bank" is a natural boundary formed by the action of water for a long enough
time to leave its signature on the ground. Unless coincidental, it is not a historic high water
mark, a flood line, or the current waterline. An Alberta Land Surveyor may be required to define
the top of bank.
189
TOURIST HOME
Means a dwelling unit operated as a temporary place to stay, with compensation, and includes
all vacation rentals of a dwelling unit. The characteristics distinguish a tourist home from a
dwelling unit used as a residence may include any of the following:
a.
The intent of the occupant to stay for short-term (30 days or less) vacation purposes
rather than use the property as a residence;
b.
The commercial nature of a tourist home;
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c.
The management or advertising of the dwelling unit as a tourist home or "vacation
rental," on any website such as Airbnb or VRBO; and/or
d.
The use of a system of reservations, deposits, confirmations, credit cards, or other
forms of electronic payments, etc.
No recreational vehicle, dwelling unit or guest house suite shall be used as a tourist home.
190
TRAIL
Means an area used for hiking, cross-country skiing or other forms of non- motorized
recreational travel.
U
191
USE
Means the purpose or activity for which a site, a parcel of land, or a lot and any buildings
located on it are designed, arranged, developed, or intended, or for which it is occupied or
maintained.
192
USE,
DISCRETIONARY
Means a use which may be compatible with other uses in the district, for which a Development
Permit may be issued upon an application having been made.
193
USE,
PERMITTED
Means a use which is compatible with other uses in the district and for which a Development
Permit shall be issued provided it otherwise conforms to this Land Use Bylaw.
194
UTILITY BUILDING
Means the building in which the proprietor of a utility:
a.
Maintains its office(s), and/or
b.
Maintains or houses equipment used in connection with the utility and which is not a
public utility right-of-way.
V
195
VACATION RENTAL
Means the licensed use of any type of residential dwelling unit or suite as temporary lodging
(less than 30 days at any one time) for paying guests.
W
196
WALKWAY
Means a public right-of-way for use by pedestrians only, which is registered at the Alberta Land
Titles Office as a walkway or a reserve.
197
WALKING TRAIL
Means an unregistered hard or granular surfaced pathway used primarily for leisure and active
transportation purposes like walking and bicycling.
Note: Added to differentiate from walkway (no right-of-way).
198
WASTEWATER
COLLECTION
SYSTEM
Means a privately or publicly owned system for treating sewage effluent, recognized by the
appropriate regulatory agency, consisting of either a municipal or an on-site on-parcel sewage
collection system.
199
WIND ENERGY
CONVERSION
SYSTEM, LARGE
Means one or more buildings designed to convert wind energy into mechanical or electrical
energy, including a wind energy conversion system (WECS) consisting of a wind turbine, a
tower and associated control or conversion electronics, which has a rated capacity of more
than 300 kW.
200
WIND ENERGY
CONVERSION
SYSTEM, MICRO
Means a system of one or more buildings designed to convert wind energy into mechanical or
electrical energy which has a rated capacity of less than 0.5 kW. Micro wind energy conversion
systems are small in height and diameter and may be installed on the roof of a building.
201
WIND ENERGY
CONVERSION
SYSTEM, SMALL
Means a system of one or more buildings designed to convert wind energy into mechanical or
electrical energy which has a rated capacity of not more than 300 kW and which is intended to
provide electrical power for use on-site (either behind the meter or off-grid) and is not
intended or used to produce power for resale.
202
WOODSHED
Means a structure for the storage of firewood. A woodshed may have a hard or soft surface
roof/cover, and shall include a maximum of three walled sides. A woodshed has a maximum
floor area of 7.0 m2 (75.0 ft.2).
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X, Y, Z
203
YARD
Means an open space on the same site as a building and which is unoccupied and unobstructed
from the ground upward except as otherwise provided herein.
204
YARD, FLANKAGE
Means the side yard which abuts a street on a corner parcel.
205
YARD, FRONT
Means:
a.
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting the lake, a yard
extending across the full width of a parcel measured perpendicularly from the
boundary of the parcel abutting the lake to the front wall of the principal building,
situated on the parcel; or
b.
In the case of parcels not abutting Sylvan Lake or a reserve parcel abutting the lake, a
yard extending across the full width of a parcel measured perpendicularly from the
front boundary of the parcel to the front wall of the principal building situated on the
parcel.
206
YARD, REAR
Means:
a.
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting the lake, a yard
extending across the full width of a parcel measured perpendicularly from the rear
wall of the principal building situated on the parcel to the boundary abutting the
street; or
b.
In the case of parcels not abutting Sylvan Lake or a reserve parcel abutting the lake, a
yard extending across the full width of a parcel measured perpendicularly from the
rear wall of the principal building situated on the parcel to the rear property boundary
of the parcel.
207
YARD, SIDE
Means a yard extending from the front yard to the rear yard between the side boundary of the
parcel and the wall of principal building thereon.
All other words and expressions have the meaning respectively assigned to them in the Act, other Acts of the Province of Alberta,
or common law.
1.5 ESTABLISHMENT OF FORMS
1. For the purpose of administering the provisions of this Land Use Bylaw, the Council shall, by resolution, authorize the preparation
and the use of such forms and notices as it may deem necessary.
2. Any such forms or notices are deemed to have the full force and effect of this Land Use Bylaw in the execution of the purpose for
which they were designed, authorized and issued.
1.6 ESTABLISHMENT OF FEES
1. Development Permit application fees and fees for other matters arising through this Land Use Bylaw will be established by Council
in the Summer Village of Norglenwold Fees Bylaw. Council may amend the bylaw to increase, decrease, or establish new fees by an
amendment bylaw.
1.7 SEVERABILITY
1. If one or more provisions of this Land Use Bylaw for any reason are declared to be invalid by a court of competent jurisdiction, that
decision will not affect the validity of the remaining parts of this Bylaw.
1.8 REPEAL
1. Land Use Bylaw 208/13 and all amendments thereto are hereby repealed.
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AGENCIES
2.1 DEVELOPMENT AUTHORITY
1. The Development Authority is established by the Summer Village's Development Authority Bylaw.
2. The Development Authority shall be appointed by resolution of Council.
3. The Development Authority shall be:
a.
the Municipal Planning Commission of the Summer Village; and the
b.
the Development Officer of the Summer Village.
4. If the decision on a development permit application is to be made by the Municipal Planning Commission, the term Development
Authority, when used in this Bylaw, shall be the Municipal Planning Commission.
5. If the decision on a development permit application is to be made by the Development Officer, the term Development Authority,
when used in this Bylaw, shall be the Development Officer.
2.2 DEVELOPMENT OFFICER
1. Council shall appoint one or more Development Officer(s) who shall be designated officers within the meaning of the Act.
2. The Development Officer shall perform such duties that are specified in this Land Use Bylaw, including among other things:
a.
Keeping and maintaining for the inspection of the public during all reasonable hours, a copy of this Land Use Bylaw and
all amendments thereto; and
b.
Keeping a register of all applications for development, including the decisions thereon and the reasons therefore. This
information will be released to the public upon request in accordance with the Freedom of Information and Protection of
Privacy Act.
3. The Municipal Planning Commission may act in place of a Development Officer.
2.3 MUNICIPAL PLANNING COMMISSION
1. The Municipal Planning Commission:
a.
Is authorized to act as the Development Authority in those matters prescribed in this Bylaw and the Municipal Planning
Commission Bylaw No. 206-12, as amended;
b.
Shall consider and if necessary state terms and conditions on any other planning or development matter referred by the
Development Officer or Administration;
c.
May direct the Development Officer or Administration to review, research or make recommendations on any other
planning and development matter; and
d.
Make recommendations to Council on planning and development matters.
2.4 SUBDIVISION AUTHORITY
1. The Subdivision Authority of the Summer Village shall be as established by the municipality's Subdivision Authority Bylaw to act on
behalf of Council in those matters delegated to it by this Bylaw and the Subdivision Authority Bylaw.
2. The Subdivision Authority shall be appointed by resolution of Council.
2.5 COUNCIL
1. Council shall be authorized to decide upon all development permit applications within a Direct Control District and to issue such
decisions that it sees fit.
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AMENDMENTS TO THE LAND USE BYLAW
3.1 AMENDMENTS
1. Subject to the Act, any Section of this Bylaw may be amended in accordance with this Bylaw.
2. Council may at any time initiate an amendment to this Bylaw by directing the Development Officer to initiate an amendment.
1. A person may make application to the Development Officer for amendment to this Land Use Bylaw.
2. All applications for amendment to this bylaw shall be accompanied by the following:
a.
A statement of the specific amendment requested;
b.
The purpose and reasons for the application;
c.
If the application is for a change of district:
i. the legal description of the lands;
ii. a plan showing the location and dimensions of the lands; and
iii. a copy of the Certificate of Title for the land affected or other documents satisfactory to the Development
Authority indicating the applicant's interest in the said land that is dated within thirty (30) days of application;
d.
The applicant's interest in the lands; and
e.
An application fee to be established by resolution of Council.
3. If the amendment is for the redistricting of land, the Development Officer may require:
a.
A conceptual scheme (or area structure plan) for the area to redistricted, to the level of detail specified by the
Development Officer that provides Council with information to determine:
i. If the site is suitable for the intended use;
ii. If the site can be reasonably and cost effectively services; and
iii. that the proposed amendment will not unduly impact the rights of adjacent landowners to use and enjoy their
property; and
b.
Payment of a fee equal to the costs incurred by the municipality to review the proposed redesignation and/or related
conceptual scheme, or if necessary to prepare a conceptual scheme; and
c.
Technical studies requested by the Development Officer to assess site suitability and servicing requirements.
4. Upon receipt of an application to amend this Land Use Bylaw, the Development Officer shall analyze the potential impacts of
development that would result from the proposed amendment. This analysis must consider the full development potential for the
proposed amendment and shall, among other things, consider the following impact criteria:
a.
Relationship to and compliance with approved statutory plans and Council policies;
b.
Relationship to and compliance with approved statutory plans, conceptual schemes, or plans in preparation;
c.
Relationship to and compatibility with the Sylvan Lake Intermunicipal Development Plan;
d.
Compatibility with surrounding development in terms of land use function and scale of development;
e.
Traffic impacts;
f.
Relationship to, or impacts on, water and sewage systems, and other public utilities and facilities such as recreation
facilities and schools;
g.
Relationship to municipal land, right-of-way, or easement requirements;
h.
Effect on stability, retention and rehabilitation of desirable existing land uses, buildings, or both in the area;
i.
Necessity and appropriateness of the proposed amendment in view of the stated intentions of the applicant; and
j.
Relationship to the documented concerns and opinions of area residents regarding development implications.
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5. Upon receipt of an application to amend the Land Use Bylaw, the Development Officer shall:
a.
prepare a report with recommendations on the proposed amendment for Council and an amending Bylaw for
consideration of first reading by Council;
b.
mail notify or deliver in person a written notice to landowners who are adjacent to the parcel of land affected by the
proposed amendment or to a larger area as directed by Council;
c.
provide notice of the Public Hearing to the applicant, the owner of the subject land if different than the applicant, to all
directly adjacent property owners, and any other individuals or organizations identified by Council;
d.
prepare a report and recommendation, including maps and other material, on the application, prior to a Public Hearing
on the application for amendment; and
e.
inform the applicant of the recommendation to Council.
6. Council, in considering an application for an amendment to this Land Use Bylaw, may at its sole discretion:
a.
Refuse the application; or
b.
Refer the application for further information; or
c.
Pass first reading to a bylaw to amend this Land Use Bylaw, with or without amendments; or
d.
Defeat first reading of a bylaw to amend this Land Use Bylaw; or
e.
Pass first reading of an alternative amendment to this Land Use Bylaw.
7. Following first reading of an amending bylaw, Council shall establish the date, time and place for a public hearing on the proposed
bylaw.
8. If a bylaw to establish procedures for public hearings has not been passed, the Summer Village shall:
a.
Outline the procedures to be followed by any person, group of persons or person representing them who wish to be
heard at the public hearing; and
b.
Outline the procedure for conducting the public hearing.
9. Following first reading of an amending bylaw, the Development Officer must give notice of the public hearing by:
a.
Publishing notice at least once a week for two (2) consecutive weeks in at least one (1) newspaper or other publication
circulating in the area to which the proposed bylaw relates; or
b.
Mailing or delivering notice to every residence in the Summer Village.
10. A notice of a public hearing must be advertised at least five (5) days before the public hearing occurs.
11. A notice must contain:
a.
A statement of the general purpose of the proposed bylaw and public hearing;
b.
The address where a copy of the proposed bylaw and any document relating to it or the public hearing may be inspected;
and
c.
The date, place and time where the public hearing will be held.
12. In the case of an amendment to change the district designation of a parcel of land, the Development Officer must, in addition to
the requirements of Section 3.1.11::
a.
Include in the notice:
i. The municipal address, if any, and the legal address of the parcel of land; and
ii. A map showing the location of the parcel of land;
b.
Give written notice containing the information described in Section 3.1.12 to the owner of that parcel of land at the name
and address shown on the certificate of title (or tax roll); and
c.
Give written notice containing the information described in Section 3.1.12 to each owner of adjacent land at the name
and address shown for each owner on the tax roll of the municipality.
13. If the land referred to in Section 3.1.13.c is in an adjacent municipality, the written notice must be given to that municipality and to
each owner of adjacent land at the name and address shown for each owner on the tax roll of that municipality.
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14. Notwithstanding Sections 3.1.7 to 3.1.9, the Land Use Bylaw may be amended without giving notice or holding a public hearing if
the amendment corrects clerical, technical, grammatical, or typographical errors and does not materially affect the Land Use Bylaw
in principle or substance.
15. In the public hearing, Council:
a.
Must hear any person, group of persons, or person representing them, who claim(s) to be affected by the proposed bylaw
and who has complied with the procedures outlined by Council; and
b.
May hear any other person who wishes to make representations and whom the Council agrees to hear.
16. After considering the representations made to it about the proposed bylaw at the public hearing and after considering any other
matter it considers appropriate, Council may:
a.
Pass the bylaw;
b.
Defer it for further information or comment;
c.
Make any amendment to the bylaw it considers necessary and proceed to pass it without further advertisement or
hearing; or
d.
Defeat the bylaw.
17. Prior to third reading of the proposed bylaw, Council may require the applicant to apply for a Development Permit and negotiate a
development agreement in respect of the proposal which initiated the application for amendment.
18. After third reading of the proposed bylaw, the Development Officer shall send a copy of it to:
a.
The applicant;
b.
The registered owner of the land if not the applicant;
c.
The municipality Planner; and
d.
The adjacent municipality, if it received a copy of the proposed bylaw pursuant to Section 3.1.13.
19. The Development Officer shall not accept an application for an amendment which is identical or similar to an application which was
refused by Council, for a period of six (6) months after the date of the refusal unless, in the opinion of the Development Officer, the
reasons for refusal have been adequately addressed or the circumstances of the application have changed significantly.
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PERMITS, PROCEDURES, AND CONTRAVENTIONS
4.1 CONTROL OF DEVELOPMENT
1. Development Permits are required to ensure that all development is achieved in an orderly manner.
2. No development other than that designated in Section 4.2 shall be undertaken within the Summer Village unless an application for
it has been approved and a development permit has been issued.
3. In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and obtain other required
provincial and federal approvals, permits and/or licenses.
4. Further, in addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure that their
development is consistent with the conditions of any registered easements or covenants which affect the subject site.
5. Notwithstanding Section 4.1.2 above, where a variance to any regulation in this Bylaw is required for any development listed in
Section 4.2, a development permit shall be required.
4.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
1. The following development shall not require a development permit provided that the development otherwise complies with all
other regulations of this Bylaw:
a.
The carrying out of works of improvement, maintenance, repairs or renovation to any, but not limited to, building, deck,
and/or driveway provided that such works do not include structural alterations, additions, or drainage alterations and
that the works comply with the regulations of this Land Use Bylaw.
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 it is completed within twelve (12) months of the date of notification of the permit;
c.
The use of any such development as is referred to in Section 4.2.1.b for the purpose for which development was
commenced;
d.
The erection or construction of gates, fences, walls or other means of enclosures less than:
i. 1.0 m (3.3 ft.) in height in front yard;
ii. 1.0 m (3.3 ft.) in height in rear yards on lakefront lots; and
iii. and less than 2.0 m (6.6 ft.) in other yards;
and the maintenance, improvement and other alterations of any gates, fences, or walls or other means of enclosure
unless the gate, fence, wall, etc. exceeds the regulations indicated in Section 9.4;
e.
A temporary building other than a dwelling, the sole purpose of which is incidental to the carrying out of a development
for which a permit has been issued under this Land Use Bylaw;
f.
The installation, maintenance and repair of public works, services, or utilities carried out by or on behalf of federal,
provincial, and/or municipal authorities on land that is publicly owned or controlled;
g.
For the maintenance of private sewer systems that can be undertaken without excavation of all or part of the system;
h.
Any development carried out by or on behalf of the Crown;
i.
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;
j.
Up to a maximum of two (2) accessory buildings with a floor area of 9.5 m² (102.3 ft.²) or less each and a building height
of 2.5 m (8.2 ft.) or less on a lot, including garden or tool sheds, workshops, potting sheds and other similar structures
provided that they are moveable and provided they otherwise comply with the provisions of this Land Use Bylaw.
k.
Development specified in section 618 (1) and (4) of the Act, which includes:
i. A highway or road;
ii. A well or battery within the meaning of the Oil and Gas Conservation Act;
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iii. A pipeline or an installation or structure incidental to the operation of a pipeline; or
iv. Any other thing specified by the Lieutenant Governor in Council by regulation, which includes but is not limited
to construction of buildings or the construction or installation of equipment, navigational aids, and
communications systems for use in connection with the operation of airports owned by or on land vested in the
Crown in right of Canada, the Crown in right of Alberta, or a municipal corporation;
l.
The erection of one (1) unilluminated sign of the following nature and size for each use within a building or on a parcel,
provided such signs do not resemble or conflict with traffic signs;
i. A facia sign or freestanding sign for the purpose of identification, direction and warning not exceeding 0.2 m²
(2.15 ft.²);
ii. A facia sign or freestanding sign relating to a person, partnership or company carrying on a profession, business
or trade not exceeding 0.3 m2 (3.23 ft.²);
iii. A facia sign or freestanding sign relating to a religious, educational, cultural, recreational or similar institution
not exceeding 1.0 m2 (10.76 ft.²);
iv. A portable sign or notice, relating to the sale or lease of land or buildings, sale of goods or livestock by auction,
carrying out of construction, or the announcement of any local event of a religious, educational, cultural,
political, or governmental nature not exceeding 3.0 m² (32.3 ft²) and limited in display to the period of
completion of the sale, lease, construction or event; and
v. A flag attached to a single upright flag-pole;
m.
landscaping where the proposed grades will not adversely affect the subject or adjacent properties or result in an increase
in surface water and sediment run-off into Sylvan Lake;
n.
development within a basement that does not change or add to the uses within a dwelling;
o.
a minor home occupation;
p.
apiaries for the keeping of a colony of up to 1,000 bees and no more than 1 queen;
q.
the erection of campaign signs for federal, provincial, municipal or school board elections on privately-owned lots for no
more than thirty (30) days, or such time as regulated under provincial or federal legislation provided that:
i. such signs are removed within one (1) day after the election date;
ii. such signs do not obstruct or impair vision or traffic; and
iii. such signs indicate the name and address of the sponsor and the person responsible for removal;
r.
roof mounted solar energy collection systems;
s.
a maximum of one woodshed with a floor area not more than 7.0 m2 (75.0 ft.2);
t.
pergolas less than 10.0 m2 (107.6 ft.2) in area and less than 4.3 m (14.1 ft.) in height;
u.
micro wind energy conversion systems; and
v.
the demolition or removal of any building or structure for which erection a development permit would not be required
pursuant to Section 4.2.1.a to 42.1.u, both inclusive.
4.3 NON-CONFORMING BUILDINGS AND USES
1. A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6) consecutive
months or more, any future use of the land or building must conform to this Bylaw.
2. A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-
conforming building, may not be enlarged or added to and no structural alterations may be made thereto or therein.
3. A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any other part of the lot and no
additional buildings may be constructed upon the lot while the non-conforming use continues.
4. A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered
except:
a.
to make it a conforming building;
b.
for the routine maintenance of the building, if the Development Authority considers it necessary; or
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c.
in accordance with the variance powers possessed by the Development Authority pursuant to the Act and this Bylaw to
approve a development permit despite any non-compliance with the regulations of this Bylaw.
5. If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent (75%) of the value of the
building above its foundation, the building may not be repaired or rebuilt except in accordance with this Bylaw.
6. The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of the land or building.
4.4 APPLICATION FOR DEVELOPMENT
1.
An application for development permit shall be completed and submitted to the Development Officer in writing, in the form
required by the Development Officer, and shall be accompanied by:
a.
post construction site and building elevations;
b. floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in either the
basement or on the main floor in the principal and accessory buildings;
c.
landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas, fences, screenings,
and outdoor furniture on the site and on adjacent boulevards within road rights-of-way;
d. drainage plans;
e. a Real Property Report;
f.
a scaled site plan showing:
i. proposed site coverage, and as a percentage calculation of the total lot area;
ii. front, side and rear yards;
iii. north point;
iv. legal description of the property;
v. access and egress points to the property; and
vi. the location and dimensions of existing and proposed municipal and private local improvements, principal
building and other structures including accessory buildings, garages, carports, fences, driveways, paved
areas, access and egress points to the parcel, and major landscaped areas including buffering and screening
areas where provided; and
g.
a statement of existing and proposed use(s) or occupancy of all parts of the land and buildings, and such other
information as may be required by the Development Officer.
2.
Where a proposed development or redevelopment is within 30.0 m (98.4 ft.) of the top of bank or high water mark of Sylvan
Lake, a Development Design Plan shall be submitted as part of a development permit application and enforced as a condition
of approval. Determining which feature (top of bank or the high water mark of Sylvan Lake) is appropriate will be at the
discretion of the Development Authority. Submission of the Development Design Plan shall be in accordance with the
applicable policies of the Sylvan Lake Intermunicipal Development Plan.
3.
In making a decision, the Development Authority may also require additional information in order to assess the conformity of
a proposed development with this Bylaw before consideration of the development permit application shall commence. Such
information may include (but not limited to):
a.
A geotechnical report, assessment or investigation prepared by a qualified geotechnical engineer for any proposed
development, redevelopment, clearing or grading, excavation or adding fill within escarpment areas having ten (10)
percent or greater slopes. The proposed development plan must show slope setback distances, cross-sections of the
slope area both before and after development and final grading. The height and existing angle of the slope shall be
verified by accurate historical survey data or site specific information completed by a qualified surveyor;
b. A geotechnical report, prepared by a qualified geotechnical engineer, outlining seasonally adjusted and recommended
water tables, location of on-site storage of sewage, and recommended building foundations, basement construction
and soil bearing capabilities;
c.
A visual impact assessment prepared by a qualified professional that assesses the impact of new development on view
corridors and provides mitigation steps;
d. An environmental review prepared by a qualified professional, which shall include but is not limited to:
i. A description of the environmental sensitivity of the lands proposed for development and the surrounding
area;
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ii. The identification of the nature and significance of any adverse impacts associated with the proposed
development during construction;
iii. The identification of the nature and significance of any adverse impacts associated with activities that will
result from the development; and
iv. The inclusion of an environmental protection plan to:
1. Alleviate any adverse impacts;
2. Monitor the performance of the environmental measures; and
3. Identify any residual impacts and their significance on any or all of the following: fish and wildlife,
vegetation, soils and terrain, water quantity and quality, shoreline, surface drainage and aquifers.
e. the location of existing and proposed municipal and private stormwater and sanitary sewage collection and disposal,
and water supply and distribution utilities, landscaped areas and buffering and screening;
f.
the height and horizontal dimensions of all existing and proposed buildings;
g.
outlines of roof overhangs on all buildings;
h. existing and proposed elevations on the site and on adjacent sites, roads and lanes;
i.
a construction management plan;
j.
a hydrogeological assessment;
k.
a wetland assessment;
l.
a biophysical assessment;
m. a historic resource impact assessment;
n. future development plans for a site which is to be partially developed through the applicable development permit;
o. in the case of a proposed home occupation, information concerning the number of employees, the location of any
goods to be kept or stored, and an estimate of the number of client visits to be expected to the site each week;
p. any other information or tests required by the Development Authority, at their discretion, respecting the site or
adjacent lands, including an environmental screening of the site, geotechnical reports and/or flood hazard mapping;
q. a statutory declaration indicating that the information supplied is accurate; and
r.
for a moved in (relocated) building, pictures of the exterior of the structure which provide information relating to the
age and condition of the building and its compatibility with the Land Use District in which it is to be located.
4.
In addition to the information requirements indicated above, an application for a development permit for landscaping or the
excavation or stripping of land that is proposed without any other development on the same land shall also include:
a.
An illustration indicating the location and area of the site where the landscaping or excavation is to take place;
b. A plan showing the existing trees and/or shrubs and identification of the trees and/or shrubs to be removed and/or
added;
c.
A statement on why the trees and/or shrubs are proposed to be removed and/or added;
d. The type and dimensions including average depth of the excavation to be done, and the potential, if any, to affect
existing drainage patterns on and off the site;
e. The depth and variation in depth of groundwater encountered in test holes, if required at the discretion of the
Development Authority;
f.
The identification of potential for outdoor noise and the discharge of substances into the air,
g.
Details outlining the measures that will be taken to ensure the integrity of trees and/or shrubs adjacent to those
proposed to be removed is not compromised;
h. The condition in which the site is to be left when the operation is complete, including the action which is to be taken
for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening erosion
or dust from the site;
i.
An indication of all municipal servicing costs associated with the development;
j.
The proposed haul route, dust control plan and expected hours of operation; and
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k.
A statement may be required, at the discretion of the Development Officer, from a qualified environmental specialist
or another qualified professional assessing the implications of tree and/or shrub removal will have on Sylvan Lake
water quality, habitat and slope stability if applicable.
5.
The Development Authority may refuse to accept an application for Development Permit where the information required by
Sections 4.3.1, 4.3.2, and 4.3.3 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.
6.
The Development Authority may deal with an application and make a decision without all of the information required by
subsection Sections 4.3.1, 4.3.2, and 4.3.3 if it is the opinion of the Development Authority that a decision on the application
can be properly made without such information.
7.
Each application for a Development Permit shall be accompanied by a non-returnable processing fee, the amount of which
shall be determined from time to time by resolution of Council.
4.5 PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS
1. The Development Officer shall:
a.
Receive all applications for a Development Permit;
b.
Assess and provide notice in writing of a complete or incomplete application as required in Section 683.1 of the Act;
c.
Refer all applications for development which would result in permanent overnight accommodation, including dwelling
units, or public facilities to the Alberta Energy Regulator, if any of the land which is the subject of the application is within
1.5 km (0.9 miles) of a sour gas facility and the proposed development is not, in the opinion of the Development Authority,
an infill development;
d.
Refer any application to a municipality or agency as required by the Sylvan Lake Intermunicipal Development Plan or the
Summer Village of Norglenwold Municipal Development Plan;
e.
Refer any application to an adjacent municipality or any other agency or person which in their opinion may provide
relevant comments or advice respecting the application;
f.
Consider and decide on applications for Development Permit which meet the standards of this Land Use Bylaw for
permitted uses; and
g.
Refer with his/her recommendations, to the Municipal Planning Commission for its consideration and decision on all other
applications for a Development Permit.
2. Notice of Complete or Incomplete Application
a.
The Development Officer shall within twenty (20) days of the receipt of an application for a development permit,
determine whether the application is complete.
b.
The time period referred to in Section 4.5.2(a) may be extended by an agreement in writing between the applicant and
the Development Authority.
c.
An application is complete if, in the opinion of the Development Officer, the application contains the documents and
other information necessary to review the application.
d.
If the Development Officer determines that the application is complete, the Development Officer shall issue to the
applicant, in writing or electronically, an acknowledgment that the application is complete.
e.
If the Development Officer determines that the application is incomplete, the Development Authority shall issue to the
applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding documents and
information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between
the applicant and the Development Officer in order for the application to be considered complete.
f.
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section
4.5.2(e), the Development Officer may deem the application to be refused.
g.
Despite the Development Officer having issued an acknowledgment under Section 4.5.2(e) or 4.5.2(f), in the course of
reviewing the application, the Development Officer may request additional information or documentation from the
applicant that the Development Officer considers necessary to review the application.
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3. Upon receipt of a completed application for a development permit, the Development Authority:
a.
shall approve, with or without conditions, an application for a permitted use where the proposed development conforms
to this Bylaw;
b.
shall refuse an application for a permitted use if the proposed development does not conform with this Bylaw, subject to
Section 4.4.3(d);
c.
may refuse or approve, with or without conditions, an application for a discretionary use where the proposed
development conforms to this Bylaw;
d.
may approve, with or without conditions, an application for a permitted or discretionary use with variances to the Bylaw;
and
e.
prior to making a decision, the Development Authority may refer any application for a permitted or discretionary use to
any municipal department, external agency or adjacent landowners for comment.
4. For a permitted use in any district:
a.
The Development Officer shall approve, with or without conditions, an application for a Development Permit where the
proposed development conforms in every respect to this Land Use Bylaw, the Act, the Subdivision and Development
Regulations, approved statutory plans, and the Sylvan Lake Intermunicipal Development Plan; or
b.
If an application for a Development Permit for a permitted use does not conform to the requirements of this Land Use
Bylaw, the Act, the Subdivision and Development Regulations, approved statutory plans, and the Sylvan Lake
Intermunicipal Development Plan, the Development Officer:
i. May refuse the application giving reasons for the refusal; or
ii. May consider issuing a variance (not greater than 15% of the applicable requirement of this Land Use Bylaw),
consistent with the provisions in Section 4.7 - Variances of this Land Use Bylaw; or
iii. May approve the application subject to conditions to ensure that the application conforms to the requirements
of the Land Use Bylaw, the Act, the Subdivision and Development Regulations, approved statutory plans, and the
Sylvan Lake Intermunicipal Development Plan.
5. For a discretionary use in any land use district:
a.
The Municipal Planning Commission may approve an application for a Development Permit:
i. With or without conditions;
ii. Based on the merits of the proposed development, including its relationship to any approved statutory plan,
non-statutory plan, or approved policy, affecting the site;
b.
If an application for a Development Permit for a discretionary use does not conform to the requirements of this Land Use
Bylaw, the Act, the Subdivision and Development Regulations, approved statutory plans, and the Sylvan Lake
Intermunicipal Development Plan, the Municipal Planning Commission:
i. May refuse the application giving reasons for the refusal; or
ii. May consider issuing a variance consistent with the provisions in Section 4.7 - Variances of this Land Use Bylaw;
or
6. May approve the application subject to conditions to ensure that the application conforms to the requirements of the Land Use
Bylaw, the Act, the Subdivision and Development Regulations, approved statutory plans, and the Sylvan Lake Intermunicipal
Development Plan. The Development Authority may require with respect to a development that, as a condition of issuing a
Development Permit, the applicant:
a.
Submit a Real Property Report at the footings stage specifying the location of the development on the parcel; and
b.
Enter into an agreement with the municipality to do all or any of the following:
i. To construct or pay for the construction of a road required to give access to the development;
ii. To construct or pay for the construction of pedestrian walkway systems;
iii. To install or pay for the installation of utilities that is necessary to serve the development;
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iv. construct or pay for the construction of off-street or other parking facilities, loading and unloading facilities;
v. To pay an off-site levy or redevelopment levy imposed by bylaw;
vi. To require the applicant to be responsible for the repair of any damage to the municipality's lands and works
including but not necessarily confined to roads, drainage courses, trees and fences; and
c.
To pay to the municipality the costs paid by the municipality to any engineer or any other person for materials testing,
inspections, monitoring of construction, review of construction drawings, and legal costs and expenses to which the
municipality is put in connection with the development agreement and agreement relates;
d.
To whom a Development Permit has been issued shall obtain, where applicable, from the appropriate authority, permits
relating to building, electricity, gas, plumbing and sewage disposal, and all other permits required in connection with the
proposed development; and
e.
Shall be financially responsible during construction for any damage caused by the applicant, his/her servants, employees,
suppliers, agents or contractors to any public or private property.
7. Prior to imposing any condition upon the issue of a Development Permit pursuant to Section 4.4.6, the Development Authority shall
consult with Council as may be required in the circumstances and shall specify the terms and content of the agreement in the
condition in the Development Permit.
The Development Authority may refuse to accept an application for a development permit if the application is for a similar
development on the same property as a development permit which was applied for and refused by the Development Authority or
the Subdivision and Development Appeal Board within six (6) months of the date of the current application.
8. After receipt of a development permit application, the Development Authority shall give notice to the applicant by email as per the
email address listed on the Development Permit Application, that the application is deemed complete or incomplete.
a.
If the application is deemed incomplete, the notice shall contain any outstanding documents and information required,
and a date the outstanding documents and information shall be submitted, set out in the notice or a later date agreed on
between the applicant and the development authority in order for the application to be considered complete.
b.
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in the
email, the application is deemed to be refused. The development authority must issue to the applicant a notice by
ordinary mail.
4.6 DEVELOPMENT AGREEMENTS AND CONDITIONS
1. The Development Authority may require that as a condition of issuing a development permit, the applicant to enter into an
agreement to:
a.
Construct or pay for the construction of public roadways, pedestrian walkways, or parking areas; and/or
b.
Complete lot grading; and/or
c.
Provide finished ground elevations; and or
d.
Provide for the control of offsite drainage; and/or
e.
Install or pay for the installation of utilities; and/or
f.
Pay for an off-site levy or redevelopment levy imposed by bylaw.
2. A refundable completions deposit will be required when a development permit is issued. At the discretion of the Development
Authority, the amount will depend on the estimated project cost, as establish. The deposit shall be refunded after completion of
the construction including landscaping as per the development permit, subject to the Summer Village's Development Completions
Deposit Policy.
3. To ensure compliance with the development agreement, the Summer Village may:
a.
register a caveat against the certificate of title of the property that is being developed. This caveat shall be discharged
when conditions of the development agreement have been met; and
b.
require securities in the form of cash or an irrevocable letter of credit, satisfactory to the Development Authority.
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4.7 VARIANCES
1. The Development Officer may consider issuing a variance for a permitted use, where the variance requested does not exceed 10%
of the applicable requirement of this Land Use Bylaw, and the requested variance does not affect maximum site coverage or
maximum building height requirements.
2. The Municipal Planning Commission may grant a variance to reduce the requirements of any use of the Land Use Bylaw and that
use will be deemed to comply with this land use bylaw.
3. The Municipal Planning Commission may approve an application for Development Permit even though the proposed development
does not comply with the regulations of this bylaw or if the development is to be a rebuilding, an enlargement, an addition, or a
structural alteration of a non-conforming building if, in the opinion of the Municipal Planning Commission;
a.
The proposed development would not:
i. Unduly interfere with the amenities of the neighbourhood; or
ii. Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and
b.
The proposed development conforms to the use prescribed for that land or building in this bylaw.
4. In approving an application for development pursuant to Sections 4.7.2.a and 4.7.2.b, the Municipal Planning Commission shall
adhere to the following:
a.
A variance shall be considered only where warranted by the merits of the proposed development and in response to
irregular parcel lines, parcel shapes or site characteristics which create difficulties in siting structures within the required
setback or in meeting the usual bylaw requirements. Except as otherwise provided in this bylaw, there shall be no
variance from the following:
i. Site coverage; and
ii. Building height.
b.
Where a variance is granted, the nature of the approved variance shall be specifically described in the Development
Permit approval.
c.
Where the issuance of a Development Permit involves the exercise of any specified discretion of the Municipal Planning
Commission to relax a regulation of a district or any other regulation of this bylaw, the Municipal Planning Commission
shall not permit any additional variance from that regulation.
4.8 NOTICE OF DECISION
1. When a development permit has been issued for a permitted use and no variance to any regulation has been granted, the
Development Authority shall within five (5) working days after the decision on a development permit application has been granted,
send a notice by regular mail of the decision to the applicant and post a notice on the Summer Village's website. Mailing the notice
is not required when an applicant picks up a copy of the decision.
2. In addition to the above, within five (5) working days after a decision on a development permit application for a discretionary use
or after a variance has been granted, the Development Officer shall:
a.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all affected adjacent land
owners, as identified on the Summer Village Assessment Roll, to provide notice of the decision and right of appeal; and
b.
post notice of the decision on the Summer Village's website; and
c.
send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other landowner,
business, agency, adjacent municipality, person, group, organization or similar body that the Development Authority
deems may be affected to provide notice of the decision and right of appeal.
3. The notice indicated in Sections 4.8.1 and 4.8.2 shall state:
a.
the legal description and the street address of the site of the proposed development;
b.
the uses proposed for the subject development,
c.
any discretion that was granted in the approval of the development, whether by use or by interpretation of this Bylaw,
and any variation or relaxation in regulation that was made by the Development Authority when the development permit
was approved;
d.
the date the development permit was issued;
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e.
whether an appeal lies to the subdivision and development appeal board or to the Land and Property Rights Tribunal; and
f.
how an appeal might be made and the deadline for such appeal.
4. Pursuant to this Section, a permit granted pursuant to this Part does not come into effect until twenty-one (21) days after the date
that notice of the decision, or development permit is received. For the purposes of this Bylaw, notice is deemed to be received on
the 5th day after the date of the issuance of the decision or permit. Any development proceeded with by the applicant prior to the
expiry of this period is done solely at the risk of the applicant.
5. Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal has been
determined and the permit has been confirmed, modified or nullified thereby.
6. If the development authorized by a permit is not commenced within twelve (12) months from the date of the date of the issue of
the development permit, and completed within twelve (12) months of the commencement of the development, the permit is
deemed to be void.
7. A development, once begun, shall not be abandoned or left for an extended period of time in what the Development Authority
considers to be an unsightly or unsafe condition.
8. The application may be responsible for any damages to public or private property occurring as a result of development.
9. A decision of the Development Authority on an application for a development permit shall be given in writing.
4.9 CANCELLATION
1. The Development Authority may cancel a Development Permit if:
a.
The permit was issued in error; or
b.
The permit was issued on the basis of incorrect information.
4.10 COMPLIANCE WITH OTHER LEGISLATION
1. Compliance with the requirements of this Land Use Bylaw does not exempt any person from:
a.
The requirements of any federal, provincial or municipal legislation; and
b.
Complying with any easement, covenant, agreement or contract affecting the development.
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SUBDIVISION OF LAND
5.1 SUBDIVISION APPLICATION REQUIREMENTS
1. All Subdivision applications for lands within the Summer Village of Norglenwold shall comply with the provisions under this Section.
2. Approval of an area structure plan or conceptual scheme, prepared by a Registered Professional Planner (RPP), is required for multi-
lot subdivisions that will result in a total of six (6) or more lots within a quarter section including the remainder of the quarter
section. Additional supporting information may be required depending on the magnitude and complexity of the proposed
subdivision.
3. A subdivision application may be submitted by:
a.
the registered owner of the land to be subdivided; or
b.
a person with written authorization to act on behalf of the registered owner.
4. Multi-lot subdivisions shall be developed in accordance with the provisions of the land use district affecting the subject site at time
of application.
5. If the proposed subdivision requires an environmental assessment under the Canadian Environmental Assessment Act, the applicant
shall file an environmental assessment in accordance with the Canadian Environmental Assessment Act. A copy of the
environmental assessment shall be submitted with the subdivision application.
6. If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or Provincial agencies and
organizations, the applicant shall file and obtain the appropriate reports and/or approvals with relevant agencies and organizations.
A copy of the required reports and/or approvals or licenses shall be submitted with the subdivision application.
7. Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and Alberta Energy
Regulator Directive 079 shall accompany every subdivision application.
8. The tentative plan of subdivision shall:
a.
clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to subdivide;
b.
show the location, dimensions and boundaries of:
i. each new lot to be created;
ii. reserve land(s), if required;
iii. the rights-of-way of each public utility, if required; and
iv. other rights-of-way, if required;
c.
indicate the use, location, and dimensions of existing buildings on the land that is the subject of the application, if any,
and specify whether the buildings are proposed to be demolished or moved;
d.
show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made) that is contained
within the boundaries of the proposed parcel of land;
e.
identify the location of any existing or proposed water wells, the locations and type of any private sewage disposal
system(s), and the distance from these to existing or proposed buildings and property lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active wells, batteries,
processing plants or pipelines within the proposed subdivision; and
g.
identify the existing and proposed access to the proposed parcels and the remainder of the titled area.
9. The Summer Village may also require an applicant to submit to the Subdivision Authority any or all of the following:
a.
a figure showing topographic contours at no greater than 1.5 m (4.9 ft.) intervals;
b.
if the proposed subdivision is not to be served by a water distribution system, information supported by the report of a
qualified professional, registered in the Province of Alberta, respecting the provision, availability, and suitability of potable
water on or to the land to be subdivided;
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c.
an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited to, susceptibility
to slumping or subsidence, depth to water table, and suitability for any proposed on-site sewage disposal system(s),
prepared and signed by a qualified professional registered in the Province of Alberta;
d.
a storm water management plan, prepared by a qualified professional, which must be approved by Alberta Environment
and Parks including:
i. topography;
ii. proposed minor drainage system (ditches/pipes/catch basin locations/flow rate);
iii. proposed major drainage systems (direction of surface drainage/flow rate);
iv. proposed on-site detention/retention facility (location/size/capacity);
v. location of outflow/outfall structures; and
vi. any related modeling and calculation information;
e.
if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the 1:100-year Flood
Plain or highest and most frequent rain event series relevant to flooding of the land;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 miles) of the land proposed to be
subdivided;
g.
if any portion of the parcel of land affected by the proposed subdivision is situated within 1.5 km (0.9 miles) of a sour gas
facility, a map showing the location of the sour gas facility; and
h.
where the proposed subdivision is staged or includes only a portion of the developable area within the subject site, an
approved area structure plan or conceptual scheme that relates the application to future subdivision and development
of adjacent lands.
5.2 SUBDIVISION PROCESS
1. The Subdivision Authority shall:
a.
attend a pre-application submission meeting with development proponents (as requested);
b.
receive all applications for subdivision applications; and
c.
assess and provide notice of a complete or incomplete application;
d.
issue notices in writing as required in the Act.
2. Notice of Complete or Incomplete Application
a.
The Subdivision Authority shall within twenty (20) days of the receipt of an application for subdivision, determine whether
the application is complete.
b.
The time period referred to in Section 5.2.2.a may be extended by an agreement in writing between the applicant and
the Subdivision Authority or, if applicable, in accordance with the Land Use Bylaw made pursuant to section 640.1(a) of
the Act.
c.
An application is complete if, in the opinion of the Subdivision Authority, the application contains the documents and
other information necessary to review the application.
d.
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue to the
applicant, in writing or electronically, an acknowledgment that the application is complete.
e.
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue to the
applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding documents and
information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between
the applicant and the Subdivision Authority in order for the application to be considered complete.
f.
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section
5.2.2.e, the Subdivision Authority must deem the application to be refused.
g.
Despite that the Subdivision Authority has issued an acknowledgment under Section 5.2.2.d or 5.2.2.e, in the course of
reviewing the application, the Subdivision Authority may request additional information or documentation from the
applicant that the Subdivision Authority considers necessary to review the application.
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5.3 DUTIES OF THE SUBDIVISION AUTHORITY
1. Upon receipt of a completed subdivision application, the Subdivision Authority:
a.
shall approve, with or without conditions, a subdivision application for a permitted use where the proposed subdivision
conforms to:
i. this Bylaw;
ii. applicable statutory plans; and
iii. the Act and the Regulations thereunder;
b.
shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i. applicable statutory plans; and/or
ii. the Act and the Regulations thereunder;
c.
shall refuse an application for a subdivision if the proposed subdivision does not conform with this Bylaw, subject to
subsection (d);
d.
may approve, with or without conditions, an application for subdivision that does not comply with this Bylaw if, in the
opinion of the Subdivision Authority, the proposed subdivision:
i. would not unduly interfere with the amenities of the neighbourhood;
ii. would not materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and
iii. conforms to the use prescribed for that land in this Bylaw.
e.
prior to making a decision, shall refer the subdivision application to any external agencies and adjacent landowners for
comment and may refer the subdivision application to any municipal department as required.
5.4 SUBDIVISION REQUIREMENTS AND CONDITIONS
1. The Subdivision Authority of the Summer Village of Norglenwold shall abide by the requirements of and consider the matters
indicated in Sections 652 to 670 of the Act.
2. Subdivision approvals must comply with Part 17 and 17.1 of the Act and the Regulations therein.
3. For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a separate title exists
for a public utility or an institutional use.
4. Where the development involves a subdivision of land, no development permit shall be issued until the subdivision has been
registered with Land Titles.
5. More than one active subdivision application will not be allowed affecting a single titled area. Where a subdivision is proposed for
a titled area which is, at time of receipt of the new application, affected by an active subdivision file, the new application will not
be accepted and processed until the existing open file has been closed or finalized to the satisfaction of the Summer Village's
Subdivision Authority.
6. The Subdivision Authority shall not approve a subdivision which is inconsistent with the Summer Village of Norglenwold Municipal
Development Plan and/or the provisions of any statutory plans that affect the land proposed to be subdivided.
7. As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the Act; either in the form
of a lot (ownership transferred to the Summer Village) or as an Environmental Reserve Easement (private ownership is retained).
The Summer Village may require that the proponent provide hazard land as Environmental Reserve as a condition of subdivision
approval.
8. Property taxes must be up to date prior to final endorsement of any Subdivision within the Summer Village of Norglenwold.
9. The developer may be required to provide for Inclusionary Housing in accordance with the Act and the Regulations therein.
10. All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice the future efficient
development of the remainder lot.
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PROCESS FOR APPEALS
6.1 DEVELOPMENT APPEALS
1. An appeal may made if the Development Authority:
a.
Fails or refuses to issue a development permit;
b.
Issues a development permit subject to conditions; or
c.
Issues a stop order under Section 645 of the Act;
By the applicant of the development permit or any person affected by the order.
2. In addition to Section 6.1.1, any person affected by an order, decision, or development permit made or issued by the Development
Authority may appeal the decision in accordance with Section 685(2) of the Act.
3. Despite Sections 6.1.1 and 6.1.2, no appeal lies in respect of the issuance of a development permit for a permitted use unless the
provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the development permit was deemed
to be refused under section 683.1(8) of the Act.
4. Despite Sections 6.1.1, 6.1.2, and 6.1.3, if a decision with respect to a development permit application in respect of a direct control
district:
a.
is made by a council, there is no appeal to the Subdivision and Development Appeal Board; or
b.
is made by a development authority, the appeal is limited to whether the development authority followed the directions
of council, and if the board hearing the appeal finds that the development authority did not follow the directions it may,
in accordance with the directions, substitute its decision for the development authority's decision.
5. An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(a) of the Act shall be made to the Land
and Property Rights Tribunal, and shall proceed in accordance with the processes identified in the Act and the Land and Property
Rights Tribunal Act.
6. An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(b) of the Act shall be made to the
Subdivision and Development Appeal Board of the Summer Village of Norglenwold.
7. An appeal with respect to an application for a development permit may be made by a person identified in Section 6.1.1 may be
made by serving a written notice of appeal to the board hearing the appeal:
a.
Within twenty-one (21) days after the date on which the written decision is given; or
b.
If no decision is made with respect to the application within the 40-day period (or within any extension to that period
under Section 684 of the Act), within twenty one (21) days after the date the period or extension expires; or
c.
With respect to an order under Section 645 of the Act, within 21 days after the date on which the order is made.
8. An appeal with respect to an application for a development permit may be made by a person identified in Section 6.1.2 may be
made by serving a written notice of appeal to the board hearing the appeal within twenty-one (21) days after the date on which
the written decision is given.
9. An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal. The
notice submission requirements shall be as established by the Land and Property Rights Tribunal.
10. An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the following:
a.
the appeal application fee as identified in the Summer Village's Fees and Charges Bylaw;
b.
the legal description and/or the municipal address of the property to which the decision, order, or issuance of the
development permit relates;
c.
the name, contact information, and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal.
11. Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the appropriate board and the
appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is deemed to have received the notice
of appeal from the applicant on the date it receives the notice of appeal from the first board, if:
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a.
in the case of a person referred to in Section 6.1.1 the person files the notice with the wrong board within 21 days after
receipt of the written decision or the deemed refusal; or
b.
in the case of a person referred to in Section 6.1.2, the person files the notice with the wrong board within 21 days after
the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw.
6.2 SUBDIVISION APPEALS
1. The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a.
by the applicant for the approval;
b.
by a government department if the application is required by the Subdivision and Development Regulations to be referred
to that department;
c.
by the council of the municipality in which the land to be subdivided is located if the council, a designated officer of the
municipality or the Municipal Planning Commission of the municipality is not the Subdivision Authority; or
d.
by a school board with respect to:
i. the allocation of municipal reserve and school reserve or money in place of the reserve;
ii. the location of school reserve allocated to it; or
iii. the amount of school reserve or money in place of the reserve.
2. An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall be made to the Land
and Property Rights Tribunal, and shall proceed in accordance with the processes identified in the Act and the Land and Property
Rights Tribunal Act.
3. An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of the Act shall be made
to the Subdivision and Development Appeal Board of the Summer Village of Norglenwold.
4. An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal. The
notice submission requirements shall be as established by the Land and Property Rights Tribunal.
5. An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the following:
a.
the appeal application fee as identified in the Summer Village's Fees and Charges Bylaw;
b.
the legal description and/or the municipal address of the property to which the decision, order, or issuance of the
development permit relates;
c.
the name, contact information, and address of the appellant; and
d.
the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal.
6. If the applicant files a notice of appeal within 14 days after receipt of the written decision or the deemed refusal with the wrong
board, that board must refer the appeal to the appropriate board and the appropriate board must hear the appeal as if the notice
of appeal had been filed with it and it is deemed to have received the notice of appeal from the applicant on the date it receives
the notice of appeal from the first board.
6.3 APPEAL HEARINGS AND DECISIONS
1. Hearings for development appeals and decisions made by the board hearing the appeal shall be in accordance with Section 686
and 687 of the Act.
2. Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in accordance with Section 679, 680,
and 681 of the Act.
ENFORCEMENT
7.1 GENERAL PROVISIONS
1. Enforcement may be conducted by a Designated Officer through the issuance of a violation warning, warning notice, final warning
notice, stop order, violation tags or any other authorized action to ensure compliance.
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7.2 PROHIBITIONS
1. No person shall contravene or permit a contravention of this Bylaw. No person shall commence or undertake a development, use,
or sign that is not permitted by this Bylaw.
2. No person shall contravene a condition of a development permit or subdivision approval issued under this Bylaw.
3. No person shall authorize or undertake any development that is not compliant with the description, specifications or plans that
were the basis for the issuance of a development permit.
4. No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the
Development Authority.
7.3 RIGHT OF ENTRY
1. After reasonable notice (generally to mean 48 hours) to the owner or occupant in accordance with the Act, a Designated Officer
may enter property at reasonable times (generally to mean between the hours of 7:30 a.m. and 10:00 p.m.) to ascertain if Bylaw
requirements are being met.
2. A person shall not prevent or obstruct a Designated Officer from carrying out any official duty under this Bylaw. If consent is not
given, the Summer Village may apply to the Court of Queen's Bench for an authorizing order.
7.4 VIOLATION WARNING
1. A Designated Officer may issue a violation warning for minor offences by outlining the nature of the violation, corrective measures
that may be taken, and the deadline for corrective measures.
7.5 WARNING AND FINAL WARNING NOTICE
1. A Designated Officer may issue a warning notice or a final warning outlining the nature of the violation, corrective measures that
may be taken, and the deadline for corrective measures, or both.
7.6 OFFENSES AND FINES
1. A person who violates the provisions of this Bylaw or permits a contravention of this Bylaw, is guilty of an offence and is liable to a
fine for a first offence and for each subsequent offense as specified in the Fees and Charges Bylaw.
2. If the penalty is not paid, the person is liable for imprisonment for not more than one year, or to both fine and imprisonment.
7.7 STOP ORDERS
1. On finding that a development, land use, or use of a building does not conform to the Act or its regulations, a development permit
or subdivision approval or the conditions of either, or this Bylaw, the Development Authority may, by written notice, direct the
owner of the property, the person in possession of the land, building, or sign, or the person responsible for a contravention or any
or all of them, to:
a.
stop the development or use of the land or building in whole or part as directed by the notice;
b.
demolish, remove, or replace the development or landscaping; or
c.
carry out any other actions required by the notice for compliance.
2. The notice shall specify a deadline for compliance.
3. A person named in a stop order may appeal to the Subdivision and Development Appeal Board.
7.8 ENFORCEMENT OF STOP ORDERS
1. Subject to Section 542 of the Act, if a person fails to comply with the order of the Development Authority, a Designated Officer, or
the Subdivision and Development Appeal Board, a Designated Officer may enter on the land or building and take any action
necessary to carry out the order.
2. The Summer Village may register a caveat against the certificate of title for the land that is subject to the order, provided that the
caveat is discharged when the order has been complied with.
3. The Summer Village's costs of carrying out any actions required for compliance may be added to the tax roll of the land subject to
the order.
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7.9 VIOLATION TAGS AND TICKETS
1. In accordance with the Provincial Offences Procedures Act, a Designated Officer may issue a violation tag to a person for specific
offences in contravention of a violation issuing a warning notice, a final warning notice, or stop order where there is reasonable
and probable grounds to believe there is a contravention of this Bylaw.
2. A violation tag may be issued to a person either personally or by registered mail.
3. The violation tag shall be in a form approved by the Summer Village and shall include the name of the person thought to have
created the contravention, the offence, the penalty for the offence, a requirement that the penalty be paid within 30 days of
issuance of the violation tag, the method by which the tag may be paid, and other information as may be required by the Summer
Village.
4. Offenses and related fines are as specified in the Summer Village's Fees and Charges Bylaw.
5. Where a contravention is of a continuing nature, further violation tags may be issued.
6. The person to whom the violation tag is issued may, in lieu of being prosecuted, sign the plea of guilty on the violation tag and pay
the specified fine to the location indicated on the violation tag.
7. If payment is not made within the time specified on the tag, a Designated Officer may issue a violation ticket requiring the person
to whom the violation ticket is issued to appear in court on the date specified in the summons portion of the ticket.
8. Nothing in this Bylaw shall prevent a Designated Officer from immediately issuing a violation ticket for the mandatory court
appearance of any person who contravenes any provision of this Bylaw.
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GENERAL DEVELOPMENT REGULATIONS
8.1 ACCESS AND EGRESS
1. In all land use districts, all vehicle entrances and exits onto roads shall only be allowed in location approved by the Development
Authority.
8.2 BUILDING DEMOLITION
1. An application to demolish a building shall not be approved without a statement or plan which indicates:
a.
How the operation will be carried out so as to create a minimum of dust and other nuisances; and
b.
The reclamation plan for the site including lot grading and landscaping; and
c.
Proposed haul routes for the removal of site materials;
that is satisfactory to the Development Authority.
8.3 BUILDING ORIENTATION AND DESIGN
1. The design, character and appearance of any building, or series of buildings, structures or signs proposed to be erected or located
in any district must be acceptable to the Development Authority having due regard to the following:
a.
Amenities such as daylight, sunlight and privacy.
b.
The character of existing development in the district.
c.
Impact of proposed development on adjacent parcels.
d.
Crime Prevention Through Environmental Design (CPTED), principles to discourage crime by reducing concealment
opportunities, providing lighting to minimize dark spaces, placing windows to maximize surveillance, and easily
identifiable addresses.
e.
Proposed type of finish and use of building materials on all elevations and the roof.
f.
The exterior finish on all buildings shall be of permanent material satisfactory to the Development Authority.
g.
The roof pitch and width of the eaves.
h.
The depth of the principal building shall not be greater than three (3) times its width.
i.
The Development Authority may require additional building setbacks in order to accommodate any local, area or natural
drainage courses or over land drainage issues. Surface drainage from one (1) parcel may not be directed onto or over an
adjacent parcel without approval of the Development Authority.
8.4 CONDOMINIUMS AND MULTIPLE OWNERSHIP
1. The density of development and of population in a condominium shall be no greater than would be allowed for a similar land use
which was being developed through the normal subdivision procedure.
2. Development in condominiums and on property owned in common by a number of people must be laid out in such a way that,
should subdivision be undertaken at some future date, individual owners can obtain title to lots which meet the requirements of
the Act and this Bylaw for separate titles and individual lots.
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8.5 CORNER AND DOUBLE FRONTING LOTS
1. In the case of double fronting lots, the front yard
shall be that portion of the lot abutting the road on
which the front yards of adjacent lots face. If
adjacent lots have front yards facing both roads,
front yards shall be considered to be on both roads
and the lot may thus have no rear yard;
2. Notwithstanding any other provision of this Bylaw
to the contrary, the Development Authority may
require that a development on a corner lot or on a
double fronting lot provide two (2) minimum
required front yards, after having regard to the
orientation of adjacent lots and to the location of
accesses to the development;
3. Notwithstanding any other provision of this Bylaw
to the contrary, where a second minimum front
yard is not required on a corner lot, the minimum
required side yard on the side adjacent to the road
shall not be less than 3.8 m (12.5 ft.);
4. Notwithstanding Subsection 8.5.3, features under 0.5 m (1.6 ft.) in height may project to the side line where a second minimum
front yard is not required on a corner lot.
8.6 CORNER SITE AND SITE LINE PROTECTION
1. On corner sites no fence, wall, tree, bush, structure
or object more than 1.0 m (3.3 ft.) in height shall be
erected, placed or maintained within the triangular
area formed by the intersecting road right-of-way
lines (or their projections) and a straight line joining
points on the road right-of-way lines 6.0 m (19.7 ft.)
from their intersection.
2. At the intersection of roads and lanes and at the
intersection of driveways and roads, no fence, wall,
tree, bush, structure or object more than 1.0 m (3.3
ft.) in height shall be erected, placed or maintained
within the triangular area formed by the intersecting
road and lane right-of-way lines on the road or lane
right-of-way lines 3.0 m (9.8 ft.) from their
intersection.
3. Notwithstanding any other provision of this Bylaw to
the contrary, no sign shall be located in any district
such that any part of the sign face is located between
the heights of 1.0 m (3.3 ft.) and 3.0 m (9.8 ft.) above
grade.
8.7 DEVELOPER'S RESPONSIBILITY
1. The applicant/landowner to whom a development permit has been issued shall obtain from the appropriate Provincial Authority,
where applicable, permits relating to building, plumbing, gas, private sewage disposal systems, utilities municipal services, highways
and all other provincial permits required in connection with the proposed development.
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8.8 EASEMENTS
1. A development permit shall not be issued for a development, other than a fence or landscaping, that encroaches in or over a utility
easement or right-of-way without the written consent from the person to whom the easement is registered or the person whose
utility is located in the easement and the Development Officer.
8.9 ENVIRONMENTAL SCREENING
1. Where the potential for prior contamination of a site exists, the approving Authority may require that a Phase 1 Environmental Site
Assessment be conducted according to applicable provincial requirements and/or guidelines prior to a decision being issued. If the
Phase 1 Environmental Assessment indicates that a Phase 2 Environmental Assessment should be undertaken, the approving
Authority may require a Phase 2 Environmental Assessment be conducted and submitted prior to issuance of the decision affecting
a subdivision or development application.
If follow-up assessments or remedies are required, and if such remedies are determined to be reasonably achievable, then
completion of required remedies may be identified as conditions of subdivision or development approval.
8.10 EXISTING SUBSTANDARD LOTS
1. Proposed developments on existing substandard lots which do not meet the provisions of this Bylaw shall be considered by the
Development Authority. The Development Authority may or may not issue a development permit for the site, having regard for the
limitations of the site.
2. Development on a substandard lot is still required to meet all other provincial and federal legislation and regulations, including but
not limited to the Safety Codes Act.
8.11 LANDSCAPING, ENVIRONMENTAL CONSERVATION, AND DEVELOPMENT
1. Landscaping in all developments within the Summer Village shall be to the satisfaction of the Development Authority.
2. As a condition of subdivision or development approval, a security in the form of an irrevocable letter of credit may be required by
the Development Authority, up to a value of one hundred twenty five percent (125%) of the estimated cost of the proposed
landscaping to ensure that the landscaping is carried out with reasonable diligence (in accordance with the approved landscaping
plan), to the satisfaction of the Development Authority. A condition of the security shall be that the landscaping shall be completed
in accordance with this Bylaw and the plan within one (1) growing season after the completion of the development. If the
landscaping does not survive a two (2) year maintenance period, the amount shall be paid to the Summer Village to complete the
landscaping.
3. A development permit for landscaping may be required where the proposed landscaping would result in the clearing of vegetation,
stripping, or grading of the site.
4. Where a landscaping plan is required with an application for a development permit, no landscaping shall commence prior to the
plan being approved by the Development Authority.
5. Landscaping plans shall incorporate (where possible) recommendations from the Alberta Clean Runoff Action Guide 2020 including:
a.
Grading of lots to drain and retain runoff to control and reduce surface water leaving the lot;
b.
Inclusion of the following clean runoff landscaping strategies:
i. Within planting beds and natural areas, keep the areas rough, with dished areas for trapping water.
ii. Where possible include a depression to intercept surface water (including snowmelt) before it leaves the site.
iii. Minimize turf areas on lakefront lots to decrease soil compaction and the proliferation of invasive weeds.
iv. Incorporate tools for capturing, treating, and using runoff into lot grading and landscaping.
v. Incorporate deciduous native plant species and wild flowers into landscaping plans to encourage fire
suppression, support biodiversity, and increase evapotranspiration.
6. Landscaping plans shall include the following information which adheres to the following standards:
a.
north arrow;
b.
outlines of all buildings and structures on the subject site;
c.
location of parking areas, vehicle and pedestrian circulation systems on the subject site;
d.
location, height and materials of all proposed fences, screens, and walls on the subject site;
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e.
location of any existing or proposed lighting, proposed recreational facilities and garbage collection areas on the subject
site;
f.
existing vegetation, including mature trees, on the subject site, labeled by common name; and
g.
the proposed final grading and drainage plan of the area and the placing and spreading of topsoil. In particular, all areas
to be landscaped shall be graded to drain to the lake, into catch basins or into adjacent drainage easements. Under no
circumstances shall an area be designed, built or landscaped to drain onto adjacent property without appropriate
easements.
7. In addition to the requirements of Section 8.11.5, landscaping plans shall also include pre-built and as-built shots to prove that the
proposed final grading and drainage plan function properly.
8. The following standard of landscaping shall be required for all areas of a parcel not covered by buildings, non-permeable driveways,
storage and display areas:
a.
The conservation of existing trees and shrubs to the maximum extent possible;
b.
The retention, in their natural state, of:
i. Wetlands, gullies and natural drainage courses;
ii. Unstable land;
iii. Land subject to flooding and/or located within a 1:100 year floodway or flood fringe area as determined by an
engineer or flood study;
iv. Land with slope areas with a gradient of fifteen (15) percent or greater; and
v. Land located below the top of the bank of the lake, or any water body or water course.
c.
The appropriate screening of outside storage areas, parking facilities and loading areas from adjacent buildings and roads.
d.
A sufficient depth of topsoil to facilitate growth in the soft-landscaped areas, with areas not planted to trees and shrubs
being seeded to grass, sodded or left with its natural grass cover; and
e.
Completion of the landscaping within two (2) years of the date of issue of the Development Permit.
9. The following standards shall be required for all escarpment areas:
a.
A geotechnical report, assessment or investigation prepared by a qualified geotechnical engineer for any proposed
development, redevelopment, clearing or grading, excavation or adding fill within escarpment areas having ten (10)
percent or greater slopes.
b.
When remedial actions are required on the escarpment, and engineered report is required to provide evidence that such
actions are necessary. Remedial actions must preserve the natural surroundings while improving the bank stability.
c.
Alterations to the escarpment area will only be considered below the top of escarpment where necessary to stabilize in
order to prevent failure of the slope, not to accommodate walk out basements, or other aesthetic choices. Development
for reasonable lake access should be permitted upon successful application.
d.
Further to subsection (a), retaining wall proposals are required to include an engineered report specific to the onsite
installation and location of the walls, soil type and on-site conditions, materials, design parameters, site preparation, side
slope protection, block placement, drainage, and testing/inspection requirements.
e.
Further to subsection (a), retaining wall height shall not exceed 0.91m (3') in height unless specifically required in the
geotechnical report and no other option is available. The maximum height allows for the escarpment area to remain as
natural as possible. Retaining wall structures shall be made out of natural rock, wood, or a stamped design giving the
appearance of natural rock.
f.
Minimum 50% of the escarpment area to be covered by native, deep rooting plants or trees planted in grass or topsoil
(no gravel, mulch, or turf). Aside from the stairs and retaining walls, no hard landscaping will be permitted.
g.
It is required to allow for visual access to the yard of the lot, to the satisfaction of the Development Authority. Should a
guard (rail) be required in accordance with safety codes regulations on a tiered escarpment, it is to include a vegetative
guard no smaller than 2' thick, and 42" tall along the guard.
h.
Minimum 1m (3.28') no mow zone required adjacent to the bank.
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8.12 LIGHTING AND SURVEILLANCE EQUIPMENT
1. Outdoor lighting shall be located such that rays of light:
a.
are not directed at an adjacent site or skyward; and
b.
do not adversely affect an adjacent site or traffic safety.
2. Outdoor surveillance equipment shall not be directed at or into the private spaces (rear and side yards, dwellings, windows) on
adjacent property, thereby materially, negatively interfering with or affecting the privacy, use, enjoyment or value of neighbouring
lots.
8.13 MECHANIZED EXCAVATION, STRIPPING, AND GRADING OF PARCELS
1. A development permit is required prior to the commencement of mechanized excavation, stripping, or grading.
2. A temporary fence shall be erected around all excavations which in the opinion of the Development Authority may be hazardous
to the public.
3. Where finished ground elevations are established, all grades shall comply therewith.
4. All topsoil shall be retained on the parcel, except where it must be removed for building purposes.
5. Finished ground elevations must be provided to the Development Authority for any dwelling unit containing a walkout basement.
6. Retaining walls greater than 1.0 m (3.3 ft.) in height above any adjoining grade requires a Development Permit.
7. Sediment control measures shall be required to ensure sediment is not transmitted to Sylvan Lake.
8.14 NUMBER OF BUILDINGS ON A PARCEL
1. A Development Permit shall not be issued for more than one (1) principal dwelling on a lot.
2. A Development Permit shall not be issued for more than two (2) accessory buildings on a lot.
3. Notwithstanding 8.14.2, a development permit for additional accessory buildings on lots greater than 0.2 ha (0.5 acres) in area may
be issued at the discretion of the Development Authority if the total site coverage does not exceed the Maximum Site Coverage
regulation in the applicable Land Use District.
8.15 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. No person shall allow a recreational vehicle or other object which is in a dilapidated or unsightly condition, or a derelict vehicle to
remain or be parked on a parcel in the residential districts, unless it is suitably housed or screened to the satisfaction of the
Development Authority.
2. No person shall allow a vehicle of more than 1,000 kg (2,204.62 lbs) Gross Vehicle Weight to be parked or stored in the residential
districts, except boats, boat trailers, school buses and recreational vehicles.
3. No person shall allow the parking or storage of a helicopter on a parcel.
8.16 ON-SITE AND OFF-SITE IMPROVEMENTS
1. Where any on-site services or improvements or any off-site local improvements are required to service a proposed development,
a developer shall not begin the excavation for the foundation nor commence the development until the Development Authority is
satisfied that such services or improvements will be undertaken and the required securities have been provided.
2. In order to satisfy the Development Authority, the developer may be required to enter into a development agreement with the
municipality as a condition of development permit approval, and provide security in the form of cash or an irrevocable letter of
credit, satisfactory to the Development Authority.
3. All future development areas must be serviced to the satisfaction of the Development Authority. Servicing shall be consistent with
the Summer Village's Municipal Development Plan, the Sylvan Lake Intermunicipal Development Plan, approved intermunicipal
collaboration framework(s), area structure plan(s) and/or conceptual scheme(s).
8.17 PROJECTION INTO YARDS
1. In the residential districts the portion of and attachments to a main or accessory building which may project over or on a minimum
yard are:
a.
Side yard:
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i. Any projection, including unenclosed steps or eaves, not exceeding one-half of the minimum side yard required
for the building.
b.
Front yard and rear yard:
i. Any projection not exceeding 2.5 m (8.2 ft.) over or on a minimum front yard or rear yard.
ii. Unenclosed decks, if they do not project more than 50% of the minimum yard.
2. In all other districts, the portion of and attachments to a main or accessory building which may project over or on a minimum yard
are:
a.
Any projection not exceeding 1.5 m (4.9 ft.) into a front yard or rear yard;
b.
Any projection not exceeding 0.6 m (2.0 ft.) into a side yard;
c.
Any projection that is an exterior fire escape not exceeding 1.2 m (3.9 ft.) in width.
3. No portion of a building other than eaves, signs or canopies may project into a public or private right-of-way.
8.18 RELOCATION OF BUILDINGS
1. No person shall:
a.
Alter the location on a parcel of a building which has already been constructed on that parcel; or
b.
Place on a parcel a building which is to be relocated or moved from a different parcel or location;
unless a Development Permit has been issued by the Development Authority.
2. In addition to the requirements of Section 4.3, the Development Authority may require an application for a Development Permit to
be accompanied with:
a.
Recent colour photographs showing all elevations of the building;
b.
A statement verifying the age, size and structural condition of the building; and
c.
A statement of proposed improvements to the building.
3. An application for a Development Permit may be approved by the Development Authority if the proposal meets all of the regulations
specified under the appropriate land use district in which it is proposed to be located.
4. Where a Development Permit has been granted for the relocation of a building either on the same parcel or from another location,
the Development Officer may require the applicant to provide a performance bond of such amount to ensure completion of any
renovations set out as a condition of approval of a Development Permit.
5. All structural and exterior renovations shall be completed within one (1) year of the issuance of a Development Permit.
8.19 SIGHT LINES AT INTERSECTIONS OF ROADWAYS
1. At the intersection of roadways, the Development Authority may require the calculation of sight triangles where:
a.
One (1) or more rights-of-way is less than 15.0 m (49.2 ft.); or
b.
Regulated vehicle speed exceeds 50 km/h; or
c.
One (1) of the carriageways is not centered in its right-of-way; or
d.
An intersection leg is curved or skewed; or
e.
An intersection leg is sloped at 2% or greater.
2. Sight triangle calculations shall be in accordance with the recommended methods of the Roads and Transportation Association of
Canada regarding crossing sight distances for roadways.
8.20 SITE CONDITIONS
1. Unstable Slopes
a.
Development shall not be permitted on unstable slopes, land characterized by soil instability or land exhibiting evidence
of poor drainage unless it can be demonstrated to the satisfaction of the Development Authority that unique site
requirements warrant otherwise.
2. Steep Slopes
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a.
All development shall be setback a minimum of 15.0 m (49.2 ft.) from the toe and crest of any slope and slopes of fifteen
percent (15%) or greater, unless a lesser amount is identified in a geotechnical study prepared by a qualified professional
engineer registered in the Province of Alberta.
3. Flood Plains
a.
No development shall be permitted in the 1:100 year flood plain of a waterbody or water course, or as established by
Alberta Environment and Parks as otherwise prone to flooding or subsidence, unless the applicant demonstrates to the
satisfaction of the Development Authority that preventative engineering and construction measures can be used to make
the site suitable.
4. Wetlands
a.
All subdivision and development must be consistent with the requirements of the Alberta Wetland Policy. In order to
ensure consistency with this policy a proponent may be required at time of subdivision, development, area structure plan
preparation, or Land Use Bylaw amendment to provide the Summer Village with a Wetland Assessment, prepared by a
Certified Wetland Professional, which delineates and classifies all wetlands within the proposed development area.
Development that would cause the permanent destruction of permanent wetlands will be discouraged and will not be
permitted without the consent of Alberta Environment and Parks.
5. Subdivision and Development Setback
a.
The Subdivision Authority shall, as a condition of subdivision approval where applicable, require a 30.0 m (98.4 ft.)
Environmental Reserve be provided from all the top of bank of Sylvan Lake.
b.
The Subdivision Authority shall, as a condition of subdivision approval, require a 30.0 m (98.4 ft.) Environmental Reserve
be provided from all naturally occurring tributaries to Sylvan Lake, unless the recommendations of a qualified professional
as part of an environmental assessment identify that the Environmental Reserve indicate a greater or lesser reserve area.
The Environmental Reserve shall be measured from top of bank of the tributary.
c.
the Development Authority may impose a greater setback requirement from a waterbody, tributary, escarpment bank,
or any steep slope as part of a Development Permit application if the need for a greater setback is:
i. consistent with surrounding developments:
ii. supported by a geotechnical or environmental study prepared by a qualified professional; or
iii. identified by Alberta Environment and Parks.
6. Protection of Treed Areas
a.
the Development Authority may impose conditions on the approval of a development permit requiring the retention of
trees, or additional planting of such a type and extent that is considered necessary by the Development Authority;
b.
a site plan detailing the protection of existing treed areas and site topography may be required prior to issuance of a
permit for development.
7. Buffering
a.
The Development Authority may prescribe setback and/or buffering requirements for uses which may be incompatible
with adjacent land uses.
8. Screening
a.
The Development Authority may prescribe conditions for screening for those uses which include the outdoor storage of
goods, machinery, vehicles, building materials, waste materials and other similar uses.
9. Pipelines
a.
No development shall be permitted within a pipeline right-of-way or the required setback area from active wells,
batteries, processing plants or pipelines as recommended by the licensee and/or identified within the Subdivision and
Development Regulations.
b.
further, all development near abandoned wells shall occur in accordance with the Subdivision and Development
Regulations, AER Directive 079, Surface Development in Proximity to Abandoned Wells, and any other applicable federal
or provincial legislation and/or regulation(s).
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8.21 SOUR GAS FACILITIES
1. No development shall be permitted within 100.0 m (328.1 ft.) of a Level 1 sour gas facility (consisting of a well) as determined by
the AER.
2. In the case of a Level 2 sour gas facility as determined by the AER:
a.
no permitted dwelling shall be permitted within 100.0 m (328.1 ft.) of the sour gas facility; and
b.
no rural public facility shall be permitted within 500.0 m (1, 640.4 ft.); of the sour gas facility.
3. In the case of a Level 3 sour gas facility as determined by the AER:
a.
no permanent dwelling shall be permitted within 100.0 m (328.1 ft.) of the sour gas facility;
b.
no unrestricted country residential development having a density of more than eight (8) dwelling units per quarter section
shall be permitted within 500.0 m (1640.4 ft.) of the sour gas facility; and
c.
no rural public facility shall be permitted within 1500.0 m (4921.3 ft.) of the sour gas facility.
8.22 WELLS AND PIPELINES
1. All development in proximity to a well, pipeline or sour gas facility shall adhere to the setback requirements as determined by the
Alberta Energy Regulator.
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SPECIFIC DEVELOPMENT REGULATIONS
9.1 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS
1. An accessory building in a residential district shall be subordinate to the principal use in size, height, and use.
2. An accessory building shall not be constructed on an undeveloped lot unless it is associated with an approved development permit
for a principal dwelling.
3. The Development Authority shall only approve the development of an accessory building where there is an existing or approved
principal use or principal building on the site.
4. Subject to the provisions of Sections 9.1.2 and 9.1.3, accessory buildings shall be sited having regard to their:
a.
Environmental impact;
b.
Use;
c.
Accessibility; and
d.
Location in relation to other buildings on the parcel and the future use and/or subdivision of the parcel.
5. An accessory building on a parcel not abutting Sylvan Lake or a reserve parcel not abutting Sylvan Lake shall be situated so that:
a.
On an interior parcel, a minimum of:
i. 1.0 m (3.3 ft.) from the side parcel boundary;
ii. 3.0 m (9.8 ft.) from the rear parcel boundary;
iii. 6.0 m (19.7 ft.) from the front parcel boundary, and
b.
On a corner parcel, a minimum of:
i. 3.0 m (9.8 ft.) from the side boundary abutting the street;
ii. 1.0 m (3.3 ft.) from the other side parcel boundary;
iii. 6.0 m (19.7 ft.) from the front parcel boundary; and
iv. 3.0 m (9.8 ft.) from the rear parcel boundary.
c.
Notwithstanding the above, an accessory building or any portion thereof may be erected or placed on the front or side
boundary common to two parcels provided the accessory building serves the two abutting parcels.
6. An accessory building without a guest house above a garage shall not be more than 5.0 m (16.4 ft.) in building height measured
from grade.
7. An accessory building with a guest house above a garage shall not be more than 7.6 m (25.0 ft.) in building height measured from
grade.
8. An accessory building erected or placed on a parcel shall not be used as a principal dwelling.
9. The exterior of an accessory building must be finished to match or compliment the exterior finish of the principal building.
10. The footprint of an accessory building on lots smaller than 0.2 hectares (0.5 acres) in area shall be a maximum of 111.5 m2 (1,200
ft.²), and shall not exceed the maximum site coverage provisions in the applicable land use district.
11. The footprint of an accessory building on lots 0.2 hectares (0.5 acres) or more in area shall be a maximum of 223.0 m2 (2,400 ft.2),
and shall not exceed the maximum site coverage provisions in the applicable land use district.
9.2 DETACHED GARAGES
1. Parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
a.
In addition to the accessory building setbacks prescribed in Section 9.1, a detached garage shall be located a minimum of
6.0 m (19.7 ft.) from the rear parcel boundary if the overhead doors of the garage face a lane, street or rear property
boundary.
b.
Side entry detached garages:
i. Will only be permitted on parcels greater than 12.0 m (39.4 ft.) in width; and
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ii. Shall be located a minimum of 3.6 m (12.0 ft.) from the rear parcel boundary.
2. Parcels not abutting Sylvan Lake or a reserve parcel abutting the lake:
a.
In addition to the accessory building setbacks prescribed in Section 9.1, a detached garage shall be located a minimum of
6.0 m (19.7 ft.) from the front parcel boundary if the overhead doors of the garage face a lane, street or front parcel
boundary.
b.
Side entry detached garages:
i. Will only be permitted on parcels greater than 12.0 m (39.4 ft.) in width; and
ii. Shall be located a minimum of 3.6 m (12.0 ft.) from the front parcel boundary.
9.3 DRIVEWAYS AND PARKING
1. A developed non-permeable surfaced driveway shall be considered part of a lot's site coverage and (along with other developments
on the lot) shall not exceed the maximum site coverage regulation in the applicable Land Use District.
2. A development permit shall be required for a new driveway, or to increase the area of an existing driveway.
3. Driveway construction shall not disturb or disrupt municipal stormwater management infrastructure, and shall be constructed in
such a manner not to interfere with the natural flow or absorption of surface water.
4. Culverts shall be designed and installed to municipal standards at no cost to the Summer Village.
5. The maximum width of a driveway shall be 10.0 m (32.8 ft.). Driveway width shall be measured within the carriageway.
6. Driveways on corner parcels shall be setback from the street intersection not less than 6.0 m (19.7 ft.) where the driveway serves
not more than four (4) dwelling units.
7. In residential districts, the number of driveways shall be limited to not more than one (1) driveway on a property with less than or
equal to 40.0 m (131.2 ft.) and not more than two (2) driveways for properties with more than 40.0 m (131.2 ft.) of frontage.
8. Where the road storm drainage flow will be impacted by the construction of a driveway, at the discretion of the Development
Authority, driveways shall contain culverts and be graded to the satisfaction of the municipality.
9. No operator or owner of a heavy vehicle shall park a heavy vehicle on a parcel within a Residential District.
9.4 FENCING
1. Within the residential districts:
a.
For lakefront parcels abutting Sylvan Lake or a reserve parcel abutting the lake, fences:
i. Located within a rear yard of a parcel shall not exceed 1.0 m (3.3 ft.) in height.
ii. Located within a side yard of a parcel shall not exceed 2.0 m (6.6 ft.) in height.
iii. Located within the front yard of a parcel shall not exceed 1.0 m (3.3 ft.) in height.
iv. Located within the flankage yard of a parcel shall not exceed 1.0 m (3.3 ft.) in height.
b.
For parcels not abutting Sylvan Lake or a reserve parcel abutting the lake, fences:
i. Located within a rear yard or side yard of a parcel shall not exceed 2.0 m (6.6 ft.) in height.
ii. Located within the front yard of a parcel shall not exceed 1.0 m (3.3 ft.) in height.
iii. Located within the flankage yard of a parcel shall not exceed 1.0 m (3.3 ft.) in height.
c.
Fence height shall be determined by measuring from the top of the fence to the ground.
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2. Notwithstanding the requirements of Section 9.4.1.a.i, a fence in the rear yard of a lakefront lot may exceed 1.0 m (3.3 ft.) to a
maximum of 2.0 m (6.6 ft.) if the portion of the fence that exceeds 1.0 m (3.3 ft.) in height is constructed to allow for visual access
to the rear yard of the lot, to the satisfaction of the Development Authority.
3. Within other districts, a fence shall be sited to the discretion of the Development Authority.
9.5 HOME OCCUPATIONS
1. Home occupations shall not involve:
a.
activities that use or store hazardous material in quantities exceeding those found in a normal household; or
b.
any use that would, in the opinion of the development authority, materially interfere with or affect the use, enjoyment,
or value of neighbouring properties.
2. A home occupation shall not occupy more than 20% of the floor area of the main dwelling or 35 m2 (375 ft.²), whichever is the
lesser.
3. A minor home occupation shall comply with the following regulations:
a.
A minor home occupation shall not employ any person on-site other than a resident of the dwelling.
b.
No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance detectable beyond the
boundary of the lot on which the minor home occupation is located shall be produced by the home occupation.
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c.
There shall be no outdoor business activity, or outdoor storage of material or equipment associated with the minor home
occupation allowed on the site. Storage related to the minor home occupation shall be allowed only in either the dwelling
or accessory buildings.
d.
Business activities must be carried out entirely within the dwelling.
e.
Exterior alterations or additions to accommodate a minor home occupation shall not be allowed.
f.
There shall be no exterior signage, display, or advertisement.
4. A major home occupation shall comply with the following regulations:
a.
In addition to a development permit application, each application for a major home occupation shall be accompanied by
a description of the business to be undertaken in the dwelling, an indication of the anticipated number of business visits
per week, and details for the provision of parking along with other pertinent details of the business operation.
b.
The number of non-resident employees working on-site shall not exceed one (1) on-site, non-occupant employees.
c.
Up to eight (8) business visits per day are allowed.
d.
No more than one (1) commercial vehicle up to but not exceeding a gross vehicle weight of 5,500 kg (12,225 lbs.), to be
used in conjunction with the major home occupation, shall be parked or maintained on the site in a residential district.
The parking space for the commercial vehicle shall be adequately screened and sited behind the principal building to the
satisfaction of the Development Authority.
e.
The outdoor storage of productions and materials shall be prohibited.
f.
Any interior or exterior alterations or additions to accommodate a major home occupation may be allowed at the
discretion of the Development Authority, as along as such alterations comply with this Bylaw and the Alberta Safety Codes
Act and the regulations made thereunder.
g.
There shall be no exterior signage, display or advertisement other than a business identification sign, the size of which
shall be entirely at the discretion of the Development Authority.
h.
Business activities must be carried out entirely within the dwelling.
i.
When a development permit is issued for a major home occupation, such permit shall be terminated should the applicant
vacate the property for which the permit has been issued.
5. A permit issued for a major home occupation is valid for one (1) year or longer as determined by the Development Authority. It is
the obligation of the developer to seek renewal of a development permit prior to the expiry of the time period for which the initial
permit was issued. The Development Authority shall consider the renewal on its merits.
6. A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of the home occupation has
violated any provisions of this Bylaw or conditions of the approval of a development permit and complaints based on the operation
of the home occupation have been received.
9.6 PRIVATE POOLS AND DECORATIVE PONDS
1. For lots abutting Sylvan Lake or a reserve parcel abutting the lake, a private pool or decorative pond shall be located:
a.
at least 1.5 m (4.9 ft.) from the side and rear property lines;
b.
at least 6.0 m (19.7 ft.) from the front property line;
c.
In a front yard or side yard in an interior lot; and
d.
On a corner lot, located in a front yard or the side yard not adjacent to a public roadway.
e.
A decorative pond may be located in a rear yard if:
i. The pond is 0.6 m (23.6 inches) or less in depth; and
ii. The pond is located a minimum of 1.5 m (4.9 ft.) from the rear and side property lines.
2. For lots not abutting Sylvan Lake or a reserve parcel abutting the lake, a private pool or decorative pond shall be located:
a.
At least 1.5 m (4.9 ft.) from the side and rear property lines;
b.
In a rear yard or side yard in an interior lot; and
c.
On a corner lot, located in a rear yard or the side yard not adjacent to a public roadway.
d.
A decorative pond may be located in a front yard if:
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i. The pond is 0.6 m (23.6 inches) or less in depth; and
ii. The pond is located a minimum of 1.5 m (4.9 ft.) from the front and side property lines.
3. A private pool shall be enclosed by a secure lockable lid or fencing equipped with gates that lock in accordance with the Alberta
Building Code in effect at the date of the application for Development Permit.
9.7 PUBLIC PROPERTIES
1. Parking or leaving a vehicle on public property shall be in accordance with the Summer Village of Norglenwold Traffic Bylaw 207-
12, as amended.
2. The removal of trees and/or shrubs, excavation, grading or drainage alteration on any municipal reserve, environmental reserve or
other municipal owned land, without expressed written approval from the municipality, is prohibited.
3. Private development on any municipal reserve, environmental reserve or other municipal owned land is prohibited.
4. The prohibition in Section 9.7.3 does not apply to any uses listed in an applicable land use district and subject to expressed written
approval from the municipality.
5. No person shall erect or cause to be erected any fence on any property owned by the municipality without their expressed written
approval.
9.8 RECREATIONAL VEHICLES
1. The placement of a recreational vehicle on a lot requires a development permit.
2. A development permit application to place an recreational vehicle on a lot shall indicate:
a.
where the recreational vehicle will be placed on a lot on a permanent basis;
b.
how potable water, wastewater, and utilities will be provided; and
c.
where onsite parking will be provided.
3. Except as noted in 9.8.4 below, a recreational vehicle shall not be placed on an undeveloped lot.
4. A maximum of one (1) recreational vehicle is permitted on an undeveloped lot on a temporary basis (with a development permit)
in order to provide temporary accommodation (during construction) for a principal dwelling for which a development permit has
been issued. The recreational vehicle must have approved potable water system and wastewater system that complying with
current provincial requirements.
5. Additional recreational vehicles may be allowed on a lot on a temporary basis at the discretion of the Development Authority.
6. Recreational vehicles shall adhere to the front, rear, and side yard requirements of dwellings and accessory buildings identified in
the applicable Land Use District.
7. A recreational vehicle on a lot shall be considered part of a lot's site coverage and (along with other developments on the lot) shall
not exceed the maximum site coverage regulation in the applicable Land Use District.
8. Recreational vehicles on developed lots must be located entirely within the boundaries of the lot.
9. The towing vehicle associated with the recreational vehicle shall be parked entirely on the lot and not on the adjacent roadway.
10. Recreational vehicles shall not be located within a front yard on a lakefront lot.
11. All recreational vehicles shall not be permitted to dispose of wastewater and greywater on the ground within the Summer Village.
12. A maximum of one (1) recreational vehicle may be stored permanently on a residential lot.
13. The storage of a recreational vehicle year-round on a residential lot may be allowed under the following conditions:
a.
The recreational vehicle:
i. Is entirely contained within the lot;
ii. Conforms to the front, rear, and side yard requirements of dwellings and accessory buildings identified in the
applicable Land Use Districts and the regulations in Section 9.8.8; and
iii. Is located on a hard surfaced or gravel pad.
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14. Notwithstanding section 9.8.13 above, at the discretion of the Development Authority Officer a recreational vehicle may be allowed
year-round in a front yard on a hard surfaced or gravel pad if there is a minimum of 3.1 m (10.0 ft.) between the recreational vehicle
when parked and the edge of sidewalk or, where there is no sidewalk, 3.1 m (10.0 ft.) from the back of curb adjacent to the lot.
Where there is no curb or sidewalk, the required setback from a front lot line shall normally be 3.1 m (10.0 ft.).
15. Underground permanent utilities (e.g. water, wastewater, and dedicated power connections) are strictly prohibited for recreational
vehicles in the Summer Village.
16. Recreational vehicles and recreational vehicle stalls shall not be rented for compensation.
17. Recreational vehicles must remain on private property at all times and cannot be stored or used on municipal land.
18. In no instance will the placement of a recreational vehicle in a front yard be allowed where the recreational vehicle would impede
or obstruct the safety of pedestrians or vehicle traffic on adjacent sidewalks or roadways.
9.9 SUITES
1. A maximum of one (1) guest house suite is allowed on a lot.
2. A guest house suite (including a garage suite) shall not be allowed on an undeveloped lot.
3. Secondary suites and security suites shall be prohibited in the Summer Village.
4. In situations where a detached dwelling is being rented out and there is a guest house on the parcel, the guest house shall not be
rented out to a separate party other than those renting the detached dwelling.
5. A guest house suite may not include a food preparation area, refrigerator, stove or provision of 220 volt wiring.
6. A site plan showing the location of the guest house suite on the lot, provisions for off-street parking and access to the guest house
shall be provided by the applicant.
7. As a condition of the development permit, the guest house suite shall be connected to the municipal wastewater disposal system.
The applicant shall be required to demonstrate that the system has sufficient capacity for the additional use and meets the
requirements of the Wastewater Commission and the Summer Village.
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8. Other requirements for suites shall be as per the table below:
GUEST HOUSE SUITES
MAXIMUM HEIGHT
7.6 m (25.0 ft.)
MINIMUM FLOOR AREA
30.0 m2 (323.0 ft.²)
MAXIMUM FLOOR AREA
(and shall not exceed the floor area of the principal building)
83.6 m2 (900.0 ft.²)
MINIMUM # OF ADDITIONAL ON-SITE PARKING SPACES REQUIRED
1
9. The maximum floor area for a guest house shall not enable a scenario whereby the total development on a lot exceeds the maximum
site coverage regulations in the applicable Land Use District.
9.10 TOURIST HOMES
1. Tourist homes are not permitted within the Summer Village of Norglenwold.
2. The rental of dwellings in the Summer Village for a period longer than 30 consecutive days does not constitute a tourist home.
3. Persons found operating a tourist home within the Summer Village may be issued a penalty for the offense as identified in the
Summer Village's Fees Bylaw.
9.11 GUIDELINES FOR OTHER LAND USES
1. All uses which are not covered by the regulations of Sections 8 and 9 of this Land Use Bylaw shall, in accordance with the following
guidelines, be:
a.
Separated from adjacent uses by such a distance as to ensure that there will be no adverse impact upon or by those
adjacent uses;
b.
At a density which is consistent with that prevailing in the area, unless otherwise provided for in a statutory plan;
c.
Setback from any parcel boundary abutting a road or a reserve a sufficient distance to ensure that the development will
not be visually intrusive, having regard to any possible changes in surrounding uses;
d.
Of a height which will be consistent with that prevailing in the area;
e.
Developed in such a manner that there will be no adverse impact upon or by traffic on adjacent roads; and
f.
Developed in conformance with any applicable statutory plan policies.
9.12 LAKESIDE BUILDINGS
1. All buildings, such as decks, outdoor patio areas, pergolas, woodsheds and other similar structures are not considered an accessory
building and shall be setback a minimum 3m (9.8') from top of escarpment.
2. Any decks (not considered a projection), and patios shall be ground level only and with a maximum floor area of 18.58m2 (200ft2).
3. Any pergolas, woodsheds or other similar structures shall be a maximum height of 3.04m (10').
4. No buildings shall be located on or project over the escarpment.
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LAND USE DISTRICTS
10.1 ESTABLISHMENT OF LAND USE DISTRICTS
1. For the purpose of this Land Use Bylaw, the municipality is divided into the following districts:
LAND USE DISTRICT
SYMBOL
COLOUR
SHORELINE RESIDENTIAL
R1
YELLOW
ESTATE RESIDENTIAL
R2
ORANGE
ENVIRONMENTAL OPEN SPACE
EO
GREEN
COMMUNITY AND RECREATION
CR
BLUE
2. The boundaries of the districts listed in Section 10.1.1 are as delineated on the Land Use District Map show in Section 15 of this
Land Use Bylaw. All roads, water courses and lakes are excluded from the land use districts.
3. Where the location of district boundaries on the Land Use District Map is not clearly understood, the following rules shall apply:
a.
A boundary shown as approximately following a parcel boundary shall be deemed to follow the parcel boundary;
b.
A boundary which does not follow a parcel boundary shall be located by measurement of the Land Use District Map; and
c.
A boundary location which cannot be satisfactorily resolved, shall be referred to Council for an official interpretation.
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- R1
SHORELINE RESIDENTIAL DISTRICT
11.1 GENERAL PURPOSE
1. To provide an area for low density residential development in the form of single-detached dwellings and compatible uses.
11.2 USES
A. PERMITTED USES
B. DISCRETIONARY USES
i. Accessory Buildings where the total floor area is 53.5 m2
(578.0 ft.²) or less
i. Accessory Buildings where the total floor area is over 53.5
m2 (578.0 ft.²)
ii. Day Homes
ii. Apiaries (for colonies greater than 1,000 bees and/or more
than 1 queen)
iii. Dwellings, Single-Detached
iii. Suites, Guest House
iv. Home Occupations, Minor
iv. Home Occupations, Major
v. Modular Home
vi. Parks and Playgrounds
vii. Public and Quasi-Public Uses
viii. Signs
ix. Temporary Buildings
x. Walkways
11.3 MINIMUM PARCEL REQUIREMENTS
A. WIDTH
15.2 m (50.0 ft.)
B. AREA
697.0 m2 (7,502 ft.²)
Parcels not complying with the foregoing and legally created prior to promulgation of
Alberta Regulation 132/78 (April 1978) are not subject to foregoing, but shall have an area
not less than 520.0 m² (5,597 ft.²).
11.4 PARCEL SERVICING
1. No building may be erected or development commenced on parcels which are not proposed to be served by a piped water or
wastewater system until arrangements, satisfactory to the Provincial Plumbing Inspector, Alberta Labour and the Public Health
Unit, have been made for collection, storage, if any, and disposal of wastewater.
2. The Development Authority shall either refuse to issue a Development Permit for any building, structure or works, unless
arrangements under (1) above have been completed, or issue a Development Permit subject to the conditions that arrangements
under (1) above shall be completed prior to the commencement of the development.
3. Electrical power from the property line of any parcel to any building situate on the parcel shall be constructed underground.
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11.5 SITE DEVELOPMENT
1. Unless otherwise provided in a development agreement registered by the municipality by caveat on the title to any parcel the
following provisions shall apply:
A. MINIMUM FRONT
YARD
7.5 m (24.6 ft.) to the habitable dwelling unit from:
a.
The front parcel boundary; or
b. The top of the escarpment; or
c.
The high water mark;
Whichever is closest to the dwelling unit.
6.0 m (19.7 ft.) to a garage attached to (and structurally part of) the principal building.
B. MINIMUM SIDE YARD
1.5 m (4.9 ft.) or ten (10) percent of the parcel width, whichever is greater, to a maximum of 3.0
m (9.8 ft.), or as required by the Alberta Building Code (whichever is greater).
C. MAXIMUM SITE
COVERAGE
50%
D. MINIMUM
VEGETATION COVERAGE
45%, of which 10% of the total lot area must be covered in trees and shrubs.
E. MAXIMUM DWELLING
HEIGHT
10.0 m (32.8 ft.) measured from grade.
F. MINIMUM FLOOR
AREA
100.0 m2 (1,076 ft.²)
G. PARKING STALLS
All parking stalls shall have a dimension of not less than 2.7 m (9.0 ft.) by 5.5 m (18.0 ft.).
H. MINIMUM PARKING
(DETACHED DWELLING)
Two (2) parking stalls per dwelling.
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I. MINIMUM PARKING
(ALL OTHER USES)
As required by the Development Authority.
11.6 ADDITIONAL REGULATIONS
1. All uses must comply with the regulations in Section 8 and 9 of this Land Use Bylaw.
2. Shoreline erosion control measures are prohibited unless prior written approval has been received from the Alberta Environment
and Parks and the Summer Village of Norglenwold.
3. Lot grading and landscaping shall comply with the regulations in Sections 8.11 and 8.13 of this Land Use Bylaw.
4. Lands subject to an environmental reserve easement must remain in their natural state.
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- R2
ESTATE RESIDENTIAL DISTRICT
12.1 GENERAL PURPOSE
1. To provide an area for very low density residential development in the form of detached dwellings and compatible uses, on parcels
not abutting the lake or a reserve parcel abutting the lake.
12.2 USES
A. PERMITTED USES
B. DISCRETIONARY USES
i.
Accessory Buildings where the total floor area is 53.5
m2 (578.0 ft.²) or less
i.
Accessory Buildings where the total floor area is over
53.5 m2 (578.0 ft.²)
ii.
Day Homes
ii.
Apiaries (for colonies greater than 1,000 bees and/or
more than 1 queen)
iii.
Dwellings, Single-Detached
iii.
Suites, Guest Houses
iv.
Home Occupations, Minor
iv.
Home Occupations, Major
v.
Modular Home
vi.
Parks and Playgrounds
vii.
Public and Quasi-Public Uses
viii.
Signs
ix.
Temporary Buildings
x.
Walkways
12.3 MINIMUM PARCEL REQUIREMENTS
A. WIDTH
30.5 m (100.0 ft.)
B. AREA
1,860 m2 (20,020 ft.²)
Parcels not complying with the foregoing and legally created prior to promulgation of
Alberta Regulation 132/78 (April 1978) are not subject to foregoing, but shall have an area
not less than 520.0 m² (5,597 ft.²).
12.4 PARCEL SERVICING
1. No building may be erected or development commenced on parcels which are not proposed to be served by a piped water or
sewerage system until arrangements, satisfactory to the Provincial Plumbing Inspector, Alberta Labour and the Public Health Unit,
have been made for collection, storage, if any, and disposal of sewage.
2. The Development Authority shall either refuse to issue a Development Permit for any building, structure or works, unless
arrangements under (1) above have been completed, or issue a Development Permit subject to the conditions that arrangements
under (1) above shall be completed prior to the commencement of the development.
3. Electrical power from the property line of any parcel to any building situate on the parcel shall be constructed underground.
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12.5 SITE DEVELOPMENT
1. Unless otherwise provided in a development agreement registered by the municipality by caveat on the title to any parcel the
following provisions shall apply:
A. MINIMUM FRONT
YARD
7.5 m (24.6 ft.) to the habitable dwelling unit from the front parcel boundary.
6.0 m (19.7 ft.) to a garage attached to (and structurally part of) the principal building.
B. MINIMUM SIDE YARD
1.5 m (4.9 ft.) or ten (10) percent of the parcel width, whichever is greater, to a maximum of 3.0
m (9.8 ft.), or as required by the Alberta Building Code (whichever is greater).
C. MAXIMUM SITE
COVERAGE
50%
D. MINIMUM
VEGETATION COVERAGE
45%, of which 10% of the total lot area must be covered in trees and shrubs.
E. MAXIMUM DWELLING
HEIGHT
10.0 m (32.8 ft.) measured from grade.
F. MINIMUM FLOOR
AREA
100.0 m2 (1,076 ft.²)
G. PARKING STALLS
All parking stalls shall have a dimension of not less than 2.7 m (9.0 ft.) by 5.5 m (18.0 ft.).
H. MINIMUM PARKING
(DETACHED DWELLING)
Two (2) parking stalls per dwelling.
I. MINIMUM PARKING
(ALL OTHER USES)
As required by the Development Authority.
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12.6 ADDITIONAL REGULATIONS
1. All uses must comply with the regulations in Section 8 and 9 of this Land Use Bylaw.
2. Lot grading and landscaping shall comply with the regulations in Sections 8.11 and 8.13 of this Land Use Bylaw.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
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- EO
ENVIRONMENTAL OPEN SPACE DISTRICT
13.1 GENERAL PURPOSE
1. To provide an area for the preservation of municipal land in its natural state.
13.2 USES
A. PERMITTED USES
B. DISCRETIONARY USES
i.
Natural Areas
i.
Accessory Buildings and Uses
ii.
Parks and Playgrounds
ii.
Signs (public)
iii.
Trails
iv.
Utility Buildings
v.
Walkways
vi.
Any use that is similar, in the opinion of the
Development Authority, to the permitted uses or
discretionary uses described above.
13.3 SITE DEVELOPMENT
A. PARKING STALLS
All parking stalls shall have a dimension of not less than 2.7 m (9.0 ft.) by 5.5 m (18.0 ft.).
B. MINIMUM PARKING
(ALL USES)
As required by the Development Authority.
13.4 ADDITIONAL REGULATIONS
1. All uses must comply with the regulations in Section 8 and 9 of this Land Use Bylaw.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
63
- CR
COMMUNITY AND RECREATION DISTRICT
14.1 GENERAL PURPOSE
1. To provide an area for the development of public land for major multi-use recreational facilities, and other uses, herein listed, which
are compatible with the area.
14.2 USES
A. PERMITTED USES
B. DISCRETIONARY USES
i.
Parks and Playgrounds
i.
Accessory Buildings and Uses
ii.
Recreation Facilities
ii.
Parking Facilities, Public
iii.
Public and Quasi-Public Uses
iv.
Signs (public)
v.
Utility Buildings
vi.
Any use that is similar, in the opinion of the
Development Authority, to the permitted uses or
discretionary uses described above.
14.3 SITE DEVELOPMENT
1. Unless otherwise provided in a development agreement registered by the municipality by caveat on the title to any parcel the
following provisions shall apply:
A. MINIMUM FRONT YARD
9.0 m (29.5 ft.)
B. MINIMUM SIDE YARD
3.0 m (9.8 ft.) or as required in the Alberta Building Code, whichever is greater
C. MINIMUM REAR YARD
6.0 m (19.7 ft.)
D. MAXIMUM BUILDING
HEIGHT
12.0 m (39.4 ft.)
E. PARKING STALLS
All parking stalls shall have a dimension of not less than 2.7 m (9.0 ft.) by 5.5 m (18.0 ft.).
F. MINIMUM PARKING
(ALL USES)
As required by the Development Authority.
G. OUTDOOR STORAGE
AND DISPLAY
Outdoor storage shall be screened.
Outdoor display is not allowed.
14.4 ADDITIONAL REGULATIONS
1. All uses must comply with the regulations in Section 8 and 9 of this Land Use Bylaw.
Summer Village of Norglenwold Land Use Bylaw | Bylaw #267-22
64
LAND USE DISTRICT MAP
SUMMER VILLAGE OF
0
300
600
900
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Digital Information: Geogratis,
Geodiscover, and Altalis
Projection: UTM NAD 83 12N
NORGLENWOLD
LAND USE DISTRICT MAP
LAND USE DISTRICTS
R1 - Shoreline Residential District
R2 - Estate Residential District
CR - Community and Recreation District
EO - Environmental Open Space District
TOWN OF SYLVAN LAKE
RED DEER COUNTY
SYLVAN LAKE
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