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Land Use Bylaw No. 2018-01
Office Consolidation as of September 19, 2022
SUMMER VILLAGE OF PARKLAND BEACH
LAND USE BYLAW
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HOW TO USE THIS BYLAW
The Summer Village of Parkland Beach Land Use Bylaw establishes the regulations
which govern development in our community. The regulations vary depending on
where the land is located and what type of development is proposed.
Step 1
Locate your property in question on the Land Use District Map attached as Schedule "A"
at the end of the Bylaw.
The map divides the Summer Village into Land Use Districts. Each District has a
designation such as "R" (Residential), or "C" (Commercial). Note the Land Use District
where the property is located.
Step 2
Check the Table of Contents and find the District that applies to your property. In each
District you will find a list of permitted and discretionary uses, development standards
and other regulations. Check the list of uses to see if there is a match with your
proposed development. Many of the uses are clarified in "Definitions", Section 1.9 of
the Bylaw.
Step 3
Review the Table of Contents to see if there are any general regulations which may
apply to your project. For example, Part 8 General Regulations deals with such items as
accessory buildings, parking, recreational vehicles, etc. It also includes regulations for
home occupations, bed and breakfasts, signs, and other uses and topics.
Step 4
Discuss your project with the Summer Village Development Officer. They can assist you
with your application and explain the process, whether you are applying for a
development permit, subdivision, or Land Use Bylaw amendment.
If you have questions or need assistance with the bylaw, please visit the Summer
Village office at #9 Parkland Beach Road, or call (403) 843-2055.
*NOTE: This page is intended only to assist readers and does not form part of the Land
Use Bylaw.
METRIC CONVERSION
This Bylaw is written in metric. To convert meters to feet, multiply the number of
meters by 3.28 to get the approximate dimension in feet. Some typical
dimensions used in the Bylaw and their Imperial equivalents are as follows:
m
feet
0.5
1.64
1.0
3.28
2.0
6.56
3.0
9.84
4.0
13.12
5.0
16.40
6.0
19.69
7.5
24.61
8.0
26.24
9.0
29.53
10.0 32.80
12.0 39.37
15.0 49.20
35.0 114.83
40.0 131.23
To convert m2 to square feet, multiply the number of m2 by 10.764 to get the
number of square feet. Some typical conversions are as follows:
m2
square feet
1.5
16.15
7.5
80.73
9.0
96.88
310
3336.92
420
4520.99
465
5005.38
570
6135.63
600
6458.56
850
9149.62
1300 13993.54
8000 86114.10
*NOTE: This page is intended only to assist readers and does not form part of the
Land Use Bylaw.
Table of Contents
PART 1 INTRODUCTION .............................................................................................................. 1
1.1
Short Title .......................................................................................................... 1
1.2
Purpose .............................................................................................................. 1
1.3
Compliance With Other Legislation ..................................................................... 1
1.4
Sections Found Invalid ........................................................................................ 2
1.5
Rules of Interpretation ........................................................................................ 2
1.6
Establishment of Forms and Notices ................................................................... 2
1.7
Establishment of Fees ......................................................................................... 3
1.8
Establishment of Districts ................................................................................... 3
1.9
Definitions .......................................................................................................... 3
PART 2 DEVELOPMENT AUTHORITY ................................................................................. 17
2.1
Development Officer ......................................................................................... 17
2.2
Municipal Planning Commission ....................................................................... 17
2.3
Granting Variances ........................................................................................... 18
2.4
Development Permit Required ........................................................................... 19
2.5
Development Not Requiring a Development Permit ........................................... 19
PART 3 DEVELOPMENT PERMITS ......................................................................................... 21
3.1
Application for Development ............................................................................ 21
3.2
Complete and Incomplete Applications ............................................................. 23
3.3
Development Referrals ...................................................................................... 25
3.4
Time Limits ...................................................................................................... 25
3.5
Permitted Use Decisions and Conditions ........................................................... 25
3.6.
Discretionary Use Decisions and Conditions...................................................... 27
3.7
Notification of Decision .................................................................................... 29
3.8
Effective Date of Permit .................................................................................... 30
3.9
Expiry and Validity of Permit ............................................................................. 30
3.10 Re-Application for a Development Permit .......................................................... 30
PART 4 SUBDIVISION APPROVAL APPLICATIONS ....................................................... 31
4.1
Subdivision Applications ................................................................................... 31
PART 5 DEVELOPMENT APPEALS ........................................................................................ 33
5.1
Appeals ............................................................................................................ 33
PART 6 CONTRAVENTION AND ENFORCEMENT......................................................... 35
6.1
Contravention ................................................................................................... 35
6.2
Offences and Penalties ...................................................................................... 37
PART 7 AMENDING THE LAND USE BYLAW ................................................................... 39
PART 8 GENERAL REGULATIONS ......................................................................................... 44
8.1.
Accessory Buildings .......................................................................................... 44
8.1.1.
All Districts ................................................................................................ 44
8.1.2.
Residential Districts .................................................................................... 44
8.1.3.
Secondary Suites ........................................................................................ 45
8.2.
Alternative Energy Collecting and Storing Devices ............................................. 45
8.3.
Bed and Breakfast Establishments ..................................................................... 47
8.4.
Building Demolition .......................................................................................... 47
8.5.
Building Orientation and Design ....................................................................... 47
8.6.
Communication Towers .................................................................................... 48
8.7.
Corner Visibility Setbacks ................................................................................. 49
8.8.
Driveways ......................................................................................................... 49
8.9.
Fencing and Screening ...................................................................................... 50
8.10. Home Occupations ........................................................................................... 51
8.11. Manufactured Homes ........................................................................................ 52
8.12. Moved-In Buildings ........................................................................................... 52
8.13. Non-Conforming Uses and Buildings ................................................................. 53
8.14. Number of Dwelling Units on a Parcel ............................................................... 53
8.15. Objects Prohibited or Restricted in Yards .......................................................... 54
8.16. Outdoor Hot Tubs and Whirl Pools .................................................................... 54
8.17. Parking ............................................................................................................. 55
8.18. Personal Recreational Use ................................................................................. 57
8.19. Projections into Yards ....................................................................................... 58
8.20. Recreational Vehicles ........................................................................................ 59
8.21 Signs ................................................................................................................ 59
8.22 Special Setback Regulations and Requirements ................................................. 60
8.22.1. Sites Adjacent Pipeline Rights-of-Way .......................................................... 60
8.23 Tourist Homes .................................................................................................. 61
8.24 Temporary Buildings ......................................................................................... 61
8.25 Site Grading, Placement of Fill and Drainage of Properties ................................ 62
PART 9 DISTRICT REGULATIONS ......................................................................................... 64
9.1.
Residential (R) District ...................................................................................... 64
9.2.
Commercial (C) District ..................................................................................... 66
9.3.
Park (P) District ................................................................................................. 72
9.4.
Public Institutional (I) District ............................................................................ 73
Schedule A - Land Use District Map ............................................................................ 74
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Page | 1
Part 1 Introduction
1.1
Short Title
The title of this Bylaw shall be the Summer Village of Parkland Beach Land Use
Bylaw.
1.2
Purpose
The purpose of this Bylaw is to regulate the use and development of land and
buildings within the Summer Village to achieve the orderly and economic
development of land, and for that purpose, amongst other things:
1. To divide the municipality into districts:
2. To prescribe and regulate for each district the purposes for which land and
buildings may be used;
3. To establish the office of the Development Officer;
4. To establish a method of making decisions on applications for development
permits including the issuing of development permits;
5. To prescribe a procedure to notify owners of land likely to be affected by the
issuing of a development permit.
1.3
Compliance With Other Legislation
Compliance with the requirements of this Land Use Bylaw does not exempt any
person from:
1. The requirements of any federal, provincial or other municipal legislation:
2. Complying with any easement, covenant, agreement or contract affecting the
development, and;
3. The obligation to obtain any other permit, license or other authorization
required by this or any other bylaw.
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1.4
Sections Found Invalid
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, it is intended that all remaining provisions are to remain in full force and
effect.
1.5
Rules of Interpretation
1. Words used in the present tense include the other tenses and derivative forms.
Words used in the singular include the plural and vice versa. Words used in the
masculine gender shall also mean the feminine gender and the neuter. Words
have the same meaning whether they are capitalized or not.
2. Words, phrases and terms not defined in this Land Use Bylaw may be given their
definition in the Municipal Government Act, Matters Relating to Subdivision and
Development Regulation or the Alberta Building Code. Other words shall be
given their usual and customary meaning.
3. The words "shall" and "must" require mandatory compliance except where a
variance has been granted pursuant to this Land Use Bylaw.
4. Where a specific use does not conform to the wording of any one use definition,
the Development Authority may deem that the use conforms to that use class
considered to be the most appropriate and substantially similar in nature. In
such case, the use shall be considered a discretionary use, whether or not the
use class is listed as permitted or discretionary within the District.
5. Imperial equivalents are provided beside every metric value in this Land Use
Bylaw for convenience. Such equivalents are rounded to the nearest whole
number. The metric value is the actual standard to be used.
1.6
Establishment of Forms and Notices
1. For the purpose of administering this Land Use Bylaw, the Development Officer
shall prepare such forms and notices as they 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.
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1.7
Establishment of Fees
1. The Development Permit application fee and fees for other matters arising
through this Land Use Bylaw shall be as established by a bylaw adopted by
Council. Council may at any time increase, decrease or establish new fees for
matters covered by this Bylaw.
1.8
Establishment of Districts
1. For the purposes of this Land Use Bylaw, the Summer Village of Parkland Beach
is divided into the following districts:
Residential
R
Commercial
C
Park
P
Public and Institutional
I
2. The boundaries of the Districts listed in subsection (1) are as delineated on the
Land Use District Map being Schedule A attached hereto. All roads, water
courses, and lakes are excepted 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 off the Land Use District Map; and
(c)
A boundary location which cannot be resolved shall be referred to Council
for an official interpretation. Council's interpretation shall be final.
1.9
Definitions
Accessory Building means a building which is separate and subordinate to the
principal building and/or use of the parcel, the use of which is incidental to that
main building or use and is located on the same parcel of land, and includes such
things as a garage, greenhouse, garden shed or workshop but does not include a
temporary building or soft-sided building.
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Accessory Use means a use which is subordinate, incidental and directly related to
the principal use of the parcel or site and which does not substantially add to the
patronage, volume of traffic, or intensity of the use of the premises or parcel of land
with such main use.
Accessory Motel means a building on a parcel of land designed and operated to
provide temporary sleeping accommodation for travellers and contains up to six (6)
separate sleeping units, each which is provided with an adjoining or conveniently
located parking space.
Act means the Municipal Government Act, as amended from time to time.
Adjacent Land means land that is contiguous to the parcel of land that is the
subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream and land that is within 6m of the land that is the
subject of an application.
Agricultural Operation means an agricultural activity conducted on agricultural
land for gain or reward or in the hope or expectation of gain or reward, and includes
but is not limited to:
a) the cultivation of land;
b) the raising of poultry and livestock, including game-production animals within
the meaning of the Livestock Industry Diversification Act;
c) the raising of fur-bearing animals, birds or fish;
d) the production of agricultural field crops;
e) the production of fruit, vegetables, sod, trees, shrubs and other special
horticultural crops;
f) the production of eggs and milk;
g) the production of honey;
h) the operation of agricultural machinery and equipment, including irrigation
pumps; and
i) the application of fertilizers, manure, insecticides, pesticides, fungicides and
herbicides, including application by ground and aerial spraying, for
agricultural purposes.
Alcohol Sales means the retail sale of alcoholic beverages including distilled
spirits, wine and beer to the public. This use is for high volume sales with quick
Page | 5
customer turnover. This principal use may include as a subordinate use the retail
sale of related products.
Bed and Breakfast means a detached dwelling occupied by the property owner or
the bed and breakfast host as a primary residence in which overnight
accommodation and a breakfast meal are offered to registered guests for a fee.
Building includes anything constructed or placed on, in, over or under land but
does not include a highway or public roadway or a bridge forming part of a highway
or public roadway.
Building Height means the vertical distance between grade and the highest point
of a building, excluding an elevator housing, mechanical housing, roof stairway
entrance, ventilating fan, skylight, steeple, chimney, smoke stack, fire wall, parapet
wall, flagpole or similar device not structurally essential to the building.
Campground means a commercial development of a parcel or part thereof on
which tents or recreation vehicles may be located on sites to provide overnight or
short term accommodation.
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis
Act (Canada) and its regulations, as amended from time to time, and includes
edible products that contain cannabis.
Cannabis Accessory means a thing, including but not limited to, rolling paper or
wraps, holders, pipes, water pipes, bongs and vaporizers, or any other thing
described in the Cannabis Act (Canada) that is used in the consumption or
production of cannabis.
Cannabis Lounges means an establishment where the primary purpose of the
facility is the sale of cannabis and cannabis accessories to the public, for
consumption of cannabis within the premises that is authorized by provincial or
federal legislation. This use does not include Cannabis Production and Distribution.
Cannabis Production and Distribution means an establishment used principally
for one or more of the following activities as it relates 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 goods and
products;
Page | 6
(d) The storage or transshipping of materials, goods and products; or
(e) The distribution and sale of materials, goods and products to Cannabis Retail
Sales stores or to individual customers.
Cannabis Retail Sales means an establishment used for the retail sale of cannabis
and cannabis accessories that is authorized by provincial or federal legislation. This
use does not include Cannabis Production and Distribution.
Carport means a roofed structure used for storing or parking of not more than two
private vehicles which has not less than 40 percent of its total perimeter open and
unobstructed.
Commercial Recreation and Entertainment means a facility which provides for
recreation or entertainment for a gain or a profit. This includes movie theatres, live
theatres, dancing, arcades, billiard or pool halls, bingo halls, bowling alleys,
gymnasiums, racquet courts, simulated golf, and roller skating but does not include
adult entertainment or drinking establishments.
Convenience Store means a retail store which serves the day-to-day needs of
neighbourhood residents and employees. This does not include cannabis retail
sales.
Corner Site means a site at the intersection of and abutting two or more streets.
Council means the Council of the Summer Village of Parkland Beach.
Crime Prevention Through Environmental Design (CPTED) means a set of
principles intended to prevent crime by changing or managing the physical
environment to produce behavioural effects that will reduce the incidences and fear
of crime.
Deck means an uncovered, unenclosed platform that is intended for use as an
outdoor amenity space.
Detached Dwelling means a residential building containing only one dwelling unit,
which is not attached to any other residential building but shall not include a
manufactured home.
Developer means an owner, agent or any person, firm or company required to
obtain, or having obtained a development permit.
Development means development as defined in the Act, and includes the following:
(a) an excavation or stockpile and the creation of either of them,
Page | 7
(b) a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land of any of
them,
(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 for the purposes of this Land Use Bylaw includes:
(e) removal of topsoil, placement of fill, or any change in lot grading;
(f) demolition of a building; and
(g) use of land for parking recreation vehicles, portable dwellings, skid shacks
or any other type of portable building.
Development Agreement means a written agreement between the municipality and
a developer which establishes particular circumstances and conditions under which
a development may be carried out.
Development Authority means the person or persons appointed pursuant to the
Development Authority Bylaw and the Municipal Planning Commission.
Development Officer means a person delegated to fulfil the role of Development
Officer pursuant to this Land Use Bylaw.
Development Permit means a document authorizing a development issued
pursuant to this Land Use Bylaw. A development permit is separate and distinct from
a building permit.
Discretionary Use means a use of land or a building referred to as a discretionary
use in the Land Use Districts of this Land Use Bylaw which may be compatible with
the other uses in the District and for which, subject to the provisions of this Land
Use Bylaw, a development permit may be issued, with or without conditions.
District means a Land Use District.
Drinking Establishment means an establishment that has the primary purpose of
selling alcoholic beverages for consumption on the premises and the secondary
purposes of which may include entertainment, dancing, the preparation and the sale
of food for consumption on the premises. A drinking establishment includes any
Page | 8
premises in respect of which a "Class A" liquor license has been issued and where
minors are prohibited by the terms of the license. This does not include cannabis
lounge.
Driveway means a vehicle access route between the carriageway of a road and a use
on a parcel.
Dwelling Unit means a complete building or self-contained portion of a building for
the use of one or more individuals living as a single housekeeping unit, containing
sleeping, cooking and separate toilet facilities intended as a permanent residence
and having an independent entrance either directly from the outside of the building
or through a common area inside the building.
Easement means a right to use land, generally for access to other property or as a
right-of-way for a public utility.
Educational Uses means a place of instruction under the jurisdiction of a
government authority and includes a day nursery and residence buildings for staff
and students.
Encroachment means any obstruction or intrusion extending from a property onto
an adjoining public right-of-way or onto adjoining land.
Encroachment Agreement means a written agreement between the municipality
and a property owner which establishes particular circumstances and conditions
under which a use or building on the property may incorporate the use of adjoining
land owned or controlled by the municipality or a written agreement between two
property owners which establishes particular circumstances and conditions under
which a use or building on one property may incorporate the use of adjoining land
owned or controlled by a different property owner.
Enforcement Officer means a person delegated to enforce any or all of the
provisions of the Land Use Bylaw.
Essential Public Service means a development that is necessary for the continued
health, safety or welfare of residents and members of the public. This includes fire
stations, ambulance services, police stations and similar facilities.
Excavation means any breaking of ground, except common household gardening
and ground care.
Fence means a vertical physical barrier constructed to prevent visual intrusion,
sound abatement, or unauthorized access.
Page | 9
Floor Area means
(a) for residential buildings, the total area of all floors in a building measured
from the outside of exterior walls including a basement, but excluding floor
areas of cellars, attached garages, sheds, carports, or open porches in all
residential buildings, or
(b) for commercial buildings, the total area of all floors in a building measured
from the outside of exterior walls including basements and cellars but
excluding mall areas.
Frontage means the length of a street boundary from which principal access is
gained to a lot.
Front Parcel Boundary means, in the case of an interior parcel, the boundary which
abuts a street and in the case of a corner parcel, means the shorter of the two
boundaries which abut a street.
Front Yard means that portion of the site that is closest to the front parcel
boundary and within the minimum front yard distance required by the applicable
district, as measured from the front parcel boundary.
Gas Bar means a site or portion thereof used for the sale of gasoline, propane and
other fuels, the sale of lubricating oils and other automotive fluids or motor vehicle
accessories but does not include service stations or automotive repair
establishments.
Hard Surfacing means asphalt, concrete, paving stone or similar material
satisfactory to the Development Authority that is used in the construction of a
driveway or parking area but does not include gravel or granular materials.
Holding Tank means the use of a certified underground tank placed on site for
collection and temporary storage of sewage until pumped out by pump out truck.
Home Occupation means an accessory use of a dwelling unit or private garage by a
resident for a small scale business which is incidental to the primary use as a
residence where the presence of the business may or may not be detectable outside
the buildings and beyond the property boundaries. Home occupations include such
activities as music lessons, offices and indirect sales, but may not include such uses
as medical clinics, veterinary clinics, retail sales, cannabis retail sales, medical
cannabis counselling or cannabis production and distribution.
Institutional Service Facility means a facility providing cultural, educational or
community services to the public.
Page | 10
Lakeshore Lot means a lot which faces onto a lake and any part of the property is
directly adjacent to a lake or onto a buffer strip of municipal reserve or
environmental reserve that is located along the lakeshore.
Landscaping means the modification and enhancement of a lot or site through the
use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges,
grass and other similar ground cover, or
(b) hard landscaping consisting of materials such as brick, stone, concrete, tile,
wood or other similar materials, or
(c) a combination of natural landscaping and hard landscaping, but does not
include walkways or sidewalks deemed integral to building access.
Landscaped Area means an area of land made attractive by the use of landscaping;
however, it shall not include areas occupied by garbage containers, storage, parking
lots or driveways.
Landscaping Plan means a scaled drawing illustrating a design for a landscaped
area which specifies the number, species, height and calliper of trees and shrubs,
the size, colour and texture of hard landscaping, areas of grass, edging details,
cross sections and details of any construction and details of any other features or
horticultural elements.
Land Use Policies means policies established by the Lieutenant Governor in Council
pursuant to the Municipal Government Act.
Loading Space means a space provided on a site to accommodate a commercial
vehicle on a temporary basis for loading or unloading of goods and materials.
Main or Principal Building means a building which, in the opinion of the
Development Authority;
(a) occupies the major or central portion of a site,
(b) is the chief or principal building among one or more buildings on the site, or
(c) constitutes by reason of its use the primary purpose for which the site is
used.
There shall be no more than one main or principal building on each site unless
specifically permitted otherwise in this Land Use Bylaw.
Page | 11
Main or Principal Use means the primary purpose in the opinion of the
Development Authority for which a building or site is used. There shall be no more
than one main use on each site unless specifically permitted otherwise in this Land
Use Bylaw.
Manufactured Home means a residential building containing one dwelling unit built
in a factory in one or more sections, and intended to be occupied in a place other
than where it was manufactured.
Matters Related to Subdivision and Development Regulation means Alberta
Regulation 84/2022, as amended from time to time.
Medical Cannabis means a substance used for medical purpose authorized by a
licence issued under the federal government's Access to Cannabis for Medical
Purposes Regulations, or any subsequent legislation which may be enacted in
substitution.
Medical Cannabis Counselling means a use where counselling on medical cannabis
is provided by persons who are not medical professionals, and that may include the
ancillary retail sale or rental of cannabis accessories.
Medical Cannabis Production Facility means any building in which an activity
authorized by the Access to Cannabis for Medical Purposes Regulations, or any
successor or replacement legislation or regulation, is or may be conducted including
such activities as growing, processing, labeling and packaging, storing and
transporting of cannabis.
Municipal Planning Commission means the Committee established pursuant to the
Municipal Planning Commission Bylaw.
Municipality means the Summer Village of Parkland Beach.
Natural Environment Area means an environmentally sensitive or locally significant
natural area which is undeveloped except for trails and associated minor recreation
facilities.
Natural Resources Development means the management, development,
extraction, and harvesting of natural resources but excludes farming and cultivation.
Non-Compliant Building or Use means a building or use of land or a building that
was constructed or commenced after the date that a land use bylaw affecting the
building or land becomes effective and the building or use does not comply with the
Land Use Bylaw.
Page | 12
Non-Conforming Building means a building
(a) that is lawfully constructed or lawfully under construction at the date that
this land use bylaw affecting the building or land on which the building is
situated becomes effective, and
(b) that on the date the land use bylaw becomes effective does not, or when
constructed will not, comply with the land use bylaw.
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.
Outline Plan means a plan for an area of land that provides a framework for
subsequent subdivision and development of that land. An Outline Plan is adopted by
resolution of Council, Pursuant to Part 17 of the Act, and is otherwise equivalent to a
"Conceptual Scheme" as described in the Act.
Owner means the person who is registered under the Land Titles Act as the owner
of the fee simple estate in the land and, in respect of any property other than land,
the person in lawful possession of it.
Parcel means the aggregate of one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan filed or registered
in the Land Titles Office.
Parcel, Corner means a parcel abutting two or more streets, other than a lane, at
their intersection or abutting two parts of the same street.
Parcel, Interior means a parcel abutting only one street other than a lane.
Parcel, Through means a parcel that abuts two parallel streets, not including lanes.
Parcel Coverage, Accessory means the area covered by accessory buildings.
Parcel Coverage, Principal Use means the area covered by principal buildings.
Parcel Depth means the distance measured along each side parcel boundary of a
parcel.
Page | 13
Parcel Width means the distance between the side parcel boundaries connecting
points located at the minimum required front yard measured along each side parcel
boundary.
Parking Facility means a structure or area provided for the parking of motor
vehicles.
Park Model Campground means a commercial development of a parcel or part
thereof on which park model recreation vehicles may be located to provide seasonal
or recreational accommodation. Park model campgrounds are not a residential use.
Park Model Recreation Vehicle means a recreation vehicle that conforms to
CAN/CSA-Z241 series standards and is used or intended to be used for seasonal or
recreational accommodation only. "Park Model" excludes recreation vehicles or
units built to CAN/CSA-A277 standard or the Alberta Building Code.
Permanent Foundation means:
a) a foundation meeting CSA Z240.10.1 standard, or
b) an engineer approved wood foundation, or
c) a poured concrete basement, or
d) pilings; or
d) a concrete block foundation.
Permitted Use means a use of land or a building referred to as a permitted use in
the Land Use Districts of this Land Use Bylaw and for which a development permit
shall be issued, with or without conditions, where the use meets the applicable
provisions of this Land Use Bylaw.
Personal Recreational Use means the use of a residential parcel for personal
recreation and leisure by the occupants using recreational vehicles as
accommodation, with no permanent dwelling units located on site. This does not
include a campground.
Personal Service means the provision of a service to individuals on a commercial
basis which is related to the care or appearance or well-being of the individual,
cleaning or repair of personal effects, recreational rentals and services and includes
such services as photographers, travel agents, beauty salons, insurance agencies
and dry cleaners but does not include health services, businesses which are
primarily retail, cannabis retail sales or medical cannabis counselling.
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Private Recreational Development means an open space or recreational area, other
than a public park, operated on a commercial and/or private member basis
excluding uses which include a campground or park model campground.
Private Sewage Disposal System means on-site wastewater treatment systems as
defined in the Alberta Private Sewage Systems Standard of Practice 2015, for the
treatment and disposal of wastewater that is not connected to a municipal
wastewater utility system.
Public Park means an active or passive public recreation area developed by the
municipality, together with any accessory buildings or uses complementary to the
said recreational purpose.
Public Use means a development which is publicly owned, supported or subsidized
involving public assembly or use. Public uses typically may include such uses as
publicly funded schools, parks, libraries, arenas, museums, art galleries, hospitals,
tennis courts, swimming pools and other indoor and outdoor recreational facilities.
Public Utility means a public utility as defined in Part 17 of the Municipal
Government Act.
Public Utility Building means a building in which the proprietor of a public utility
(a) maintains its offices, or
(b) maintains or houses equipment used in connection with the public utility.
Rear Parcel Boundary means the registered boundary or boundaries of a parcel
which is opposite the front parcel boundary.
Rear Yard means that portion of the site that is closest to the rear parcel boundary
and within the minimum rear yard distance required by the applicable district, as
measured from the rear parcel boundary.
Recreation Vehicle means a motor home, camper, travel trailer, tent trailer or any
form of vehicle used or intended to be used for recreational, holiday or temporary
accommodation.
Restaurant means a building or part of a building the primary purpose of which is
the preparation and/or sale of food for consumption on the premises and may
include takeout food service but does not include a drinking establishment.
Retail Store means the use of a building or portion thereof for the display and retail
sale of merchandise to the public, and includes storage in the building of
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merchandise associated with such display and sale. This does not include cannabis
retail sale or medical cannabis counselling.
Road means land:
(a) shown as a road on a plan of survey that has been filed or registered in a
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, but does not include a highway.
Screen means a fence, berm, hedge, wall or building used to separate areas or
functions which detract from the appearance of the streetscape and/or the view
from surrounding properties.
Sea/Land Container means any building that was originally designed and
constructed for use as a shipping container. A sea/land container is not an
accessory building.
Secondary Suite means a dwelling unit located within the principal dwelling, on a
second storey integral to a detached garage, or as an accessory building where the
principal use of the site is a detached dwelling.
Seasonal means the use or occupation of a site, recreation vehicle or park model
recreation vehicle between May 1st and October 31st of a calendar year.
Setback means a distance additional to minimum yard requirements which may be
required on parcels adjacent a road.
Side Parcel Boundary means the registered boundary or boundaries of a parcel
which is or are not considered a front parcel boundary or a rear parcel boundary.
Side Yard means that portion of the site extending from the front yard to the rear
yard and lying between the side property boundary of the site and the nearest part
of the main building or the full extent of the required yard.
Sign means an object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event.
Site means a parcel, lot or group of lots used for or proposed to be used for the
undertaking of a single development which may include one or more structures.
Site Area means the total area of a site.
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Soft-sided Buildings means any building that is faced or finished, on any portion of
the building exterior, with flexible sheeting capable of being rolled or folded.
Street means any category of public road except a lane.
Structural Alteration means any change to the roof, foundation or exterior walls of
a structure that results in the expansion of the useable floor area of a structure or
reduces existing setback distances. For the purposes of this Bylaw, this definition is
used in determining whether changes to buildings require a development permit.
Subdivision and Development Appeal Board means the Board established
pursuant to the Municipal Government Act.
Subdivision Authority means the person, persons or organization appointed
pursuant to the Subdivision Authority Bylaw.
Temporary Building means a building without a foundation or footing and which is
removed when the development permit for such building has expired.
Tourist Home means a commercial use wherein a dwelling unit or recreational
vehicle is offered for rent to guests for a period of time of 28 days or less. (2019-04)
Yard means an area of open space on a site which is required to be unoccupied and
unobstructed by any structure or a portion of a structure above grade of the graded
lot unless otherwise permitted in this Land Use Bylaw.
In case of dispute, section 616 and other sections of the Act take precedence over the
definitions listed above.
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Part 2 Development Authority
2.1
Development Officer
1. The office of the Development Officer is hereby established and such office shall
be filled by a person or persons delegated by Council.
2. The Development Officer shall
(a)
Receive and process all Development Permit applications;
(b)
Keep and maintain, for inspection by the public during normal office
hours a copy of this Bylaw and all amendments thereto and a register of
all applications for development, including the decisions thereon and the
reasons therefore;
(c)
Receive applications for amendments to this Bylaw and make
recommendations to Council;
(d)
Consider and decide on all Development Permit applications for those
uses listed as Permitted Uses in any land use district;
(e)
Refer to the Municipal Planning Commission for its consideration any
Development Permit application for those uses listed as Discretionary
Uses in any land use district or any Development Permit application with
respect to a Permitted Use that involves a variance of any standards;
(f)
At their discretion, refer to the Municipal Planning Commission for its
consideration any Development Permit application for a Permitted Use;
(g)
Receive, consider and decide on requests for time extensions for
Development Permits which have been issued;
(h)
Sign and issue all Development Permits and notices of decision;
(i)
Carry out enforcement of the Bylaw, and such other duties as may be
prescribed in this Bylaw, and other administrative duties.
2.2
Municipal Planning Commission
1) The Municipal Planning Commission shall:
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a) Issue decisions and if necessary state terms and conditions for Development
Permit applications for those uses listed as Permitted Uses which the
Development Officer refers to the Municipal Planning Commission,
b) Issue decisions and if necessary state terms and conditions for Development
Permit applications for those uses listed as Discretionary Uses,
c) Consider and if necessary state terms and conditions or provide direction on any
other planning or development matter referred by the Development
Officer/Administration.
2) The Municipal Planning Commission may:
a) Direct the Development Officer/Administration to review, research or make
recommendations on any other planning and development matter,
b) Make recommendations to Council on planning and development matters.
2.3 Granting Variances
1. The Development Authority may approve, with or without conditions, an
application for development that does not comply with this bylaw if, in the
opinion of the Development Authority,
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.
2. In approving an application for development pursuant to subsection (1) the
Development Authority shall adhere to the following:
a.
A variance shall be considered only where warranted by the merits of the
proposed development; and
b.
A variance to any yard and setback requirement shall only be considered
in cases involving irregular lot lines, parcel shapes or site characteristics
which create difficulties in siting structures in a manner that meets the
required yards and setbacks; and
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c.
Where the issuance of a development permit involves the exercise of any
specified discretion of the Development Authority to relax a regulation of
a district or any other regulation of this bylaw, the Development Authority
shall not permit any additional variance from that regulation.
d.
Where the application is being decided by the Development Officer, a
variance may be granted provided that the variance results in a
development having no less than ninety (90) percent of any minimum
standard and no more than one hundred ten (110) percent of any
maximum standard.
3. In the event a variance is granted, the nature of the approved variance shall be
specifically described in the development permit approval.
2.4 Development Permit Required
Except as provided in section 2.5 of this Land Use Bylaw, no person shall commence
a development or allow a development to continue within the Summer Village
without first obtaining a development permit.
2.5 Development Not Requiring a Development Permit
No development permit will be required for any of the following types of
development provided that such development complies with all applicable
provisions of this Land Use Bylaw.
1. the carrying out of works of maintenance, repair or alteration to any building,
provided that such works do not include structural alterations or change the use
or intensity of the use of the building;
2. the completion of any development which was lawfully approved or under
construction at the date this Land Use Bylaw or any amendment thereto came
into effect, provided that the development is completed in accordance with the
terms of any permit granted by the Summer Village and it is completed within
12 months of this Bylaw coming into effect;
3. the use of any such buildings as is referred to in Subsection (2) for the purpose
for which construction was commenced;
4. the erection, construction, improvement and alterations of gates, fences, walls
or other means of enclosure in the residential district conforming to all
requirements of the Land Use Bylaw;
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5. the construction of decks which are less than 0.6 m (2 ft.) in height, providing
that all setbacks and allowable projections are met;
6. the construction or placement of an accessory buildings having a floor area of
less than 10 m2 (108 ft2) not exceeding 2.5 m (8 ft.) in height, meeting all
requirements for accessory buildings in this Land Use Bylaw; this includes, but is
not limited to garden ornaments, bird baths, archway pergolas, arbours,
decorative landscaping, dog houses, portable play structures, play houses,
artworks, occupant identification, tent/shelters, pump house and firewood
shelters;
7. a temporary building, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this Bylaw;
8. the maintenance and repair of public works, services and utilities carried out by
or on behalf of federal, provincial and municipal public authorities on land which
is publicly owned or controlled;
9. landscaping which does not increase surface run off rates and/or volume of
drainage leaving the subject property, or changes the grade of the property
within 3 feet of any property boundary, or causes impounding of water on an
abutting parcel.
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Part 3 Development Permits
3.1
Application for Development
1. An application for a development permit shall be made to the Development
Officer in writing on the form prescribed by the Officer and shall be
accompanied by:
a.
a scaled site plan showing the following:
i.
treatment of landscaped areas if required,
ii.
the legal description of the subject parcel,
iii.
the front, rear, and side yards,
iv.
off-street loading and vehicle parking,
v.
access and egress points to the parcel,
vi.
locations and setbacks of existing structures, and
vii.
location of well and private sewage disposal system;
b.
scaled floor plans, elevations and sections;
c.
a statement of existing and proposed uses;
d.
if the applicant is not the owner, a statement of the applicant's interest in
the land together with the written consent of the owner to the application;
e.
the estimated commencement and completion dates;
f.
the estimated cost of the project or contract price;
g.
a grading and drainage plan prepared by a professional engineer or an
Alberta Land Surveyor showing the pre-development grade and drainage
of the parcel, the existing drainage routes through the parcel, and the
proposed post-development grade and drainage of the parcel; and
h.
such other plans and information as the Development Officer may
consider necessary to properly evaluate the proposed development.
2. If the intended development requires a wastewater disposal system, the
applicant shall also include a copy of a private wastewater disposal system pre-
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approval issued by the Summer Village's designated Safety Codes Company
proposing the method and location of wastewater treatment and disposal for the
development.
3. If permission is requested for an addition to an existing development, the
Development Officer may require confirmation in writing from the designated
Safety Codes Company that the existing private wastewater disposal system is
adequate for the proposed development.
4. All applications for a Personal Recreational Use must include a wastewater
collection and disposal plan that indicates how wastewater from all recreational
vehicles on the site will be collected, stored and properly disposed of.
5. Each application for a development permit shall be accompanied by a non-
refundable processing fee.
6. Development that has commenced prior to obtaining development approval by
the Development Authority may be subjected to triple the current non-
refundable processing fee rates.
7. Additional information the Development Officer may request for a development
permit application includes, but is not limited to:
a. Hosting a public meeting in the community and submitting a record of the
meeting and summary of input;
b. Traffic Impact Assessment to determine possible effects of the development
on the transportation and traffic system;
c.
Environmental Site Assessment to identify potential site contamination;
d. Noise Impact Assessment to examine the noise emitted from the facility;
e. Lighting Impact Assessment to determine the potential light impact to
adjacent properties during construction and operation of the site;
f.
Sun Shadow Impact Study to determine the impact of development in terms
of sun and daylight access to surrounding property;
g. Servicing Study to assess the capacity of municipal servicing to
accommodate future development;
h. Geotechnical Assessment of the site for design of structures;
i.
Real Property Report illustrating locations of property improvements relative
to property boundaries;
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j.
Flood proofing assessment of the development if it is located in a flood
prone area;
k. Slope Assessment to assess the safe design of a slope;
l.
Risk Assessment for hazards associated with the use or storage on site;
m. Crime Prevention Through Environmental Design Analysis to analyze the
built form in reducing the incidence of crime;
n. Parking Demand Study to estimate the parking demand of the proposed use.
All submitted documents are to be prepared by qualified registered
professionals in their respective fields. All submitted documents shall include
certification by the professional who prepared the document.
8. The Development Officer may deal with an application and make a decision
without all of the information required by subsections 3.1(1),(2) and (3), if it is
the opinion of the Development Officer that a decision on the application can be
properly made without such information.
3.2
Complete and Incomplete Applications
1. Upon receipt of an application the Development Officer shall within 20 days
determine whether the application is complete. 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. The 20 day timeline
may be extended if agreed upon in writing between the applicant and the
Development Officer.
2. If the Development Officer deems a development permit application to be
complete, the Development Officer shall either:
a. Issue a letter to the applicant indicating:
i.
The date the application was received and deemed complete;
ii.
Confirmation the Development Officer will begin processing the
application; and
iii.
The date the 40 days to process the application expires;
or
b. Issue a written decision on the application.
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3. An application for a development permit is, at the option of the applicant,
deemed to be refused if the decision of the Development Authority is not made
within 40 days of receipt of the application unless the applicant has entered into
an agreement with the Development Authority to extend the 40 day period.
4. If the Development Officer determines an application is incomplete, the
Development Officer shall issue a notice in writing to the applicant, indicating
the following:
a.
The application is considered incomplete,
b.
A detailed list of the outstanding documents and/or information required
by the Development Officer in order for the application to be considered
complete,
c.
The date which the required outstanding documents and/or information
must be submitted to the Development Officer, as either set out in the
notice, or as agreed upon between the applicant and Development
Officer,
Prior to the expiry of the 20 day review period.
5. If the Development Officer determines that the information and documents
submitted by the applicant at the request of the Development Officer are
complete, the Development Officer must issue a letter to the applicant
indicating:
a.
The application is complete,
b.
Confirmation the Development Officer will begin processing the
application, and
c.
The date the 40 days to process the application expires.
6. If the applicant fails to submit the outstanding information and documents
requested by the Development Officer to complete the application on or before
the date referred to in the notice issued to the applicant, the application is
deemed to be refused.
7. If the application is deemed refused because the applicant failed to provide the
Development Officer with the requested information, the Development Officer
shall issue to the applicant a letter indicating the application has been refused
and the reason(s) for the refusal, within 7 days of the expiry date.
8. Despite that the Development Officer has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Page | 25
Development Officer may request additional information or documentation from
the applicant that the Development Officer considers necessary to review the
application.
9. If the Development Officer does not make a determination of an application's
completeness within 20 days of receiving the application, or within an
alternative timeline agreed upon between the applicant and Development
Officer, the application is deemed to be complete.
3.3
Development Referrals
1. The Development Officer may refer any application to Ponoka County or any
other agency or person which, in the opinion of the Development Officer, may
provide relevant comments or advice respecting the application.
2. The Development Officer may refer, at their discretion, any application to
adjacent property owners for comment.
3.4
Time Limits
1. The Development Officer shall, within 20 days after the receipt of an application
for a development permit, determine whether the application is complete, or
within such longer period as the applicant may have agreed to in writing.
2. The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an
applicant indicating the application is complete, or within such longer period as
the applicant may have agreed to in writing.
3.5
Permitted Use Decisions and Conditions
1. the Development Authority shall approve an application for a development
permit for a permitted use if the application conforms to the requirements of
the Land Use Bylaw, the Act and Regulation and statutory plans, and the
Development Authority may attach conditions to the permit necessary to ensure
any of the following:
a.
Arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water, electric power, sewer, natural
gas, or any one or more of them, including payment of the cost of
installation or construction of any such utility or facility by the applicant;
Page | 26
b.
Arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any
one or more of these matters, including payment of the costs of
installation or constructing any such facility by the applicant
c.
That the developer enters into a development agreement or an interim
agreement, which shall form part of such development permit and may be
required to be registered by caveat against title to the site at the Land
Titles Office, to do any or all of the following:
i.
to construct or pay for the construction of a road required to give
access to the development;
ii.
to construct, or pay for the construction of:
(a)
a pedestrian walkway system to serve the development, or
(b)
pedestrian walkways or trail systems to connect the pedestrian
walkway or trail system serving the development with a
pedestrian walkway or trail system that serves or is proposed to
serve an adjacent development, or both;
iii.
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
iv.
to construct or pay for the construction of:
(a)
off-street or other parking facilities; and
(b)
loading and unloading facilities.
d.
That the developer provides security to ensure compliance with this
Bylaw, a development permit, an agreement under this clause and/or a
statutory plan, which security may include, but is not limited to, an
irrevocable letter of credit or charge against the title to the site.
2. If an application for a development permit for a permitted use does not conform
to the requirements of the Land Use Bylaw, the Municipal Government Act and
the Matters Relating to Subdivision and Development Regulation and statutory
plans, the Development Authority:
a.
may refuse the application giving reasons for the refusal; or
Page | 27
b.
may approve the application subject to conditions listed in subsection (1)
and any conditions to ensure that the application conforms to the
requirements of the Land Use Bylaw, the Act and Matters Relating to
Subdivision and Development Regulation and statutory plans; or
c.
may approve the application pursuant to section 2.3 and subject to
conditions listed in subsection 3.5 (1).
3.6.
Discretionary Use Decisions and Conditions
1. The Development Authority, in its discretion, may approve an application for a
discretionary use subject to the following conditions:
a.
Arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water, sewer, natural gas, cable, or
any one or more of them, including payment of the cost of installation or
construction of any such utility or facility by the applicant;
b.
Arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any
one or more of these matters, including payment of the costs of
installation or constructing any such facility by the applicant;
c.
A development agreement or an interim agreement, which shall form part
of such development permit and may be required to be registered by
caveat against title to the site at the Land Titles Office, to do any or all of
the following:
i.
to construct or pay for the construction of a road required to give
access to the development;
ii.
to construct, or pay for the construction of:
(a)
a pedestrian walkway system to serve the development, or
(b)
pedestrian walkways or trail systems to connect the pedestrian
walkway or trail system serving the development with a
pedestrian walkway or trail system that serves or is proposed to
serve an adjacent development, or both;
iii.
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve
the development;
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iv.
to construct or pay for the construction of:
(a)
off-street or other parking facilities; and
(b)
loading and unloading facilities;
d.
Provisions of security to ensure compliance with this Bylaw, a
development permit, an agreement under this clause, or a statutory plan
which security may include, but is not limited to, an irrevocable letter of
credit or charge against the title to the site.
e.
Any conditions that the Development Authority may deem appropriate to
ensure compatibility with the amenities of the neighbourhood and the
use, enjoyment and value of neighbouring parcels of land, including, but
not limited to, the following:
i.
Limiting the time of operation including hours of the day, days of the
week, and parts of the year;
ii.
Limiting the number of patrons;
iii.
Requiring attenuation or mitigation of noise or any other nuisances
that may be generated by the proposed development;
iv.
Regarding the location, character and appearance of buildings;
v.
Regarding the grading of the site or such other matters as are
necessary to protect the site from other developments or to protect
other developments from the site;
vi.
Establishing the period of time during which a development may
continue.
2. If an application for a development permit for a discretionary use does not
conform to the requirements of the Land Use Bylaw, the Municipal Government
Act and the Matters Relating to Subdivision and Development Regulation and
statutory plans, the Development Authority:
a.
may refuse the application giving reasons for the refusal; or
b.
may approve the application subject to conditions listed in subsection (1)
and any conditions to ensure that the application conforms to the
requirements of the Land Use Bylaw, the Act and Matters Relating to
Subdivision and Development Regulation and statutory plans; or
Page | 29
c.
may approve the application pursuant to section 2.3 and subject to
conditions listed in subsection 3.5 (1).
3.7
Notification of Decision
1. A decision of the Development Authority on an application for a development
permit shall be given in writing and a copy of it sent by ordinary mail to the
applicant or, if the applicant has agreed, by email or other electronic means on
the same day the decision is produced in writing.
2. When an application for a development permit is approved, with or without
conditions, the Development Officer shall provide notice using one or more of
the following means:
a.
Send a notice of the decision by ordinary mail to each owner of adjacent
land at the name and address shown for each owner on the assessment
roll of the Summer Village: and
b.
Arrange for a notice to be published on the Summer Village's website
stating the legal description, civic address, the nature of the
development, and the provisions for appeal; and/or
c.
Arrange for a notice of the decision to appear in one or more alternative
means of advertising in accordance with a bylaw made pursuant to
section 606.1 of the Municipal Government Act stating the legal
description, civic address, the nature of the development, and the
provisions for appeal.
3. When the Development Authority refuses an application for a development
permit, the notice of decision shall contain the reasons for the refusal.
4. Where this Land Use Bylaw requires a document to be sent to a person, the
document may be sent by electronic means if
a.
the recipient has consented to receive documents by electronic means
and has provided an email address, website or other electronic address
for that purpose, and
b.
it is possible to make a copy of the document from the electronic
transmission.
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3.8
Effective Date of Permit
1. A development permit does not come into effect until 21 days after the date an
order, decision or development permit is issued, and any development
proceeded with by the applicant prior to the expiry of this period is done solely
at the risk of the applicant.
2. Where an appeal is made pursuant to this Bylaw, a development permit, which
has been granted, shall not come into effect until the appeal has been
determined and the permit may be modified or nullified thereby.
3.9
Expiry and Validity of Permit
1. If the development authorized by a permit is not commenced within 12 months
from the date of its issue or the date of decision of the Subdivision and
Development Appeal Board upon appeal, and completed within 24 months of
the issue, the permit shall be deemed to be void, unless an extension to the
commencement or completion date has first been granted by the Development
Officer.
2. The Development Officer may grant an extension of the time the permit remains
in effect for up to an additional twelve (12) months. Only one extension shall be
granted for the commencement date and only one extension shall be granted on
the completion date.
3.10 Re-Application for a Development Permit
1. Where an application for a development permit has been refused, except for
those applications refused as incomplete applications, the Development Officer
shall refuse to accept another application for the same or a similar use on the
same lot or site until 6 months have passed from the date of such 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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Part 4 Subdivision Approval Applications
4.1
Subdivision Applications
1. Upon receipt of an application the Subdivision Authority shall within 20 days
determine whether the application is complete. 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. The 20 day timeline
may be extended if agreed upon in writing between the applicant and the
Subdivision Authority.
2. If the Subdivision Authority deems a subdivision application to be complete, the
Subdivision Authority shall issue a letter to the applicant indicating:
a.
The date the application was received and deemed complete,
b.
Confirmation the Subdivision Authority will begin processing the
application, and
c.
The date the 60 days to process the application expires.
3. If the Subdivision Authority determines an application is incomplete, the
Subdivision Authority shall issue a notice in writing to the applicant, indicating
the following:
a.
The application is considered incomplete,
b.
A detailed list of the outstanding documents and/or information required
by the Subdivision Authority in order for the application to be considered
complete,
c.
The date which the required outstanding documents and/or information
must be submitted to the Subdivision Authority, as either set out in the
notice, or as agreed upon between the applicant and Subdivision
Authority,
Prior to the expiry of the 20 day review period.
4. If the Subdivision Authority determines that the information and documents
submitted by the applicant at the request of the Subdivision Authority are
complete, the Subdivision Authority shall issue a letter to the applicant
indicating:
a.
The application is complete,
Page | 32
b.
Confirmation the Subdivision Authority will begin processing the
application, and
c.
The date the 60 days to process the application expires.
5. If the applicant fails to submit the outstanding information and documents
requested by the Subdivision Authority to complete the application on or before
the date referred to in notice issued to the applicant, the application is deemed
to be refused.
6. If the application is deemed refused because the applicant failed to provide the
Subdivision Authority with the requested information, the Subdivision Authority
shall issue to the applicant a letter indicating the application has been refused
and the reason for the refusal, within 7 days of the expiry date.
7. Despite that the Subdivision Authority has issued a letter acknowledging an
application as complete, 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.
8. If the Subdivision Authority does not make a determination of an application's
completeness within 20 days of receiving the application, or within an
alternative timeline agreed upon between the applicant and Subdivision
Authority, the application is deemed to be complete.
Page | 33
Part 5 Development Appeals
5.1
Appeals
1. An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days of the date of the letter issued to an applicant
acknowledging a complete application, and an applicant may appeal in writing,
as provided for in this Land Use Bylaw, unless the applicant enters into an
agreement with the Development Officer to extend the 40 day period.
2. An appeal may be made to the Subdivision and Development Appeal Board
(SDAB) where a Development Authority:
a.
fails to issue a development permit to a person;
b.
refuses an application for a development permit;
c.
issues a development permit subject to conditions; or
d.
issues an order under the Municipal Government Act.
The person applying for the permit or affected by an order, a decision, or
development permit may appeal to the SDAB in accordance with the Municipal
Government Act.
3. An appeal may be made to the Board by any other person affected by an order,
decision or development permit of a Development Authority.
4. No appeal may be made in respect of the issuance of a development permit for a
permitted use unless the provisions of this Bylaw were relaxed, varied, or
misinterpreted.
5. A person applying for a development permit or any other person affected by an
order, decision or development permit, may appeal to the SDAB by serving
written notice of the appeal to the Clerk of the SDAB within twenty-one (21)
consecutive days after receipt of the order, decision, or date of issuance of the
development permit. The written notice of appeal must contain reasons for the
appeal.
6. The date of receipt of a decision or order is deemed to be 7 days from the date
that the decision or order is mailed.
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7. The SDAB shall hold an appeal hearing within 30 days of the receipt of a notice
of Appeal.
8. The procedures followed for an appeal hearing are governed by the Municipal
Government Act.
9. The decision of the SDAB is final and binding except on a question of
jurisdiction or law, in which case the appellant may appeal to the Court of
Appeal as provided in the Municipal Government Act.
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Part 6 Contravention and Enforcement
6.1
Contravention
1. For the information of readers, the provisions of this bylaw may be enforced by
way of stop order; injunction or such other relief as may be available under the
Municipal Government Act, including the following:
a.
Where the Development Authority finds that a development or use of land
or building is not in accordance with Part 17 of the Municipal Government
Act, this Land Use Bylaw, the Matters Relating to Subdivision and
Development Regulation, a development permit or subdivision approval,
the Development Authority may, by notice in writing, order the registered
owner, the person in possession of the land or buildings or the person
responsible for the contravention or all or any of them to:
i.
stop the development or use of the land or building in whole or in
part as directed by the notice, or
ii.
demolish, remove or replace the development, or
iii.
carry out any other actions required by the notice so that the
development or use of the land or building complies with Part 17 of
the Municipal Government Act, the Matters Relating to Subdivision
and Development Regulation, this Land Use Bylaw, a development
permit or subdivision approval,
within the time set out in the notice.
b.
Any person who receives an order under subsection (a) may appeal to the
Subdivision and Development Appeal Board pursuant to this Land Use
Bylaw.
c.
The Summer Village may register a caveat under the Land Titles Act in
respect of an order referred to in subsection (a) against the certificate of
title for the land that is the subject of the order. A caveat registered
under this subsection must be discharged once the order has been
complied with.
d.
Where a person fails or refuses to comply with an order directed to
him/her under subsection (a) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act within
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the time specified, the Summer Village may seek a court order from the
Court of Queen's Bench for any or all of the following:
i.
a declaration that the person who received an order is in breach of
the Land Use Bylaw, an order issued under the Land Use Bylaw and/or
the Subdivision and Development Appeal Board's decision relating to
an appeal of an order,
ii.
an injunction ordering the person who received an order referred to
in subsection (a) to comply with the Land Use Bylaw within a certain
period of time,
iii.
an order providing that, if compliance has not been achieved within
the period stated in the court order, that the Summer Village or
persons appointed by it has the right to enter upon the land and
building and take steps necessary to achieve compliance with the
Land Use Bylaw,
iv.
an order that legal costs and the costs to achieve compliance incurred
by the municipality can be added to the tax roll for the land that is
the subject of the court order,
v.
a provision that the court order may be registered against the
certificate of title for the land that is the subject of the court order
and discharged only on full compliance with the court order.
e.
Where a person fails or refuses to comply with an order directed to
him/her under subsection (a) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act within
the time specified, the Municipality, in accordance with the Municipal
Government Act, enter upon the land or building and take such action as
is necessary to carry out the order.
f.
Where the Municipality carries out an order, the costs and expenses
incurred in carrying out the order shall be placed on the tax roll of the
property that is subject of the order.
2. An Enforcement Officer may inspect premises in accordance with the provisions
of the Municipal Government Act where there are reasonable grounds to believe
that the premises are being used in contravention of this bylaw. Without limiting
the generality of the foregoing, such reasonable grounds would include:
a.
complaints from the public that the premises are being used contrary to
the bylaw,
Page | 37
b.
the observations of an Enforcement Officer that there is excessive traffic,
parking problems, accumulated debris in a yard or other apparent breach
of this bylaw.
3. The provisions and regulations of the Provincial Offences Procedures Act, as
amended, may apply to the provisions and enforcement of this Land Use Bylaw.
The Chief Administrative Officer or designate is hereby authorized to enforce
this Land Use Bylaw.
6.2
Offences and Penalties
1. A person who contravenes or does not comply with a provision of Division 5 of
Part 13, or Part 17 of the Municipal Government Act, or this Land Use Bylaw, or
who obstructs or hinders any person in the exercise or performance of their
powers under Part 17 or regulations under Part 17 of the Municipal Government
Act, is guilty of an offence.
2. A person who is guilty of an offence referred to in subsection (1) is liable upon
summary conviction to the specified penalty as follows:
a. $150 in the case of development that has commenced without a development
permit;
b. $150 in the case of any contravention or breach of this Land Use Bylaw;
c. in the case of an offence for which there is no specified penalty, to a fine of
not less than $250 and not more than $10,000 or to imprisonment for not
more than one year, or to both fine and imprisonment.
3. Where a person is found guilty of an offence under this Land Use Bylaw, the
court may in addition to any other penalty imposed, order the person to comply
with the Land Use Bylaw, or a development permit or condition attached thereto.
4. Where a Designated Officer reasonably believes that a person has contravened
any provision of this Bylaw, the Designated Officer may, in addition to any other
remedy at law, serve upon the person a violation ticket, in the form provided
under the Provincial Offences Procedures Act, allowing payment of the specified
penalty for the particular offence, and the recording of such payment by the
Provincial Court of Alberta shall constitute acceptance of a guilty plea and the
imposition of a fine in the amount of the specified penalty.
5. Where a person is convicted of a second, third or subsequent offence under a
particular section of this Bylaw, and where that offence has occurred within 12
months after the date of occurrence of the first offence under that section of
Page | 38
this Bylaw, the specified penalties applicable upon conviction for such second,
third or subsequent offence shall be:
a. $250 in the case of a second offence;
b. $500 in the case of a third or subsequent offence.
6. This section shall not prevent any Designated Officer from issuing a violation
ticket requiring a court appearance of the defendant, pursuant to the provisions
of the Provincial Offences Procedures Act, or from laying an information in lieu
of issuing a violation ticket.
7. A person named on the violation ticket may, in lieu of being prosecuted, plead
guilty to the offence by signing the violation ticket and paying the specified
penalty at the location indicated on the violation ticket.
8. If payment of a violation ticket is not made within the time specified, a
Designated Officer may issue an Offence Notice under Part 3 of the Provincial
Offences Procedures Act requiring the person named to appear in court on the
date indicated in the violation ticket.
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Part 7 Amending the Land Use Bylaw
1. The Council on its own initiative may give first reading to a bylaw to amend this
Land Use Bylaw.
2. A person may make application to the Development Officer for amendment to
this Land Use Bylaw. The application shall include:
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, the legal description of the
lands, or a plan showing the location and dimensions of the lands;
d.
a statement of the applicant's interest in the lands;
e.
any other studies and information that the Development Officer deems
necessary to fully evaluate the proposed amendment; and
f.
an application fee, the amount of which shall be determined from time to
time by Council or payment of a fee equal to the costs incurred by the
Summer Village to review the proposed redesignation.
3. Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall initiate or undertake an investigation and analysis of
the potential impacts of development resulting from or allowed as a result of the
proposed amendment. The analysis shall be based on the full development
potential of the proposed amendment and not on the merits of any particular
development proposal. The analysis 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 statutory plans in preparation;
c.
compatibility with surrounding development in terms of land use function
and scale of development;
d.
traffic impacts;
e.
relationship to, or impacts on, services such as water and sewage
systems, and other public utilities and facilities such as recreation
facilities and schools;
Page | 40
f.
relationship to municipal land, right-of-way or easement requirements;
g.
effect on stability, retention and rehabilitation of desirable existing uses,
buildings, or both in the area;
h.
necessity and appropriateness of the proposed amendment in view of the
stated intentions of the applicant; and
i.
relationship to the documented concerns and opinions of area residents
regarding development implications.
4. Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before
the Council and shall issue not less than five (5) days' notice to the applicant
advising that he/she may appear before the Council at that time, and speak to
the application. An application for amendment shall be placed before the
Council within sixty (60) days of its receipt by the Development Officer.
5. Council, in considering an application for an amendment to this Land Use Bylaw,
may at its sole discretion:
a.
refer the application for further information; or
b.
pass first reading to a bylaw to amend this Land Use Bylaw, with or
without conditions or amendments; or
c.
pass first reading of an alternative amendment to this Land Use Bylaw,
with or without conditions.
6. Following first reading of an amending bylaw, the Council shall
a.
establish the date, time and place for a public hearing on the proposed
bylaw;
b.
outline the procedures to be followed by anyone wishing to be heard at
the public hearing; and
c.
outline the procedure by which the public hearing will be conducted.
7. 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 newspaper or other publication circulating in the area to which
the proposed bylaw relates; or
Page | 41
b.
arranging for notice to appear in one or more alternative means of
advertising in accordance with a bylaw made pursuant to Section 606.1 of
the Municipal Government Act.
8. A notice of a public hearing must be advertised at least five (5) days before the
public hearing occurs.
9. 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.
10. 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
subsections (7) through (9),
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 clause (a) and
subsection (9) to each owner of adjacent land at the name and address
shown for each owner on the assessment roll of the municipality.
11. If the land referred to in subsection (10)(b) is in Ponoka County, 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 assessment roll of Ponoka
County.
12. Notwithstanding subsection (6), 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.
13. In the public hearing, the Council
Page | 42
a.
must hear any person, group of persons, or person representing them,
who claims to be affected by the proposed bylaw and who has complied
with the procedures outlined by the Council; and
b.
may hear any other person who wishes to make representations and
whom the Council agrees to hear.
14. After considering the representations made to it about the proposed bylaw at
the public hearing and after considering any other matter it considers
appropriate, the Council may,
a.
refer it for further information or comment;
b.
pass the bylaw;
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.
15. 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.
Ponoka County, if it received a copy of the proposed bylaw pursuant to
subsection (11).
16. The Development Officer shall not accept an application for an amendment
which is identical or similar to an application which was refused by the Council,
for a period of three (3) 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.
17. In this section,
a.
"adjacent land" means land that is contiguous to the parcel of land that
is being redesignated and includes
i.
land that would be contiguous if not for a highway, road, river or
stream; and
ii.
any additional land identified by the Development Officer; and
Page | 43
b.
"owner" means the person shown as the owner of land on the assessment
roll prepared pursuant to the Municipal Government Act.
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Part 8 General Regulations
8.1.
Accessory Buildings
8.1.1. All Districts
1. Setback requirements for accessory buildings shall comply with the regulations
of this section where a conflict exists between this section and any District
Regulations.
2. For the purpose of calculating yard requirements as provided in this Land Use
Bylaw, an accessory building, if connected to the main building by a structural
element including but not limited to a common foundation, roof or wall, shall be
deemed to be part of the main building.
3. No part of an accessory building shall be located on or over an easement or
utility right-of-way unless authorised by the Development Authority.
4. An accessory building shall be situated so that the exterior wall is at least 1.0 m
(3.28 ft.) from the side and rear boundaries of the parcel.
5. No accessory building or any portion thereof shall be erected or placed within
the minimum required front yard of a parcel, except for those accessory
buildings listed in, or similar to those described in section 2.4 (6) Development
Not Requiring a Development Permit.
6. An accessory building shall not be used for human habitation except where a
secondary suite has been approved.
7. There shall be no more than one (1) Soft Sided Building approved per parcel at
any given time.
8.1.2. Residential Districts
1. The total number of accessory buildings permitted on a parcel shall not exceed
five (5).
2. An accessory building or any portion thereof may be erected or placed on the
rear or side boundary common to two parcels provided the accessory building
serves the two abutting parcels. The Summer Village may as a condition of
approval, require the owners to construct a firewall and cause to register a party
wall agreement on both affected titles.
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3. An accessory building shall be located a minimum of 3.0 m (10 ft.) from the
main building.
8.1.3. Secondary Suites
1. A secondary suite shall be restricted to a site occupied by a detached dwelling.
2. One (1) secondary suite may be allowed per detached dwelling lot.
3. A secondary suite shall not exceed 46 m2 (500 ft.2) in gross floor area.
4. A secondary suite developed on a second floor integral to an accessory building
shall not be more than 7.5 m (25 ft.) in height and shall not exceed the height
of the principal building.
5. Notwithstanding subsection 8.1.2(3), a secondary suite shall be situated so the
exterior walls are at least:
a.
1.5 m (5 ft.) from the side parcel boundaries and on a corner parcel no
closer to the street than the principal building;
b.
3.0 m (10 ft.) from the rear parcel boundary;
c.
3.0 m (10 ft.) from the principal building and any other accessory
buildings on the parcel.
6. One (1) off-street parking stall shall be provided per secondary suite in addition
to the required number of parking stalls for the principal building.
8.2.
Alternative Energy Collecting and Storing Devices
1. Solar energy devices attached to a principal or accessory building shall:
a.
be integrated so as to mimic the roof or wall/structure. The mounted
panel shall project no more than 0.15 m (6 in) from the surface of the
building;
b.
where located on buildings with flat roofs, not project vertically more
than 1.0 m (3.28 ft.) above the roof line in residential districts and not
more than 1.8 m (6 ft.) above the roof line in all other districts; and,
c.
not extend beyond the outermost edge of the roof or wall to which it is
mounted;
Page | 46
2. Solar energy devices not attached to a building shall:
a.
be located in a side or rear yard only;
b.
not exceed 2.5 m (8.2 ft.) in height above the ground; and
c.
be screened from adjacent properties with a fence or landscaping, to the
satisfaction of the Development Authority.
3. Wind Energy Devices shall:
a.
Be located in a side or rear yard only;
b.
Be subject to the district requirements for height on the parcel which they
are located;
c.
Be sized appropriately to the district in which they are located. Devices
located on residential lots shall be designed specifically to be for such
use;
d.
not generate any noise that extends beyond the property boundary in a
residential district;
4. The Development Authority may require provision of a visual and noise impact
statement including steps proposed to mitigate such impacts.
5. Geothermal Energy Devices shall:
a.
Be permitted provided its underground components meet the required
setbacks for accessory buildings in the district;
b.
In the case of above ground components, adhering to the following:
i.
in a residential district, be subject to the district requirements for an
accessory building on the lot where the device is located;
ii.
in all other districts, be subject to the district requirements for a
principal building on the lot where the device is located; and
iii.
not require a development permit, subject to meeting the
requirements of the district in which they are located.
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8.3.
Bed and Breakfast Establishments
1. Bed and breakfast establishments are allowed in the Summer Village provided
that they are secondary to the residential use of the dwelling. Such
accommodation shall not interfere with the use and enjoyment of the
neighbourhood as a residential area. In this regard, bed and breakfast
establishments shall comply with the following standards:
a.
alterations to the residence shall be limited so that a home can be easily
re-converted back to a residence and to ensure that the home is virtually
indistinguishable from other houses in the neighbourhood. Any
alterations are to be approved by the Development Authority;
b.
one sign only shall be permitted to identify, rather than advertise the
establishment. Such sign must not exceed 1.0 m² (10 ft.²) in area;
c.
off-street parking shall be provided as follows: two parking spaces for the
dwelling unit plus one space per guest room; and
2. A development permit issued for a bed and breakfast establishment does not
exempt compliance with health regulations or any other permit requirements.
8.4.
Building Demolition
1. In addition to the requirements of section 3.1, the Development Officer may
require an application for demolition of a building to be accompanied by a
statement indicating how the demolition will be carried out so as to avoid or
minimize the creation of nuisances or safety hazards.
2. Whenever a development permit is issued for the demolition of a building, it
shall be a condition of the permit that the site be properly cleaned, with all
debris removed, and left in a graded condition acceptable to the Development
Authority.
3. Where a permit is approved, the Development Authority may require the
applicant to provide a letter of credit or other security of such amount to cover
the costs of reclamation and any damages to utilities.
8.5.
Building Orientation and Design
1. The exterior finish on all buildings shall be of permanent material satisfactory to
the Development Authority.
Page | 48
2. The design, character, and appearance of any building, structure, or sign
proposed to be erected or located in any District must be acceptable to the
Development Authority having due regard to:
a.
Amenities such as daylight, sunlight and privacy;
b.
Compatibility with the design and appearance of existing development in
the vicinity, including, but not necessarily limited to, the facing materials,
roof pitches, eave depth, building mass and architectural detailing; and
c.
The buildings effect on adjacent parcels.
3. Rooflines and facades of large buildings where a single wall exceeds 30 m (99
ft.) shall be designed to reduce the perceived mass by the inclusion of design
elements such as arches, columns or gables with exterior finish materials
comprised of predominantly muted colours.
8.6.
Communication Towers
1. The height of the tower structure is limited to the maximum height limit of the
respective district, but antennas may extend above the structure.
2. The appearance of a communication tower shall be to the satisfaction of the
Development Authority.
3. When a communication tower/antenna is proposed in or adjacent to a
residential area, the Development Authority may notify and solicit written
comments from the area residents and/or landowners concerning the proposed
development.
4. Notwithstanding any of the municipal requirements outlined above, all
proponents for communication towers must comply with applicable federal
legislation and regulations, including but not limited to Industry Canada Client
procedures Circular (CPC 2-0-0-3) Radiocommunication and Broadcasting
Antenna Systems.
Page | 49
8.7.
Corner Visibility Setbacks
1. No person shall place or maintain a wall, fence, shrub, hedge, tree or other
object or structure which exceeds 1 m (3 ft.) in height in or upon that portion of
a lot or site within a sight triangle. Any vegetation placed in or upon that area
identified as a sight triangle which exceeds 1 m (3 ft.) in height, shall be kept
trimmed and/or pruned so as to not obstruct sight lines through the sight
triangle area.
8.8.
Driveways
1. The number of driveways on a property designated Residential shall be limited
to not more than one (1) driveway on a property with less than 40 m (131 ft.) of
frontage and not more than two (2) driveways for properties with more than 40
m (131 ft.) of frontage.
2. Notwithstanding subsection (1) above, a second driveway may be permitted at
the discretion of the Development Authority on a corner lot.
3. Where the Development Authority has approved a second driveway, according to
subsections (1) or (2), the second driveway shall not exceed 6.0 m (20 ft.) in
width.
4. The number of driveways on properties in all other districts shall be limited to
two (2), unless in the opinion of the Development Authority, additional
driveways are required for public safety or to effectively convey traffic between a
property and the street system.
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5. The width of driveways in all districts shall not exceed 7.2 m (23 ft.) unless, in the
opinion of the Development Authority, additional width is required for public safety
or to effectively convey traffic between a property and the street system. (2019-04)
8.9.
Fencing and Screening
1. The maximum height of a fence, as measured from grade, shall be:
a.
2.0 m (6.5 ft.) in the rear and side yards; and
b.
1.3 m (4 ft.) in the front yard.
2. Notwithstanding subsection 8.7 (1), a higher fence may be approved for public
safety, security, privacy, or buffering purposes at the discretion of the
Development Authority.
3. Where a fence is constructed on a retaining wall or where a significant difference
in grade exists on adjacent parcels, height shall be calculated as the average
combined height measured from grade on both sides of the fence and/or
retaining wall.
4. All fencing shall compliment the character and quality of the principal building.
5. Fences containing barbed wire are not permitted except in a commercial district
where barbed wire is required for security purposes and is located only in the
side and rear yards, above a height of 2.0 m (6.5 ft.).
6. Electric fences shall not be permitted.
7. All commercial and industrial developments, which share a property line with a
residential development or a lane which abuts a residential development, shall
Page | 51
be screened from the view of the residential development with a 2.0m (6.56 ft.)
fence and/or landscaping to the satisfaction of the Development Authority.
8. For any site where noise is a potential nuisance, the Development Authority may
specify that fencing be designed to attenuate noise. Where noise attenuation
fencing is required, the developer/applicant may be required to submit a report,
prepared by a qualified professional, outlining the type and specifications for
the fencing.
9. Materials and landscaping used for screening and buffering shall provide year
round screening.
8.10. Home Occupations
1. A home occupation may be operated from within the principal dwelling, or an
accessory building.
2. Any required outside storage of equipment, materials, commodities, packaging,
or finished products shall be screened from adjacent parcels to the satisfaction
of the Development Authority.
3. A home occupation shall not include any use or operation which detracts from
the amenities of the residential neighbourhood by way of creating dangerous or
objectionable conditions.
4. No commodity other than the product or service of the home occupation shall
be sold on the premises.
5. Shall not have more than one (1) employee who is not a permanent resident of
the dwelling, on the parcel at any one time.
6. A home occupation shall be incidental and subordinate to both the residential
use and the accessory building.
7. Signage for the home occupation shall be limited to one un-illuminated window
sign, not exceeding 50% of the area of the window, or one A-Board sign no
larger than 1.0 m2 (10 ft2) advertising the one home occupation operated from
the parcel.
8. A permit issued for a home occupation is liable for recall at any time after 30
days and is valid for two years, at which time the applicant may reapply.
Page | 52
8.11. Manufactured Homes
1. The external appearance of manufactured homes must be acceptable to the
Development Authority having regard to compatibility with other buildings in
the vicinity and must have:
a.
A minimum roof pitch of 4:12;
b.
A minimum roof overhang or eaves of 0.4 m (16 inches) from each
external wall;
c.
A maximum length to width ratio of 3:1; and
d.
A minimum width of 6.0 m (20 ft.).
2. All skirting and structures attached to the manufactured homes shall be factory
built with matching exterior finish or be of durable all weather construction
designed in a manner that will enhance the appearance of the overall
development when assembled.
3. Manufactured homes shall be no older than ten (10) years as of the date of a
completed development permit application for their placement and shall be
similar and consistent with the character of the area.
8.12. Moved-In Buildings
1. No person shall locate on a parcel a building which has previously been erected
or placed on a different parcel, or alter the location on a parcel of a building
which has already been constructed on that parcel, unless a development permit
has been issued by the Development Authority.
2. In addition to the requirements of section 3.1 (Application for Development), the
Development Officer may require an application for a development permit to be
accompanied by:
a.
recent colour photographs showing all sides of the building;
b.
a statement of the age, size and general condition of the building;
c.
a statement prepared and signed by a qualified person on the structural
condition of the building; and
d.
an indication of the improvements proposed to the building.
Page | 53
3. Where a development permit has been granted for the relocation of a building
either on the same parcel or from another parcel, the Development Officer may
require the applicant to provide a letter of credit or other security of such
amount to ensure completion of any renovations set out as a condition of
development approval.
8.13. Non-Conforming Uses and Buildings
1. A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of 6 consecutive months or more, any future use of
the land or building must conform with the Land Use Bylaw then in effect.
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 to it or
in it.
3. A non-conforming use of part of a parcel may not be extended or transferred in
whole or in part to any other part of the parcel and no additional buildings may
be constructed on the parcel 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 routine maintenance of the building, if the Development Authority
considers it necessary, or
c.
in accordance with the provisions of section 2.12 (5) (variances).
5. If a non-conforming building is damaged or destroyed to the extent of more
than 75% of the value of the building above its foundation, the building may not
be repaired or rebuilt except in accordance with this Land Use Bylaw.
6. The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
8.14. Number of Dwelling Units on a Parcel
1. The number of dwelling units allowed on any parcel shall not exceed one (1),
except where the additional dwelling unit is an approved secondary suite.
Page | 54
8.15. Objects Prohibited or Restricted in Yards
1. Garbage shall be stored in weather and animal proof containers, screened from
adjacent sites and public thoroughfares.
2. Outside storage areas shall be screened from adjacent sites and thoroughfares.
3. No person shall keep or permit in any part of the parcel in any residential
district:
a.
any dismantled or wrecked vehicle for more than fourteen consecutive
days, or
b.
any truck or truck tractor in excess of 6804 Kg gross vehicle weight for
longer than is reasonably necessary to load or unload such a vehicle,
c.
any object or chattel which, in the opinion of the Development Authority,
is unsightly or tends to adversely affect the amenities of the surrounding
area, or
d.
any excavation, storage or piling up of building materials or supplies
required during the construction of a development unless all necessary
safety measures are undertaken and the situation does not prevail longer
than the Development Authority considers necessary for completion of
construction work on the site.
8.16. Outdoor Hot Tubs and Whirl Pools
1. Every outdoor hot tub or whirl pool shall be secured against entry by the public
other than owners, tenants or their guests.
2. Outdoor hot tubs and whirl pools shall not be located within any required
minimum front or side yard.
Page | 55
8.17. Parking
1. An off-street parking area or accessory off-street parking area:
a.
shall not be located within 1 m (3.25 ft.) of a lot line;
b.
shall be constructed so that adequate access to and exit from each
parking space is to be provided at all times by means of maneuvering
aisles designed to the satisfaction of the Development Authority;
c.
shall have necessary access located and constructed to the satisfaction of
the Development Authority; and
d.
shall be adequately signed so as to direct access to it.
2. All parking areas shall conform to the requirements outlines in the table below.
(a) Parking
Angles in
Degrees
(b) Width
of Space
(c) Depth of
Space
Perpendicular
to
Maneuvering
Aisle
(d) Width of
Space
Parallel to
Maneuvering
Aisle
(e)
Overall
Depth
(f) Width of
Maneuvering
Aisle
0
2.7 (9)
2.7 (9)
7.0 (23)
9.1 (30)
One Way 3.6
(12)
30
2.7 (9)
5.2 (17)
5.5 (18)
14.0 (46)
One Way 3.6
(12)
45
2.7 (9)
5.8 (19)
4.0 (13)
15.2 (50)
One Way 3.6
(12)
60
2.7 (9)
6.1 (20)
3.1 (10)
18.2 (59)
One Way 6.0
(19.5)
90
2.7 (9)
6.1 (20)
2.7 (9)
19.5
(64.5)
Two Way 7.3
(24)
Page | 56
3. Within the Commercial District, the Development Authority may require some
parking spaces provided to be a minimum width of 3 m (10 ft.) and a minimum
depth of 20 m (65.5 ft.), specifically designed for large trucks. Maneuvering
aisles and accesses will be sized appropriately to permit vehicular access to
these spaces.
4. Every off-street parking space provided, and the access thereto, shall be hard
surfaced if the access is from a street or lane which is hard surfaced; parking
areas must be paved or of gravel mixture as approved by the Development
Authority.
5. Each parking area shall be so graded and drained as to dispose of all storm
water runoff. In no case shall drainage be allowed to cross a sidewalk unless
allowed otherwise by the Development Authority.
6. The minimum number of off-street parking spaces required for each building or
use shall be as in the following table. In the case of a use not specifically
mentioned, the required number of off-street parking spaces shall be the same
as for a similar use as determined by the Development Authority. Where a
development falls within more than one class, the required number of spaces
shall be the sum of the requirements for each of the development classes.
Page | 57
Use of Building or Development
Minimum No. of Parking Spaces
Detached Dwelling, Manufactured
Homes
2 per dwelling unit
Secondary Suites
1 per dwelling unit
Home occupations
1 additional stall
Commercial
2.5 per 100 m2 (1076 ft2)
Places of Public Assembly
1 per 4 seats
All other uses not listed
To the Satisfaction of the
Development Authority
8.18. Personal Recreational Use
1. Where a Personal Recreational Use has been approved, up to three (3)
recreational vehicles or developed pads to accommodate a recreational vehicle
may be permitted. The three (3) recreational vehicles or developed pads shall
collectively be considered the main or principal building for the site.
2. Recreational vehicles being placed on a parcel where approval for a Personal
Recreational Use has been granted shall maintain a 1m (3ft) setback from all
side and rear property boundaries. The setback shall be measured from the
property boundary to the nearest portion of the recreational vehicle with any
slide outs and pull outs fully extended.
3. Recreational vehicles being placed on a parcel where approval for a Personal
Recreational Use has been granted shall not be located in the minimum required
front yard, except where the Development Authority determines that the slope
of the parcel provides no other suitably level location for the placement of the
recreational vehicle.
4. The maximum number of accessory buildings on a site where a Personal
Recreational Use has been approved shall be one (1) accessory building per
approved recreational vehicle or developed pad for a recreational vehicle up to a
maximum of three (3) accessory buildings. For the purposes of this section,
decks shall not be counted as part of the maximum number of allowable
accessory buildings.
Page | 58
5. Accessory buildings which are constructed on parcels with the principal use
Personal Recreational Use shall be sited on a parcel so as to not impede the
potential for future development of a detached dwelling.
6. The Development Authority, at their discretion, may require the installation of a
private sewage disposal system, to be installed:
a. in an area where recreational vehicles on-site can be directly connected to,
or
b. in an area that is easily accessible to the recreational vehicles for periodic
use, or
c. as otherwise approved at the discretion of the Development Authority.
8.19. Projections into Yards
1. Building projections constructed on foundation walls and footings shall be
deemed to be part of the building and shall not be considered a projection over
a yard.
2. Subject to the requirements of the Alberta Building Code, the following features
may project into any yard required by the Land Use Bylaw:
Feature
Yard in Which
Projection is Permitted
Maximum Permitted
Projection into the
Minimum Required
Yard
Eaves, chimney
Any Yard
61 cm (2 ft.)
Unenclosed steps and
exterior staircases
Front and Rear Yards
Side Yards
1.5 m (5 ft.)
61 cm (2 ft.)
Bay or Box window
Front and Rear Yards
Side Yards
1 m (3 ft.)
61 cm (2 ft.)
Unenclosed verandas,
porches, balconies,
terraces, patios or decks
Front Yards
Rear Yards
Side Yards
1.8 m (6 ft.) including
eaves and cornices
3.5 m (11 ft.)
61 cm (2 ft.)
Cantilevered wall sections
with a width less than 2.5
m (8 ft.)
Rear and Side Yards
61 cm (2 ft.)
Page | 59
8.20. Recreational Vehicles
1. Where a detached dwelling exists, the maximum number of recreational vehicles
that may be stored on site when not in use for overnight accommodation is one
(1).
2. Where a personal recreational use has been approved, the maximum number of
recreational vehicles that may be stored on site when not in use for overnight
accommodation shall not exceed the number of recreational vehicle pads that
have been approved as part of the personal recreational use.
3. Up to three (3) recreational vehicles may be situated and occupied on a
residential parcel where a detached dwelling exists.
4. Up to three (3) recreational vehicles may be situated and occupied on a
residential parcel where a permit has been issued for a personal recreational
use.
5. A maximum of two (2) additional recreational vehicles above the number
indicated in subsection 3 or subsection 4 above, is allowed for no more than 7
consecutive days.
6. Where a dispute arises as to the initial date of occupancy or any time period
specified in subsection 5, the Development Authority shall decide thereupon.
8.21 Signs
1. A Sign shall not conflict with the general character of the surrounding
streetscape or the architecture of nearby Buildings or be liable to create a
cluttered appearance to the streetscape.
2. No Sign shall project higher than the roof-line of the Building to which it is
attached.
3. A Sign shall not project closer than 0.75 m (2.5 ft.) to the existing or future curb
line.
4. Where a Sign projects over public property, a minimum clearance of 2.5 m (8.2
ft.) above Grade level shall be maintained.
5. Notwithstanding subsection (4), where a Sign is located in or projects into or
over a Driveway or other area of vehicle movement, a minimum clearance of 4.6
m (15.1 ft.) above Grade level shall be maintained.
Page | 60
6. A Sign shall not obstruct the view of or be liable to be confused with an official
traffic sign, signal or device or otherwise pose a potential hazard to traffic.
7. A Sign shall not display lights which may be mistaken for the flashing lights
customarily associated with danger or those used by police, fire, ambulance or
other emergency vehicles.
8.22 Special Setback Regulations and Requirements
Notwithstanding any specific provisions in this Land Use Bylaw, setbacks in excess
of the minimum yard requirements may be required when deemed necessary by the
Development Authority.
8.22.1. Sites Adjacent Pipeline Rights-of-Way
Notwithstanding any other provision of this Land Use Bylaw, where a development is
proposed on a site adjacent a pipeline as defined in the Pipeline Act no part of any
building to be occupied by persons on a regular basis shall be constructed closer
than 15 m (49 ft.) from the edge of the pipeline right-of-way. In certain instances, a
greater distance may be required by the Development Authority after consultation
with the pipeline operator.
Page | 61
8.23 Tourist Homes
1. A valid development permit issued by the Summer Village is required to operate
a tourist home.
2. Tourist home permits will initially be issued for 2 years, after which the
applicant may reapply for a development permit that may not have a set time
limit.
3. Tourist homes shall be limited to one rental unit per parcel.
4. The maximum number of bedrooms allowed in a tourist home shall be five (5),
and the number of approved bedrooms shall be stated on the development
permit.
5. The operator of a tourist home shall provide the Summer Village with the name
and phone number(s) of at least one local person (adult) that is authorized to act
on the owner/operator's behalf in the owner/operator's absence. The
owner/operator is responsible for informing the Summer Village of any changes
in this information.
6. In residential districts tourist homes shall not display any sign other than one
board or window sign not exceeding 1.0 m² (10 ft2) advertising the tourist
home.
7. On-site parking shall be provided in accordance with the following:
a.
Where front yard parking is permitted, a maximum of 50% of the front
yard may be used for driveways and parking stalls.
b.
Parking stalls shall be provided at the following rate:
i.
A minimum of two (2) stalls for one - three bedroom units, three (3)
stalls for four bedroom units, and four (4) stalls for five bedroom
units.
8.24 Temporary Buildings
1. The Development Officer may conditionally approve a temporary building, to be
placed on a site subject to the owner agreeing to remove the building in
accordance with the terms and conditions affixed to the development permit.
Page | 62
2. The Development Authority may issue a Development Permit for a Temporary
Building that will include conditions concerning:
a.
the size, height and location of the Building,
b.
the appearance of the Building,
c.
the length of time within which the Building may remain erected, to a
maximum of 12 months, and
d.
the provision of a performance bond to ensure the Building is removed
within 30 days of the expiry of the Development.
3. The Development Authority may consider a renewal of the Development Permit
upon the submission of a new Development Permit application.
4. There shall not be more than one (1) temporary building approved per parcel at
any given time.
5. A sea/land container may be approved, by the Development Authority, for
placement within the rear yard of a residential parcel for temporary storage for a
maximum of 90 days.
8.25 Site Grading, Placement of Fill and Drainage of Properties
1. No land shall be stripped or graded or raised or filled unless a development
permit has been issued or the activity is exempt under Section 2.4 of this bylaw.
2. Site grading that alters or impacts natural drainage patterns or affects an
abutting property or municipal roadway shall not be permitted unless allowed by
the Development Authority in accordance with an approved grading and
drainage plan.
3. A private driveway shall not be constructed to interfere with the natural drainage
of water, and if a driveway is constructed across a drainage ditch, a culvert must
be installed to the satisfaction of the Development Authority.
4. Any changes to grading shall be done so that the finished grade and contours
do not direct surface drainage onto an abutting parcel unless otherwise
approved by the Development Authority and made subject to a drainage
easement agreement over the affected parcel or parcels.
Page | 63
5. All roof drainage from any building on a parcel shall be directed onto the parcel
upon which such building is situated by means of eave troughs and downspouts
or other suitable means to the satisfaction of the Development Authority.
6. Where the final site grades of a parcel have been established through approved
engineering drawings, the Development Authority shall require the grading and
elevations of the parcel to meet the requirements of the approved engineering
drawings and storm water collection system for the area.
Page | 64
Part 9 District Regulations
9.1.
Residential (R) District
Purpose
To provide an area for high quality resort residential development in the form of
single detached dwellings and personal recreational vehicle use.
Permitted Uses
a) Single Detached Dwellings;
b) Personal Recreational Use; and
c) Accessory Buildings.
Discretionary Uses
a) Accessory Uses;
b) Bed and Breakfasts;
c) Home Occupations;
d) Manufactured Homes;
e) Secondary Suites;
f) Tourist Homes;
g) Essential Public Services;
h) Public Utility Building; and
i) Public Parks.
Development Standards
Minimum Parcel Area
1,858 m2 (20,000 ft2)
Minimum Parcel Frontage
30 m (100 ft.)
Maximum Principal Use Parcel Coverage
20%
Maximum Accessory Building Parcel
Coverage
10%
Minimum floor area for Principal Building
60 m2 (650 ft2) at grade
Maximum Building Height for Principal
Building
10 m (33 ft.)
Maximum Building Height for Accessory
Building
6.75 m (22 ft.) if floor area of
accessory building is 37m2 (400 ft2) or
more
5 m (16.4 ft) if floor area of accessory
Page | 65
building is less than 37m2 (400 ft2)
Yards - Principal Building Only (except for Personal Recreational Use)
Minimum Front Yard
8 m (26 ft.)
Minimum Rear Yard
6 m (20 ft.)
Minimum Side Yard
3 m (10 ft.)
Special Provisions for Lakefront Lots
Notwithstanding the Development Standards above, a minimum rear yard of 8 m
(26 ft.) shall be required for all buildings including accessory buildings on
lakefront lots.
Site Servicing
Except for an approved Personal Recreational Use, every development shall
install a Private Sewage Disposal System approved by the safety codes agency
contracted by the municipality.
Holding tanks are the preferred method of private sewage disposal.
Individual onsite NSF 40 Advanced Wastewater Treatment Systems may be
approved for year-round use. This method will not be approved for seasonal
use.
The release of any wastewater, including grey water, is strictly prohibited on any
land within the municipality including ditches, public lands, and private
property.
Landscaping
Where no mature trees exist on a parcel, the minimum number of trees to be
planted shall be six (6).
Deciduous trees must have a minimum calliper width of 50mm (2in) measured
at a point 1.5ft above the top of the root ball.
Coniferous trees must have a minimum height of 1.8m (6ft) above the top of the
root ball.
Page | 66
9.2.
Commercial (C) District
Purpose
To provide land for the development of a range of commercial uses that are
conducive to the resort nature of the Summer Village.
Permitted Uses
a) Retail Stores;
b) Restaurants;
c) Personal Services;
d) Gas Bar; and
e) Accessory buildings.
Discretionary Uses
a) Accessory Motel;
b) Alcohol Sales;
c) Convenience Store;
d) Commercial Recreation and Entertainment;
e) Drinking Establishment;
f) Institutional uses;
g) Campground;
h) Park Model Campground;
i) Dwelling units above, beside or behind the ground floor;
j) Detached dwellings;
k) Signs; and
l) Utility building.
Development Standards
Minimum Parcel Area
1,858 m2 (20,000 ft2)
Minimum Parcel frontage
30 m (100 ft.)
Maximum Principal Use Parcel Coverage
50%
Maximum Accessory Building Parcel Coverage
10%
Maximum Building Height
10 m (33 ft.)
Yards - Principal Building Only
Minimum Front Yard
8 m (26 ft.)
Minimum Rear Yard
6 m (20 ft.)
Minimum Side Yard
3 m (10 ft.)
Page | 67
Site Servicing
Every Development shall install a Private Sewage Disposal System approved by
the safety codes agency contracted by the municipality.
Holding tanks are the preferred method of private sewage disposal.
Individual onsite NSF 40 Advanced Wastewater Treatment Systems may be
approved for year-round use. This method will not be approved for seasonal
use.
The release of any wastewater, including grey water, is strictly prohibited on any
land within the municipality including ditches, public lands, and private
property.
Dwelling Units
Developments incorporating dwelling units above, beside or behind the ground
floor shall:
a. Have an entrance that is separate and distinct from the entrance of any
non-residential component of the building;
b. Not be located on the same floor as a non-residential use unless there is
a physical separation of uses or entrances to the satisfaction of the
Development Authority.
Page | 68
Campground Standards
The purpose of the campground standards is to allow for the development of sites
intended for the seasonal placement of tents and/or recreation vehicles.
Campgrounds are not to be used for residential purposes.
In a campground the term "site" refers to an area that a user / renter has exclusive
use of for the placement of tent(s) and/or recreation vehicle and parking of
associated vehicles.
Development Standards
Minimum Parcel Area
All the land contained in the existing titled area
unless otherwise approved by the Subdivision
Authority.
Roads
7.0 m (23 ft.) wide, all weather construction
Landscaping
3.0m (10 ft.) strip around the perimeter of the
parcel
Screening
Screening from adjacent areas shall be to the
satisfaction of the Development Authority.
Play Space
As determined by the Development Authority
Emergency Access
All campgrounds and individual sites shall have
clear access and identification for protective and
emergency services.
Site/Stall Size and Density
Maximum Gross Density
38 sites/ha (15.4/ac)
Minimum Stall/Site Size
195 m2 (2,100 ft2)
Minimum Stall/Site Width
10.7 m (35 ft.)
Minimum Stall Depth
18.3 m (60 ft.)
Parking
1 all-weather stall (min. 3.0m x 6.0 m) per site,
plus 1 visitor stall per 10 sites
Storage Facilities
An area equal to a minimum of 2.5 percent of overall site is to be provided as a
storage area for the use of campground patrons to park boats and other
recreation vehicles.
On-site Manager
The provision of accommodation for an on-site manager may be permitted at
the discretion of the Development Authority.
Storage Sheds
- Only one storage shed per site.
- Sheds shall not be more than 10 m² (107.6 sq. ft.) in size.
Page | 69
- Sheds shall only be allowed in side or rear yards of sites.
- Sheds shall be a minimum of 1.0 m (3.3 ft.) from any site boundary.
- Sheds shall not be used for sleeping accommodations.
Other Standards
- Only one recreational vehicle shall be used as sleeping accommodation or
parked on a site overnight within a campground.
- The use of one tent per site is permitted in a rear yard.
- Tent garages (temporary fabric covered buildings / shelters) are not
permitted in campgrounds.
Services
Water and sewer services are intended for seasonal use only. Therefore common
water and sewer services shall be installed on-site to a limited depth satisfactory to
the Summer Village.
Page | 70
Park Model Campground Standards
The purpose of the park model campground is to allow for the placement of new
park model recreation vehicles on sites within a commercial campground for use as
seasonal recreational accommodation. Park model recreational vehicles are not to
be used for residential uses.
In a park model campground the term "site" refers to a clearly delineated area that a
user / renter has exclusive use of for the placement of one park model recreation
vehicle and associated uses.
Development Standards
Minimum Parcel Area
All the land contained in the existing titled area
unless otherwise approved by the Subdivision
Authority.
Minimum Site Area
Each site shall be a minimum of 235 m2 (2,530 ft2)
Sites Lines
Each site shall be clearly defined on the ground by
permanent flush stakes/markers.
Internal Roads
Internal roads shall be of all weather construction
built to a standard acceptable to the Development
Authority.
Landscaping
3.0m (10 ft.) strip around the perimeter of the
parcel
Screening
Screening from adjacent areas shall be to the
satisfaction of the Development Authority.
Play Space
As determined by the Development Authority
Emergency Access
All campgrounds and individual sites shall have
clear access and identification for protective and
emergency services.
Siting of Park Model Recreation Vehicles
Front Yard
6.0 m (20 ft.)
Side Yard
1.5 m (5 ft.) on a side without a door, or
3.0 m (10 ft.) on a side with a door
Rear Yard
4.5 m (15 ft.)
Notwithstanding the preceding siting provisions, all
recreational vehicles shall be setback 8 metres from
yards that abut the lakeshore.
Parking Stalls
- There shall be a minimum of two (2) off-street parking stalls per site.
- Each parking stall shall be a minimum of 3.0 m X 6.0 m (10 ft. X 20 ft.).
Page | 71
- Each parking stall shall be of all weather construction to a standard
acceptable to the Development Authority.
Storage Sheds
- Only one storage shed per site.
- Sheds shall not be more than 10 m² (107.6 sq. ft.) in size.
- Sheds shall only be allowed in side or rear yards of sites.
- Sheds shall be a minimum of 1.0 m (3.3 ft.) from any site boundary.
- Sheds shall not be used for sleeping accommodations.
Other Accessory Structures
Other accessory structures shall not be situated any closer to "site" boundaries than
as follows:
- Front site boundary:
6.0 m (19.7 ft.)
- Side site boundaries:
1.5 m (4.9 ft.)
- Rear site boundary:
4.5 m (14.8 ft.)
Storage Facilities
An area equal to a minimum of 2.5 percent of the overall site is to be provided as a
storage area for the use of campground patrons to park boats and other recreation
vehicles.
On-site Manager
The provision of accommodation for an on-site manager shall be at the discretion of
the Development Authority.
Other Standards
- No recreational vehicles, other than a park model, shall be used as sleeping
accommodation or parked on-site overnight within a park model
campground.
- The use of one tent per site is permitted in a rear yard.
- Tent garages (temporary fabric covered buildings / shelters) are not
permitted in park model campgrounds.
Services
Water and sewer services are intended for seasonal use only. Common water and
sewer services shall be installed on-site to a depth satisfactory to the Summer
Village.
Page | 72
9.3.
Park (P) District
Purpose
To provide land for recreational, educational and community uses.
Permitted Uses
a) Accessory Buildings and Uses;
b) Public Parks;
c) Public Uses; and
d) Natural Environment Area.
Discretionary Uses
a) Private Recreational Development; and
b) Public Utility Buildings.
Development Standards
Maximum Building Height
10 m (33 ft.)
Yards - Principal Building Only
Minimum Front Yard
8m (26 ft.)
Minimum Rear Yard
6m (20 ft.)
Minimum Side Yard
3m (10 ft.)
Site Servicing
Every Development shall install a Private Sewage Disposal System approved by
the safety codes agency contracted by the municipality.
Holding tanks are the preferred method of private sewage disposal.
Individual onsite NSF 40 Advanced Wastewater Treatment Systems may be
approved for year-round use. This method will not be approved for seasonal
use.
The release of any wastewater, including grey water, is strictly prohibited on any
land within the municipality including ditches, public lands, and private
property.
Page | 73
9.4.
Public Institutional (I) District
Purpose
To establish an area and provide for public and institutional uses.
Permitted Uses
a) Institutional Service Facility;
b) Educational Uses; and
c) Public Use.
Discretionary Uses
a) Accessory buildings and uses;
b) Essential Public Services;
c) Public Parks; and
d) Public utility buildings.
Development Standards
Minimum Parcel Area
1,858 m2 (20,000 ft2)
Minimum Parcel Frontage
30 m (100 ft.)
Maximum Parcel Coverage
30%
Maximum Building Height
10 m (33 ft.) or 2 floors above grade
Yards - Principal Building Only
Minimum Front Yard
8m (26 ft.)
Minimum Rear Yard
6m (20 ft.)
Minimum Side Yard
3m (10 ft.)
Site Servicing
Every Development shall install a Private Sewage Disposal System approved by
the safety codes agency contracted by the municipality.
Holding tanks are the preferred method of private sewage disposal.
Individual onsite NSF 40 Advanced Wastewater Treatment Systems may be
approved for year-round use. This method will not be approved for seasonal
use.
The release of any wastewater, including grey water, is strictly prohibited on any
land within the municipality including ditches, public lands, and private
property.
Page | 74
Schedule A - Land Use District Map
See attached map Schedule A - Land Use District Map on the last page.