This is the exact embedded text of the captured official document.
Snapshot a3f6b171cb2d · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
LAND LAND USE BYLAW
BYLAW No. 93-2020
T of CT
PART 1
1.1
TITLE
1
1.2
PURPOSE
1
1.3
MEASUREMENTS
1
1.4
COMPLIANCE WITH OTHER LAWS
1 PART
2.1
CONTROL OF DEVELOPMENT
2
2.2
DEVELOPMENT NOT REQUIRING A PERMIT
2
2.3
NON-CONFORMING BUILDINGS AND USES
3
2.4
DEVELOPMENT APPROVAL AUTHORITIES
4
2.5
FEES & FORMS
4 PART 3
3.1
APPLICATION FOR DEVELOPMENT
5
3.2
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
7
3.3
DECISION
7
3.4
DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
9
3.5
DEVELOPMENT AGREEMENT
10
3.6
VARIANCE PROVISIONS
10 PART 4
4.1
SUBDIVISION APPLICATION REQUIREMENTS
11
4.2
SUBDIVISION PROCESS
12
4.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
13
4.4
DUTIES OF THE SUBDIVISION AUTHORITY
13
4.5
SUBDIVISION REQUIREMENTS & CONDITIONS
14 PART 5
5.1
DEVELOPMENT APPEALS
15
5.2
SUBDIVISION APPEALS
16
5.3
APPEAL HEARINGS
16
5.4
APPEAL DECISION
17 PART 6
6.1
APPLICATION TO AMEND THE BYLAW
19
6.2
PUBLIC HEARING AND DECISION
19 PART
7.1
CONTRAVENTION AND PENALTIES
20
7.2
VIOLATION TICKETS
20 PART 8
8.1
ACCESSORY BUILDINGS AND USES
22
8.2
AMATEUR RADIO ANTENNAS
23
8.3
DEMOLITION OF BUILDINGS
23
8.4
DEVELOPMENT ON CORNER LOTS
24
8.5
DEVELOPMENT ON LANDS CONTAINING A HIGH-WATER TABLE
24
8.6
DEVELOPMENT ON HAZARDOUS LANDS
24
8.7
DRAINAGE
25
8.8
DRIVEWAYS
25
T of C
8.9
DWELLING UNITS ON A PARCEL
25
8.10 EXISTING SUB-STANDARD LOTS
25
8.11 FENCES, WALLS, HEDGES, AND ENCLOSURES
25
8.12 HOME OCCUPATIONS
26
8.13 KEEPING OF DOMESTIC PETS
27
8.14 KEEPING OF LIVESTOCK AND BEES
27
8.15 LAND OWNED/MANAGED BY THE SUMMER VILLAGE OF PELICAN NARROWS
28
8.16 LANDSCAPING
28
8.17 MOVED-IN BUILDINGS
29
8.18 MUNICIPAL SERVICES, WASTEWATER FACILITIES, & ROAD AVAILABILITY
29
8.19 NUISANCES
30
8.20 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
30
8.21 PARKING AND ACCESS
31
8.22 POLLUTION CONTROL
31
8.23 PRESERVATION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY BUILDING APPEARANCE AND EXTERIOR FINISH
31
8.24 PROJECTION INTO YARDS
31
8.25 RECREATIONAL VEHICLES
32
8.26 SEA CANS
32
8.27 SHORELINE
32
8.28 SIGNS
32
8.29 SOLAR ENERGY COLLECTION SYSTEMS
33
8.30 SOUR GAS FACILITIES
33
8.31 SUBDIVISION OF LAND
34
8.32 SUITES (GARAGE, GUEST HOUSE, AND SECONDARY)
34
8.33 TOPSOIL REMOVAL
34
8.34 UTILITY EASEMENTS
34
8.35 WIRELESS COMMUNICATION FACILITIES
35 PART 9
9.1
ESTABLISHMENT OF LAND USE DISTRICTS
37 PART 1
PART 1
PART 1
PART 1
PART 1
GUIDEG
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be used and buildings
can be either constructed or moved in) in the Summer Village of Pelican Narrows. Regulations vary depending on the
location and types of development. Other Bylaws or regulations of the municipality, Province or Federal Government must
also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works. Firstly, the Land Use
Bylaw maps divide the municipality into various Land Use Districts. Secondly, the text of the Land Use Bylaw details the uses
that are allowed in each District. Thirdly, the text provides additional regulations that apply to certain uses and/or within
certain Districts. The following steps may assist the user:
1.
Locate the subject property on the Land Use District maps. These maps divide the municipality into various Land
Use Districts. Each Land Use District has a designation such as Residential District (R). Take note of which Land Use
District the subject property is located in.
PLEASE NOTE:
LAND USE DISTRICTS ARE OFTEN REFERRED TO AS "ZONES" OR "ZONING." IN ORDER TO
CONFORM TO THE LANGUAGE OF THE MUNICIPAL GOVERNMENT ACT, THIS DOCUMENT USES
THE TERMS "DISTRICT" AND "DISTRICTING."
2.
Check the table of contents and locate the Land Use District you are interested in. Land Use Districts are listed in
Parts 10 and 11. In each Land Use District you will find a list of permitted and discretionary uses, subdivision
regulations, development regulations and other miscellaneous regulations. This determines how and what can be
developed in any given Land Use District. There are definitions in Part 13 that should also be consulted to ensure
that words and terms used in the Land Use Bylaw are understood.
3.
Review the Table of Contents to see if there are any general regulations that apply to the situation or use in
question. For example, Part 7 describes the enforcement procedure. Part 8 contains general regulations about
accessory buildings, home occupations, and recreational vehicles, to name just a few.
4.
Discuss your proposal/concern with Summer Village Administration; they can assist you with your development,
subdivision, general inquiry issues and to explain procedures. They can also assist with other situations such as
enforcement or a Land Use Bylaw amendment.
PLEASE NOTE:
THIS PAGE IS INTENDED TO ASSIST THE READER, AND DOES NOT FORM PART OF THIS BYLAW.
PART 1P
TITLE
This Bylaw may be referred to as "The Summer Village of Pelican Narrows 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 of Pelican
Narrows to achieve the orderly, economical, and beneficial development of land, and to maintain and improve the physical
environment. This bylaw shall, among other things:
1.
To divide the Summer Village into districts;
2.
To prescribe and regulate for each district the purposes for which land and buildings may be used;
3.
To establish the Development Authority;
4.
To establish a method of making decisions on applications for development permits including the issuing of
development permits;
5.
To provide the manner in which notice of the issuance of a development permit is to be given; and
6.
To establish the number of dwelling units allowed on a parcel of land.
No development shall be carried out within the boundaries of the municipality except in accordance with this bylaw. 1.3
MEASUREMENTS
Within this Bylaw, all measurements are in Metric. The Imperial equivalents provided in parentheses after each reference
to Metric units of measurement are approximate and intended for information only. 1.4
COMPLIANCE WITH OTHER LAWS
1.
Compliance with this bylaw does not exempt any person undertaking a development from complying with all
applicable municipal, provincial or federal laws, and respecting any easements, covenants, agreements or contracts
affecting the land or the development.
PART 2P
CONTROL OF DEVELOPMENT
No development other than that designated in Part 2.2 shall be undertaken within the municipality unless the
application for it has been approved and a development permit has been issued. 2.2
DEVELOPMENT NOT REQUIRING A PERMIT
1.
The following developments shall not require a development permit, provided they otherwise conform to all
provisions of the Land Use Bylaw:
a. The carrying out of works of maintenance or repair to any building, provided that such work does not
include structural alterations or major works of renovation that would require a building permit;
b. The completion of a building which was lawfully under construction on the date of the first publication of
the office notice required by the Act, provided that the building is completed in accordance with the terms
of any permit granted in respect of it and subject to the conditions to which such permit was granted and
provided also that the building, whether or not a permit was granted in respect of it, is completed within a
period of twelve (12) months from the said date of said approval;
c. The use of any building as is referred to in Part 2.2.1(b) for the purpose for which construction was
commenced;
d. The erection, construction, or maintenance, improvement or alteration of gates, fences, or walls or other
means of enclosure less than 0.9 m (3.0 ft) in height in front yards or in side yards abutting a highway or
road, and less than 1.8 m (6.0 ft) in rear yards or in other side yards, and the maintenance, improvement
and other alterations of any gates, fences or walls or other means of enclosure, unless the fencing material
is razor wire or barbed wire. An approved development permit shall always be necessary before razor wire
or barbed wire is used as a fencing material;
e. The erection or placement of a temporary building or sign, 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, provided the
temporary building or sign is removed within thirty (30) days of substantial completion or as determined
by the Development Authority.
f.
The maintenance and repair of a street, lane or utility carried out by or on behalf of federal, provincial and
municipal public authorities on land which is publicly owned or controlled;
g. a building or structure with a floor area of under 10.2 m2 (110.0 ft2) and a maximum height of 2.5 m (8.0 ft)
which is not on a permanent foundation and which satisfies all other applicable requirements of the Land
Use Bylaw;
h. The erection of campaign signs for federal, provincial, municipal or school board elections on privately-
owned lots for no more than thirty (30) days, or such time as regulated under provincial or federal
legislation provided that:
i. such signs are removed within fourteen (14) days after the election date,
ii. the consent of the property owner or occupant is obtained,
iii. such signs do not obstruct or impair vision or traffic,
iv. such signs are not attached to fences, trees, or utility poles; and
v. such signs indicate the name and address of the sponsor and the person responsible for removal;
PART 2
i.
The placement of one (1) sign on internal sites, or two (2) signs on corner sites advertising a residential
property for sale or rent displayed on the property to which it (or they) pertain(s) during the time the
property is being offered for sale or rent, with removal to be within one (1) day after the sale or rental
agreement has been entered into, provided that such signs are a maximum of 0.6 m2 (6.5 ft2) in area and
provided further that such signs are placed or erected no closer than 3.0 m (10.0 ft) to a road right-of-way;
j.
Development within a basement which does not change or add to the uses within a dwelling;
k. The removal of top soil in conjunction with a development for which a development permit has been issued
as per the requirements of Part 8.34 of this Bylaw;
l.
Grading and/or landscaping where the proposed grades will not adversely affect the drainage of the subject
or adjacent lots, but does not include, stockpiling or excavation;
m. Hard-surfacing of any yard area on a parcel for the purpose of providing vehicular access from a public
roadway to an on-site parking stall, provided that such hard-surfacing does not adversely affect the
drainage of the subject or adjacent lots;
n. The erection of towers, satellite dishes, electronic equipment, and other poles not exceeding 4.5 m (15.0
ft) provided that the structure is not located in a front yard or on a building or structure;
o. The demolition or removal of any building or structure for which erection a development permit was not
required pursuant to subsections (d) through (n) above, both inclusive;
p. The placement of one (1) apiary on a lot, consistent with the regulations of Section 8.14 - Keeping of
Livestock and Bees;
q. The temporary development of a tented structure. The tented structure must be well maintained and
securely anchored. Setback and height requirements for accessory buildings shall apply to temporary
tented structure. 2.3
NON-CONFORMING BUILDINGSAND USES
1.
A non-conforming use of land or a non-conforming use of a building may be continued, but if that use is
discontinued for a period of six consecutive months or more, any future use of the land or building shall conform
to the provisions of the Land Use Bylaw.
2.
A non-conforming use of part of a building may be extended throughout the building, but the building (whether or
not it is a non-conforming building) may not be enlarged or added to and no structural alterations may be made
thereto or therein.
3.
A non-conforming use of a part of a lot may not be extended or transferred in whole or in part to any other part of
the lot, and no additional buildings may be constructed on the lot while the non-conforming use continues.
4.
A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt, or
structurally altered except:
a. To make it a conforming building;
b. For the routine maintenance of the building, if the Development Authority considers it necessary;
c. As may be required by statute or bylaw;
d. In accordance with the powers possessed by the Development Authority pursuant to the Act and Part 4 of
this Bylaw to approve a development permit notwithstanding any non-compliance with the regulations of
this Bylaw.
5.
If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of the value of the
building above its foundation, the building may not be repaired or rebuilt except in accordance with the Land Use
Bylaw.
PART 2
6.
The use of land or the use of a building is not affected by reason of a change of ownership, tenancy or occupancy
of the land or the building. 2.4
DEVELOPMENT APPROVAL AUTHORITIES
1.
For the purposes of this Bylaw, the Development Authority shall be the person or persons appointed to be the
Development Authority by Council, with their duties and responsibilities that are specified in this Bylaw.
2.
The Development Authority shall:
a. Receive, consider and decide on development permit applications;
b. Keep and maintain for the inspection of the public during all reasonable hours a copy of this Bylaw and all
amendments thereto,
c. Keep and make available for inspection by the public a register of all applications for development permits
and the decisions made thereof;
d. Ensure that copies of this Bylaw can be purchased by the public at a reasonable cost;
e. Collect fees according to the governing Land Use Bylaw Fee Schedule as amended from time to time by
resolution of Council; and
f.
Perform such duties as established to enforce this Bylaw in conformance with the Act. 2.5
FEES & FORMS
1.
Council may, by resolution of Council, establish such fees as are required for the purpose of administering this
bylaw.
2.
Council may authorize the preparation and use of such forms and notices as are required for the purpose of
administering this bylaw. These forms shall not form part of the approved Summer Village of Pelican Narrows Land
Use Bylaw.
PART 3P
APPLICATION FOR DEVELOPMENT
1.
An application for development permit shall be completed and submitted to the Development Authority in writing,
in the form required by the Development Authority, and shall be accompanied by:
a. a non-refundable application fee, as established by Council;
b. a site plan showing:
i. front, side and rear yards;
ii. north point;
iii. legal description of the property;
iv. access and egress points to the property; and
v. the location and dimensions of existing and proposed municipal and private local improvements,
principal building and other structures including accessory buildings, garages, carports, fences,
driveways, paved areas, and major landscaped areas including buffering and screening areas where
provided;
c. a statement of the proposed use(s) or occupancy of all parts of the land and buildings, and such other
information as may be required by the Development Officer; and
d. a statement of ownership of the land and the interest of the applicant therein.
2.
In making a decision, the Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the development permit application
shall commence. Such information may include (but not limited to):
a. the location of existing and proposed municipal and private storm and sanitary sewage collection and
disposal, and water supply and distribution utilities, landscaped areas and buffering and screening;
b. the height and horizontal dimensions of all existing and proposed buildings;
c. outlines of roof overhangs on all buildings;
d. existing and proposed elevations on the site and on adjacent sites, roads and lanes;
e. post construction site and building elevations;
f.
floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in either
the basement or on the main floor in the principal and accessory buildings;
g. landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas, fences,
screenings, and outdoor furniture on the site and on adjacent boulevards within road rights-of-way;
h. drainage plans;
i.
a construction management plan;
j.
a hydrogeological assessment;
k. a geotechnical assessment;
l.
a wetland assessment;
m. a biophysical assessment;
n. a historic resource impact assessment;
PART 3
o. in the Residential District, the suggested location for a future driveway and garage or carport, if the
application itself does not include such buildings as part of the proposal;
p. future development plans for a site which is to be partially developed through the applicable development
permit;
q. in the case of a proposed home occupation, information concerning the number of employees, the location
of any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site
each week;
r. any other information or tests required by the Development Authority, at their discretion, respecting the
site or adjacent lands, including an environmental screening of the site, geotechnical reports and/or flood
hazard mapping;
s. a statutory declaration indicating that the information supplied is accurate; and
t. for a moved in (relocated) building, pictures of the exterior of the structure which provide information
relating to the age and condition of the building and its compatibility with the Land Use District in which it
is to be located.
3.
In addition to the information requirements indicated above, an application for a development permit for the
excavation or stripping of land that is proposed without any other development on the same land, may include with
the application, the following information:
a. location and area of the site where the excavation is to take place,
b. existing land use and vegetation,
c. the type and dimensions including average depth of the excavation to be done, and the potential, if any, to
affect existing drainage patterns on and off the site,
d. the depth and variation in depth of groundwater encountered in test holes, if required at the discretion of
the Development Authority,
e. identification of potential for outdoor noise and the discharge of substances into the air,
f.
the condition in which the site is to be left when the operation is complete, including the action which is to
be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling
or lessening erosion or dust from the site,
g. an indication of all municipal servicing costs associated with the development, and
h. the proposed haul route, dust control plan and expected hours of operation.
4.
The Development Authority may refer an application to an adjacent municipality or any other agency or person
which in their opinion may provide relevant comments or advice respecting the application.
5.
In addition to the information requirements indicated above, each application for a sign may be accompanied by
additional information at the discretion of the Development Authority.
6.
In addition to the information requirements indicated above, the Development Authority may also require any
phase of an environmental assessment to determine the possible contamination of the subject site and the
mitigating measures necessary to eliminate such contamination. Alternative to or in addition to the foregoing, the
Development Authority may require a biophysical assessment to determine the potential effects of a proposed
development on the natural environment, and the measures necessary to mitigate such effects.
7.
At the sole discretion of the Development Authority, any new development within an existing subdivision may be
required to provide to the Development Authority, for approval, an elevation plan of the subject site which indicates
where the storm water is to be directed. Storm water from the subject site is not to be directed onto adjoining
properties unless appropriate drainage easements or rights-of-way are in place. If the applicant for a development
permit indicates that the municipality is to verify compliance with the elevation and/or storm water management
PART 3
plan, the cost to verify that the lot grades have been completed according to the plan shall be included in the cost
of the development permit.
8.
The Development Authority may refer any application for a development permit to any municipal, provincial or
federal department, or any other person or agency considered affected by the Development Authority for
comments and recommendations.
9.
When, in the opinion of the Development Authority, sufficient details of the proposed development have not been
included with the application for a development permit, the Development Authority may, at its sole discretion,
deem the application incomplete and request the applicant provide further details or make a decision on the
application with the information it has available.
10.
The Development Authority may refuse to accept an application for a development permit if the application is for
a similar development on the same property as a development permit which has been applied for and refused by
the Development Authority or the Subdivision and Development Appeal Board within the last six (6) months.
11.
Where a development permit for an accessory building has been applied for before a main building or main use has
been developed on a lot, the applicant must provide a site plan which identifies the proposed location for the main
building or main use on the lot as part of the application. 3.2
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
1.
The Development Authority Officer shall, within 20 days of the receipt of an application for a development permit,
determine whether the application is complete.
2.
The time period referred to in Part 3.2(1) may be extended by an agreement in writing between the applicant and
the Development Authority Officer.
3.
An application is complete if:
a. in the opinion of the Development Authority Officer, the application contains the documents and other
information necessary to review the application; or
b. the Development Authority does not make a determination within 20 days after receipt of an application
for a development permit.
4.
If a Development Authority Officer determines that the application is complete, the Development Authority Officer
shall issue to the applicant, by means of posted letter or electronic notification, an acknowledgment that the
application is complete.
5.
If the Development Authority Officer determines that the application is incomplete, the Development Authority
Officer shall issue, to the applicant a notice, in writing or electronically, that the application is incomplete. This
notice shall list any outstanding documents and information required to review the application, and provide a date
by which the documents or information must be submitted in order for the application to be considered complete.
6.
If the applicant fails to submit all the outstanding information and documents on or before the date referred to in
Part 4.4(5), the Development Authority Officer must deem the application to be refused.
7.
Despite that the Development Authority Officer has issued an acknowledgment under Part 4.4(4) or Part 4.4(5), in
the course of reviewing the application, the Development Authority Officer may request additional information or
documentation from the applicant that the Development Authority Officer considers necessary to review the
application. 3.3
DECISION
1.
Where a proposed use of land or a building is not provided for in any district in this bylaw, the Development
Authority may determine that such use is similar in character and purpose to a permitted or discretionary use
prescribed for that district.
PART 3
2.
The Development Authority may approve an application for a development permit if the proposed development
does not comply with this bylaw, if:
a. They are satisfied that the proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
b. the proposed development conforms with the use prescribed for the land and building.
3.
Where a permit is refused, the Development Authority may refuse to accept a subsequent application for a permit
on the same property and for the same or similar use for a least six (6) months after the date of the initial refusal.
4.
An application for development permit shall be considered by the Development Authority who shall:
a. approve, with or without conditions, an application for a permitted use where the proposed development
conforms to this Bylaw, or
b. approve, with or without conditions, or refuse an application for a discretionary use, or
c. refuse an application for a use which is neither a permitted nor a discretionary use.
5.
In making a decision, the Development Authority may also impose such conditions as are required to ensure
compliance with this Bylaw including both the verification by either an official appointed by the municipality or by
certification by either an engineer, an architect, or an Alberta Land Surveyor that the measures indicated within the
various elements of information provided with the application, including any mitigative or elimination measures, as
described through the information provided pursuant to Part 3.1, have been completed or will be undertaken, as
appropriate, in accordance with the Development Authority's approval.
6.
The Development Authority may require that as a condition of issuing a development permit, the applicant enter
into a development agreement with the Municipal Council to do all or any of the following to construct or pay for
the construction of roads, pedestrian walkways or parking areas which serve the development or which connect
the walkway with another walkway system that serves or is proposed to serve an adjacent development, to install
or pay for the installation of public utilities other than telecommunications systems or works, to pay an off-site levy,
and/or to give security to ensure that the terms of the agreement noted herein are carried out.
7.
At the discretion of the Summer Village, a development agreement may be registered by caveat under the Land
Titles Act against the Certificate of Title for the subject property. The Summer Village will discharge this caveat once
the agreement has been complied with.
8.
The Development Authority may also require that as a condition of issuing a development permit, all requirements
of this Bylaw and of Provincial regulations be met, and that any further development on the subject site require a
development permit.
9.
In the case where a proposed specific use of land or a building is not provided for in any District in the Bylaw, the
Development Authority may determine that such use is similar in character and purpose to a permitted or
discretionary use prescribed for a particular District.
10.
An application for a development permit shall, at the option of the applicant, be deemed to be refused when a
decision thereon is not made by the Development Authority within forty (40) days after receipt of the application
by the Development Authority. The person claiming to be affected may appeal in writing as provided for in Part 5
of this Bylaw as though they have received a refusal at the end of the forty (40) day period specified in this
subsection.
11.
A Development Authority may suspend or revoke a development permit at any time:
a. where the permit was issued on the basis of incorrect information, fraud, non-disclosure, or
misrepresentation on the part of the applicant; or
b. where the permit was issued in error.
PART 3
12.
Where a development permit application in a land use district is for a temporary development, the Development
Authority:
c. may consider and decide upon a development for a specific period of time, not exceeding one year;
d. shall impose a condition on such a permit that the municipality is not liable for any costs involved in the
cessation or removal of the development at the expiration of the time period stated in the permit; and
e. may require the applicant to post acceptable security guaranteeing the cessation or removal of the
development to the greater of 25% of the value of the structure or $1,000. 3.4
DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION
1.
When a development permit has been issued for a permitted use and no variance to any regulation has been granted,
the Development Authority shall within five (5) working days after a decision on a development permit application
send a notice by regular mail of the decision to the applicant and post a notice in a place available to public view in
the Summer Village office, indicating the disposition of the application. Mailing the notice is not required when an
applicant picks up a copy of the decision.
2.
In addition to the above, within five (5) working days after a decision on a development permit application for a
discretionary use or after a variance has been granted, the Development Officer shall:
a. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all affected
adjacent land owners, as identified on the Summer Village Assessment Roll, to provide notice of the
decision and right of appeal; and
b. post notice of the decision on the Summer Village's website; and
c. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other
landowner, business, agency, adjacent municipality, person, group, organization or similar body that the
Development Authority deems may be affected to provide notice of the decision and right of appeal; or
d. within ten (10) days of the date such a development permit is issued, publish a notice of the decision in a
newspaper circulating in the municipality for two (2) consecutive weeks.
3.
The notice indicated in Parts 3.4.1 and 3.4.2 shall state:
a. the legal description and the street address of the site of the proposed development;
b. the uses proposed for the subject development,
c. any discretion that was granted in the approval of the development, whether by use or by interpretation
of this Bylaw, and any variation or relaxation in regulation that was made by the Development Authority
when the development permit was approved;
d. the date the development permit was issued; and
e. how an appeal might be made to the Subdivision and Development Appeal Board and the deadline for such
appeal.
4.
Except for those permits described in Part 3.4.1 hereof, a permit granted pursuant to this Part does not come into
effect until twenty-one (21) days after the date that notice of an order, decision, or development permit is received.
For the purposes of this Bylaw, notice is deemed to be received on the 5th day after the date of the issuance of the
order, decision, or permit. Any development proceeded with by the applicant prior to the expiry of this period is
done solely at the risk of the applicant.
5.
Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal
has been determined and the permit has been confirmed, modified or nullified thereby.
6.
If the development authorized by a permit is not commenced within twelve (12) months from the date of the date
of the issue of the development permit, and completed within twelve (12) months of the commencement of the
PART 3
development, the permit is deemed to be void, unless an extension to this period is granted by the Development
Authority.
7.
A development, once begun, shall not be abandoned or left for an extended period of time in what the Development
Authority considers to be an unsightly or unsafe condition.
8.
The application may be responsible for any damages to public or private property occurring as a result of
development.
9.
A decision of the Development Authority on an application for a development permit shall be given in writing.
10.
When a Development Authority refuses an application for a development permit, the decision shall contain reasons
for the refusal. 3.5
DEVELOPMENT AGREEMENT
1.
The Development Authority may require that as a condition of issuing a development permit, the applicant to enter
into an agreement to:
a. Construct or pay for the construction of public roadways, pedestrian walkways, or parking areas; and/or
b. Install or pay for the installation of utilities; and/or
c. Pay for an off-site levy or redevelopment levy imposed by bylaw.
2.
To ensure compliance with the development agreement, the Summer Village may register a caveat against the
certificate of title of the property that is being developed. This caveat shall be discharged when conditions of the
development agreement have been met. 3.6
VARIANCE PROVISIONS
1.
The Development Authority may approve an application for a development permit even though the proposed
development does not comply with the regulations of this Bylaw, or if the development is to be a rebuilding, an
enlargement, an addition, or a structural alteration of a non-conforming building, if, in the opinion of the
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 with the use prescribed for that land or building in this Bylaw.
2.
The Development Authority may approve an application for a development permit even though the proposed
development does not comply with the regulations of this Bylaw if, in the opinion of the Development Authority,
the proposed development is for the structural alteration of all existing dwellings on the lot to accommodate the
installation of private sewage disposal systems that meet the current Alberta Private Sewage Systems Standard of
Practice.
3.
Applications for development permits which require a variance are subject to the discretion of the Development
Authority, and may be refused regardless of whether construction has already commenced.
PART 4P
SUBDIVISION APPLICATION REQUIREMENTS
1.
All subdivision applications for lands within the Summer Village shall comply with the provisions under this Part.
2.
Approval of an Area Structure Plan or Outline Plan, prepared by a Registered Professional Planner (RPP), is
required for multi-lot subdivisions that will result in a total of five (5) or more lots. Additional supporting
information may be required depending on the magnitude and complexity of the proposed subdivision.
3.
A subdivision application may be submitted by:
a. the registered owner of the land to be subdivided; or
b. a person with written authorization to act on behalf of the registered owner.
4.
Multi-lot subdivisions shall be developed in accordance with the provisions of the land use district affecting the
subject site at time of application.
5.
If the proposed subdivision requires an environmental assessment under the Canadian Environmental
Assessment Act, the applicant shall file an environmental assessment in accordance with the Canadian
Environmental Assessment Act. A copy of the environmental assessment shall be submitted with the subdivision
application.
6.
If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or
Provincial agencies and organizations, the applicant shall file and obtain the appropriate reports and/or
approvals with relevant agencies and organizations. A copy of the required reports and/or approvals or licenses
shall be submitted with the subdivision application.
7.
Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and
Alberta Energy Regulator Directive 079 shall accompany every subdivision application.
8.
The tentative plan of subdivision shall:
a. clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to
subdivide;
b. show the location, dimensions and boundaries of:
i. each new lot to be created;
ii. reserve land(s), if required;
iii. the rights-of-way of each public utility, if required; and
iv. other rights-of-way, if required;
c. indicate the use, location, and dimensions of existing buildings on the land that is the subject of the
application, if any, and specify whether the buildings are proposed to be demolished or moved;
d. show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made)
that is contained within the boundaries of the proposed parcel of land;
e. identify the location of any existing or proposed water wells, the locations and type of any private
sewage disposal system(s), and the distance from these to existing or proposed buildings and property
lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active wells,
batteries, processing plants or pipelines within the proposed subdivision; and
g. identify the existing and proposed access to the proposed parcels and the remainder of the titled area.
PART 4
9.
The Subdivision Authority may also require an applicant to submit to the Subdivision Authority any or all of the
following:
a. a figure showing topographic contours at no greater than 1.5 m (5.0 ft) intervals;
b. if the proposed subdivision is not to be served by a water distribution system, information supported by
the report of a qualified professional, registered in the Province of Alberta, respecting the provision,
availability, and suitability of potable water on or to the land to be subdivided;
c. an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited
to, susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-
site sewage disposal system(s), prepared and signed by a qualified professional registered in the
Province of Alberta;
d. a storm water management plan, prepared by a qualified professional, which must be approved by
Alberta Environment and Parks including:
i. topography;
ii. proposed minor drainage system (ditches/pipes/catch basin locations/flow rate);
iii. proposed major drainage systems (direction of surface drainage/flow rate);
iv. proposed on-site detention/retention facility (location/size/capacity);
v. location of outflow/outfall structures; and
vi. any related modeling and calculation information.
e. if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the
1:100-year Flood Plain or highest and most frequent rain event series relevant to flooding of the land;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 mi.) of the land
proposed to be subdivided;
g. if any portion of the parcel of land affected by the proposed subdivision is situated within 1.5 km (0.9
mi.) of a sour gas facility, a map showing the location of the sour gas facility; and
h. where the proposed subdivision is staged or includes only a portion of the developable area within the
subject site, an approved Area Structure Plan or Outline Plan that relates the application to future
subdivision and development of adjacent lands.
i.
All applications for subdivision within areas identified as containing environmentally significant areas
may be required to provide:
i. A biophysical assessment; and/or
ii. A hydrological assessment which indicates potential impacts on the aquifer, riparian areas,
recharge areas and how these impacts will be mitigated; and/or
iii. A wetland assessment which delineates and classifies wetlands within the development area;
and/or
iv. Site plan which identifies how the development has been sited to avoid riparian areas and
contributing areas. 4.2
SUBDIVISION PROCESS
1.
The Subdivision Authority shall:
a. attend a pre-application submission meeting with development proponents (as requested);
b. receive all applications for subdivision applications;
c. assess and provide notice of a complete or incomplete application; and
PART 4
d. issue notices in writing as required in the Act. 4.3
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATION
1.
The Subdivision Authority shall within twenty (20) days of the receipt of an application for a development permit,
determine whether the application is complete.
2.
The time period referred to in subsection 4.3.1 may be extended by an agreement in writing between the
applicant and the Subdivision Authority or, if applicable, in accordance with a land use bylaw made pursuant to
section 640.1(a) of the Act.
3.
An application is complete if, in the opinion of the Subdivision Authority, the application contains the documents
and other information necessary to review the application.
4.
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue to
the applicant, in writing or electronically, an acknowledgment that the application is complete.
5.
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue
to the applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding
documents and information referred to in the notice must be submitted by a date set out in the notice or a later
date agreed on between the applicant and the Subdivision Authority in order for the application to be considered
complete.
6.
If the applicant fails to submit all the outstanding information and documents on or before the date referred to
in subsection 4.3.5, the Subdivision Authority must deem the application to be refused.
7.
Despite that the Subdivision Authority has issued an acknowledgment under subsection 4.3.4 or 4.3.5, in the
course of reviewing the application, the Subdivision Authority Officer may request additional information or
documentation from the applicant that the Subdivision Authority Officer considers necessary to review the
application. 4.4
DUTIES OF THE SUBDIVISION AUTHORITY
1.
Upon receipt of a completed subdivision application, the Subdivision Authority:
a. shall approve, with or without conditions, an application for a permitted use where the proposed
subdivision conforms to:
i. this bylaw;
ii. applicable statutory plans; and
iii. the Act and the Regulations thereunder;
b. shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i. applicable statutory plans; and/or
ii. the Act and the Regulations thereunder;
c. shall refuse an application for a subdivision if the proposed subdivision does not conform with this bylaw,
subject to subsection (d);
d. may approve, with or without conditions, an application for a permitted or discretionary use with
variances to the bylaw; and
e. prior to making a decision, the Subdivision Authority or Subdivision Authority may refer any application
for a permitted or discretionary use to any municipal department, external agency or adjacent
landowners for comment.
PART 44
SUBDIVISION REQUIREMENTS & CONDITIONS
1.
The Subdivision Authority of the Summer Village shall abide by the requirements of and consider the matters
indicated in Sections 652 to 670 of the Act.
2.
Subdivision approvals must comply with Part 17 and 17.1 of the Act and the Regulations therein.
3.
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a
separate title exists for a public utility or an institutional use.
4.
Where the development involves a subdivision of land, no development permit shall be issued until the
subdivision has been registered with Land Titles.
5.
More than one active subdivision application will not be allowed affecting a single titled area. Where a
subdivision is proposed for a titled area which is, at time of receipt of the new application, affected by an active
subdivision file, the new application will not be accepted and processed until the existing open file has been
closed or finalized to the satisfaction of the Summer Village's Subdivision Authority.
6.
The Subdivision Authority shall not approve a subdivision which is inconsistent with the Summer Village of
Pelican Narrows Municipal Development Plan (MDP) and/or the provisions of any statutory plans that affect the
land proposed to be subdivided.
7.
As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the Act;
either in the form of a lot (ownership transferred to the Municipality) or as an Environmental Reserve Easement
(private ownership is retained). The Summer Village may require that the proponent provide environmentally
significant hazard land as Environmental Reserve as a condition of subdivision approval.
8.
Property taxes must be up to date prior to final endorsement of any Subdivision within the Summer Village.
9.
The developer may be required to provide for Inclusionary Housing in accordance with the Act and the
Regulations therein.
10.
All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice
the future efficient development of the remnant lands.
PART 5P
DEVELOPMENT APPEALS
1.
The Subdivision and Development Appeal Board (SDAB), as established by County bylaw, shall hear and make a
decision on an appeal where a Development Authority:
a. refuses or fails to issue a letter deeming an application complete within twenty (20) days of receiving the
application; or
b. refuses or fails to issue a development permit to a person within forty (40) days of receipt of the application;
or
c. issues a development permit for a discretionary use, with or without conditions; or
d. issues a development permit for a permitted use where a variance is granted, with or without conditions;
or
e. issues a stop order under Section 645 of the Act; or
f.
refuses to issue a development permit; or
g. has not received all the outstanding information and documents from the applicant on or before the date
referred to in the deemed incomplete letter and the Development Authority has deemed the application
refused;
and the person applying for the permit or affected by the order, or any other person affected by an order, decision
or development permit of the Development Authority appeals to the Subdivision and Development Appeal Board.
2.
Despite subsection 5.1.1 above, for a development permit issued for a permitted use, no appeal can be made
unless: the provisions of this Bylaw were relaxed, varied or misinterpreted or the application was deemed refused.
3.
Despite subsection 5.1.1 above, no appeal lies to the Subdivision and Development Appeal Board in respect of the
issuance of a development permit in a Direct Control District where the decision was made by Council. If the
decision was made by a Development Authority, the appeal is limited to whether the Development Authority
followed the directions of Council.
4.
An appeal shall be made by serving a written notice of appeal to the Secretary of the Subdivision and Development
Appeal Board, with the applicable fee, within twenty-one (21) days of:
a. the date on which notification of the order, decision or permit issued by the Development Authority was
given in accordance with this Bylaw; or
b. the expiry date of the twenty (20) day period referred to in subsection 5.1.1(a) of this Bylaw has expired;
or
c. the expiry date of the forty (40) day period referred to in subsection 5.1.1(b) of this Bylaw has expired.
5.
An appeal may be launched by filing a notice with the Subdivision and Development Appeal Board by providing the
following:
a. the legal description and/or the municipal address of the property to which the decision, order or issuance
of the development permit relates;
b. the name, contact information and address of the appellant;
c. the reasons for the appeal and the issue or condition in the decision or order that are the subject of the
appeal; and
d. the payment of the required fees as determined by Council.
PART 55
SUBDIVISION APPEALS
1.
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a. by the applicant for the approval;
b. by a government department if the application is required by the Subdivision and Development Regulations
to be referred to that department;
c. by the council of the municipality in which the land to be subdivided is located if the council, a designated
officer of the municipality or the Municipal Planning Commission if the municipality is not the Subdivision
Authority, or
d. by a school board with respect to:
i. the allocation of municipal reserve and school reserve or money in place of the reserve;
ii. the location of school reserve allocated to it; or
iii. the amount of school reserve or money in place of the reserve.
2.
A notice of appeal on a decision of the Subdivision Authority may be made within twenty-one (21) days (14 days +
7 for mail delivery) after receipt of written notice of decision to the:
a. Municipal Government Board if:
i. the land that is the subject of the application is within the Green Area;
ii. as classified by the Minister responsible for the Public Lands Act; or
iii. the land that is the subject of the application contains, is adjacent to or is within the prescribed
distance of a highway, a waterbody, a sewage treatment or waste management facility or a
historical site; or
iv. in any other circumstances described in the regulations under Section 694(1)(h.2) of the Act;
b. Subdivision and Development Appeal Board:
i. for all other instances; or
ii. when a relevant agency or organization has entered into a written agreement to vary the distances
in Subsection (2)(a) above, under the Subdivision and Development Regulations.
If a notice of appeal is filed with the wrong Appeal Board, the Appeal Board that receives the application must refer
the appeal to the appropriate Appeal Board. The appropriate Appeal Board then must hear the appeal as if the
notice of appeal had been filed with it, and it is deemed to have received the notice of appeal from the applicant
on the date it receives the notice of appeal from the Appeal Board that first received the application. 5.3
APPEAL HEARINGS
1.
A Subdivision and Development Appeal Board hearing an appeal under Section 678 of the Act must hold the hearing
within thirty (30) days after receiving a notice of appeal.
2.
The Municipal Government Board hearing an appeal under Section 678 of the Act must hold the hearing within
sixty (60) days after receiving a notice of appeal.
3.
The Appeal Board shall give at least five (5) days' notice in writing of the appeal hearing to:
a. the appellant;
b. the applicant and/or the landowner;
c. the Subdivision Authority or Development Authority from whose order, decision or non-decision is made;
d. if land that is the subject of the application is adjacent to the boundaries of another municipality, that
municipality;
PART 5
e. any school board to whom the application was referred;
f.
every government department that was given a copy of the application pursuant to the Subdivision and
Development Regulations;
g. those landowners who were notified under this Bylaw;
h. any other person who, in the opinion of the Subdivision and Development Appeal Board, may be affected
by the order, decision or permit; and
i.
such other persons as the Subdivision and Development Appeal Board specifies.
4.
The Appeal Board shall make available for public inspection before the commencement of the appeal hearing all
relevant documents and materials respecting the appeal including:
a. the application for the development permit, its refusal and the appeal request;
b. the subdivision application, the decision and the appeal request; or
c. the order of the Development Authority,
as the case may be.
5.
At the appeal hearing the Appeal Board shall hear:
a. the appellant or any other person acting on the appellant's behalf;
b. the Approving Authority from whose order, decision or development permit the appeal is made, or if a
person is designated to act on behalf of the Approving Authority, that person;
c. any other person who was served with notice of the hearing and who wishes to be heard or a person acting
on that person's behalf; and
d. in relation to development permit appeals only, any other person who claims to be affected by the order,
decision or permit that the Appeal Board agrees to hear or a person acting on that person's behalf. 5.4
APPEAL DECISION
1.
The board shall give its decision in writing together with the reasons for the decision within fifteen (15) days of the
conclusion of the hearing.
2.
In determining a subdivision appeal, the Board hearing the appeal:
a. must act in accordance with any applicable Alberta Land Stewardship Act (ALSA) regional plan;
b. must be consistent with the Land Use Policies;
c. must have regard to any statutory plan;
d. must conform with the uses of land referred to in a Land Use Bylaw;
e. must have regard to but is not bound by the Subdivision and Development Regulations;
f.
may confirm, revoke or vary the approval or decision or any condition imposed by the Subdivision Authority
or make or substitute an approval, decision or condition of its own; and
g. may, in addition to the other powers it has, exercise the same power as a Subdivision Authority is permitted
to exercise pursuant to Section 680 of the Act or the regulations or bylaws under Section 680.
3.
In determining a development appeal, the Board hearing the appeal:
a. must act in accordance with any applicable Alberta Land Stewardship Act (ALSA) regional plan;
b. in the absence of a Alberta Land Stewardship Act (ALSA) regional plan, must comply with any applicable
land use policies;
c. subject to Section 638 of the Act, must comply with any applicable statutory plans;
d. subject to clause (g), must comply with any Land Use Bylaw in effect;
PART 5
e. must have regard to but is not bound by the Subdivision and Development Regulations;
f.
may confirm, revoke or vary the order, decision or development permit or any condition attached to any
of them or make or substitute an order, decision or permit of its own;
g. may, in addition to the other powers it has, exercise the same power as a Subdivision Authority is permitted
to exercise pursuant to Section 680 of the Act or the regulations or bylaws under Section 680.
4.
In the case of an appeal of the deemed refusal of an application, in which the Subdivision Authority considered
complete, the Board must determine whether the documents and information that the applicant provided met the
requirements of Section 653.1(2) of the Act.
5.
Subsection (4) above, does not apply to an appeal of the deemed refusal of an application under Section 653.1(8)
of the Act, in which an application was considered incomplete and the applicant failed to submit all the outstanding
information and documents required to be considered complete.
6.
The Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days of
the conclusion of the appeal hearing.
7.
If the decision of the Approving Authority to approve an application is reversed by the Appeal Board, then the
original permit or decision shall be null and void.
8.
If the decision of the Approving Authority to refuse an application is reversed by the Appeal Board, the date of the
written decision of the Appeal Board shall become the approval date.
9.
A decision made under this part of the Bylaw is final and binding on all parties and all persons subject only to an
appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to appeal to the Court of
Appeal shall be made:
a. to a judge of the Court of Appeal; and
b. within thirty (30) days after the issue of the decision sought to be appealed.
10.
A notice of an application for leave to the Court of Appeal shall be given to:
a. the Appeal Board; and
b. any other persons that the judge of the Court of Appeal directs.
PART 6
APPLICATION TO AMENDTHE BYLAW
1.
Council may at any time amend or repeal this Bylaw by directing the Development Authority to initiate an
amendment.
2.
A person may apply to have this bylaw amended, by applying in writing to Council, furnishing reasons in support of
the application and paying the fee required.
3.
All applications for amendment of the Land Use Bylaw shall be made to Council (by way of Administration) and shall
be accompanied by the following:
a. a statement of the specific amendment requested;
b. the purpose and reason for the application;
c. if the application is for a change of district:
i. the legal description of the lands;
ii. a plan showing the location and dimensions of the lands; and
iii. a copy of the Certificate of Title.
d. the applicant's interest in the lands;
e. an application fee, as determined by resolution of Council;
f.
the cost of advertising for the public hearing;
g. if requested by the Development Authority, drawings that are to scale, accurate, and complete.
h. such other information as the Development Authority or Council deems necessary to assess the motive of
the application.
4.
Upon receipt of an application for amendment to this Bylaw, the Development Authority shall determine when the
application will be placed before the Council and shall issue not less than ten (10) days' notice to the applicant
advising that he/she may appear before 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 of the completed application by
the Development Authority, including any requested supporting documents.
5.
Council, during deliberation of the Bylaw amendment application, may refer the application to such agencies as
considered necessary for comment.
6.
Council may request such information as it deems necessary to reach a decision on the proposed amendment.
7.
All costs incurred by the municipality during the processing of an amendment shall be borne by the applicant. 6.2
PUBLICHEARINGAND DECISION
1.
The 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 modifications; or
c. pass first reading of an alternate amendment to this Land Use Bylaw; or
d. call a public hearing prior to giving first reading to a bylaw to amend this Land Use Bylaw.
2.
All amendments to this Bylaw shall be made by Council by Bylaw and in conformance with the requirements the
Municipal Government Act with regard to the holding of a public hearing.
PART 7
CONTRAVENTION AND PENALTIES
1.
Where the Development Authority finds that a development or use of land or buildings is not in accordance with:
a. The Municipal Government Act; or
b. A development permit or subdivision approval; or
c. This Land Use Bylaw;
The Development Authority may, by notice in writing, order the registered owner, the person in possession of the
land or buildings, or the person responsible for the contravention, or all or any of them, to:
d. Stop the development or use of the land or building in whole or in part as directed by the notice; or
e. Demolish remove, or replace the development; and/or
f.
Take such other measures as are specified in the notice
so that the development or use of the land or buildings is in accordance with the Municipal Government Act, the
regulations, a development permit, subdivision approval, or this Bylaw as the case may be.
2.
Where a person fails or refuses to comply with an order directed to him or her under subsection 1 or an order of
the SDAB within the time specified, the Development Authority may, in accordance with the Municipal Government
Act, enter upon the land or building and take such action as is necessary to carry out the order.
3.
Where the Development Authority carries out an order, Council shall cause the costs and expenses incurred in
carrying out the order to be placed on the tax roll as an additional tax against the property concerned, and that
amount shall be collected in the same manner as taxes on land.
4.
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and is liable
upon summary conviction to a fine not exceeding $10,000.00 or to imprisonment for not more than one year, or
to both fine and imprisonment, pursuant to the Act.
5.
The Development Authority may suspend or revoke a development permit which has not been complied with
following notification, stating the reasons for such action.
6.
In addition to the process and penalties described above, the Development Authority or any other person identified
as a designated officer by the Council for the purposes of this Part shall be authorized to issue violation tickets in
respect to any contravention of this Bylaw. 7.2
VIOLATION TICKETS
1.
The Development Authority or any other person identified as a designated officer by the Council for the purposes
of this Part may issue a violation ticket to any person alleged to have breached any provision of this Bylaw.
2.
The violation ticket shall specify the alleged offence committed by the person to whom the violation ticket is issued
and require payment, within 21 days from the date of issue of the violation ticket, of a fine to the Summer Village.
3.
Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be liable for a penalty
of $100 for a first offence and $200.00 for a second or subsequent offence. Each day that a breach of the Bylaw
has occurred may be considered to be a separate offence.
4.
The violation ticket shall be served upon the alleged offender personally or by single registered mail. If payment is
made within the time limit, then such payment shall be accepted in lieu of prosecution for the offence.
5.
If a person who has been served with a violation ticket fails to pay the fine specified therein, then the right of the
alleged offender to settle the alleged offence without a court appearance shall no longer apply and prosecution for
the alleged offence shall proceed.
PART 7
6.
If the person who was served with the violation ticket is thereafter prosecuted and convicted of the offence
specified in the violation ticket, the fine imposed shall not be less than $200.00, plus court costs, for each offence.
7.
If a violation ticket has been issued with respect to a development which has occurred without an approved
development permit, all fines indicated above shall be doubled.
PART 8
ACCESSORY BUILDINGS AND USES
1.
The construction or relocation of an accessory building shall require a development permit.
2.
The following guidelines shall apply to all accessory building:
a. no accessory building shall be located in a front yard, except a garage may be located in the front yard of a
back lot, and a boathouse may be located in the front yard of a front lot· provided that it does not restrict
the view of the lake of other property owners;
b. in the case of corner lots, no accessory building shall be located in the side yard having street frontage
within 7.6 m (25.0 ft) of an intersection of streets, lanes or a street and a lane;
c. the minimum distance between buildings shall be 2.1 m (7.0 ft);
d. the minimum side yard setback shall be 1.5 m (5.0 ft);
e. the minimum rear yard setback shall be 1.5 m (5.0 ft);
3.
The siting of an accessory building on an irregularly shaped parcel shall be as approved by the Development
Authority.
4.
Where a building is attached to the main building on a site by its roof, an open or enclosed structure, a floor or a
foundation, it is considered to be a part of the main building and is not an accessory building.
PART 8
5.
Accessory buildings shall not be constructed or placed within required yards and setbacks as established in the
relevant district.
6.
The total floor area of all accessory buildings shall not exceed 12% of the site area.
7.
The total floor area for all buildings shall not exceed 35% of the area of the parcel.
8.
An accessory building shall not be located closer than 2.1 m (7.0 ft) to a main building.
9.
An accessory building shall not be located in the front yard of a lakefront lot. In the case of backshore lots, a garage
may be permitted in the front yard provided it is not located within the required front yard or side yard setbacks
from the principal building.
10.
In the case of other parcels, all accessory buildings shall be located in the rear yard and in the rear half of the parcel.
11.
A boathouse on a lakefront parcel will be located to the satisfaction of the Development Authority.
12.
All accessory buildings shall be fixed to the ground, or on a foundation.
13.
An accessory building shall be not more than 4.6 m (15.0 ft) high unless a development permit has been approved
for a garage suite. The maximum height of the garage suite shall be 7.3 m (24.0 ft) in height.
14.
An accessory building shall not be used as a dwelling.
15.
All accessory buildings shall be constructed of materials that blend harmoniously with the main building on the lot.
16.
At the discretion of the Development Authority, a maximum of one (1) temporary, portable structures or
recreational vehicle may be placed on a lot before a principal building or a main use is developed on the lot during
construction of the principal building.
17.
Building Permits and Service Permits required for the development of accessory buildings shall be obtained from
the Municipal District of Bonnyville. 8.2
AMATEUR RADIO ANTENNAS
1.
Amateur radio antennas shall only be allowed as accessory developments.
2.
An amateur radio antenna shall conform to the following provisions:
a. it shall be installed according to the manufacturer's specifications;
b. it shall be located in the rear yard;
c. it shall conform to the height regulations in the district in which the antenna is located;
d. it shall not be illuminated or have any signs affixed thereto; and
e. at the discretion of the development authority, it shall be adequately buffered from adjacent land uses. 8.3
DEMOLITION OF BUILDINGS
1.
The demolition of a building shall require a development permit, except as provided for in Part 2.2. Such a permit
shall not be considered for approval unless the application includes information describing:
a. how the demolition will be carried out; and
b. how the parcel will be reclaimed.
2.
Permits for the demolition of buildings in the Summer Village shall be obtained from the Municipal District of
Bonnyville.
PART 8
DEVELOPMENT ON CORNER LOTS
1.
On corner lots in any district, no fence, wall, tree, bush
structure or thing more than 0.9 m (3 ft) in height shall be
erected, placed or maintained within the triangular area
formed by the intersecting boundary lines of the lot adjacent to
the highway, or road and a straight line joining points on those
boundary lines 7.6 m (25.0 ft) from their intersection.
2.
On corner lots in any district, no fence, wall, tree, bush
structure or thing more than 0.9 m (3 ft) in height shall be
erected, placed or maintained within the triangular area
formed by the intersecting boundary lines of the lot adjacent to
two lanes or a lane, a road and a straight line joining points on
those boundary lines 6.0 m (20.0 ft) from their intersection.
3.
Notwithstanding any other provision of this Bylaw to the
contrary, the Development Authority may require that a
development on a corner site or on a double fronting site
provide two minimum required front yards, after having regard
to the orientation of adjacent lots and to the location of
accesses to the development.
4.
Notwithstanding any other provision of this Bylaw to the
contrary, where a second minimum front yard is not required
on a corner site, the minimum required side yard on the side
adjacent to the road shall not be less than 4.5 m (14.7 ft).
5.
Notwithstanding the regulations of this Part, features under 0.5
m (1.65 ft) above grade may project to the side line where a
second minimum front yard is not required on a corner site. 8.5
DEVELOPMENT ON LANDSCONTAINING A HIGH-WATER TABLE
1.
Residential development or any development generating sewage effluent shall not occur on lands containing a high
water table unless and until satisfactory arrangements are made to provide adequate fill or trenching so as to lower
the water table to a suitable level. In this respect, the Development Authority may require testing to confirm that
the water table has been suitable lowered.
2.
The Development Authority may refer to Alberta Environment and Parks or other applicable provincial agency, for
their comments prior to issuing a development permit for filling or trenching or for assistance in assessing any water
table results. 8.6
DEVELOPMENT ON HAZARDOUS LANDS
1.
It is the responsibility of the developer to provide adequate protection against flooding, subsidence and slumping.
The developer shall be responsible to engage such professional assistance as is determined necessary by the
Development Authority to demonstrate that a site is suitable for the proposed development.
2.
Development permit application for lands with a gross slope of greater than 15% shall be accompanied by a
geotechnical report prepared and stamped by a professional engineer.
3.
The Development Authority may consult with Alberta Environment and Parks, or other applicable Provincial agency,
to assist in determining high-water marks, floodplain area, banks and the like of the lake or its tributaries. Where
information is unavailable, it will be the responsibility of the development proponent to hire a qualified professional
to provide the required site information.
PART 8
4.
Lands Subject to Flooding or Subsidence
a. Notwithstanding that a proposed development conforms in all respects with this Bylaw, where the
application is for development on lands that are or may be subject to flooding or subsidence, or in an area
potentially subject to a 1:100 year flood, the Development Authority shall not approve a development
permit unless the applicant can demonstrate that preventive engineering and construction measures can
be instituted to make the site suitable for the proposed development or to protect the development from
the potential flooding/subsidence hazard.
b. If a development is subsequently approved in such an area, the developer shall be required to implement
the preventive measures referred to in subsection (a) above.
c. The Development Authority may impose conditions on the approval of a development permit requiring the
retention of trees, or additional planting of such a type and extent that is considered necessary to reduce
slope instability. 8.7
DRAINAGE
1.
Any landscaping or topographic reconstruction shall be such that the finished surface contours do not direct surface
drainage onto an adjoining lot unless an easement is registered as part of an approved stormwater management
plan. 8.8
DRIVEWAYS
1.
A development permit shall be required for a new driveway.
2.
Driveway construction shall not disturb or disrupt municipal stormwater management infrastructure.
3.
Culverts shall be designed and installed municipal standards at no cost to the Summer Village. 8.9
DWELLING UNITS ON A PARCEL
1.
Only one dwelling unit shall be permitted on a lot.
2.
Notwithstanding subsection (1) on lots in the Residential District which contain, as of the date of approval of this
Bylaw, a second dwelling unit, the additional dwelling unit (including kitchen facilities) shall be permitted. 8.10
EXISTING SUB-STANDARD LOTS
1.
Development on existing substandard lots may be allowed by the Development Authority. Compliance with the
Alberta Safety Codes Act and any applicable Provincial Board of Health Regulations shall be required. 8.11
FENCES, WALLS,HEDGES, AND ENCLOSURES
1.
Notwithstanding any regulation respecting required yards to the contrary in this Bylaw, a fence or hedge may be
constructed along a boundary line of a lot.
2.
No fence, wall, hedge, or other enclosure shall be:
a. Higher than 1.8 m (6 ft) in rear yards; or
b. Higher than 2.0 m (6.6 ft) in side yards, except on corner lots where it shall not be higher than 0.9 m (3.0
ft) in the side yard having street frontage;
c. Higher than 0.9 m (3.0 ft) in front yards, except in the case of a corner lot, the side yard adjacent to the
road shall be deemed to be a front yard for the purpose of this subsection; or
d. Higher than 0.9 m (3.0 ft) within 4.5 m (14.8 ft) of the intersection of lanes, roads, or any combination of
lane or roads.
PART 8
Such heights are to be measured as the average elevation from the ground at the fence or wall unless otherwise
provided in this Bylaw.
3.
Neither electrified nor barbed wire fences shall be permitted in the Summer Village, except on land used for
farmland.
4.
The use of electrified or barbed wire fences in the Summer Village shall require a Development Permit.
5.
Razor wire shall not be used in the Summer Village. 8.12
HOME OCCUPATIONS
1.
A minor home occupation shall comply with the following regulations:
a. A minor home occupation shall not employ any person on-site other than a resident of the dwelling.
b. No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance detectable
beyond the boundary of the lot on which the minor home occupation is located shall be produced by the
home occupation.
c. There shall be no outdoor business activity, or outdoor storage of material or equipment associated with
the minor home occupation allowed on the site. Storage related to the minor home occupation shall be
allowed only in either the dwelling or accessory buildings.
d. Business activities must be carried out entirely within the dwelling.
e. Up to ten (10) business visits per week are allowed.
f.
Exterior alterations or additions to accommodate a minor home occupation shall not be allowed.
g. No more than one (1) commercial vehicle up to but not exceeding a gross vehicle weight of 4,800 kg (10,560
lbs.), to be used in conjunction with the minor home occupation, shall be parked or maintained on the site
in a Residential District. The parking space for the commercial vehicle shall be adequately screened and
sited behind the principal building to the satisfaction of the Development Authority.
h. There shall be no exterior signage, display or advertisement other than a business identification sign, the
size of which shall be as per Part 8.28 of this Bylaw.
2.
A major home occupation shall comply with the following regulations:
a. The number of non-resident employees working on-site shall not exceed one (1).
b. Up to eight (8) business visits per day are allowed.
c. No more than one (1) commercial vehicle up to but not exceeding a gross vehicle weight of 4,800 kg (10,560
lbs.), to be used in conjunction with the major home occupation, shall be parked or maintained on the site
in the Residential District. The parking space for the commercial vehicle shall be adequately screened and
sited behind the principal building to the satisfaction of the Development Authority.
d. The outdoor storage of productions and materials shall be prohibited.
e. Any interior or exterior alterations or additions to accommodate a major home occupation may be allowed
at the discretion of the Development Authority, as along as such alterations comply with this Bylaw and the
Alberta Safety Codes Act and the regulations made thereunder.
f.
There shall be no exterior signage, display or advertisement other than a business identification sign, the
size of which shall be entirely at the discretion of the Development Authority.
g. Business activities must be carried out entirely within the dwelling.
3.
All home occupations shall comply with the following requirements:
a. In addition to a development permit application, each application for a minor home occupation or a major
home occupation shall be accompanied by a description of the business to be undertaken in the dwelling,
PART 8
an indication of the anticipated number of business visits per week, and details for the provision of parking
along with other pertinent details of the business operation.
b. When a development permit is issued for a home occupation, such permit shall be terminated should the
applicant vacate the property for which the permit has been issued.
c. A minor or major home occupation shall not occupy more than 20% of the floor area of the main dwelling
or 35 m2 (375 ft2), whichever is the lesser.
d. Home occupations shall not involve:
i. activities that use or store hazardous material in quantities exceeding those found in a normal
household; or
ii. any use that would, in the opinion of the development authority, materially interfere with or affect
the use, enjoyment, or value of neighbouring properties.
4.
A permit issued for a home occupation is valid for one (1) year or longer as determined by the Development
Authority. It is the obligation of the developer to seek renewal of a development permit prior to the expiry of the
time period for which the initial permit was issued. The Development Authority shall consider the renewal on its
merits.
5.
A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of the home
occupation has violated any provisions of this Bylaw or conditions of the approval of the development permit and
complaints based on the operation of the home occupation have been received. 8.13
KEEPING OF DOMESTIC PETS
1.
The keeping of domestic pets in the Residential District (R1) and the Large Holdings District (LH) shall be in
accordance with the following, without the need to obtain a development permit:
a. The total number of domestic pets per lot shall not exceed four (4) of which not more than three (3) shall
be dogs or any other single species.
b. The keeping of domestic pets not in accordance with this Part shall require a development permit. 8.14
KEEPING OF LIVESTOCKAND BEES
1.
The only livestock that may be permitted to be kept on a lot in the Residential District (R1) are laying hens.
2.
A maximum of six (6) laying hens may be kept on a lot in the Residential District (R1), without the need to obtain a
development permit.
3.
The keeping of livestock on a lot in the Large Holdings District (LH) shall be at the discretion of the Development
Authority. The Development Authority will have regard for ensuring that any proposed development for the
keeping of livestock includes the implementation of Best Management Practices that minimize negative impacts on
the environment.
4.
Every person who owns, possesses or keeps bees and every person on whose property bees are kept shall:
a. Keep a maximum of one (1) colony of bees;
b. maintain the bees in such a condition so as to reasonably prevent undue swarming or aggressive behaviour
by bees; and
c. ensure that the bees are re-queened if they are subject to undue swarming or aggressive behaviour.
5.
No person shall locate an apiary within 7.5 m (24.6 ft) of any property line except where the hive is situated either:
PART 8
a. 2.5 m (8.2 ft) or more above the adjacent ground level, and not less than 1.8 m (5.9 ft) from the property
line; or
b. less than 1.8 m (5.9 ft) above the adjacent ground level and behind a solid fence or hedge at least 1.8 m
(5.9 ft) in height running parallel to any property line and extending at least 6.0 m (19.7 ft) beyond the hive
in both directions.
6.
Building Permits and Service Permits necessary for the Keeping of Livestock shall be obtained from the Municipal
District of Bonnyville. 8.15
LAND OWNED/MANAGED BY THE SUMMER VILLAGEOF PELICAN NARROWS
1.
Private development on municipal reserves or environmental reserve land is strictly prohibited.
2.
Private development on municipally owned land including road allowances, is strictly prohibited.
3.
The cutting and/or removal of trees or underbrush from municipally owned land is strictly prohibited, unless prior
written permission is received from Council.
4.
The temporary placement of any structure, object or materials on municipally owned land is prohibited, unless prior
written permission is received from Council. 8.16
LANDSCAPING
1.
The Development Authority may require, as a
condition of the approval of a development
permit, the implementation of a landscaping plan.
2.
Development permit applications may be required
to include a landscaping plan. A landscaping plan
shall include all physical features (existing or
proposed) including shrubs, trees, flower beds,
berm contours, walls, fences, outdoor furniture,
surface utilities, and decorative paving.
3.
Landscaping and planting must be carried out
within a reasonable time period and shall be to the
satisfaction of the Development Authority.
Residential lots are to be kept free from extensive
weed growth.
4.
The
Development
Authority
may
impose
conditions requiring the retention or removal of
trees, as well as additional tree planting.
5.
Development on lots and the redevelopment of
new lots must be designed to provide a minimum
of 50% of the non-building area (e.g. lawn,
driveways, parking areas, etc.) on the lot as
permeable or semi-permeable surfaces to
support on-site water filtration and decrease
surface runoff areas (e.g. grasses, vegetation,
gravel, non-compacted soils, etc.).
PART 8
MOVED-IN BUILDINGS
1.
The movement of any building onto a lot, whether permanently or for a specific period of time, and whether or not
the building is portable or can easily be removed from the lot, shall require an approved development permit,
unless the floor are is under 9.3 m2 (100 ft2).
2.
Any person making application to move an existing building onto a parcel as a main or accessory building shall:
a. make the usual application for development permit;
b. provide photographs of the building showing each elevation and the general condition of the building; and
c. state the present location and use of the building.
3.
The Development Authority may, at their discretion, inspect the building, or cause the building to be inspected by
a person he or she appoints, and shall determine the suitability of the building for the proposed use.
4.
The Development Authority may, at their discretion, require that certain works of structural alterations, repair or
maintenance of the building and preparation of the proposed parcel be carried out as a condition of the issuance
of the permit.
5.
If these works are to be done after the building is moved onto the proposed parcel, the Development Authority
may require that a performance bond be posted, substantially equal to the cost of the necessary works. The bond
shall be released upon satisfactory completion of the work, but shall be forfeited if the work is not done within a
time frame established through the development permit, and not usually to exceed one (1) year.
6.
Any travel or other costs incurred by the Development Authority in processing a development permit for a moved-
in building shall be added to the fee for the development permit.
7.
Any renovations and any conditions imposed by the Development Authority to a moved-in building shall be
completed within one (1) year of the issuance of the development permit. Non-compliance shall result in the
forfeiture of the performance bond or letter of credit.
8.
When reviewing development permit applications for moved-in buildings, the Development Authority shall
consider the impact of the proposed moved-in building on the aesthetics and value of the adjoining properties.
9.
In the case of a building to be relocated, it shall, in the opinion of the Development Authority, be compatible, with
respect to age and appearance, with the buildings on adjacent lots once all required renovation and improvements
have been completed. 8.18
MUNICIPAL SERVICES, WASTEWATER FACILITIES,& ROAD AVAILABILITY
1.
All dwellings shall be provided with an onsite private sewage disposal system that conforms to all provincial
requirements.
2.
A development permit shall not be valid for a proposed use without the necessary approvals respecting the
proposed type of wastewater facilities required by Provincial regulation.
3.
A development permit shall not be issued for residential uses unless the Development Authority is satisfied that
water supplies of sufficient quality and quantity are available to support existing and proposed development.
4.
A development permit shall be required for construction of a wastewater disposal system.
5.
No development permit shall be issued for any building or use unless and until the Development Authority is
satisfied that the wastewater disposal system is satisfactory.
6.
Every residential dwelling shall provide an on-parcel wastewater disposal system consisting of a sealed
impermeable holding tank.
7.
All private wastewater disposal systems must meet current Alberta Private Sewage Systems Standard of Practice
and be installed by a certified installer.
8.
The construction and/or use of a pit toilet shall be prohibited in the Summer Village.
PART 8
9.
All wells and potable water cisterns shall require a development permit and shall be excavated in conformance with
the Alberta Building Code and all such other regulations which may apply to their construction.
10.
No development shall take place and no development permit shall be approved unless the lot on which the
development is to take place has direct access to a developed, all-weather road constructed to municipal standards
or better. Alternatively, the Development Authority may establish as a condition of approval that an all-weather
road be constructed by the developer/landowner to municipal standards or better from the nearest such road to
the lot.
11.
Where any onsite services or improvements, or any offsite local improvements are required to service a proposed
development, a person shall not begin the excavation for the foundation nor commence the development until the
Development Authority is satisfied that such services or improvements will be undertaken and a development
agreement has been entered into with the Summer Village. 8.19
NUISANCES
1.
No use or activity shall be undertaken which, in the opinion of the Development Authority, constitutes a nuisance
by reason of the generation of noise, vibration, dust, smoke, smell, toxic or noxious matter, traffic, radiation, fire,
explosions, heat, humidity, glare, waste, water, or stream.
2.
Sites and buildings shall be maintained in a safe condition, free from rubbish and debris. 8.20
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1.
No Person shall keep in their yards:
a. Any dismantled or wrecked vehicle for more than 14 consecutive days;
b. Any fur bearing animal other than domestic pets;
c. Any livestock or bees (except as provided for in Section 8.14 - Keeping of Livestock and Bees);
d. Any excavation, storage or piling up of materials required during the construction stage unless all necessary
safety measures are undertaken; the owner of such materials or excavation assumes full responsibility to
ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage
of construction work;
e. Any objects or chattel which, in the opinion of the Development Officer, is unsightly or tends to adversely
affect the safety and/or amenities of the Summer Village of Pelican Narrows.
2.
No person shall keep in any part of any yard in the Residential District any more than one (1) vehicle, loaded or
unloaded, of a gross vehicle weight in excess of 4,800.0 kg (10,560 lbs.) for longer than is reasonably necessary to
load or unload the vehicle.
3.
Regulation 8.20(2) above does not apply to recreational vehicles.
4.
Outside storage areas shall be screened from adjacent parcels and thoroughfares.
5.
On lots in the Residential District which are:
a. greater than 1.2 ha (3.0 ac.) in area; and
b. where the proponent can prove to the satisfaction of the Development Authority that the location and use
of the propane tanks meets acceptable fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of
propane tanks with a capacity which exceeds 91 kg (200 lbs.) to be located on a lot.
6.
All development permit applications to allow more than four (4) propane tanks, or any number of propane tanks
with a total capacity which exceeds 91 kg (200 lbs.), to be located within individual stalls, in approved campground
or recreational vehicle park, will be required to include an Emergency Response Plan, prepared by the developer,
PART 8
at no cost to the municipality. The Emergency Response Plan will be circulated to the municipality's Fire Department
for approval prior to issuance of a development permit. 8.21
PARKINGAND ACCESS
1.
A minimum two off-street parking spaces shall be provided on each lot, by the owner or developer.
2.
No vehicle shall be parked on a municipal roadway for a period of time longer than 72 hours.
3.
A building or use shall not be enlarged or added to, nor shall the use be altered unless provision is made in
accordance with this Bylaw to increase the number of parking stalls or loading spaces required on the total parcel
for which the addition or change in use is proposed.
4.
The minimum number of off-street parking stalls required for each use of building or development shall be as
follows:
a. Principal residential dwelling - 2 spaces per dwelling
b. Recreational vehicle - 2 spaces per recreational vehicle
c. Garage Suite or secondary suite - 1 space per additional suite 8.22
POLLUTION CONTROL
1.
In any district, no storage or activity may be undertaken which, in the opinion of the Development Authority,
constitutes a danger or annoyance to persons on the parcel, on public property, or on any other parcels, by reason
of the generation of noise, vibration, dust and other particulate matter, smoke, odour, toxic and noxious matter,
traffic, radiation hazards, fires and explosive hazards, heat, humidity and glare, refuse matter, waste or waterborne
waste, and water or steam.
2.
Construction or activity which would have an adverse effect on lake water quality or on the aesthetics of the lake
shore shall be prohibited.
3.
Sites and buildings in all districts shall be maintained in a clean and tidy condition free from all rubbish and debris. 8.23
PRESERVATION AND ENHANCEMENT OF ENVIRONMENTAL QUALITYBUILDING APPEARANC
1.
The design and appearance of any proposed building or structure must be acceptable to the Development Officer,
who shall have due regard for the amenities and character of existing development.
2.
The design, character and appearance of all buildings shall:
a. be compatible with other buildings in the vicinity unless the building is setting a new standard for the
District in which it is located,
b. be suited to the purpose of the District in which it is located, and
c. comply with the provision of any statutory plan applicable to the design, character or appearance of the
building. 8.24
PROJECTION INTO YARDS
1.
No portion of any building shall project onto, over or into a minimum required yard.
2.
Notwithstanding Section 8.24(1) above, the portions of an attachment to a main building which may project over a
minimum required yard are:
a. steps, eaves, gutters, sills, patios, and decks, or other similar projection which may project up to 0.5 m (1.6
ft) into a side yard with a minimum depth of 1.5 m (5.0 ft), provided they do not encroach over an easement
or right-of-way.
PART 8
b. canopies over entrances to buildings, provided such projections are cantilevered and do not exceed 0.91
m (3.0 ft); and
c. any other features which, in the opinion of the Development Authority, are similar to the foregoing. 8.25
RECREATIONAL VEHICLES
1.
A maximum of one (1) RV is permitted on a developed lot on a permanent basis. The RV must be connected to
onsite water and wastewater systems.
2.
A maximum of one (1) RV is permitted on an undeveloped lot on a permanent basis with a development permit.
The RV must have functioning water system and wastewater systems.
3.
RVs on developed lots must be located entirely within the boundaries of the lot.
4.
RVs on a vacant lot shall adhere to the front, rear, and side yard requirements of dwellings and accessory buildings
identified in the applicable Land Use Districts.
5.
RVs shall not be located within a front yard on a lakefront lot.
6.
Notwithstanding Sections 8.25(1) and (2), two (2) additional RVs may be allowed for a period of up to but not
exceeding fourteen (14) days on both developed and undeveloped lots.
7.
No recreational vehicle shall be connected to any franchise utility or municipal service except for electricity.
8.
All recreational vehicles must comply with current provincial requirements for private sewage storage and disposal.
9.
Two (2) onsite parking stalls must be provided for each recreational vehicle. 8.26
SEA CANS
1.
Sea cans shall not be used as an accessory building or as a building material in the Summer Village of Pelican
Narrows. 8.27
SHORELINE
1.
The bed and shore of Moose Lake is owned by the Province of Alberta. Proposed modifications to the bed and
shore (temporary or permanent) must be authorized by the Province of Alberta. Shoreline improvements (such as
retaining walls, any permanent structures, waterline installations, the placing of sand or other materials on ice or
beaches, clear-cutting of trees, and removing shoreline or aquatic vegetation) require provincial authorization.
2.
Any proposed modifications to the bed and shore of Moose Lake requires a surface disposition. This disposition
shall be applied for through Alberta Environment and Parks prior to the proposed modification.
3.
Wheeled or track vehicles will not be allowed on the bed and shore of Moose Lake, as per Alberta Environment
and Parks.
4.
Temporary development and/or restoration work of the shoreline requires a Temporary Field Authorization from
Alberta Environment and Parks.
5.
Permanent development of the shoreline requires a formal disposition held under a Department License of
Occupation from the Province of Alberta. Water Act approval is required prior to commencement of this work.
6.
The use of water intake lines in Moose Lake require a formal disposition for the bed and shore of Moose Lake.
This disposition shall be applied for through Alberta Environment and Parks prior to the installation of the water
intake line(s). 8.28
SIGNS
1.
All signs of a commercial, directional or informative nature erected on land or affixed to any exterior surface of any
building or structure shall require a development permit and shall be subject to the following requirements:
PART 8
a. no signs shall be erected on or affixed to private property without the prior consent of the property owner
or tenant;
b. no signs shall be erected on or affixed to public property without the prior consent of the Summer Village
of Pelican Narrows;
c. no signs shall resemble or conflict with a traffic sign, nor shall any sign be a traffic hazard. No sign shall be
in contravention of a Summer Village traffic speed bylaw or in contravention of any other Summer Village
bylaw;
d. all signs shall be kept in a safe, clean and tidy condition, and may, by order of the Development Authority,
be required to be renovated or removed.
2.
All signs of a commercial, directional or informative nature erected on land or affixed to any exterior surface of any
building shall not exceed 1.0 m2 (10.76 ft2) in area. 8.29
SOLAR ENERGY COLLECTION SYSTEMS
1.
Solar energy collection systems shall only be allowed as accessory developments.
2.
Ground mounted solar collectors shall be located in a side or rear yard only.
3.
When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot
should not be located so as to block the solar collector's access to solar energy. The portion of a solar collector that
is protected is the portion which:
a. is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical 3.66 m
(12.0 ft) obstruction located on the lot line;
b. has an area not greater than half of the heated floor area of the structure (or largest structure, if multiples
exist);
c. Notwithstanding the foregoing, the Village shall not be held responsible for protecting access to solar
energy on private land.
4.
No solar energy collection system that is tied into a grid shall be installed until evidence has been given that the
utility has been informed of the customer's intent to install an interconnected customer-owner generator. A copy
of a letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required.
Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault
protection and disconnect switches covered under the electrical code shall be exempt from the requirement.
5.
Building Permits and Service Permits for Solar Energy Collection Systems shall be obtained from the Municipal
District of Bonnyville. 8.30
SOUR GAS FACILITIES
1.
No development shall be allowed within 100.0 m (328.0 ft) of a Level 1 sour gas facility (consisting of a well) as
determined by the Alberta Energy Regulator (AER).
2.
In the case of a Level 2 sour gas facility as determined by the ERCB:
a. no permanent dwelling shall be allowed within 100.0 m (328.0 ft) of the sour gas facility; and
b. no institutional use shall be allowed within 500.0 m (1640.0 ft) of the sour gas facility.
3.
In the case of Level 3 sour gas facility as determined by the AER:
a. no permanent dwelling shall be allowed within 100.0 m (328.0 ft) of the sour gas facility;
b. no residential development with a density of more than eight (8) dwelling units per quarter section shall
be allowed within 500.0 m (1640.0 ft) of the sour gas facility; and
c. no institutional use shall be allowed within 1500.0 m (4921.0 ft) of the sour gas facility.
PART 8
SUBDIVISION OF LAND
1.
Where the development of land requires a subdivision, no development permit shall be issued until the proposed
subdivision has received tentative approval from the Subdivision Authority for the Summer Village.
2.
Development agreements shall be required as a condition of approval for subdivision of land within the Summer
Village. 8.32
SUITES (GARAGE,GUEST HOUSE, AND SECONDARY)
1.
A suite shall be restricted to a site occupied by a single detached dwelling.
2.
A suite shall remain accessory to and subordinate to the main dwelling and shall, subject to the requirements of
Part 8.1 of this Bylaw. The total area of all suites located on a site shall not exceed 92.9 m2 (1,000.0 ft2) in area, or
the footprint of the principal building, whichever is the lesser.
3.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the suite or guest
house.
4.
A suite includes, but is not limited to, sleeping areas, recreation areas, toilet and bathing facilities.
5.
A suite or guest house shall not include a food preparation area (counter/cupboard space, sink, refrigerator, stove
or provision of 220 volt wiring).
6.
A garage suite shall remain accessory to and subordinate to the use of the garage.
7.
A garage suite shall have an entrance separate from the entrance to the garage, either from a common indoor
landing or directly from the exterior of the structure.
8.
At-grade garage suites or guest houses shall be a maximum height of 4.57 m (15.0 ft).
9.
Above-grade garage suites shall be a maximum height of 8.84 m (24.0 ft).
10.
A minimum of three (3) on-site parking spaces shall be required for lots with approved suites. Tandem parking may
be permitted at the discretion of the Development Authority.
11.
Windows contained within a suite shall be placed and sized such that they minimize overlook into yards and
windows of abutting properties through one or more of the following:
a. Off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or direct
view into a guest house window on an abutting site;
b. Strategic placement of windows in conjunction with landscaping or the placement of other accessory
buildings; and
c. Placing larger windows, such as living room windows, to face a lane, a flanking street, or the larger of any
side yard abutting another property.
12.
No additional approach will be permitted to provide access or egress to the suite.
13.
A suite shall not be subject to separation from the principal dwelling through a condominium conversion or
subdivision. 8.33
TOPSOIL REMOVAL
1.
A development permit is required for the removal of top soil, sand or other material where the removal will alter
drainage from the subject site onto adjacent properties or to a naturally occurring body of water. 8.34
UTILITY EASEMENTS
1.
Subject to the conditions of a utility easement, no permanent structure other than a fence shall be constructed or
placed on that utility easement unless, in the opinion of the Development Authority, the said structure does not
PART 8
restrict access to the utility easement for the purposes of installation or land maintenance of the utility, and written
consent has been obtained from the person or agency for whose use the easement has been granted. 8.35
WIRELESS COMMUNICATION FACILITIES
1.
The municipality will encourage developers of wireless communications facilities to demonstrate good planning
and design with foremost regard to safety of the general public; adherence to established construction standards
in industry; minimizing impacts to the natural environment; minimizing the visual impacts on nearby residents; and
ensuring public consultation in the early development stages. A letter of support will be provided to licensing and
approving authorities for applications meeting these criteria. A letter of non-support will be provided to licensing
and approving authorities for applications not meeting these criteria.
2.
Developers of a wireless communications facility that plan for the facility and can accommodate other wireless
operators on the site will be given priority status.
3.
The application for development of a wireless communications facility is encouraged to engage existing
owner/operators of these structures for co-location opportunities. Existing operators are encouraged to participate
in the process by charging reasonable rates for this privilege.
4.
Applications for development of structures outside of the Alberta Building Code such as lattice towers shall include
a document from authoritative sources demonstrating structural adequacy of the specified structure for the
location and loading defined in the application. Such authorities include: the Canadian Standards Association and
qualified structural engineers. Stamps and Seals of approval shall accompany the documentation.
5.
Guyed-tower structures are to be located on properties that allow for a distance from the base to boundary
setbacks that is no less than equal to the final structure height. In all cases that base and anchor structures must be
designed for the soil conditions present. A professional engineered design with supporting soil profiles must
accompany the application for development. Precise location (Latitude and Longitude) of the base and anchors
must be revealed.
Self-support towers are to be located respecting the building and safety codes for the community. In all cases the
base structures must be designed for the soil conditions present. A professional engineered design with supporting
soil profiles must accompany the application for development.
6.
Multiple tower structures will require individual development permit applications.
7.
Applications for the development of wireless facilities must include in the development application letters from the
following authorities:
a. Transport Canada governing painting and lighting of the applicant's tower for aeronautical safety;
b. Nav Canada governing aircraft communication and instrumentation immunity from the applicant's tower
transmissions; and
c. Industry Canada governing the frequency of operations and public safety from non-ionized radiation in
accordance with Safety Code 6. Licensed Exempt operators must provide a stamped letter from a licensed
professional RF engineer guaranteeing these conditions will be met.
8.
Appropriate fencing around the base, anchors and site limiting public access to the tower and exposure to high RF
energy fields must be provided with consideration of community aesthetics.
9.
The application for development must include consideration to minimizing environmental damage through the
following measures:
a. Consultation with Federal and Provincial environmental agencies to ensure the site selected and the
resultant construction does not impact upon sensitive ecologies nor interfere with migrating birds or
animals. Confirming letters from these agencies must accompany the application for development.
PART 8
b. The application for development shall include a signed letter from the applicant detailing corrective
action(s) to remediate any environmental damages.
10.
As a condition of obtaining a development permit the applicant agrees to the following:
a. The site will be reclaimed within six (6) months of cessation of operation.
b. The site reclamation will comply with Alberta Environmental Laws to be provided by Alberta Environment
or their agent.
11.
A public consultative process shall commence within the intent to establish a wireless facility advertisement in the
local newspapers and b letter to the neighbouring property owners 120 days prior to the anticipated date of
construction. The municipality will arrange for the public meetings at its discretion and at the sole expense of the
applicant.
PART 9
ESTABLISHMENT OF LAND USE DISTRICTS
1.
For the purposes of this Bylaw, the Summer Village of Pelican Narrows is divided into the following districts: DISTRICT N
2.
The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE DISTRICT MAP (one map
Illustrated on two pages, north and south), which is Part 14 of this Bylaw.
3.
Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE DISTRICT MAP, the following
rules shall apply:
a. Rule 1 - Where a boundary is shown as following a street or lane, it shall be deemed to follow the centre
line thereof.
b. Rule 2 - Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the
lot line.
c. Rule 3 - In circumstances not covered by Rules 1 and 2, the location of the district boundary shall be
determined:
i. where dimensions are set out on the LAND USE DISTRICT MAP, by the dimensions so set, or
ii. where no dimensions are set out on the LAND USE DISTRICT MAP with respect to such boundary,
by measurement of and use of the scale shown on the LAND USE DISTRICT MAP.
4.
Where the application of the above rules does not determine the exact location of the boundary of a district, the
Council, either on its motion or upon written application being made to it by any person requesting the
determination of the exact location of the boundary, shall fix the portion of the district boundary in doubt or dispute
in a manner consistent with the provisions of this Bylaw and the degree of detail as to the measurements and
directions as the circumstances may require.
R1DISTRI
PURPOSE
The purpose of the Residential District (R1) is to provide for low density residential development in the form of single
detached dwellings and accessory uses. 10.2
USES1.
PERMITTED2.
DISCRETIONARYAPIARIESPUBLIC PARKS, PLAYGROUNDS, AND RECREATIO
10.3
REGULATIONS1.
LOT SIZES
The maximum/minimum lot area will be as required by the Development Authority.2.
BUILDING HEIGHT
Principal buildings shall not be higher than 7.3 m (24.0 ft). 3.
YARD REQUIREMENTSFRONT YARD:
7.6 m (25.0 ft)SIDE YARD:
1.5 m (5.0 ft)REAR YARD:
7.6 m (25.0 ft)4.
ACCESSORY BUILDINGS
The siting of all accessory buildings shall be according to Part 8.1 of this bylaw. If fireplaces or balconies/decks are
included, yard requirements shall be measured from the leading edge of the fireplace or balcony/deck.
Principal buildings and accessory buildings combined shall not cover more than 35% of the lot. 5.
FLOOR AREA
The minimum floor area of single family dwellings shall be:1 STOREY
304.0 m2 (1,000 ft2)1.5 STOREY/SPLIT LEVEL
381.0 m2 (1,250 ft2)2 STOREY
426.0 m2 (1,400 ft2)
LHDISTR
PURPOSE
The purpose of the Large Holdings District (LH) is to provide for extensive agricultural development on lands currently
developed for agricultural uses on SE-18-61-6-W4 within the Summer Village. 11.2
USES1.
PERMITTED2.
DISCRETIONARYAPIARIESEXTENSIVE AGRICULTURAL OPERATIONSDWEL
11.3
REGULATIONS1.
SUBDIVISION
No further subdivision shall be allowed within the Large Holdings District (LH).2.
OTHER
All other land use regulation for the Large Holdings District (LH) shall be the same as identified in the Residential District
(R1) (Part 10 of this Land Use Bylaw).
PDISTRI
PURPOSE
The purpose of the Park and Recreation District (P) is to preserve and protect the local environment while providing areas
for low impact public recreation and access to the shoreline of Moose Lake. 12.2
USES1.
PERMITTED2.
DISCRETIONARYPUBLIC PARKS, PLAYGROUNDS, AND RECREATIONAL USE
REGULATIONS1.
PRIVATE DEVELOPMENT
Private development in this district is strictly prohibited.2.
PUBLIC DEVELOPMENT
Public development in this district is strictly limited to the maintenance, improvement, or replacement of existing
public structures and facilities.
Site requirements in this district shall be as determined by the Development Officer.
PART 13
ABUT(OR ABUTTING)
immediately contiguous or physically touching, and, when used with respect to a lot
or site, means that the lot or site physically touches upon another lot or site, and
shares a property line or boundary line with it. 2.
ACCESSORY BUILDING
means a building separate and subordinate to the main building and use which is
incidental to the main building and is located on the same parcel of land. An
accessory building to a residential use means a garage, carport, shed, storage
buildings, hobby greenhouse, sundeck, permanently installed private swimming
pool or hot tub, and similar buildings. Where an accessory development is attached
to the main building on a lot by a roof or an open or enclosed structure, except
carports where vehicular access to the rear yard is not obstructed, said accessory
development is part of the main building and not an accessory building and shall,
unless otherwise specified in this Bylaw, adhere to the yard and other requirements
for main buildings. 3.
ACCESSORY USE
means a use of a building or land which is normally incidental and subordinate to
the principal use of the parcel on which it is located. 4.
ACT (OR THE ACT)
means the Municipal Government Act, R.S.A. 2000, as amended, and the regulations
pursuant thereto. 5.
ADJACENT LANDOWNERS
means owners of land that is contiguous to the land that is the subject of an
application, and includes owners of land that would be contiguous except for public
roadway, railway, utility right-of-way, river or stream. 6.
ADJACENT PROPERTY
means land that is contiguous to a
particular parcel of land and
includes
land
that
would
be
contiguous if not for a public
roadway, railway, utility right-of-
way, river, or stream.
7.
AGRICULTURAL OPERATION
means an agricultural operation as defined in the Agricultural Operation Practices
Act, R.S.A. 2000, c. A-7, as amended. 8.
AGRICULTURAL OPERATION, EXTENSIVE
means the use of land or buildings, excluding dwellings, for an agricultural
operation, which requires large tracts of land.
PART 13
AGRICULTURAL OPERATION, INTENSIVE
means a commercial agricultural operation which raises crops on a land-intensive
basis. Without restricting the generality of the foregoing, this shall include
commercial nurseries, greenhouses, market gardens, apiaries, silviculture and sod
farms, but not confined feeding operations. This use does not include cannabis
production and distribution facilities; 10.
APIARY
means the keeping of honey bees for honey production, and includes a place where
bee colonies (beehives) are kept on a site and where raw honey is processed and
stored. 11.
AREA STRUCTURE PLAN/AREA REDEVELOPMENT PLAN
means a statutory plan adopted by the Council as (either) an area structure plan or
area redevelopment plan pursuant to the Municipal Government Act, as amended. B12.
BACK LOT
see "Lot, Back". 13.
BASEMENT
means the portion of a development which is wholly or partially below grade, having
above grade no more than 1.8 m (6.0 ft) of its clear height lying below the finished
level of the floor directly above. 14.
BED AND BREAKFAST
means a development within a dwelling, which possesses a dwelling unit, where
temporary sleeping accommodations, up to a maximum of three (3) bedrooms, with
or without meals, are provided for remuneration to members of the public. A bed
and breakfast establishment shall include a boarding house. 15.
BOAT HOUSE
means an accessory building designed and used primarily for the storage of boats
and is normally designed such that the main door faces the lake as to permit the
direct removal of boats from the water to the structure. A boat house shall not
include a dwelling, and shall not be located within the bed and shore of Moose Lake. 16.
BUILDING
Means 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. 17.
BUILDING ENVELOPE
that area of a residential lot, the boundaries of which are determined by setback
requirements, where construction of principal buildings and/or accessory buildings
is permitted. 18.
BUILDING HEIGHT
means the vertical distance between the grade and the highest point of a building,
excluding: stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a
smoke stack, a fire wall, a flagpole, or similar device not structurally essential to the
building.
PART 13
CAMPGROUND
means a commercial development where tents are erected and/or recreational
vehicles are parked for the purpose of overnight or short term accommodation. A
campground includes any building, structure, tent, vehicle or enclosure accessory
to the main use that is located on the land and used as an integral part of the
campground such as washhouses, gazebos, picnic shelters, etc. 20.
CANOPY
means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun. 21.
CARPORT
means a roofed enclosure used for storing or parking not more than two private
vehicles and which has at least 40% of the total perimeter open and unobstructed. 22.
CARRIER
means a company or applicant that provides wireless commercial or essential
institutional communications services. 23.
CAVEAT
means a formal notice expressing an interest in a parcel registered against the title
to that parcel. 24.
CEMETERY
means development of land for the interment or entombment of the deceased,
and may include, at the discretion of the Development Authority, crematoriums,
mausoleums and memorial park. 25.
CHATTEL
means a moveable item of personal property. 26.
CO-LOCATION
means locating on a site and tower with other wireless communications operators. 27.
COMMERCIAL USE
means a business through which products, services, or entertainment are available
to consumers, whether the general public or other commercial establishments,
and does not include the manufacturing of products.
Commercial uses not allowed in the Summer Village. Definition provided to
identify what one would constitute. 28.
CONSTRUCTIONMANAGEMENT PLAN
means a program that details site management of all construction activity that may
include, but is not limited to, the management of construction debris and dust,
stormwater, site erosion, sedimentation control, noise control, and traffic control. 29.
CORNER LOT
see "Lot, Corner." 30.
COTTAGE
mean a seasonal residence that in all cases shall be taken to mean the same as a
dwelling. 31.
COUNCIL
means the Council of the Summer Village of Pelican Narrows, unless otherwise
noted. 32.
COVERAGE
means the sum of the ground floor areas of all buildings on a lot divided by the
area of the lot. D33.
DATE OF ISSUE
means the date on which the notice of a decision of the Development Authority is
published, or five days after such a notice is mailed. 34.
DECK
means any open structure attached to a building having a height greater than 0.6 m
(2.0 ft) above grade, and thereby requiring stairs and railings as outlined in
PART 13
regulations approved under the Safety Codes Act. A deck shall not have walls higher
than 1.25 m (4.1 ft) or a roof. 35.
DENSITY
means a measure of the average number of persons or dwelling units per unit of
area. 36.
DESIGNATED OFFICER
means a person authorized by Council to act as a development authority pursuant
to section 624(2) of the Municipal Government Act and in accordance with the
municipality's development authority bylaw. 37.
DEVELOPER
an owner, agent or any person, firm or company required to obtain or having
obtained a development permit. 38.
DEVELOPMENT
is considered:
a. An excavation or stockpile and the creation of either of them; or
b. A building or an addition to, or replacement or repair of a building and the
construction or placing in, on, over and under land of any of them; or
c. A change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land
or building; or
d. A change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
e. in the case of a lot used for residential purposes, alterations made to a
building or an additional building on the lot whether or not the building is a
dwelling or part of a dwelling unit,
f.
in the case of a lot used for other than residential purposes, alterations or
additions made to a building on the lot or a use of the lot which would
increase either the capacity of the building or the intensity of use of the lot,
g. the display of advertisements or signs on the exterior of a building or on any
land,
h. the deposit of earth, debris, waste materials, refuse, or any other material
on any land, including land already being used for that purpose, or if the
natural topography or drainage is altered,
i.
any increase in the number of households occupying and living in any
building or on any site, and any construction or alterations or additions
which would provide for an increase in the number of households which
could occupy and live in any building or on any site, including any increase
in the number of dwelling units in a building or on a site,
j.
the placing of refuse or waste material on any land,
k. the recommencement of the use to which land or a building has been
previously put if that use has been discontinued for a period of more than
six months,
l.
the use of land for the storage or repair of motor vehicles or other
machinery or equipment,
PART 13
m. the continued use of land or of a building for any purpose for which it is
being used unlawfully when this Bylaw comes into effect,
n. the demolition or removal of a building,
o. the placement of an already constructed or a partially constructed building
on a parcel of land,
p. the use of land for the parking of trailers, bunk houses, portable dwellings,
skid shacks, or any other type of portable building whatsoever, whether or
not the same has been placed or affixed to the land in any way,
q. the removal of topsoil from land,
r. the use of land for storage purposes or for the repair of equipment, vehicles
or other kinds of machinery,
s. the installation of any type of sewage disposal system including but not
limited to holding tanks, or
t. the digging of a well or installation of a water cistern. 39.
DEVELOPMENT AUTHORITY
a person or persons designated by Council to carry out the duties described in this
bylaw and in the Act. 40.
DEVELOPMENT PERMIT a document authorizing a development, issued pursuant to this bylaw. 41.
DISCRETIONARY USE
the use of land or a building provided for in a land use bylaw for which a
development permit may be issued. 42.
DISTRICT (OR LAND USE DISTRICT)
a designated area of the municipality within which certain uniform requirements
and regulations govern the use of land, and the placement, spacing and size of
structures. 43.
DWELLING
any building or structure used exclusively for human habitation and which is
supported on a permanent foundation or base, and includes prefabricated and
modular homes but does not include mobile homes. 44.
DWELLING, SINGLE DETACHED
means a building consisting of one (1) dwelling unit, and if the provisions of this
Bylaw allow, a secondary suite, and includes buildings constructed in modules or
sections which meet the requirements for a residence under the Alberta Building
Code, but does not include recreational vehicles, park models, or manufactured
homes of any kind whether standing on wheels or supported by blocks, jacks, pylons
or any other temporary foundation. 45.
DWELLING UNIT
means a complete dwelling or self-contained portion of a dwelling, set or suite of
rooms which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently, semi-
permanently, or seasonally as a residence for one (1) household. E46.
EASEMENT
means a right to use land, generally for access to other property or as a right-of-way
for a public utility. 47.
ENVIRONMENTAL RESERVE
means land designated "ER" by the subdivision approving authority pursuant to the
Act, when a subdivision occurs in an area where some of the land is undevelopable
due to environmental factors.
PART 13
ENVIRONMENTALLY SIGNIFICANT AREA
Means areas that are important to the long-term maintenance of biological
diversity, physical landscape features, and/ or other natural processes, both locally
and within a larger regional content, as identified by the Province of Alberta. 49.
ESTABLISHED GRADE
Means the average elevation
of the natural or finished
level of the ground adjoining
a building at all exterior
walls, or the level of the
ground as established by an
approved grade plan.
If the ground is not entirely
level, the grade shall be the
average of the elevation of the ground around the perimeter of the building. 50.
EXCAVATION
means any breaking of ground, except common household gardening and ground
care. 51.
EXTERIOR WALL
means the outermost point of a building projection, including, but not limited to,
bay windows, oval windows, chimneys and verandas, but not including roof
overhangs less than 0.6 m (2.0 ft) F52.
FENCE
means a vertical, physical barrier constructed to provide aesthetic decoration, visual
screening, sound abatement, or to prevent unauthorized access. 53.
FLOOR AREA
means the total area of all floors of a building above grade within the outside surface
of exterior walls or within the glass line of exterior walls and the centreline of fire
walls, but not including the floor area of basements, attached garages, sheds, open
porches or breezeways, except that all dwelling units in an apartment shall be
included in the calculation of floor area. 54.
FRONT LINE
means the boundary line of a lot lying adjacent to a highway or road. In the case of
a corner lot, the shorter of the two boundary lines adjacent to the highway or road
shall be considered the front line, except on a lakefront lot where the front line shall
be the boundary of the lot adjacent to the lake. 55.
FRONT YARD
See "Yard, Front." G56.
GARAGE
an accessory building or part of the principal building, designed and used primarily
for the storage of non-commercial motor vehicles, recreational vehicles and other
chattels. 57.
GARAGE SUITE
see Suite, Garage. 58.
GRADE
see "Established Grade." 59.
GROSS AREA
means the area of a development, neighbourhood or planned area, before
deductions for roads, municipal and environmental reserves and public utilities have
been made.
PART 13
GROSS VEHICLE WEIGHT
means the maximum operating weight/mass of a vehicle as specified by the
manufacturer including the vehicle's chassis, body, engine, engine fluids, fuel,
accessories, driver, passengers and cargo but excluding that of any trailers. 61.
GUEST HOUSE
see Suite, Guest House. 62.
GUEST SUITE
see Suite, Secondary. H63.
HARD SURFACING
means asphalt, concrete, paving stone or similar material satisfactory to the
Development Authority which is used in the construction of a driveway or parking
area. 64.
HIGH GROUND WATER TABLE
means a water table level measuring less than 1.8 m (6.0 ft) from the ground surface
during the frost-free period under the end of August, and 2.4 m (18.0 ft) during the
remainder of the year. 65.
HOME OCCUPATION
any occupation, trade, profession, or craft carried on by an occupant of a dwelling
which is clearly secondary to the residential use of the building, and which does not
change the character of or have any exterior evidence of such secondary use other
than a sign as allowed in this Bylaw. For the purposes of this Bylaw, home
occupations are divided into two sub-classifications - major home occupations and
minor home occupations - with specific regulations for each as indicated in this
Bylaw.
A minor home occupation must not:
include exterior signage advertising the occupation;
generate pedestrian or vehicular traffic or parking and;
include the employment of persons other than residents of the dwelling;
A major home occupation may include a business which would normally:
includes exterior signage advertising the occupation;
generate pedestrian or vehicular traffic or parking; and/or
includes the employment at the dwelling or accessory buildings of a
maximum of one (1) employee, other than residents of the dwelling. 66.
HOUSEHOLD
is:
a.
a person, or
b.
two (2) or more persons related by blood, marriage, a common law
relationship, or adoption, or
c.
a group of not more than five (5) persons who are not related by blood,
marriage, or adoption,
all living together as a single housekeeping group and using cooking facilities shared
in common. A household may also include bona fide servants, up to two (2) boarders
or lodgers, or up to four (4) foster children. 67.
HYDROGEOLOGICAL ASSESSMENT
means a report prepared by a qualified professional that assesses the current and/or
anticipated absorption and flow of groundwater within a subject area. I68.
INSTITUTIONAL USE
means a development of governmental, religious, social, health care, or cultural
facilities serving the municipality, area, or region.
PART 13
IN-LAW SUITE
see "Suite, Secondary." J, K70.
KENNEL
a development in which four (4) or more domestic pets, of any single species, over
six (6) months in age are maintained, boarded, bred, trained or cared for or kept for
purposes of sale. L71.
LAKEFRONT YARD
see "Yard, Lakefront." 72.
LANDFILL
a disposal site employing an engineering method of disposing of solid wastes in a
manner that minimizes environmental hazards. A landfill shall be owned by either a
municipal corporation or agency or by a municipally-owned corporation or agency. 73.
LANDSCAPING
to preserve or change the natural features of a parcel by adding lawns, trees, shrubs,
ornamental plantings, fences, walks, or other structures and materials used in
modern landscape architecture, but does not include changes in grade, stockpiling
and excavation. 74.
LANE
a right-of-way for a public thoroughfare on which motorized vehicles are normally
allowed to operate which is 10 m (32.8 ft) or less in width and which provides a
secondary means of access to a parcel or parcels. 75.
LATTICE TOWER
means a non-solid structure made up of vertical, horizontal and diagonal members
assembled in triangular or square faced sections that can be stacked to obtain
height. The structure can stand by itself (self-supporting), on a foundation, or it may
be of the type requiring supporting assistance of cables (guyed tower). 76.
LIVESTOCK
as defined in the Agricultural Operation Practices Act. 77.
LIVING QUARTERS
the developed area within a dwelling but does not include basement, garage or
carport, patio, or atrium. 78.
LOT
means:
a.
a quarter section,
b.
a river lot, lake lot, or settlement lot shown on an official plan referred to in
the Surveys Act that is filed or lodged in a Land Titles Office,
c.
a part of a parcel of land described in a certificate of title if the boundaries
of the part are described in the certificate of title by reference to a plan of
subdivision.
PART 13
LOT, BACK
means any lot that is not a lakeshore lot. 80.
LOT, CORNER
means a lot having boundary lines on two or more roads, at their intersection or
junction. Corner lot also means a lot having a boundary line at a point where a road
or highway changes direction by a minimum of 45 degrees within the boundaries of
the lot. 81.
LOT, DEVELOPED
means a lot or parcel containing a structure (for which a development permit has
been issued) intended for occupancy. 82.
LOT, DOUBLE FRONTINGmeans a lot which abuts two roads which are parallel or nearly parallel where
abutting the lot, but does not include a corner lot. 83.
LOT, INTERIOR
means any lot which has street access, other than a corner lot or a double fronting
lot. 84.
LOT, LAKEFRONT
a lot which faces onto Moose Lake and has any part of its frontage directly onto the
lake or onto the buffer strip of municipal reserve or environmental reserve land that
is located along the lakeshore.
85.
LOT WIDTH
means the length of a line parallel to the front line or, in a lot with a curved front
line, perpendicular to a line running between the mid-point of the front line and the
mid-point of the rear line, measured at a distance from the front line equal to the
minimum required front yard. M86.
MAIN BUILDING
see "Principal Building." 87.
MAIN USE
see "Principal Use." 88.
MAINTENANCE
means the upkeep of the physical form of any building which does not require a
permit pursuant to the Safety Codes Act. Maintenance will include painting,
replacing flooring, replacing roofing materials, but will not include any activity that
will increase the habitable floor area of any dwelling unit or the internal volume of
any building. 89.
MANUFACTURED HOME
means a dwelling which is constructed with a chassis or related assembly that allows
for the permanent or temporary attachment of a hitch and assembly to enable
relocation of the dwelling, and further, which conforms to the Canadian Standards
PART 13
Association A277 and Z-240 Standards (or subsequent CSA Standards). A
manufactured home may be a single structure (commonly known as a "single wide")
or two parts which when put together comprises a complete dwelling (commonly
known as a "double wide"). Manufactured homes do not include modular homes,
mobile homes or park models. 90.
MAY
is an operative word meaning an action or choice is available (with no particular
direction or guidance intended) and is not obligatory. 91.
MOBILE HOME
See "Manufactured Home." 92.
MODULAR CONSTRUCTION
means a method of constructing whereby most of the parts of a building have been
constructed in an off-site manufacturing facility and transported to a parcel where
the parts are assembled and anchored to a permanent foundation. 93.
MUNICIPAL RESERVE
means land owned by the Summer Village and designated as Municipal Reserve
(MR) as defined under the Act. Municipal Reserve land does not include
Environmental Reserve (ER) or School Reserve (SR) as defined under the Act. 94.
MUNICIPALITY
means the Summer Village of Pelican Narrows, unless otherwise noted. 95.
MUST
is an operative word, which means, similarly to the word shall, that an action is
imperative or mandatory. N96.
NATURAL AREA
means an area of land and/or water especially dedicated to the protection and
maintenance of biological diversity, and of natural and associated cultural
resources, and managed through legal or other effective means. Areas such as
groomed parks, recreational areas for sports, and schoolyards are not included in
this definition. 97.
NET AREA
means the area of a development, neighbourhood or planned area, after deductions
for roads, municipal and environmental reserves and public utilities have been
made. 98.
NON-CONFORMING BUILDING OR USE
means a lawful specific use:
a.
Being made of land or building or intended to be made of a building lawfully
under construction, at the date this Land Use Bylaw or any amendment
thereof affecting the land or building becomes effective; and
b.
That on the date this Land Use Bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction, will not,
comply with the Land Use Bylaw. 99.
NUISANCE
any act or deed, or omission, or thing, which is or could reasonably be expected to
be annoying, or troublesome, or destructive or harmful, or inconvenient, or
injurious to another person and/or their property, or anything troublesome or
bothersome to other people for which complaints are received either by the
Municipality's office or the Royal Canadian Mounted Police, whether or not such act
or deed or omission or thing constitutes nuisance at common law. O100.
OBNOXIOUS
when used with reference to a development, a use which by its nature, or from the
manner of carrying on the same, may, in the opinion of the Development Authority,
create noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-
PART 13
toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly
storage of goods, materials, salvage, junk, waste or other materials, a condition
which, in the opinion of the Development Authority, may be or may become a
nuisance, or which adversely affects the amenities of the neighbourhood, or which
may interfere with the normal enjoyment of any land or building. 101.
OCCUPANCY
the use or intended use of a building or part thereof for the shelter or support of
persons or property. 102.
OCCUPANT
any person occupying or having control over the condition of any property and the
activities conducted on any property, be such person the owner, lessee, tenant or
agent of the owner, whether such person resides thereon or conducts a business
thereon. 103.
OFF-STREET
when used as an adjective, means that the defined thing is not located on a road or
highway, but rather a lot, and, further, that it is not directly accessory to a particular
use or development on a lot. 104.
OFFENCE
when used with reference to a development, is a use which by its nature, or from
the manner of carrying on the same, creates or is liable to create by reason of noise,
vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter,
radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of
goods, materials, salvage, junk, waste or other materials, a condition which, in the
opinion of the Development Authority, may be or may become hazardous or
injurious to health or safety, or which adversely affects the amenities of the
neighbourhood, or interferes with or may interfere with the normal enjoyment of
any land or building. 105.
OPEN SPACE
land and water areas which are retained in an essentially undeveloped state and
often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of
community values and safety; maintenance of future land use options. 106.
ORDER
a notice requiring compliance issued in writing by the Development Authority. 107.
OUTDOOR STORAGE
a development where, in the opinion of the Development Authority, goods,
materials, or equipment are or may be placed outside of a building on a more or less
permanent or continuous basis. 108.
OWNER
is:
a.
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land, or
b.
in the case of any other land, the person shown as the owner of land on the
municipality's assessment role prepared under the Act. P109.
PARCEL
the aggregate of one or more area of land described in a certificate of title by
reference to a plan filed or registered in a Land Titles Office. 110.
PARCEL AREA
is the total area of a parcel.
PART 13
PARCEL BOUNDARY(OR PARCEL BOUNDARIES)
is the property boundaries which bound the parcel as determined by the Certificate
of Title. 112.
PARCEL COVERAGE
means, in the case of a residential building or structure, the combined area of all
buildings on the parcel, measured at the level of the lowest storey above grade, and
in the case of a non-residential building or structure, the combined area of all
buildings or structure upon the lot, measured at the level of the lowest storey above
grade, including in both cases, all porches, decks and verandas, open or coved but
excluding open and enclosed terraces at grade, steps, cornices, eaves and similar
projections; such area shall include air wells and all other space within a building
except inner and outer courts. 113.
PARK MODEL
mean:
a.
(Park Model Trailer) a unit designed to be towed by a heavy-duty tow
vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight so
that it does not require a special highway movement permit. The maximum
width when being towed is 2.6 m (8.5 ft). These units are designed for
infrequent towing, and are not normally fitted with a 12-volt system for
fixtures and appliances. Once on site in the set-up mode it normally must
be connected to the local utilities. This style is normally built on a single
chassis mounted on wheels. It usually has one or more slide-outs, but when
in set-up mode the gross trailer area normally does not exceed 37.2 m2 (400
ft2). It conforms to the CSA Z-240 Standard for recreational vehicles.
b.
(Park Model Recreational Unit) a unit built on a single chassis mounted on
wheels, which may be removed and returned to the factory. The unit is
designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use, and normally must be connected to
those utilities necessary for the operation of installed fixtures and
appliances. It normally has a floor area, including lofts, not exceeding 50 sq.
m (540 ft2) in the set-up mode and has a width greater than 2.6 m (8.5 ft) in
the transit mode. Park Model recreational units almost always require a
special tow vehicle and a special permit to move on the road as the width
of the unit is greater than 2.6 m (8.5 ft). It conforms to the CSA Z-241
Standard for recreational vehicles.
For the purposes of this Bylaw, park models are not allowed in any District within
this Land Use Bylaw unless specifically identified as a permitted or discretionary use
in the Residential District, and approved by the Development Authority within an
approved development permit. 114.
PARKING AREA
means the area set aside for the storage and/or parking of vehicles and include
parking stalls, loading spaces, aisles, entrances and exits to the parking area, and
traffic islands where they are part of the parking area. A parking area may be within
a building. 115.
PARKING LOT
means a parking area which is located on a lot and not accessory to a particular use
or development. 116.
PARKING STALL
means an area set aside for the parking of one (1) vehicle. 117.
PATIO
a hard surface developed by laying cement, bricks, tiles or blocks directly on or in
the ground on a site which is less than 0.6 m (2.0 ft) above ground level.
PART 13
PERMITTED USE
means the use of land or a building as provided for in the Land Use Bylaw for which
a development permit shall be issued with or without conditions upon application
having been made, provided that all of the regulations of this Bylaw are satisfied. 119.
PRINCIPALBUILDING
means a building which, in the opinion of the Development Authority:
a.
occupies the major or central portion of a parcel; or
b.
is the chief or main building among one or more buildings on the parcel. 120.
PRINCIPALUSE
means the primary purpose, in the opinion of the Development Authority, for which
a building or parcel is used. 121.
PUBLIC PARK
a development designed or reserved for active or passive recreational use, including
all natural and man-made open space and landscaping, facilities, playing fields, and
buildings that are consistent with the general purposes of recreation, whether or
not such recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning the public
park. Public parks include tot lots, band shells, picnic grounds, pedestrian trails and
paths, landscaped buffers, playgrounds, water features, baseball diamonds, football
fields, soccer pitches, and similar outdoor sports fields. 122.
PUBLIC OR QUASI-PUBLIC BUILDING
means a building which is owned or leased by a department or agency of the federal
or provincial government, or the Municipality for purposes of public administration
and services and shall also include a building for the purpose of assembly,
instruction, culture or enlightenment, or for community activities. 123.
PUBLIC OR QUASI-PUBLIC USE
a use by a department or agency of the federal or provincial government, or the
Municipality, for public administration and services and shall also include uses for
the purpose of assembly, instruction, culture or enlightenment, or for community
related activities. 124.
PUBLIC-SERVING RECREATION AREA
means a campground, day use area, picnic site, lodge, hiking and skiing trail and
other similar uses as developed by either private or public interests. 125.
PUBLIC USE
means a building, structure or parcel used for public services by the Municipality, by
an department, commission or agency of any other municipal corporation or the
Governments of Alberta or Canada. 126.
PUBLIC UTILITY
means a public utility as defined in the Act, but shall not include landfills. 127.
PUBLIC UTILITY BUILDING
means a building in which the proprietor of a public utility, as defined in the Act,
maintains its office or offices and/or maintains or stores any equipment used in
connection with the public utility. Q, R128.
REAL PROPERTY REPORT
means a codified standard report adopted by the Alberta Land Surveyor's
Association which contains pertinent information on a parcel and the development
which exists on the property. 129.
REAR LINE
the boundary line of a lot lying opposite to the front line of the lot and/or farthest
from a highway or road. 130.
REAR YARD
see Yard, Rear. 131.
RECREATIONAL USE
means a recreational development conducted on a unified basis on a single site
where the prime reason for location may be to take advantage of natural features.
PART 13
A recreational use may include the provision of day to day sporting and athletic
facilities and the structures incidental thereto such as: ski slopes, golf courses,
archery, racetracks, boating, swimming, picnicking, athletic, and similar uses, and
may include a refreshment stand incidental to the primary use. However,
recreational use does not include: extensive recreation, or a campground, a
recreational vehicle park or a recreation camp. 132.
RECREATIONAL VEHICLE (OR RV)
means a vehicular type unit primarily designed as temporary living quarters for
recreational camping or travel use, which either has its own motor or is mounted or
drawn by another vehicle. Recreational vehicles include travel trailers, camping
trailers, truck campers, 5th wheels, or motor homes, but not manufactured homes,
park models, a garage package, or a cabin on any sort of transportation device such
as skids or wheels up to a maximum interior space of 75 sq. m (807.3 ft2). Any vehicle
larger than 75 sq. m (807.3 ft2) in interior space shall be considered to be a
manufactured home for the purposes of this Bylaw. A recreational vehicle may not
to be used as a permanent dwelling. 133.
RENOVATION
means an addition to, deletion from, or change to any building which does not
require a permit other than a plumbing permit or an electrical permit pursuant to
the Safety Codes Act. 134.
RENTAL UNIT
means a dwelling intended for short term occupancy, often rented for a short period
of time to the traveling or vacationing public. 135.
RESIDENTIAL USE
includes the occupation and use of land and buildings as dwellings, whether on a
seasonal or year-round basis. 136.
RF TECHNOLOGY
means technology operating in the electromagnetic radiating frequency bands. 137.
ROAD (OR ROADWAY)
means a right-of-way on which motorized vehicles are normally allowed to operate,
or a road as defined in the Act, but does not include either a highway or a lane; 138.
ROOF
means the top of any enclosure, above or within the vertical walls of a building. S139.
SEA CAN (OR SHIPPING CONTAINER)
means a container, including a sea/land/rail shipping container, which is generally
used as a storage vault. 140.
SECONDARY SUITE
see "Suite, Secondary." 141.
SETBACK
means, depending on the context of the term, the minimum horizontal distance
between buildings or a lot boundary and buildings. 142.
SEWAGE COLLECTION SYSTEM
a privately or publicly owned system for treating sewage effluent, recognized by the
appropriate regulatory agency, consisting of either a municipal or an on-site on-
parcel sewage collection system. 143.
SHALL
is an operative word which means the action is obligatory. 144.
SHED
is an accessory building to be used for storage. 145.
SHOULD
is an operative word which means that, in order to achieve local goals and objectives
it is strongly advised that the action be taken. Exceptions shall be made only under
extenuating circumstances.
PART 13
SIDE LINE
means the boundary line of a lot lying between a front line and a rear line of a lot.
In the case of a corner lot, the longer of the two boundary lines adjacent to the
highway or road shall be considered a side line. 147.
SIDE YARD
see "Yard, Side." 148.
SIGN
means any visual medium, including its structure and other component parts, used
on a permanent or temporary basis to convey information, to advertise, or to attract
attention to a product, service, place, activity, person, institution or business.
Without limiting the generality of the foregoing, signs shall include banners,
placards, and painted messages, but not national flags, interior window displays of
merchandise, or signs painted on or attached to a licensed motor vehicle. 149.
SIGN AREA
means the total face area of a sign intended for the letters or graphics of the
message. In the case of a double-faced sign, only half of the area of each sign face
shall be used in calculating sign area. 150.
SIGN, FREESTANDING
means a sign supported by one or more uprights, braces or pylons, and stands
independently of another structure. 151.
SIGN, OFFSITE
means a sign that advertises goods, products, services or facilities not available on
the site where the sign is located, and which may also direct persons to another
location. 152.
SIGN, TEMPORARY (OR PORTABLE)
means a sign on a standard or column fixed to its own self-contained base and
capable of being moved manually. 153.
SIMILAR USE
means a use which, in the opinion of the Development Authority, closely resembles
another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment that is not specifically defined in
this Bylaw. 154.
SITE
means an area of land designed to accommodate, and intended to be rented for, a
tent or recreational vehicle. 155.
SOLAR ENERGY SYSTEM
a system of one or more buildings or appurtenances to buildings designed to convert
solar energy into mechanical or electrical energy and includes solar array, solar
panels, free standing, ground and roof mounted. 156.
SOLAR PANEL, FREESTANDING
a device which is used to convert energy contained within the sun's rays into
electricity, which is not mounted or attached to any other structure for support. 157.
SOLAR PANEL, ROOF-MOUNTED
a device which is used to convert energy contained within the sun's rays into
electricity, which is located, mounted, or attached to the roof of a structure. 158.
STOREY
means the space between one floor of a multi-storey building and the next floor
above it. The upper limit of the top storey shall be the ceiling above the topmost
floor. A basement shall not be considered a storey. 159.
STOREY, HALF
means that part of any building wholly or partly within the framing of the roof,
where the habitable floor area is not more than 70% of the ground floor. 160.
STREET
see "Road." 161.
STRUCTURAL ALTERATION
the addition to, deletion from, or change to any building which requires a permit
other than a plumbing permit or an electrical permit pursuant to the Safety Codes
Act.
PART 13
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
means a Subdivision and Development Appeal Board appointed pursuant to the the
Act. 163.
SUBDIVISION AUTHORITY
the Subdivision Authority established pursuant to the Act through the municipality's
Subdivision Authority Bylaw. 164.
SUBSTANDARD LOT
a lot created by legal subdivision prior to this bylaw coming into effect which is
smaller, in area or in any dimension, than the minimum permitted lot size or
dimension stipulated in the regulations of the District in which the lot is located. 165.
SUITE
means a garage suite, guest house suite, or secondary suite, as defined in this Land
Use Bylaw. 166.
SUITE, GARAGE
means sleeping quarters located
above or within a detached
garage which is accessory to a
single detached dwelling. Garage
suites have an entrance which is
separated
from
the
vehicle
entrance to the detached garage,
either from a common indoor landing or directly from the exterior of the structure.
Garage suites cannot contain cooking facilities and are not to be used as rental
accommodations. 167.
SUITE, GUEST HOUSE
means an accessory building
used for seasonal or part-time
sleeping accommodation and
not containing cooking facilities.
Guest houses are not to be used
as
rental
accommodations.
Guest houses may also be
referred to as garden suites. A single detached dwelling must be constructed prior
to the approval and development of a guest house on a lot. 168.
SUITE, SECONDARY
means a sleeping quarters,
clearly secondary in size and
within a principal dwelling, which
may or may not share access to
the
outside
and/or
other
facilities with the main dwelling.
It could also be called a
"basement suite" or "in-law"
suite. Secondary suites cannot
include cooking facilities and are
not to be used as rental
accommodations. T169.
TEMPORARY DEVELOPMENT
means a development for which a development permit has been issued and which
is to exist for a limited time only and the expiry date is clearly indicated on the
development permit.
PART 13
TEMPORARY DWELLING
a dwelling located on a site where a permanent dwelling is under construction. The
temporary dwelling shall be removed upon completion and occupancy of the
permanent dwelling. 171.
TEMPORARY USE OR BUILDING
a use or building developed on a parcel which is not permanent in nature and can
conveniently and economically be removed so as to not prejudice the future
subdivision or development of that parcel. 172.
TENTED STRUCTURE
means a structure that uses masts or poles and tensile membrane (e.g. fabric or
plastic) to create a temporary enclosure. Portable garages and reception tents are
examples of tented structures. U173.
UNDEVELOPED LOT
means a lot which does not contain a residence, building or structure. 174.
UNIT
other than when referred to as a dwelling unit, means an area of land or a building
designated as a unit in a condominium plan. 175.
USE
means the purpose or activity for which a site, a parcel of land, or a lot and any
buildings located on it are designed, arranged, developed, or intended, or for which
it is occupied or maintained. V, W176.
WALKWAY
a public right-of-way for pedestrian use only, which is registered as a walkway or as
reserve. 177.
WIND ENERGY CONVERSION SYSTEM, MICRO
means a small-scale wind turbine, which is small is height and diameter and can be
installed on the roof of a building or structure. 178.
WIND ENERGY CONVERSION SYSTEM, SMALL
refers to a wind energy conversion system (WECS) consisting of a wind turbine, a
tower, and associated control or conversion electronics, which has a rated capacity
of not more than 300 kW, and which is intended to provide electrical power for use
on-site (either behind the meter or off-grid) and is not intended or used to produce
power for resale. 179.
WIRELESS COMMUNICATIONS FACILITY
a facility that provides communication service using RF technology to transmit and
receive voice, picture, text and data, in either digital or analogue form, on a system
of elevating support structures. These structures include monopoles, lattice towers
(self-supported or guyed) or other configurations as well as, although not limited to,
shelters, transmitters, receivers, antennas, antenna mounts, transmission lines,
waveguides, transmission line supporting equipment and material, aeronautical
obstruction lights, antenna equipment, antenna power dividers and matching
equipment, combiners and utility power equipment, conditioners and backup
power systems. X, Y, Z180.
YARD, FRONT
a yard extending across the full width of a parcel from the front wall of the main
building to the front boundary of the parcel. In the case of lakefront lots, the font
yard is the area between the lakeshore property line and the wall of the main
building facing the lake.
PART 13
YARD, LAKEFRONT
the yard extending across the full width of a lakefront parcel and situated between
the parcel line closest to the lake and the nearest exterior wall of the principal
building. 182.
YARD, REAR
a yard extending across the full width of a parcel from the rear wall of the main
building to the rear boundary of the parcel. 183.
YARD, SIDE
a yard extending from
the front wall of the
principal building to
the rear wall of the
principal building and
lying between the side
property lines and the
principal building.
And all other words and expressions have the means respectively assigned to them in the Municipal Government Act.
MAPP
PART 14
SUMMER VILLAGE OF
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX,
Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
0
0.5
KM [
Digital Information: Geogratis,
Geodiscover, and Altalis
Projection: UTM NAD 83 12N
PELICAN NARROWS
LAND USE DISTRICT MAP
LAND USE DISTRICTS
RESIDENTIAL DISTRICT (R1)
LARGE HOLDINGS DISTRICT (LH)
PARK AND RECREATION DISTRICT (P)
LAKE AVE
GROSBEAK CR
KINGBIRD RD
PELICAN DR
LARK LN
MALLARD LN
NUTHATCH LN
ORIOLE LN
PARTRI DGE
LN
BLUE
HERON RD
HUMMINGBIRD CR
JAY CR
PELICAN DR
EAGLE DRIVE