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The Summer Village of Rochon Sands Land Use Bylaw #244-19
pg. i
SUMMER VILLAGE
of
ROCHON SANDS
LAND USE BYLAW
Bylaw No. 244-19
September 2019
Summer Village of Rochon Sands - Land Use Bylaw
i
HOW TO USE THIS BYLAW
Rochon Sands' Land Use Bylaw establishes the regulations that govern how
land and buildings can be developed in the municipality. The regulations vary
depending on where the land is located and what kind of development is
proposed. If you are not sure you understand the regulations, or if you would
like someone to guide you through the process, simply call or visit the Summer
Village's Development Officer. The steps below provide a brief method for
researching the scope of development opportunities available for your property.
Step 1 - Determine Your Property's Land Use District
Locate the property in question on the Land Use Map attached as Schedule A
of this Bylaw.
The map divides the Summer Village into Land Use Districts. Each District has
a designation such as "R1" (Residential District), or "C" (Central Commercial).
Note which Land Use District the property is located in.
Step 2 - Review the Regulations in Your District
Check the Table of Contents and find the District that you are interested in.
Each Land Use District is listed in Part 9. In each District you will find a list of
permitted and discretionary uses, and regulations related to subdivision,
development and use for land within that particular district.
Step 3 - Review the General Regulations Affecting all Districts
Review the Table of Contents to see if there are any general regulations that
apply. For example, Part 8 - General Regulations deals with such items as
parking and loading, accessory buildings/garages, home occupations,
vehicular uses, bed and breakfast homes, and signs.
Step 4 - Evaluate Your Development Plans Using This Bylaw
Discuss your project with the Village's Development Officer. They will assist
you with your application and explain the process, whether you are applying
for a development permit, subdivision, or Land Use Bylaw amendment.
We hope this guide has been useful. Again, if you need help, please ask.
*NOTE: This page is intended only to assist readers and does not form part of the
Land Use Bylaw
Summer Village of Rochon Sands - Land Use Bylaw
ii
DEVELOPMENT PERMIT APPLICATION PROCESS
*NOTE: This page is intended only to assist readers and does not form part of the
Land Use Bylaw
Summer Village of Rochon Sands - Land Use Bylaw
iii
TABLE OF CONTENTS
PART 1
LAND USE BYLAW PURPOSE AND APPLICABILITY ................................ 1
1.1
SHORT TITLE .................................................................................................. 1
1.2
PURPOSE OF THE LAND USE BYLAW ............................................................. 1
1.3
COMPLIANCE WITH OTHER LEGISLATION ..................................................... 2
1.4
SECTIONS FOUND INVALID ............................................................................ 2
1.5
RULES OF INTERPRETATION.......................................................................... 2
1.6
ESTABLISHMENT OF FORMS AND NOTICES .................................................. 3
1.7
ESTABLISHMENT OF FEES ............................................................................ 3
PART 2
THE DEVELOPMENT AUTHORITY ......................................................... 4
2.1
THE DEVELOPMENT OFFICER ....................................................................... 4
2.2
THE MUNICIPAL PLANNING COMMISSION ..................................................... 5
2.3.
GRANTING VARIANCES .................................................................................. 5
PART 3
APPLYING FOR A DEVELOPMENT PERMIT ........................................... 8
3.1
DEVELOPMENT PERMIT REQUIRED .............................................................. 8
3.2
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT ...................... 8
3.3
DEVELOPMENT PERMIT APPLICATIONS ........................................................ 9
3.4
SPECIAL INFORMATION REQUIREMENTS .................................................... 12
3.5
COMPLETE AND INCOMPLETE APPLICATIONS ............................................ 13
3.6
DEVELOPMENT PERMIT REFERRALS .......................................................... 15
3.7
TIME LIMIT FOR DECISIONS ON DEVELOPMENT PERMITS ......................... 15
PART 4
DECISION PROCESS FOR DEVELOPMENT PERMITS ........................... 16
4.1
DECIDING ON PERMITTED USES ................................................................. 16
4.2
DECIDING ON DISCRETIONARY USES ......................................................... 18
4.3
NOTIFICATION OF DECISIONS ON DEVELOPMENT PERMITS ...................... 19
4.4
EFFECTIVE DATE OF A DEVELOPMENT PERMIT ......................................... 20
4.5
EXPIRY AND VALIDITY OF PERMIT ............................................................... 20
4.6
RE-APPLYING FOR A DEVELOPMENT PERMIT.............................................. 21
4.7
APPEALING A DECISION OF THE DEVELOPMENT AUTHORITY .................... 22
PART 5
SUBDIVISION APPROVAL APPLICATIONS ............................................ 24
5.1.
SUBDIVISION APPLICATIONS .............................................................................. 24
PART 6
ENFORCING THE LAND USE BYLAW ................................................... 26
6.1
CONTRAVENTION AND ENFORCEMENT ....................................................... 26
6.2
OFFENCES AND PENALTIES ......................................................................... 28
PART 7
AMENDING THE LAND USE BYLAW ..................................................... 30
7.1
INITIATING AN AMENDMENT ........................................................................ 30
7.2
PROCESSING AN AMENDMENT .................................................................... 31
PART 8
GENERAL REGULATIONS .................................................................... 36
8.1
APPLICABILITY ............................................................................................. 36
BUILDINGS ............................................................................................................ 36
8.2
NUMBER OF MAIN BUILDINGS ON A LOT ..................................................... 36
Summer Village of Rochon Sands - Land Use Bylaw
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8.3
NON-CONFORMING BUILDINGS AND USES ................................................. 37
8.4
BUILDING DEMOLITION ............................................................................... 37
8.5
BUILDING ORIENTATION AND DESIGN ........................................................ 38
8.6
RELOCATING BUILDINGS ............................................................................. 39
8.7
MANUFACTURED HOMES ............................................................................ 39
8.8
ACCESSORY BUILDINGS .............................................................................. 40
8.9
GUEST HOUSES ........................................................................................... 42
8.10 TEMPORARY BUILDINGS .............................................................................. 44
YARDS ................................................................................................................... 46
8.11 YARDS .......................................................................................................... 46
8.12 PROJECTIONS OVER YARDS ........................................................................ 48
8.13 OBJECTS PROHIBITED OR RESTRICTED IN YARDS ..................................... 49
8.14 FENCES AND SCREENING ............................................................................ 50
8.15 RETAINING WALLS ....................................................................................... 50
8.16 RESTRICTIONS ON CORNER LOTS ............................................................... 51
VEHICLES.............................................................................................................. 52
8.17 PARKING AND ACCESS ................................................................................. 52
8.18 RECREATION VEHICLES .............................................................................. 53
MISCELLANEOUS .................................................................................................. 56
8.19 SUB-STANDARD LOTS .................................................................................. 56
8.20 LOT CONDITIONS ......................................................................................... 56
8.21 DEVELOPMENT ON OR NEAR SLOPES ......................................................... 56
8.22 ENVIRONMENTAL PRESERVATION AND ENHANCEMENT ............................ 57
8.23 SANITARY FACILITIES .................................................................................. 57
8.24 OUTDOOR HOT TUBS ................................................................................... 58
8.25 HOME OCCUPATIONS .................................................................................. 58
8.26 SIGNS ........................................................................................................... 59
8.27 MUNICIPALLY-OWNED LANDS ..................................................................... 60
8.28 DEVELOPMENT IN PROXIMITY TO OIL & GAS WELLS .................................. 60
8.29 SETBACKS FROM LANDFILLS AND WASTE SITES ........................................ 60
PART 9
LAND USE DISTRICTS AND REGULATIONS ......................................... 62
9.1
ESTABLISHMENT OF LAND USE DISTRICTS ................................................ 62
9.2
RESIDENTIAL DISTRICT (R1) ........................................................................ 63
9.3
COUNTRY RESIDENTIAL DISTRICT (CR) ....................................................... 65
9.4
COUNTRY RESIDENTIAL LARGE LOT DISTRICT (CRL) .................................. 67
9.5
VILLAGE SQUARE DISTRICT (VSQ) ............................................................... 69
9.6
COMMERCIAL DISTRICT (C) ......................................................................... 71
9.7
PUBLIC OPEN SPACE DISTRICT (POS) .......................................................... 73
9.8
RESERVED FOR FUTURE DEVELOPMENT DISTRICT (RD) ........................... 74
PART 10 DEFINITIONS ...................................................................................... 75
SCHEDULE A - LAND USE DISTRICT MAP ......................................................... 86
SCHEDULE B - SPECIFIED PENALTIES FOR OFFENCES .................................... 87
Summer Village of Rochon Sands - Land Use Bylaw 1
SUMMER VILLAGE OF ROCHON SANDS
LAND USE BYLAW NO. 244-19
PART 1
LAND USE BYLAW PURPOSE AND APPLICABILITY
1.1
SHORT TITLE
The title of this Bylaw shall be the Summer Village of Rochon Sands Land
Use Bylaw.
1.2
PURPOSE OF THE LAND USE BYLAW
The purpose of this Bylaw is to regulate the use and development of land
and buildings within the Summer Village of Rochon Sands to achieve the
orderly, economical and beneficial development of land and to maintain and
improve the quality of the physical environment. This Bylaw shall among
other things:
(a)
implement the vision of Council and residents as
expressed in the statutory and non-statutory plans
that have effect within the municipality. The collective
vision describes a low density mix of lakeside and
countryside detached dwellings, which blend into the
surrounding natural features that exemplify Rochon
Sands as a peaceful setting where residents and
visitors may enjoy the natural and recreational
amenities of the area.
(b)
divide the Summer Village into districts;
(c)
describe the purpose for which land and buildings may
be used within each district;
(d)
establish the office of the Development Officer;
(e)
establish the method of making decisions on
applications for development permits; and,
(f)
establish the procedure for notifying landowners likely
to be affected by a development.
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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1.3
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this Land Use Bylaw does not exempt
any person from:
1.3.1.
The requirements of any federal, provincial or other
municipal legislation;
1.3.2.
Complying with any easement, covenant, agreement or
contract affecting the development; and,
1.3.3.
The obligation to obtain any other permit, license or other
authorization required by this or any other bylaw.
1.4
SECTIONS FOUND INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared
to be invalid, it is intended that all remaining provisions are to remain in
full force and effect.
1.5
RULES OF INTERPRETATION
1.5.1.
Words used in the present tense include the other tenses
and derivative forms. Words used in the singular include the
plural and vice versa. Words used in the masculine gender
shall also mean the feminine gender and the neuter. Words
have the same meaning whether they are capitalized or not.
1.5.2.
Words, phrases and terms not defined in this Land Use
Bylaw may be given their definition in the Municipal
Government Act, Subdivision and Development Regulation or
the Alberta Building Code. Other words shall be given their
usual and customary meaning.
1.5.3.
The words "shall" and "must" require mandatory compliance
except where a variance has been granted pursuant to this
Land Use Bylaw.
1.5.4.
Where a specific use does not conform to the wording of any
one use definition, the Development Authority may deem
that the use conforms to that use class considered to be the
most appropriate and substantially similar in nature. In
such case, the use shall be considered a discretionary use,
whether or not the use class is listed as permitted or
discretionary within the District.
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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1.5.5.
Imperial equivalents are provided beside every metric value
in this Land Use Bylaw for convenience. Such equivalents
are rounded to the nearest whole number. The metric value
is the actual standard to be used.
1.6
ESTABLISHMENT OF FORMS AND NOTICES
1.6.1.
For the purpose of administering this Land Use Bylaw, the
Development Officer shall prepare such forms and notices as
they may deem necessary.
1.6.2.
Any such forms or notices are deemed to have the full force
and effect of this Land Use Bylaw in the execution of the
purpose for which they were designed, authorized and
issued.
1.7
ESTABLISHMENT OF FEES
The Development Permit application fee and fees for other matters arising
through this Land Use Bylaw shall be as established by resolution of
Council. Council may at any time by resolution increase, decrease or
establish new fees for matters covered by this Bylaw.
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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PART 2
THE DEVELOPMENT AUTHORITY
2.1
THE DEVELOPMENT OFFICER
2.1.1
The office of the Development Officer is hereby established
and such office shall be filled by a person or persons to be
appointed by resolution of Council.
2.1.2
The Development Officer shall:
(a)
Receive, ensure the completeness and process all
applications for development permits and applications
to amend this Land Use Bylaw;
(b)
Review development permit applications to determine
its appropriate use definition and, if necessary, require
the applicant to apply for a permit for a different use
definition or make application to amend this Land Use
Bylaw;
(c)
Make decisions and if necessary state terms and
conditions for development permit applications for
those uses listed as Permitted Uses in the subject land
use district,
(d)
Make decisions and if necessary state terms and
conditions for development permit applications for
those uses listed as Discretionary Uses in the subject
land use district where in the Municipal Planning
Commission's opinion the proposed development
meets all the standards of the Land Use Bylaw and is
compatible with the surrounding uses,
(e)
At their discretion, refer to the Municipal Planning
Commission, for its consideration, any development
permit application with respect to a Permitted Use;
(f)
Provide notice of decisions on development permit
applications in accordance with the notification
requirements of this Bylaw;
(g)
Keep and maintain for the inspection of the public
during all reasonable hours, a copy of this Land Use
Bylaw and all amendments thereto; and,
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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(h)
Keep a register of all applications for development,
including the decisions thereon and the reasons
therefore.
2.2
THE MUNICIPAL PLANNING COMMISSION
2.2.1
The Municipal Planning Commission shall:
(a)
Make decisions and if necessary state terms and
conditions for development permit applications for
those uses listed as Permitted Uses which the
Development Officer refers to the Municipal Planning
Commission;
(b)
Make decisions and if necessary state terms and
conditions for development permit applications for
those uses listed as Discretionary Uses which the
Development Officer refers to the Municipal Planning
Commission; and
(c)
Consider and if necessary, state terms and conditions
or provide direction on any other planning or
development matter referred by the Development
Officer.
2.2.2
The Municipal Planning Commission may:
(a)
Direct the Development Officer/Administration to
review, research or make recommendations on any
other planning and development matter; and
(b)
Make recommendations to Council on planning and
development matters.
2.3.
GRANTING VARIANCES
2.3.1.
The Development Authority may approve, with or without
conditions, an application for development that does not
comply with this bylaw if, in the opinion of the Development
Authority,
(a)
The proposed development would not:
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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i.
Unduly interfere
with the amenities of the
neighbourhood, or
ii.
Materially interfere with or affect the use,
enjoyment or value of neighbouring parcels of land,
and
(b)
The proposed development conforms to the use
prescribed for that land or building in this bylaw.
2.3.2.
In approving an application for a development permit
pursuant to subsection 2.3.1, the Development Authority
shall adhere to the following:
(a)
A relaxation of the required yard and setback
regulations in this Bylaw shall only be considered
when warranted by the merits of the proposed
development and in response to irregular lot lines,
parcel shapes, or lot characteristics which create
difficulties in siting structures within the required
setbacks or in meeting the usual bylaw requirements;
(b)
There shall be no relaxation from the following
requirements of this Bylaw:
i.
Lot coverage; and
ii.
On-site parking.
(c)
Prior to considering a relaxation the Development
Authority shall require a letter from the applicant
stating:
i.
reasons why they believe a relaxation is warranted;
and
ii.
steps proposed to minimize the impact of granting
the relaxation e.g. additional landscaping, building
orientation, window and door placement;
2.3.3.
Where the issuance of a development permit involves the
exercise of any specified discretion of the Development
Authority to relax a regulation of a district or any other
regulation of this Bylaw, the Development Authority shall not
permit any additional variance from that relaxation.
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2.3.4.
In the event that a relaxation is granted, the nature of the
approved relaxation shall be specifically described in the
development permit approval.
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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PART 3
APPLYING FOR A DEVELOPMENT PERMIT
3.1
DEVELOPMENT PERMIT REQUIRED
Except as provided in Section 3.2 of this Land Use Bylaw, no person shall
commence a development or allow a development to continue within the
Summer Village without first obtaining a development permit.
3.2
DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT
3.2.1
No development permit will be required for any of the
following types of development provided that such
development complies with all applicable provisions of this
Land Use Bylaw. In any situation involving a development,
the applicant may consult with the Development Officer to
ensure compliance with this Bylaw.
(a)
the repair or maintenance of any building provided the
work does not include structural alterations;
(b)
the completion of a building which was lawfully under
construction, or for which a permit had lawfully been
issued on the date this Bylaw comes into effect;
(c)
the construction, alteration or maintenance of fences,
gates, walls, or other enclosures (except on corner lots)
less than three feet in front yards and less than 6 feet
in height in side and rear yards, in accordance with
section 8.14 - Fences and Screening;
(d)
the construction of decks which are less than 0.6 m (2
ft.) in height, providing that all setbacks and allowable
projections are met;
(e)
a temporary building which is incidental to the
construction or alteration of a principal building for
which a permit has been issued, provided the
temporary building is removed when construction of
the principal building is completed;
(f)
the cutting of trees and clearing of underbrush on:
i.
private parcels already containing a principal
building; or
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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ii.
private parcels less than 0.2 ha (½ acre) in area;
(g)
patios and sidewalks;
(h)
construction of the first accessory building on a lot
provided the floor area does not exceed 13.4 m2 (144
ft2), the height does not exceed 2.5 m (8 ft) and that it
complies with all other requirements for accessory
buildings, including section 8.8, of this Bylaw;
(i)
temporary buildings in accordance with section 8.10;
(j)
demolition of buildings with a floor area less than or
equal to 13.4 m2 (144 ft2)
(k)
construction of a single retaining wall less than 1 m
(3.3 ft) in height measured from the lowest grade at
any point adjacent to the retaining wall to the highest
grade retained by the wall, and where all surface
drainage remains on the same property as the
retaining wall, and where no other retaining wall exists
on the lot;
(l)
traffic and directional signs authorized by Council; and
(m)
the maintenance and repair of public building or
public utilities carried out by or on behalf of federal,
provincial or municipal authorities on land which is
publicly owned or controlled.
3.3
DEVELOPMENT PERMIT APPLICATIONS
3.3.1
An application form for a development permit shall be
completed and submitted to the Development Officer and be
accompanied by:
(a)
a Real Property Report, or other site plan that the
Development Officer deems acceptable, in duplicate,
drawn to scale that shows the following:
i.
north arrow and scale of plan;
ii.
legal description of the property;
iii.
property lines, shown with dimensions;
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iv.
location and dimensions of all existing and
proposed buildings and their distance from the
property lines (setbacks);
v.
location and dimensions of any other proposed
improvements to all portions of the lot including
parking, decks, patios, fences, retaining walls, and
storage areas;
vi.
location of well and private sewage disposal
system;
vii.
access and egress points to the parcel;
viii.
location of all registered utility easements and
rights-of-way; and
ix.
area calculations including: entire lot; coverage of
lot by principal and accessory buildings; parking
area(s); and landscaping.
(b)
building floor plans, drawn to scale, including the
proposed use of the building(s) or addition, total floor
space and dimensions of the building, and, where
required, the allocation of floor space for different uses
for parking calculations;
(c)
building elevations, drawn to scale, showing all sides
of the building and indicating building height, exterior
finishing materials and colors;
(d)
a lot grading plan, showing existing and proposed
grades and slopes;
(e)
a landscaping plan, showing the area to be retained in
its natural state, any trees designated for removal and
new landscaping to be installed following development.
(f)
Estimated commencement and completion dates;
(g)
If a relaxation to any stated minimum or maximum
standard is required, in accordance with section 2.3, a
letter from the applicant stating reasons why the
relaxation is warranted and actions that will be
undertaken to mitigate any consequences of granting
the relaxation(s);
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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(h)
a copy of the Certificate of Title indicating ownership
and any encumbrances;
(i)
if the applicant is not the landowner, proof of authority
to apply for a development permit; and
(j)
such other plans and information as the Development
Officer may consider necessary to properly evaluate
the proposed development.
3.3.2
Where demolition of a building requires a development
permit, such a permit requires the applicant to provide
details indicating:
(a)
How the demolition will be carried out;
(b)
How the parcel will be reclaimed; and
(c)
Written confirmation of compliance with the Alberta
Occupational Health and Safety Code for removal of
any hazardous materials from the site.
3.3.3.
Each application for a development permit shall be
accompanied by a non-refundable processing fee.
3.3.4.
If the intended development is for a development that
requires a wastewater disposal system, the applicant shall
also include a copy of a private wastewater disposal system
pre-approval issued by the Summer Village's designated
Safety Codes Company proposing the method and location of
wastewater treatment and disposal for the development.
3.3.5.
If permission is requested for an addition to an existing
development, the Development Officer may require
confirmation in writing from the designated Safety Codes
Company that the existing private wastewater disposal
system is adequate for the proposed development.
3.3.6.
The Development Officer may deal with an application and
make a decision without all of the information required by
subsection 3.3.1, if it is the opinion of the Development
Officer that a decision on the application can be properly
made without such information.
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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3.3.7.
The Development Officer may deal with an application for a
permitted use that does not contain a request for a
relaxation(s) and make a decision thereon without all the
information required under section 3.3.1 if, in their opinion,
a decision can be properly made without such information.
3.3.8.
Complete information shall be provided for all applications
that:
(a)
require a relaxation from this Bylaw; or
(b)
are a discretionary use; or
(c)
require approval by the Municipal Planning
Commission.
3.4
SPECIAL INFORMATION REQUIREMENTS
3.4.1
In addition to the information required pursuant to section
3.3.1, the Development Officer may require the following
information and studies:
(a)
Hosting a public meeting in the community and
submitting a record of the meeting and summary of
input;
(b)
Traffic Impact Assessment to determine possible
effects of the development on the transportation and
traffic system;
(c)
Environmental Site Assessment to identify potential
site contamination;
(d)
Noise Impact Assessment to examine the noise emitted
from the facility;
(e)
Lighting Impact Assessment to determine the potential
light impact to adjacent properties during construction
and operation of the site;
(f)
Sun Shadow Impact Study to determine the impact of
development in terms of sun and daylight access to
surrounding property;
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(g)
Servicing Study to assess the capacity of municipal
servicing to accommodate future development;
(h)
Geotechnical Assessment of the site for design of
structures;
(i)
Real Property Report illustrating locations of property
improvements relative to property boundaries;
(j)
Flood proofing assessment of the development if it is
located in a flood prone area;
(k)
Slope Assessment to assess the safe design of a slope;
(l)
Risk Assessment for hazards associated with the use
or storage on site;
(m)
Crime Prevention Through Environmental Design
Analysis to analyze the built form in reducing the
incidence of crime;
(n)
Parking Demand Study to estimate the parking
demand of the proposed use;
(o)
Such other plans and information as the Development
Officer may consider necessary to properly evaluate
the proposed development.
All submitted documents are to be prepared by qualified
registered professionals in their respective fields. All
submitted documents shall include certification by the
professional who prepared the document.
3.5
COMPLETE AND INCOMPLETE APPLICATIONS
3.5.1
Upon receipt of an application the Development Officer shall
within 20 days determine whether the application is complete.
An application is complete if, in the opinion of the
Development Officer, the application contains the documents
and other information necessary to review the application. The
20-day timeline may be extended if agreed upon in writing
between the applicant and the Development Officer.
3.5.2
If the Development Officer deems a development permit
application to be complete, the Development Officer shall
issue a letter to the applicant indicating:
Summer Village of Rochon Sands - Land Use Bylaw #244-19
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(a)
The date the application was received and deemed
complete,
(b)
Confirmation the Development Officer will begin
processing the application, and
(c)
The date the 40 days to process the application
expires.
3.5.3
If the Development Officer determines an application is
incomplete, the Development Officer shall issue a letter in
writing to the applicant, indicating the following:
(a)
The application is considered incomplete,
(b)
A detailed list of the outstanding documents and/or
information required by the Development Officer in
order for the application to be considered complete,
(c)
The date which the required outstanding documents
and/or information must be submitted to the
Development Officer, as either set out in the notice, or
as agreed upon between the applicant and
Development Officer.
Prior to the expiry of the 20 day review period.
3.5.4
If the Development Officer determines that the information
and documents submitted by the applicant at the request of
the Development Officer are complete, the Development
Officer must issue a letter to the applicant indicating:
(a)
The application is complete,
(b)
Confirmation the Development Officer will begin
processing the application, and
(c)
The date the 40 days to process the application
expires.
3.5.5
If the applicant fails to submit the outstanding information
and documents requested by the Development Officer to
complete the application on or before the date referred to in
the letter issued to the applicant, the application is deemed
to be refused.
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3.5.6
If the application is deemed refused because the applicant
failed to provide the Development Officer with the requested
information, the Development Officer shall issue to the
applicant a letter indicating the application has been refused
and the reason(s) for the refusal, within 7 days of the expiry
date.
3.5.7
Despite that the Development Officer has issued a letter
acknowledging an application as complete, in the course of
reviewing the application, the Development Officer may
request additional information or documentation from the
applicant that the Development Officer considers necessary
to review the application.
3.5.8
If the Development Officer does not make a determination of
an application's completeness within 20 days of receiving the
application, or within an alternative timeline agreed upon
between the applicant and Development Officer, the
application is deemed to be complete.
3.6
DEVELOPMENT PERMIT REFERRALS
3.6.1
The Development Authority may refer an application to any
other agency or person which in their opinion may provide
relevant comments or advice respecting the application.
3.6.2
The Development Authority shall refer any development
application to Camrose County, Lacombe County, County of
Stettler No.6 and the Summer Village of White Sands, in
accordance with any approved Intermunicipal Development
Plan.
3.7
TIME LIMIT FOR DECISIONS ON DEVELOPMENT PERMITS
3.7.1
The Development Officer shall, within 20 days after the
receipt of an application for a development permit, determine
whether the application is complete, or within such longer
period as the applicant may have agreed to in writing.
3.7.2
Once an application for a development permit has been
deemed, the Development Officer shall consider and decide
on the application within 40 days of the date that the
application was deemed complete, or within such longer
period as the applicant may have agreed to in writing.
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3.7.3
the applicant, deemed to be refused if the decision of the
Development Authority is not made within 40 days of the
date of issuance of a letter deeming the application to be
complete unless the applicant has entered into an agreement
with the Development Authority to extend the 40-day period.
PART 4
DECISION PROCESS FOR DEVELOPMENT PERMITS
4.1
DECIDING ON PERMITTED USES
4.1.1
The Development Authority shall approve an application for
a development permit for a permitted use if the application
conforms to the requirements of the Land Use Bylaw, the Act
and Regulation and statutory plans, and the Development
Authority may attach conditions to the permit necessary to
ensure any of the following:
(a)
Arrangements satisfactory to the Development
Authority for the supply of utilities including, but not
limited to, water, electric power, sanitary sewer, storm
sewer, natural gas, cable, or any one or more of them,
including payment of the cost of installation or
construction of any such utility or facility by the
applicant;
(b)
Arrangements satisfactory to the Development
Authority for vehicular and pedestrian access from
public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping
or drainage, or any one or more of these matters,
including payment of the costs of installation or
construction of any such facility by the applicant;
(c)
The developer entering into a development agreement
or an interim agreement, which shall form part of such
development permit and may be required to be
registered by caveat against title to the lot at the Land
Titles Office, to do any or all of the following:
i.
to construct or pay for the construction of a road
required to give access to the development;
ii.
to construct, or pay for the construction of:
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(i) a pedestrian walkway system to serve the
development, or
(ii) pedestrian walkways to connect the pedestrian
walkway system serving the development with a
pedestrian walkway system that serves or is
proposed to serve an adjacent development, or
both;
iii.
to install or pay for the installation of public
utilities, other than telecommunications systems
or works, that are necessary to serve the
development;
iv.
to construct or pay for the construction of:
(i) off-street or other parking facilities; and
(ii) loading and unloading facilities;
(d)
The developer paying an off-site levy or redevelopment
levy imposed by a bylaw adopted pursuant to the
Municipal Government Act;
(e)
The developer providing security to ensure compliance
with this Bylaw, a development permit, an agreement
under this clause and/or a statutory plan, which
security may include, but is not limited to, an
irrevocable letter of credit or charge against the title to
the lot; and
(f)
The applicant being responsible for any damages to
public or private property occurring as a result of a
development.
4.1.2
If an application for a development permit for a permitted
use does not conform to the requirements of this Bylaw, the
Municipal Government Act, the Subdivision and Development
Regulation and/or statutory plans, the Development
Authority:
(a)
may refuse the application giving reasons for the
refusal; or
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(b)
may approve the application subject to conditions
listed in subsection 4.1.1 and any conditions to ensure
that the application conforms to the requirements of
this Bylaw, the Municipal Government Act, the
Subdivision and Development Regulation and statutory
plans; or
(c)
may approve the application pursuant to section 2.3
Granting Variances and subject to conditions listed in
subsection 4.1.1.
4.2
DECIDING ON DISCRETIONARY USES
4.2.1
In making a decision on an application for a discretionary
use, the Development Authority may approve the application
for a development permit provided the application meets the
requirements of this Bylaw, the Municipal Government Act,
the Subdivision and Development Regulation and statutory
plans subject to:
(a)
Conditions listed in 4.1.1
(b)
Any conditions that the Development Authority may
deem appropriate to ensure compatibility with the
amenities of the neighbourhood and the use,
enjoyment and value of neighbouring parcels of land,
including, but not limited to, the following:
i.
Limiting the time of operation including hours of
the day, days of the week, and parts of the year;
ii.
Limiting the number of patrons;
iii.
Requiring attenuation or mitigation of noise or any
other nuisances that may be generated by the
proposed development;
iv.
Regarding the location, character and appearance
of buildings;
v.
Regarding the grading of the lot or such other
matters as are necessary to protect the lot from
other developments or to protect other
developments from the lot;
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vi.
Establishing the period of time for which a
development permit is valid.
4.2.2
The Development Authority, at its discretion, may refuse an
application for a development permit for a discretionary use
giving reasons for its refusal.
4.2.3
If an application for a development permit for a discretionary
use does not conform to the requirements of this Bylaw, the
Municipal Government Act and the Subdivision and
Development Regulation and statutory plans, the
Development Authority:
(a)
may refuse the application giving reasons for the
refusal; or
(b)
may approve the application subject to conditions to
ensure that the application conforms to the
requirements of this Bylaw, the Municipal Government
Act, the Subdivision and Development Regulation and
statutory plans; or
(c)
may approve the application provided the
requirements of section 2.3 Granting Variances are
met to the satisfaction of the Development Authority.
4.3
NOTIFICATION OF DECISIONS ON DEVELOPMENT PERMITS
4.3.1
A decision of the Development Authority on an application
for a development permit shall be given in writing and a copy
of it sent by ordinary mail to the applicant on the same day
the decision is made.
4.3.2
When an application for a development permit is approved,
with or without conditions, the Development Officer shall
publicize a notice of the approval of the permit in any or all
of the forms described as follows:
(a)
post a notice of the decision on the property for which
the permit has been granted;
(b)
send a notice of the decision by ordinary mail to all
those persons whose use, enjoyment or value of
property may, in the opinion of the Development
Officer, be affected; or
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(c)
post a notice of the decision in accordance with the
Summer Village's Public Participation Policy and
Advertising Bylaw.
4.3.3
When the Development Authority refuses an application for a
development permit, the decision shall contain reasons for
the refusal.
4.3.4
Where this Land Use Bylaw requires a document to be sent
to a person, the document may be sent by electronic means
if,
(a)
The recipient has consented to receive documents by
electronic means and has provided an email address,
website or other electronic address for that purpose,
and
(b)
It is possible to make a copy of the document from the
electronic transmission.
4.4
EFFECTIVE DATE OF A DEVELOPMENT PERMIT
4.4.1
A development permit does not come into effect until 21 days
after the date an order, decision or development permit is
issued, and any development proceeded with by the
applicant prior to the expiry of this period is done solely at
the risk of the applicant.
4.4.2
Where an appeal is made pursuant to this Bylaw, a
development permit, which has been granted, shall not come
into effect until the appeal has been determined and the
permit may be modified or nullified thereby.
4.4.3
A development permit issued according to this Bylaw is not a
building permit and notwithstanding that plans and
specifications for buildings may have been submitted as part
of an application for a development permit, work or
construction shall neither commence nor proceed until a
building permit has been issued pursuant to applicable
bylaws and regulations.
4.5
EXPIRY AND VALIDITY OF PERMIT
4.5.1
The Development Authority may cancel a development
permit if:
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(a)
The development is not initiated or completed in
accordance with section 4.5.2 below; or
(b)
the permit was issued in error; or
(c)
the permit was issued on the basis of incorrect
information.
4.5.2
If the development authorized by a permit is not started
within six months from the effective date of the permit
and/or completed within 18 months from the effective date
of the permit, the Development Officer may declare the
permit void, unless an extension has been granted. Unless
otherwise noted on the development permit, a development is
deemed complete once all exterior materials and if necessary
painting/staining of exterior materials as indicated on the
stamped development permit application is achieved.
Landscaping shall be completed by the end of the first full
growing season following the 18 month deadline.
4.5.3
The Development Officer may grant an extension of the time
the permit remains in effect for up to an additional twelve
(12) months. Only one extension shall be granted for the
commencement date and only one extension shall be granted
on the completion date.
4.5.4
A development, once begun, shall not be abandoned, or left
for an extended period of time in what the Development
Officer considers to be an unsightly or unsafe condition.
4.6
RE-APPLYING FOR A DEVELOPMENT PERMIT
4.6.1
Where an application for a development permit has been
refused, except for those applications refused as incomplete
applications, the Development Officer may refuse to accept a
subsequent application for the same or similar use on the
same lot or site for a period of at least six months after the
date of the initial refusal unless, in the opinion of the
Development Officer, the reasons for refusal have been
adequately addressed or the circumstances have changed
significantly.
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4.7
APPEALING A DECISION OF THE DEVELOPMENT AUTHORITY
4.7.1
An appeal may be made to the Subdivision and Development
Appeal Board (SDAB) where a Development Authority:
(a)
fails or refuses to issue a development permit to a
person; or
(b)
issues a development permit with conditions; or
(c)
issues an order under the Municipal Government Act;
the person applying for the permit, or affected by the order
may appeal to the SDAB.
4.7.2
An application for a development permit shall, at the option
of the applicant, be deemed to be refused when the
Development Authority fails to make a decision within forty
(40) days of the date of the letter issued to an applicant
acknowledging a complete application, and an applicant may
appeal in writing, as provided for in this Land Use Bylaw,
unless the applicant enters into an agreement with the
Development Officer to extend the forty (40) day period.
4.7.3
An appeal may be made to the SDAB by any other person
affected by an order, decision or development permit of a
Development Authority.
4.7.4
No appeal lies in respect of the issuance of a development
permit for a permitted use unless the provisions of this
Bylaw were relaxed, varied or misinterpreted.
4.7.5
A person desiring to appeal to the Board shall file with the
Clerk of the Subdivision and Development Appeal Board
written notice of appeal within the following time periods:
(a)
In the case of an appeal by an applicant for a
development permit, within twenty-one (21)
consecutive days of the date of the written decision on
the application or the date of the deemed refusal;
(b)
In the case of an appeal by a person affected by a stop
order or a decision made by the Development Officer,
within twenty-one (21) consecutive days of the date on
which the order or decision was made,
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(c)
In the case of an appeal by a person affected by a
development permit issued by the Development
Officer, within twenty-one (21) consecutive days of the
date of issuance of the Notice of Decision under
Section 4.3.
4.7.6
The date of receipt of a decision or order is deemed to be
seven (7) days from the date that the decision or order is
mailed.
4.7.7
Within 30 days of receiving a notice of appeal, the SDAB
shall hold an appeal hearing in accordance with the
Municipal Government Act as described below.
4.7.8
The procedures followed for an appeal hearing are governed
by the Municipal Government Act.
4.7.9
The decision of the SDAB is final and binding except on a
question or jurisdiction or law, in which case the appellant
may appeal to the Court of Appeal as provided in the
Municipal Government Act.
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PART 5
SUBDIVISION APPROVAL APPLICATIONS
5.1. Subdivision Applications
5.1.1.
Upon receipt of an application the Subdivision Authority
shall within 20 days determine whether the application is
complete. An application is complete, if in the opinion of the
Subdivision Authority, the application contains the
documents and other information necessary to review the
application. The 20 day timeline may be extended if agreed
upon in writing between the applicant and the Subdivision
Authority.
5.1.2.
If the Subdivision Authority deems a subdivision application
to be complete, the Subdivision Authority shall issue a letter
to the applicant indicating:
(a)
The date the application was received and deemed
complete,
(b)
Confirmation the Subdivision Authority will begin
processing the application, and
(c)
The date the 60 days to process the application
expires.
5.1.3.
If the Subdivision Authority determines an application is
incomplete, the Subdivision Authority shall issue a letter in
writing to the applicant, indicating the following:
(a)
The application is considered incomplete,
(b)
A detailed list of the outstanding documents and/or
information required by the Subdivision Authority in
order for the application to be considered complete,
(c)
The date which the required outstanding documents
and/or information must be submitted to the
Subdivision Authority, as either set out in the notice,
or as agreed upon between the applicant and
Subdivision Authority,
Prior to the expiry of the 20 day review period.
5.1.4.
If the Subdivision Authority determines that the information
and documents submitted by the applicant at the request of
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the Subdivision Authority are complete, the Subdivision
Authority shall issue a letter to the applicant indicating:
(a)
The application is complete,
(b)
Confirmation the Subdivision Authority will begin
processing the application, and
(c)
The date the 60 days to process the application
expires.
5.1.5.
If the applicant fails to submit the outstanding information
and documents requested by the Subdivision Authority to
complete the application on or before the date referred to in
notice issued to the applicant, the application is deemed to
be refused.
5.1.6.
If the application is deemed refused because the applicant
failed to provide the Subdivision Authority with the
requested information, the Subdivision Authority shall issue
to the applicant a letter indicating the application has been
refused and the reason for the refusal, within 7 days of the
expiry date.
5.1.7.
Despite that the Subdivision Authority has issued a letter
acknowledging an application as complete, in the course of
reviewing the application, the Subdivision Authority may
request additional information or documentation from the
applicant that the Subdivision Authority considers necessary
to review the application.
5.1.8.
If the Subdivision Authority does not make a determination
of an application's completeness within 20 days of receiving
the application, or within an alternative timeline agreed
upon between the applicant and Subdivision Authority, the
application is deemed to be complete.
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PART 6
ENFORCING THE LAND USE BYLAW
6.1
CONTRAVENTION AND ENFORCEMENT
6.1.1
For the information of readers, the provisions of this Bylaw
may be enforced by way of stop order, injunction or such
other relief as may be available under the Municipal
Government Act and include those described in the following
section.
6.1.2
Where the Development Authority finds that a development
or use of land or building is not in accordance with Part 17
of the Municipal Government Act, this Land Use Bylaw, the
Subdivision and Development Regulation, a development
permit or subdivision approval, the Development Authority
may, by notice in writing, order the registered owner, the
person in possession of the land or buildings or the person
responsible for the contravention or all or any of them to:
(a)
stop the development or use of the land or building in
whole or in part as directed by the notice, or
(b)
demolish, remove or replace the development, or
(c)
carry out any other actions required by the notice so
that the development or use of the land or building
complies with Part 17 of the Municipal Government
Act,, the Subdivision and Development Regulation, this
Land Use Bylaw, a development permit, or subdivision
approval,
within the timeframe set out in the notice.
6.1.3
Any person who receives an order under section 6.1.2 may
appeal to the Subdivision and Development Appeal Board
pursuant to this Land Use Bylaw.
6.1.4
The Summer Village may register a caveat under the Land
Titles Act in respect of an order referred to in section 6.1.2
against the certificate of title for the land that is the subject
of the order. A caveat registered under this subsection must
be discharged once the order has been complied with.
6.1.5
Where a person fails or refuses to comply with an order
directed to him/her under section 6.1.2 or an order of the
Subdivision and Development Appeal Board under the
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Municipal Government Act within the time specified, the
Summer Village may seek a court order from the Court of
Queen's Bench for any or all of the following:
(a)
a declaration that the person who received an order is
in breach of this Land Use Bylaw, an order issued
under this Land Use Bylaw and/or the Subdivision
and Development Appeal Board's decision relating to
an appeal of an order;
(b)
an injunction ordering the person who received an
order referred to in section 6.1.2 to comply with the
Land Use Bylaw within a certain period of time;
(c)
an order providing that, if compliance has not been
achieved within the period stated in the court order,
that the Summer Village or persons appointed by it
has the right to enter upon the land and building and
take steps necessary to achieve compliance with the
Land Use Bylaw;
(d)
an order that legal costs and the costs to achieve
compliance incurred by the Summer Village can be
added to the tax roll for the land that is the subject of
the court order; and
(e)
a provision that the court order may be registered
against the certificate of title for the land that is the
subject of the court order and discharged only on full
compliance with the court order.
6.1.6
Where a person fails or refuses to comply with an order
directed to him/her under section 6.1.2 or an order of the
Subdivision and Development Appeal Board under the
Municipal Government Act within the time specified, the
Summer Village 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.
6.1.7
Where the Summer Village carries out an order, the costs
and expenses incurred in carrying out the order shall be
placed on the tax roll of the property that is subject of the
order.
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6.1.8
An Enforcement Officer may inspect premises in accordance
with the provisions of the Municipal Government Act where
there are reasonable grounds to believe that the premises are
being used in contravention of this Land Use Bylaw. Without
limiting the generality of the foregoing, such reasonable
grounds would include:
(a)
complaints from the public that the premises are being
used contrary to this bylaw; or
(b)
the observations of an Enforcement Officer that there is
excessive traffic, parking problems, unauthorized
dwelling units, accumulated debris in a yard or other
apparent breach of this Bylaw.
6.1.9
The provisions and regulations of the Provincial Offences
Procedures Act, as amended, may apply to the provisions
and enforcement of this Land Use Bylaw. The Chief
Administrative Officer or designate is hereby authorized to
enforce this Land Use Bylaw.
6.2
OFFENCES AND PENALTIES
6.2.1
A person who contravenes or does not comply with a
provision of Division 5 of Part 13, or Part 17 of the Municipal
Government Act, or this Bylaw, or who obstructs or hinders
any person in the exercise or performance of their powers
under Part 17 or regulations under Part 17 of the Municipal
Government Act, is guilty of an offence.
6.2.2
A person who is guilty of an offence referred to in section
6.2.1 is liable upon summary conviction to the specified
penalty set out in Schedule B, or in the case of an offence for
which there is no specified penalty, to a fine of not less than
$150 and not more than $10,000 or to imprisonment for not
more than one year, or to both fine and imprisonment.
6.2.3
Where an Enforcement Officer reasonably believes that a
person has contravened any provision of this Land Use
Bylaw, the Enforcement Officer may, in addition to any other
remedy at law, serve upon the person a violation ticket, in
the form provided under the Provincial Offences Procedures
Act, allowing payment of the specified penalty for the
particular offence as provided in Schedule B of this Bylaw,
and the recording of such payment by the Provincial Court of
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Alberta shall constitute acceptance of a guilty plea and the
imposition of a fine in the amount of the specified penalty.
6.2.4
Where a person is convicted of a second, third or subsequent
offence under a particular section of this Bylaw, and where
that offence has occurred within 12 months after the date of
occurrence of the first offence under that section of this
Bylaw, the specified penalties applicable upon conviction for
such second, third or subsequent offence shall be the
amount set out in columns two and three, respectively, of
Schedule B.
6.2.5
This section shall not prevent any Enforcement Officer from
issuing a violation ticket requiring a court appearance of the
defendant, pursuant to the provisions of the Provincial
Offences Procedures Act, or from a laying of information in
lieu of issuing a violation ticket.
6.2.6
Where a person is found guilty of an offence under this
Bylaw, the court may in addition to any other penalty
imposed, order the person to comply with this Bylaw, or a
development permit or condition attached thereto.
6.2.7
Development Permit applications submitted after lot
preparation or construction has commenced may be subject
to double permit fees.
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PART 7
AMENDING THE LAND USE BYLAW
7.1
INITIATING AN AMENDMENT
7.1.1
The Council may, on its own initiative, amend this Bylaw.
7.1.2
Any person may apply to have this Bylaw amended, by
applying in writing to the Development Officer using the
prescribed form.
7.1.3
All applications for amendment shall be accompanied by:
(a)
A description of the amendment being requested;
(b)
Reasons supporting the proposed amendment;
(c)
If the application is for a change of Land Use District,
include the legal description or a drawing showing the
location and dimensions of the property to be changed;
(d)
The required application fee, the amount of which
shall be determined from time to time by resolution of
Council; but if the proposed amendment is adopted,
Council may determine that all or part of the fee be
refunded.
(e)
If applicable, a certificate of title for the land affected
by the proposed amendment, and a statement of the
applicant's interest in the land;
(f)
If applicable, drawings to scale, accurate, explicit and
complete; and
(g)
Any other information as required by the Development
Officer.
7.1.4
If the amendment is for a redesignation of land, the
Development Officer may require:
(a)
an outline plan for the area to be redesignated to the
level of detail specified by the Development Officer; and
(b)
payment of a fee equal to the costs incurred by the
Summer Village to review the proposed redesignation
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and related outline plan, or if necessary to prepare an
outline plan.
7.2
PROCESSING AN AMENDMENT
7.2.1
Upon receipt of an application for amendment to this Land
Use Bylaw, the Development Officer shall undertake an
analysis of the potential impacts of development that would
be allowed as a result of the proposed amendment. The
analysis shall be based on the full development potential of
the proposed amendment and not on the merits of any
particular development proposal. The analysis shall, among
other things, consider the following criteria:
(a)
Relationship to and compliance with approved
statutory plans and Council policies;
(b)
Relationship to and compliance with statutory plans or
outline plans in preparation;
(c)
Compatibility with surrounding development in terms
of land use function and scale of development;
(d)
Traffic impacts;
(e)
Relationship to, or impacts on, services such as water
and sewage systems, and other public utilities and
facilities such as recreation facilities and schools;
(f)
Relationship to municipal land, right-of-way or
easement requirements;
(g)
Effect on stability, retention and rehabilitation of
desirable existing uses, buildings, or both in the area;
(h)
Necessity and appropriateness of the proposed
amendment in view of the stated intentions of the
applicant; and
(i)
Relationship to the documented concerns and
opinions of area residents regarding development
implications.
7.2.2
Upon receipt of an application for an amendment to this
Land Use Bylaw, the Development Officer shall determine
when the application will be placed before the Council and
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shall issue not less than 7 days' notice to the applicant
advising that he may appear before the Council and speak to
the application. An application for an amendment must be
placed before the Council within 60 days of its receipt by the
Development Officer.
7.2.3
Following first reading of an amending bylaw, the Council
shall
(a)
establish the date, time and place for a public hearing
on the proposed Bylaw;
(b)
if a Bylaw to establish procedures for public hearings
has not been passed
i.
outline the procedures to be followed by any
person, group of persons or person representing
them who wish to be heard at the public
hearing, and
ii.
outline the procedure by which the public
hearing will be conducted.
7.2.4
Following first reading of an amending Bylaw, the
Development Officer must give notice of the public hearing
by,
(a)
publishing notice at least once a week for 2
consecutive weeks in at least one newspaper or other
publication circulating in the area to which the
proposed bylaw relates, and
(b)
if the amending bylaw proposes to change the district
designation of a parcel of land, mailing or delivering
notice to every owner of adjacent land in and around
the parcel or parcels to which the proposed bylaw
relates.
7.2.5
A notice of a public hearing must be advertised at least 5
days before the public hearing occurs.
7.2.6
A notice must contain:
(a)
a statement of the general purpose of the proposed
Bylaw and public hearing,
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(b)
the address where a copy of the proposed Bylaw and
any document relating to it or the public hearing may
be inspected,
(c)
the date, place and time where the public hearing will
be held.
7.2.7
In the case of an amendment to change the district
designation of a parcel of land, the Development Officer
must, in addition to the requirements of subsections 7.2.3
through 7.2.6,
(a)
include in the notice
i.
the municipal address, if any, and the legal
address of the parcel of land, and
ii.
a map showing the location of the parcel of land,
(b)
give written notice containing the information
described in clause (a) and subsection 7.2.3 to the
assessed owner of that parcel of land at the name and
address shown in the assessment roll of the
municipality, and
(c)
give written notice containing the information
described in clause (a) and subsection 7.2.3 to each
owner of adjacent land at the name and address
shown for each owner on the assessment roll of the
municipality.
7.2.8
If the land referred to in subsection 7.2.7(c) is in County of
Stettler No. 6, the written notice must be given to that
municipality and to each owner of adjacent land at the name
and address shown for each owner on the tax roll of County
of Stettler No.6.
7.2.9
All proposed amendments to the Land Use Bylaw shall be
referred to Camrose County, Lacombe County, County of
Stettler No. 6 and the Summer Village of White Sands, in
accordance with any approved Intermunicipal Development
Plan.
7.2.10
Council may refer the application for an amendment to this
Land Use Bylaw to such agencies as it considers necessary
for comment.
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7.2.11
Notwithstanding subsections 7.2.3 and 7.2.4, the Land Use
Bylaw may be amended without giving notice or holding a
public hearing if the amendment corrects clerical, technical,
and grammatical or typographical errors and does not
materially affect the Land Use Bylaw in principle or
substance.
7.2.12
In the public hearing, the Council
(a)
must hear any person, group of persons, or person
representing them, who claims to be affected by the
proposed bylaw and who has complied with the
procedures outlined by the Council, and
(b)
may hear any other person who wishes to make
representations and whom the Council agrees to hear,
and
(c)
shall read or circulate to all those in attendance, any
written representations received from any person, or
group of persons, who have complied with the
procedures outlined by Council and who are not in
attendance at the hearing.
7.2.13
After considering the representations made to it about the
proposed Bylaw at the public hearing and after considering
the Summer Village's statutory plans any other matter it
considers appropriate, the Council may
(a)
refer it for further information or comment,
(b)
pass the Bylaw,
(c)
make any amendment to the Bylaw it considers
necessary and proceed to pass it without further
advertisement or hearing, or
(d)
defeat the Bylaw.
7.2.14
Prior to third reading, the Council may require the applicant
to apply for a development permit or subdivision and
negotiate a development agreement in respect of the proposal
which initiated the amending Bylaw.
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7.2.15
After third reading of the amending Bylaw, the Development
Officer shall send a copy of it to
(a)
the applicant,
(b)
the registered owner of the land, if not the applicant,
and
(c)
County of Stettler No.6.
7.2.16
The Development Officer shall not accept an application for
an amendment which is identical or similar to an application
which was refused by the Council, for a period of 6 months
after the date of the refusal unless, in the opinion of the
Development Officer, the reasons for refusal have been
adequately addressed or the circumstances of the
application have changed significantly.
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PART 8
GENERAL REGULATIONS
8.1
APPLICABILITY
8.1.1
The following regulations apply to development in all
districts, unless otherwise specified. Where these regulations
may be in conflict with any land use district regulations, the
general regulations shall take precedence.
BUILDINGS
8.2
NUMBER OF MAIN BUILDINGS ON A LOT
8.2.1
Not more than one main building shall be placed on a parcel
except as follows:
(a)
In the Commercial District and Village Square District
more than one main building may be constructed on a
parcel provided this is done in such a manner that, if
there is future subdivision of the land, each building
would be situated on a separate parcel having its own
access and yards, all in compliance with this Land Use
Bylaw, or
(b)
The proposed buildings are intended to be developed
as a single, unified group of buildings.
8.2.2
The number of dwelling units permitted on a lot shall be
limited to one, except where:
(a)
a development permit is issued for a guest house and
complies with the following:
i.
the use conforms to the uses prescribed in Part 9
for the District in which the parcel is located; and
ii.
subject to Section 2.3, the development complies
with the provisions of this Bylaw.
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8.3
NON-CONFORMING BUILDINGS AND USES
8.3.1
A non-conforming use of land or building(s) 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(s) shall conform to the Land Use Bylaw then in
effect.
8.3.2
A non-conforming use of part of a building may be extended
throughout the building, but the building shall not be
enlarged or added to, and shall undergo no structural
alterations.
8.3.3
A non-conforming use of part of a lot shall not be extended
to any other part of the lot, and no additional buildings shall
be constructed while the non-conforming use continues.
8.3.4
A non-conforming building may continue to be used but the
building shall not be enlarged, added to, rebuilt or
structurally altered except:
(a)
as may be necessary to make it a conforming building;
or
(b)
as may be necessary for the routine maintenance of
the building; or
(c)
as may be required by statute or bylaw;
8.3.5
If a non-conforming building is damaged or destroyed to the
extent of 75 percent of its value, the building shall not be
rebuilt except in accordance with this Land Use Bylaw.
8.3.6
A change of ownership, tenancy or occupancy of land or a
building shall not be considered to affect its use.
8.4
BUILDING DEMOLITION
8.4.1
A development permit is required where the demolition of
one or more buildings or structures having a floor area
greater than 13.4 m2 (144 ft2) is proposed and will take place
in advance of obtaining approval for redevelopment of the
site or replacement of the buildings. This application shall be
processed as a permitted use in all Land Use Districts.
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8.4.2
Demolition of buildings greater than 13.4 m2 (144 ft2) shall
not be approved without a statement indicating:
(a)
how the demolition will be carried out;
(b)
how the parcel will be reclaimed; and,
(c)
Written confirmation of compliance with the Alberta
Occupational Health and Safety Code for removal of
any hazardous materials from the site.
8.4.3
Whenever a development permit is issued that involves the
demolition of a building, it shall be a condition of the permit
that:
(a)
the site be properly cleaned, with all debris removed;
(b)
the site is left in a graded condition that removes or
fills in excavations and is in accordance with the site
drainage requirements of this Land Use Bylaw; and
(c)
the applicant arranges for the safe disconnection of all
municipal and private utilities serving the building to
be demolished prior to demolition commencing.
8.5
BUILDING ORIENTATION AND DESIGN
8.5.1
The exterior finish on all buildings shall be of permanent
material satisfactory to the Development Authority.
8.5.2
The design, character, and appearance of any building,
structure, or sign proposed to be erected or located in any
District must be acceptable to the Development Authority
having due regard to:
(a)
Amenities such as daylight, sunlight and privacy;
(b)
Compatibility with the design and appearance of
existing development in the vicinity, including, but not
necessarily limited to, the facing materials, roof
pitches, eave depth, building mass and architectural
detailing; and
(c)
The buildings effect on adjacent parcels.
8.5.3
The height of buildings shall have regard to adjacent
properties and the effect on amenities such as privacy and
view corridors to Buffalo Lake. View corridors to Buffalo Lake
shall be maintained wherever possible to the satisfaction of
the Development Authority.
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8.6
RELOCATING BUILDINGS
8.6.1
The relocation of a building into or within the municipality
shall require a development permit.
8.6.2
The Development Authority may inspect the building to
determine its condition prior to issuing a development
permit.
8.7
MANUFACTURED HOMES
8.7.1
Manufactured homes shall meet or exceed Canadian
Standards Association (CSA) Z240 certification.
8.7.2
Manufactured homes shall be placed on a permanent
foundation consisting of a basement, crawl space or slab on
grade.
8.7.3
Manufactured Homes shall be no older than ten (10) years as
of the date of a completed development permit application for
their placement and shall be similar and consistent with the
character of the area.
8.7.4
The external appearance of a manufactured home shall be
acceptable to the Development Authority having regard to
compatibility with other buildings in the vicinity and shall
have:
(a)
a minimum roof pitch of 4:12 (rise:run);
(b)
a roof surface of wood or asphalt shingles, clay or
concrete tiles, slates or wood shakes, or metal roofing;
(c)
a minimum roof overhang or eaves of 0.40 m (1 ft)
from each external wall;
(d)
a maximum length to width ratio of 2.5:1;
(e)
a minimum width of 6.1 m (20ft) measured from
external wall surface to external wall surface; and
(f)
a minimum floor area that meets the minimum floor
area requirements of the applicable district.
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8.8
ACCESSORY BUILDINGS
8.8.1
Where a building is attached to the main building by a roof,
structure, floor or foundation, it shall be considered part of
the main building and not an accessory building.
8.8.2
No accessory buildings may be constructed on a lot until a
principal building has been constructed or a permit has been
issued authorizing the construction of a principal building.
8.8.3
The following regulations shall apply to all accessory
buildings:
General location on a lot
(a)
No accessory building shall be located in the 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 lakefront lot provided it does not
significantly restrict the view of the lake of other
property owners;
(b)
The siting of an accessory building on an irregularly
shaped parcel shall be as approved by the
Development Authority;
(c)
Accessory buildings shall be separated from the
principal building by a minimum of 1.5 m (5 ft);
Number of Accessory Buildings
(d)
The maximum number of accessory buildings on a lot
shall not exceed three (3);
Appearance
(e)
The exterior materials and colour scheme of all
accessory buildings shall directly relate to the
materials and colour scheme of the principal building
to the satisfaction of the Development Authority;
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Floor area
(f)
The exterior dimensions of any accessory building
shall not exceed:
i.
the ground floor area of the principal building; or
ii.
in the R1 District: 68 m2 (728 ft2);
Setbacks
(g)
In the case of corner lots, no accessory building shall
be located on the yard having street frontage within 6
m (19.7 ft) of the intersection of the streets, lanes or a
street and lane;
Side Yard
(h)
The minimum side yard shall be 0.9 m (3 ft) unless the
accessory building contains a guest house whereby the
required setback shall be 1.5 m (5 ft);
(i)
Where the vehicle entrance to a garage or carport faces
the side boundary of the lot the building shall be a
minimum of 6 m (19.6 ft) from the side boundary that
the vehicle entrance faces;
Rear Yard: Lakefront Lots
(j)
The following yard regulations shall apply as the rear
yard for lakefront lots:
i.
The minimum setback from the rear property
boundary shall be 0.9 m (3 ft); and
ii.
Where the vehicle entrance to a garage faces the
rear boundary of the lot and the rear boundary is
adjacent a street, the setback shall be a minimum
of 6 m (19.6 ft);
Front Yard: Back Lots
(k)
The minimum front yard for garages located on back
lots shall be 6.0 m (19.6 ft);
(l)
No other accessory buildings may be located in the
front yard of a back lot;
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Rear Yard: Back Lots
(m)
The minimum rear yard shall be 0.9 m (3 ft);
(n)
Notwithstanding (m), where the vehicle entrance to a
garage faces the rear boundary of the lot and the rear
boundary is adjacent a street, the setback shall be a
minimum of 6 m (19.6 ft);
Building Height
(o)
The height of all accessory buildings shall be
measured from the average grade adjacent the
building to the highest point of the structure, not
including extrusions, chimneys, aerials, etc.).
(p)
The height of an accessory building shall not exceed
4.9 m (16ft);
(q)
Notwithstanding (p), above, the height of an accessory
building containing a guest house located on the
second level shall not exceed:
i.
6.1 m (20 ft) for buildings with a sloped roof; or
ii.
5.5 m (18 ft) for buildings with a flat roof; and
iii.
the height of the principal building.
8.9
GUEST HOUSES
8.9.1
General Purpose
The purpose of guest houses is to provide an option, which would allow
landowners to construct an accessory building that contains additional
sleeping accommodation. Any person that sleeps in a guesthouse at
night shall still use the principal dwelling for cooking, eating and
socializing. Guest houses shall not be used as independent revenue
generating dwellings either as short-term rentals (e.g. tourist homes) or
long-term rentals. Guest houses are a discretionary use subject to the
regulations herein.
8.9.2
Only one guest house may be constructed on a lot.
8.9.3
Any accessory building containing sleeping accommodation
is deemed to be a guest house and where such
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accommodation exists, a development permit is required and
no free-standing guest house may be constructed on the lot.
8.9.4
In addition to the requirements of Section 3.3 an application
to construct a guest house shall include a plan showing:
(a)
Location and total floor area dedicated for a guest
house;
(b)
Location and dimensions of bedrooms, windows and, if
included, washrooms;
(c)
Location on the lot and area to be dedicated for the
required additional parking; and
(d)
Access to the guest house.
8.9.5
A guest house shall not be constructed prior to construction
of the principal dwelling unit on a lot.
8.9.6
A guest house shall only be located in the rear yard of the
lot.
8.9.7
In addition to the required setbacks for accessory buildings,
a guest house, or an accessory building incorporating a
guest house, shall adhere to the following:
(a)
Minimum side yard: 1.5 m (5 ft);
(b)
Back Lots: no closer to the front yard property
boundary than the principal dwelling
8.9.8
The maximum floor area of a standalone guest house, or the
portion of an accessory building available for use as a guest
house shall not exceed 40% of the total ground floor area of
the principal dwelling on the lot;
8.9.9
A guest house located at ground level shall not be more than
4.9 m (16 ft) in height;
8.9.10
The height of a guest house situated above a garage shall not
exceed:
(a)
6.1 m (20 ft) for buildings with a sloped roof; or
(b)
5.5 m (18 ft) for buildings with a flat roof; and
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(c)
the height of the principal building.
8.9.11
In addition to the parking stalls required for the principal
dwelling a guest house shall require provision of additional
parking stalls as follows:
(a) Guest houses with a floor area less than or equal to 53.5
m2 (576 ft2) - 1 stall; or
(b) Guest houses with a floor area greater than 53.5 m2 (576
ft2) - 2 stalls
8.9.12
Tandem parking may be permitted in order to meet the
required number of parking stalls.
8.9.13
The exterior materials and colour scheme of a guest house
shall match the principal dwelling to the satisfaction of the
Development Authority.
8.9.14
A guest house shall not be rented or leased except to a
person who is concurrently renting or leasing the principal
dwelling.
8.9.15
The windows of a guest house shall be oriented towards the
front or rear property boundaries in order to respect the
privacy of adjacent landowners.
8.10 TEMPORARY BUILDINGS
8.10.1
A temporary building is considered an accessory building
therefore its floor area will be included in the calculation of
maximum lot coverage where required and they shall
comply with the following:
(a)
there shall be no more than one temporary building
per lot;
(b)
Notwithstanding the minimum side yard requirement
for accessory buildings, temporary buildings shall be
setback no less than 1.5 m (5 ft) from the side property
line; and
(c)
The building shall be maintained in a neat and sturdy
manner with no visible defects.
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8.10.2
A Sea Can may be approved by the Development Authority
for placement on a lot where a development permit for
construction of a principal building has been issued, and
where the sea can is removed immediately following
completion of the development or expiry of the development
permit, whichever is sooner.
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YARDS
8.11 YARDS
The figures below depict the lot orientation for Backlot and Lakefront Lot
properties, as well as the relative locations of each of the required yards based
on the lot orientation.
Figure 1: Backlot
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Figure 2: Lakefront Lots
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8.12 PROJECTIONS OVER YARDS
8.12.1
Building projections constructed on foundation walls and
footings shall be deemed to be part of the building and shall
not be considered a projection over a yard.
8.12.2
Subject to the requirements of the Alberta Building Code, the
following features may project into any yard required by the
Land Use Bylaw:
Feature
Yard in Which
Projection is
Permitted
Maximum Permitted
Projection into the
Minimum Required Yard
Eaves, chimney
Front Yards
Rear Yards
Side Yards
1.5 m (4.9 ft.)
3.0 m (9.8 ft.)
75 cm (2.46 ft.)
Unenclosed steps,
exterior staircases and
ramps
Front and Rear Yards
Side Yards
2.4 m (7.8 ft.)
75 cm (2 .46ft.)
Bay or Box window
Front Yards
Rear Yards
Side Yards
1.5 m (4.9 ft.)
3.0 m (9.8 ft.)
75 cm (2.46 ft.)
Unenclosed verandas,
attached greenhouse,
porches, balconies,
terraces, patios or decks
Front Yards
Rear Yards
Side Yards
1.5 m (4.9 ft.)
3.0 m (9.8 ft.)
75 cm (2.46 ft.)
Cantilevered wall sections
with a width less than 2.5
m (8 ft.)
Front Yards
Rear Yards
Side Yards
1.5 m (4.9 ft.)
3.0 m (9.8 ft.)
75 cm (2.46 ft.)
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8.13 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
8.13.1
In addition to the regulations herein, landowners should
refer to the Unsightly Premises Bylaw for additional
information regarding regulations and penalties.
8.13.2
No person shall keep or permit any of the following on any
part of a lot in any residential District:
(a)
a motorized vehicle which is in a dilapidated or
unsightly condition, or a derelict vehicle to remain or
be parked on a parcel in a Residential District, unless
it is suitably housed or screened to the satisfaction of
the Development Authority; or
(b)
any object or chattel which, in the opinion of the
Development Authority, is unsafe, unsightly or
adversely affects the amenities of the district. This
includes dismantled or wrecked motor vehicles, and
any excavation, stockpiling or storage of materials,
non-operational appliances, explosives, flammable
liquids, toxic chemicals, and diesel fuel and gasoline
products etc.
8.13.3
Trailers used for carrying boats, snowmobiles, quads or
utility trailers or tent trailers in their stowed position may be
located on a lot provided:
(a)
they do not encroach upon the minimum area required
to meet the parking requirements for the lot;
(b)
they are located a minimum of 0.9 m (3 ft) from any
property boundary; and
(c)
they are stored neatly and the trailer(s) and its
contents are not dilapidated or unsightly, in the
opinion of the designated officer and/or the
Development Authority.
8.13.4
No vehicles related to a commercial or industrial business
shall be visible in a yard, with the exception of one vehicle
weighing less than 6305 kg (14,000 lbs.)
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8.14 FENCES AND SCREENING
8.14.1
No fence or other screening device shall be higher than:
(a)
2.0 m (6.6 ft) in rear yards;
(b)
2.0 m (6.6 ft) in side yards, except on corner lots where
it shall not be higher than 0.9 m (3 ft) in the side yard
having frontage on a street;
(c)
0.9 m (3 ft) in front yards; and
(d)
0.9 m (3 ft) within 6 m (19.6 ft) of the intersection of
lanes, street, or a lane and a street.
8.14.2
Notwithstanding section 8.12.1, the Development Authority
may approve a higher fence having regard to the location of
fences in the surrounding area and the requirement for
screening.
8.14.3
Electric and barbed wire fences shall not be permitted except
on land abutting on farmland, and these shall require a
development permit.
8.15 RETAINING WALLS
8.15.1
Retaining walls shall:
(a)
respect overland drainage patterns established for the
lot at the time the lot was created;
(b) maintain positive overland drainage on all portions of
the site;
(c)
not divert overland drainage onto adjacent properties;
(d) not be located within a right-of-way or easement
intended for overland drainage that the Summer Village
of Rochon Sands is party to; and
(e)
maintain a minimum horizontal separation of 1.0m (3
ft.) between retaining walls on a parcel.
8.15.2
An application for development for a retaining wall that is
greater than 1.0 m (3 ft.) in height or a series of retaining
walls of any height, shall require the submission of a report
prepared and sealed by a qualified, registered Professional
Engineer, entitled to practice in the Province of Alberta,
indicating that the structural and geotechnical design of the
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retaining wall(s) is suitable for the site, conditions and
intended purpose of the retaining wall(s).
8.16 RESTRICTIONS ON CORNER LOTS
8.16.1
Notwithstanding any other provisions of this Bylaw, no
person shall place or maintain in or upon that portion of a
parcel within a 6 m (19.7ft) sight triangle, a wall, fence,
shrub, hedge, tree or other object or structure if such object
or structure interferes with or obstructs the view of the
driver of any vehicle using the streets abutting such lot.
Figure 3: Sight Triangle
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VEHICLES
8.17 PARKING AND ACCESS
8.17.1
Parking spaces shall be provided onsite in accordance with
the following table:
Use of Building or Lot
Minimum Number of Parking Spaces
Residential Uses
Residential Detached Dwelling
2 per dwelling unit
Guest House
Guest houses with a floor area less
than or equal to 53.5 m2 (576 ft2) - 1
stall;
Guest houses with a floor area greater
than 53.5 m2 (576 ft2) - 2 stalls
Bed and Breakfast
1 space per guest room in addition to
the requirement for the principal
building
Commercial Uses
Retail sales
A minimum of five (5) stalls plus two
(2) stalls for every additional 92.9 m2
(1,000 ft2) beyond the first 185.8 m2
(2,000 ft2) of gross floor space
Restaurant
1 stall per 4 seats
Other uses
As determined by the Development
Authority
8.17.2
Each required parking space shall have minimum
dimensions of 2.75 m (9 ft) by 5.5 m (18 ft).
8.17.3
Parking spaces shall be located on the same parcel as the
building for which they are being provided; however, at the
discretion of the Development Authority, parking may be
located on adjoining property provided that a restrictive
covenant, restricting the use of the property for parking only,
is registered against its title.
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8.18 RECREATION VEHICLES
8.18.1
General Purpose
Recreation vehicles are recognized as being a common feature within a
Summer Village so that families and friends can come together to enjoy
each other's company. The regulations below are written so that their
presence does not overwhelm a property in terms of lot coverage,
required parking, or affect the ability of adjacent property owners to
enjoy the use of their property. This is in keeping with the vision for the
Summer Village expressed in section 1.2 of this Bylaw.
8.18.2
One (1) recreation vehicle may be parked for any length of
time on a lot provided:
(a)
where a principal building exists on the lot:
i.
the vehicle is setback at least 0.9 m (3 ft) from the
side property boundary of the lot; and
ii.
the vehicle is not located in the front yard of a
lakefront lot;
(b)
where no principal building exists on the lot:
i.
the vehicle shall be located on the lot such that it
meets the setback requirements for a principal
building on the lot;
(c)
the vehicle and, if applicable, the associated towing
vehicle are parked entirely within the boundaries of
the lot and do not encroach upon the area required to
meet the parking requirement for the lot as stated in
section 8.17 - Parking and Access; and
(d)
when the vehicle is in use as overnight
accommodation, provisions are made, to the
satisfaction of the Development Authority, for the
disposal of sewage.
8.18.3
A second recreation vehicle may be located on a lot and used
for temporary living and sleeping accommodation provided:
(a)
the second vehicle only being located on the lot and/or
used for temporary living and sleeping accommodation
for a maximum period of 30 days per year;
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(b)
the recreation vehicle being setback at least 0.9 m (3
ft) from the side property boundary of the lot;
(c)
the recreation vehicle and, if applicable, the associated
towing vehicle are parked entirely within the
boundaries of the lot and do not to encroach upon the
area required to meet the parking requirement for the
lot as stated in section 8.15; and
(d)
provisions are made, to the satisfaction of the
Development Authority, for the disposal of sewage
8.18.4
At the discretion of the Development Authority, more than
two (2) recreation vehicles may be located on a lot and used
for temporary living and sleeping accommodation provided:
(a)
a permit is obtained from the Development Authority
that specifies the total number and length of time that
the recreation vehicles are to be located on the lot
with such time period not to exceed five (5) days;
(b)
the recreation vehicles are setback at least 0.9 m (3 ft)
from the side property boundary of the lot; and
(c)
the owner of the lot provides a site plan, to the
satisfaction of the Development Authority, indicating
how the recreation vehicles and all associated towing
vehicles will be accommodated entirely within the
boundaries of the lot without encroaching upon the
area required to meet the parking requirement for the
lot as stated in section 8.17.
8.18.5
During construction of a principal building on a lot, a
maximum of two recreation vehicles may be parked on the
lot and used as a temporary accommodation for longer than
30 days provided:
(a)
a valid development permit exists for construction of a
principal building on the lot and construction has not
been completed or the permit has not expired,
whichever is sooner;
(b)
the vehicle(s) are setback at least 0.9 m (3 ft) from the
side property boundary of the lot;
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(c)
the vehicle(s) and, if applicable, the associated towing
vehicle(s) are parked entirely within the boundaries of
the lot and do not encroach upon the area required to
meet the parking requirement for the lot as stated in
section 8.17; and
(d)
provisions are made, to the satisfaction of the
Development Authority, for the disposal of sewage.
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MISCELLANEOUS
8.19 SUB-STANDARD LOTS
8.19.1
Development on existing substandard lots is permitted,
subject to section 2.3, provided the applicant complies with
the applicable regulations regarding water supply and
sewage disposal and this Bylaw.
8.20 LOT CONDITIONS
8.20.1
To the maximum extent possible, existing trees and shrubs
shall be retained on the lot. Landscaping of a lot shall be
carried out by the end of the first full growing season
following completion of the development.
8.20.2
Where clearing of trees and shrubs is undertaken the parcel
shall be graded to ensure that water does not drain onto
adjoining property, a roadway or into the lake.
8.20.3
Garbage shall be kept in weatherproof and animal proof
containers, screened from adjacent lots and public
thoroughfares.
8.20.4
All detached dwellings, guest houses, manufactured homes,
accessory buildings, unenclosed verandas, porches and
balconies erected or placed on a parcel shall be designed and
sited such that, in the opinion of the Development Authority,
the development will not cause any material loss of privacy,
sunlight or daylight enjoyed by the users of adjacent
buildings and parcels.
8.21 DEVELOPMENT ON OR NEAR SLOPES
8.21.1
Where an application is for development on lands that
contain slopes exceeding 15% slope angle over a minimum
horizontal distance of 10 metres, or may be subject to
subsidence, the Development Officer may require the
applicant to demonstrate, by means of an engineering report
bearing the seal and signature of a professional engineer
registered in the Province of Alberta, that preventative
engineering and construction measures can be instituted to
ensure suitability of the development to the site.
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8.21.2
The detailed engineering report shall conclude by the
registered Professional Engineer certifying that the
foundations proposed for the development were designed
with full knowledge of the soil conditions and the proposed
siting of the development upon the subject lot.
8.21.3
Further to subsection 8.21.2, the Development Officer may
require that the entire development site and all foundations
on the site be designed by a professional engineer registered
in the Province of Alberta.
8.21.4
The Development Officer may require the submission of a
detailed engineering report as outlined in subsection 8.21.1
with an application for a development permit at any location
within the Summer Village which in the opinion of the
Development Officer may be impacted by slope instability or
other geotechnical hazards.
8.21.5
The Development Officer, having required a detailed
engineering report of the geotechnical engineering
conditions, may apply conditions to the approval of the
development permit to minimize slope instability or other
geotechnical hazards.
8.22 ENVIRONMENTAL PRESERVATION AND ENHANCEMENT
8.22.1
The Development Authority shall be satisfied with the
design, siting, finish, and architectural appearance of all
buildings having regard for the amenities and character of
existing development in the municipality, and that the
landscaping of the lot causes minimal environmental
disruption.
8.23 SANITARY FACILITIES
8.23.1
Every development shall install a Private Sewage Disposal
System approved by the safety codes agency contracted by
the municipality.
8.23.2
New developments should locate their sanitary facilities
having regard to the potential for a future requirement to
connect to a regional or communal wastewater line.
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8.23.3
After March 1, 2001, no owner of a parcel of land shall have,
permit or allow an outdoor privy or any other system for the
disposal of sewage or waste water that is not in compliance
with the Alberta Private Sewage Systems Standard of
Practice.
8.23.4
Only self-contained, private, individual wastewater disposal
systems or a communal wastewater collection system using
closed, sealed holding tank(s) are allowed.
8.24 OUTDOOR HOT TUBS
8.24.1
Outdoor hot tubs shall not be located within 1.5 m (5 ft) of
any side yard.
8.24.2
Outdoor hot tubs shall be secured against entry by the
public other than owners, tenants, or their guests.
8.25 HOME OCCUPATIONS
8.25.1
A home occupation shall be clearly incidental to the
residential use of a lot and shall not change or disrupt the
residential character of the municipality.
8.25.2
All permits for home occupation shall be reviewed annually.
The Development Authority may revoke a permit if it is
determined that the use is or has become detrimental to the
residential character of the municipality.
8.25.3
Home occupations are limited to those uses which:
(a)
Do not have customers visit the premises where the
home occupation operates;
(b)
Employ only residents of the lot;
(c)
do not create or become a public nuisance or
contravene the municipal Noise Abatement Bylaw;
(d)
are not visible from outside the building;
(e)
require no outside storage of materials, goods, or
equipment with the exception of one vehicle weighing
less than 6305 kg (14,000 lbs.); and
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(f)
do not display advertising other than permitted under
section 8.26 - Signs.
8.26 SIGNS
8.26.1
No sign or advertisement of a commercial, directional or
informative nature shall be placed on land or affixed to any
exterior surface of any building or structure unless an
Application for this purpose has been approved and a
Development Permit issued.
8.26.2
Notwithstanding Section 8.24.1, the following signs may be
placed on land or affixed to the exterior surface of a building
or structure without Application for a Development Permit
provided that such signs are not illuminated and permission
from the landowner(s) has been received
Type of Sign
Restrictions
Miscellaneous Signs
Signs not to exceed 0.55 m2 (6 ft2).
In the case of Home Occupations, the
sign shall not exceed 0.37 m2 (4 ft2)
Signs to be displayed as a means of
identification, direction or warning;
Signs advertising the fact that a
person, partnership, or company is
carrying on a profession at the
premises
Temporary Signs
Signs
advertising
that
land
or
premises are for sale or lease;
Signs may not exceed 0.55 m2 (6 ft2)
and must be removed by the
advertiser within 15 days of
completion of the event or works to
which the advertisements relate
Signs relating to the carrying out of
building, engineering or construction
works; and
Signs intended to advertise any local
event
being
held
for
charitable
purposes, which may be religious,
educational, cultural, political, social
or recreational, but not for any
commercial purpose
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Functional Signs
Signs needed by public bodies such as
the municipality, local authorities and
utility companies to give information
or directions about the services they
provide
No size restrictions.
Maximum height of top of sign: 2.4 m
(8 ft)
8.26.3
No sign or advertisement shall obstruct the view or be liable
to be confused with any traffic sign or signal, or otherwise
pose a potential hazard to traffic.
8.26.4
The Development Authority may, by resolution of Council,
require the removal or renovation of any sign that is not kept
in a safe, clean and tidy condition.
8.27 MUNICIPALLY OWNED LANDS
8.27.1
Private development on municipal reserve or environmental
reserve land is strictly prohibited.
8.27.2
Private development on municipally-owned land including
road allowances is strictly prohibited.
8.27.3
The cutting and/or removal of trees or underbrush from
municipally-owned land is strictly prohibited, unless written
permission is received from Council.
8.27.4
The temporary placement of any structure, object or
materials on municipally owned land is prohibited unless
prior written permission is received from Council in
accordance with the municipal Shoreline Management Plan.
8.28 DEVELOPMENT IN PROXIMITY TO OIL & GAS WELLS
8.28.1
In accordance with the Subdivision and Development
Regulation, no building shall be constructed within 100 m
(328 ft) of the well head of a gas or oil well, unless, in the
opinion of the Development Authority, may be considered an
infill development or is otherwise approved in writing by the
Energy Resources Conservation Board (ERCB).
8.29 SETBACKS FROM LANDFILLS AND WASTE SITES
8.29.1
In accordance with the Subdivision and Development
Regulation:
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(a)
a school, hospital, food establishment or residence
must not be approved and a residence must not be
constructed if the building site is within the distances
from a sanitary landfill, modified sanitary landfill,
hazardous waste management facility, dry waste site,
waste processing site, waste storage site, waste sorting
station or waste transfer station specified in the
Subdivision and Development Regulations; and
(b)
a sanitary landfill, modified sanitary landfill, dry waste
site, hazardous waste management facility, waste
processing site, waste storage site, waste sorting
station or waste transfer station must not be approved
within the distances from the property boundary of a
school, hospital, residence, or food establishment
specified in the Subdivision and Development
Regulations;
unless the development is approved in writing by the Deputy
Minister of Alberta Environment and Parks.
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PART 9
LAND USE DISTRICTS AND REGULATIONS
9.1
ESTABLISHMENT OF LAND USE DISTRICTS
9.1.1
The Summer Village of Rochon Sands has the following Land
Use Districts:
R1
Residential District
CR
Country Residential District
CRL
Country Residential Large Lot District
VSQ
Village Square District
C
Commercial District
POS
Public Open Space District
RD
Reserved For Future Development District
9.1.2
The boundaries of the Districts listed in subsection 9.1.1 are as
delineated on the Land Use District Map being Schedule A
attached hereto. All roads, water courses, and lakes are
excepted from the Land Use Districts.
9.1.3
Where the location of District boundaries on the Land Use
District Map is not clearly understood, the following rules
shall apply:
(a)
A boundary shown as approximately following a parcel
boundary shall be deemed to follow the parcel
boundary;
(b)
A boundary which does not follow a parcel boundary
shall be located by measurement off the Land Use
District Map; and
(c)
A boundary location which cannot be resolved shall be
referred to Council for an official interpretation.
Council's interpretation shall be final.
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9.2
RESIDENTIAL DISTRICT (R1)
9.2.1
General Purpose
The purpose of this district is to provide for low density residential
development in the form of detached dwellings and compatible uses,
herein listed, which are serviced by private water and septic systems
9.2.2
Permitted Uses
- Accessory buildings and uses
- Detached dwellings less than or equal to 185 m2 (2000
ft2) in ground floor area
9.2.3
Discretionary Uses
- Bed and breakfast establishments
- Detached dwellings greater than 185 m2 (2000 ft2) in
ground floor area
- Guest houses
- Home occupations
- Manufactured homes
- Public buildings
- Public uses
- Parks and playgrounds
9.2.4
Regulations
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply:
Lot Size
(a)
Minimum Lot Width - 30.48 m (100 ft)
(b)
Minimum Lot Area - 1858 m2 (20,000 ft2)
(c)
Notwithstanding (a) and (b) above, lots listed in the
table below shall adhere to the following:
i.
Minimum Lot Width - 15.2 m (50 ft)
ii.
Minimum Lot Area - 650 m2 (7,000 ft2)
Lot
Block
Plan
34
1
992 6670
35
1
992 6670
36
1
992 6670
37
1
992 6670
38
1
992 6670
39
1
992 6670
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Building Height
(d)
The principal building shall not be higher than 7.3 m
(24 ft), measured from the average grade to the highest
point of the structure, not including extrusions
(chimneys, aerials, etc.).
Yard Requirements
(e)
The minimum setbacks from property boundaries for
the principal building shall be:
Front yard - 10% of lot length, minimum 7.6 m (25 ft)
Side yard - 10% of lot width, minimum 1.5 m (5 ft)
Rear yard - 10% of lot length, minimum 7.6 m (25 ft)
The siting principal building on irregular shaped lots shall be
approved by the Development Authority.
Lot Coverage
(f)
The principal building and accessory buildings
combined shall not cover more than 50% of the lot,
excluding patios and sundecks.
Floor Area
(g)
The minimum floor area of detached dwellings shall be
55.7 m2 (600 ft2).
Other Requirements
(h)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
(i)
All uses must also comply with the regulations in Part
8.
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9.3
COUNTRY RESIDENTIAL DISTRICT (CR)
9.3.1
General Purpose
The purpose of this district is to provide for low density residential
development in the form of detached dwellings and compatible uses,
herein listed, which are connected to a communal water and sanitary
sewer system. The keeping of livestock, as defined by the Livestock
and Livestock Products Act, as amended, is not permitted in this
district.
9.3.2
Permitted Uses
-
Accessory buildings and uses
-
Detached dwellings
9.3.3
Discretionary Uses
-
Bed and Breakfast Establishments
-
Guest house
-
Home occupations
-
Public buildings
-
Public uses
-
Parks and playgrounds
9.3.4
Regulations:
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply:
Lot Size
(a)
Minimum: 0.405 ha (1 ac)
Maximum: 1.214 ha (3 ac)
Building Height
(b)
7.3 m (24 ft) measured from the average grade to the
highest point of the structure, not including extrusions
(chimneys, aerials, etc.)
Yard Requirements
(c)
The minimum setbacks from property boundaries for
the principal buildings shall be:
Front Yard:
a minimum of 7.6 m (25 ft)
Side Yard:
a minimum of 7.6 m (25 ft)
Rear Yard:
a minimum of 7.6 m (25 ft)
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Lot Coverage
(d)
Principal buildings and accessory buildings combined
shall not cover more than 30% of the lot, excluding
patios and sundecks.
Floor Area
(e)
The minimum floor area of detached dwellings shall be
83.6 m² (900 ft2).
Other Requirements
(f)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
(g)
All uses must also comply with the regulations in Part
8.
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9.4
COUNTRY RESIDENTIAL LARGE LOT DISTRICT (CRL)
9.4.1
General Purpose
The purpose of this district is to provide for low density residential
development in the form of detached dwellings and compatible uses,
herein listed, which are connected to a communal water and sanitary
sewer system. The keeping of livestock, as defined by the Livestock
and Livestock Products Act, as amended, is not permitted in this
district.
9.4.2
Permitted Uses
- Accessory buildings and uses
- Detached dwelling
9.4.3
Discretionary Uses
- Bed and Breakfast Establishments
- Guest houses
- Home occupations
- Public buildings
- Public uses
- Parks and playgrounds
9.4.4
Regulations:
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply
Lot Size
(a)
Minimum: 1.2 ha (3 ac)
Maximum: 4.0 ha (10 ac)
Building Height
(b)
7.3 m (24 ft) measured from the average grade the
highest point of the structure, not including extrusions
(chimneys, aerials, etc.)
Yard Requirements
(c)
The minimum setbacks from property boundaries for
the principal buildings shall be:
Front Yard:
a minimum of 7.6 m (25 ft)
Side Yard:
a minimum of 7.6 m (25 ft)
Rear Yard:
a minimum of 7.6 m (25 ft)
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Lot Coverage
(d)
Principal buildings and accessory buildings combined
shall not cover more than 30% of the lot, excluding
patios and sundecks.
Floor Area
(e)
The minimum floor area of detached dwellings shall be
83.6 m² (900 ft2).
Other Requirements
(f)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
(g)
All uses must also comply with the regulations in Part
8.
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9.5
VILLAGE SQUARE DISTRICT (VSQ)
9.5.1
General Purpose
The purpose of this district is to provide an area for development of
publicly owned cultural, institutional and recreational uses while
accommodating private development that is complimentary in nature
to the public uses.
9.5.2
Permitted Uses
- Accessory buildings and uses
- Parks and playgrounds
- Public buildings
- Public uses
9.5.3
Discretionary Uses
- Restaurants
- Retail sales up to 185 m2
9.5.4
Regulations
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply:
Lot Size
(a)
All of the land contained in the existing certificate of
title, unless otherwise approved by the Development
Authority having regard to the intended use of the
smaller parcel and the general purpose of the district.
Building Height
(b)
7.3 m (24 ft) measured from the average grade to the
highest point of the structure, not including extrusions
(chimneys, aerials, etc.)
Yard Requirements
(c)
The minimum setbacks from property boundaries for
the principal building shall be:
Front Yard:
a minimum of 7.6 m (25 ft)
Side Yard:
a minimum of 3.0 m (9.8 ft)
Rear Yard:
a minimum of 7.6 m (25 ft)
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Lot Coverage
(d)
The principal building and accessory buildings
combined shall not cover more than 40% of the lot.
Landscaping
(e)
A minimum of 25% of the lot shall be landscaped
(f)
Landscaping and buffering from adjacent non-
commercial uses shall be to the satisfaction of the
Development Authority
Parking
(g)
Parking shall be provided in accordance with section
8.15
(h)
Total parking requirements are an aggregate of
approved uses
(i)
Parking stalls shall be a minimum of 2.75 m X 5.5 m
(9 ft. X 18 ft.) and there shall be sufficient
maneuvering spaces for each stall to the satisfaction of
the Development Authority
Other Requirements
(j)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
(k)
All uses must also comply with the regulations in Part
8.
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9.6
COMMERCIAL DISTRICT (C)
9.6.1
General Purpose
The purpose of this district is to provide for attractive commercial
development that is compatible with surrounding residential uses and
which provides goods and services to residents of and visitors to the
summer village and surrounding area. .
9.6.2
Permitted Uses
- Accessory buildings and uses
- Restaurant
- Retail sales, up to 185.8 m² (2,000 ft2)
9.6.3
Discretionary Uses
- Gas bar
- Home occupation
- Public uses
- One residence for the owner / operator of a
commercial operation
- Retail sales over 185.8 m² (2000 ft2)
9.6.4
Regulations:
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply:
Lot Size
(a)
Minimum: 0.4 ha (1 ac)
Maximum: 0.8 ha (2 ac)
Building Height
(b)
7.3 m (24 ft) measured from the average grade to the
highest point of the structure, not including extrusions
(chimneys, aerials, etc.)
Yard Requirements
(c)
The minimum setbacks from property boundaries for
the principal building shall be:
Front Yard:
a minimum of 7.6 m (25 ft)
Side Yard:
a minimum of 3.0 m (9.8 ft)
Rear Yard:
a minimum of 7.6 m (25 ft)
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Lot Coverage
(d)
The principal building and accessory buildings
combined shall not cover more than 40% of the lot.
Landscaping
(e)
A minimum of 25% of the lot shall be landscaped
(f)
Landscaping and buffering from adjacent non-
commercial uses shall be to the satisfaction of the
Development Authority
Parking
(g)
Parking shall be provided in accordance with section
8.15
(h)
Total parking requirements are an aggregate of
approved uses
(i)
Parking stalls shall be a minimum of 2.75 m X 5.5 m
(9 ft. X 18 ft.) and there shall be sufficient
maneuvering spaces for each stall to the satisfaction of
the Development Authority
Other Requirements
(j)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
(k)
All uses must also comply with the regulations in Part
8.
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9.7
PUBLIC OPEN SPACE DISTRICT (POS)
9.7.1
General Purpose
The purpose of this district is to preserve and protect the
environment while providing areas of public recreation access to the
shoreline.
9.7.2
Permitted Uses
- Parks and playgrounds
- Public uses
9.7.3
Discretionary Use
- Small scale commercial uses approved by Council that
support the recreational nature of the district and
existing uses.
9.7.4
Regulations
In addition to the general land use regulations contained in Part 8 of
this Bylaw, the following requirements shall apply:
(a)
All development standards, including building height,
yards and setback requirements, as determined by the
Development Authority.
(b)
Public development in this district is strictly limited to
the maintenance, improvement, or replacement of
existing public structures and facilities.
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9.8
RESERVED FOR FUTURE DEVELOPMENT DISTRICT (RD)
9.8.1
General Purpose
To reserve land for future subdivision and development until an area
structure or outline plan has been prepared for and approved by
Council. Uses should not negatively impact or impede future urban
subdivision and/or development
9.8.2
Permitted Uses
- Existing uses
9.8.3
Discretionary Uses
- Accessory buildings and uses which will not, in the
opinion of the Development Authority materially alter
the use of the land from that existing at the time of
the enactment of this Bylaw.
9.8.4
Other Requirements:
(a)
The general land use regulations contained in Part 8 of
this Bylaw shall apply to any development in this
district.
(b)
No construction or development that includes
structural, electrical, plumbing, or gas installations
may be commenced until the necessary permits from
the Summer Village's accredited agency have been
obtained.
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PART 10 DEFINITIONS
In this Land Use Bylaw,
ACCESSORY BUILDINGS OR USE - means a building or use which is
subordinate, incidental and directly related to the principal use of the
premises, building or lot and which does not substantially add to the
patronage, volume of traffic, or intensity of the use of the premises, building or
lot. For the purpose of this Bylaw, accessory buildings include, but are not
restricted to tool sheds, garden shed, boathouses, garages, teepees, carports,
and privies;
ACT - means the Municipal Government Act, Chapter M26.1 as amended;
ADJACENT LANDOWNERS - means owners of land that is contiguous to the
parcel of land that is the subject of the an application; and includes owners of
land that would be contiguous except for a public roadway, railway, rail or
utility right-of-way, river or stream;
APPEAL BOARD - means a Subdivision and Development Appeal Board
established in accordance with Section 627 of the Municipal Government Act;
AVERAGE GRADE - means the finished ground level around a building that is
used for determining allowable building height. It is calculated as follows:
Step 1: For each building face the average grade is calculated by taking
the lowest point of finished grade at the building face and the highest
point of finished grade at the building face and dividing by two (2).
Step 2: The average grade for each building face, calculated in Step 1, is
added together and divided by the number of building faces.
Step 3: The allowable building height is added to the average grade,
calculated in Step 2, for all building faces to determine the maximum
allowable height.
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BACK LOT - means any lot in the municipality that does not have a boundary
that is adjacent the lake or a buffer strip of municipal reserve or environmental
reserve that is located along the lakeshore;
BED AND BREAKFAST - means a detached dwelling occupied by the property
owner or the bed and breakfast host as a primary residence in which overnight
accommodation and a breakfast meal are offered to registered guests for a fee;
BOATHOUSE - means an accessory building designed and used primarily for
the storage of boats;
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;
BUILDING DEMOLITION - means the pulling down, tearing down or razing of a
building;
BUILDING ENVELOPE - means that area of a lot, the boundaries of which are
determined by setback requirements, where construction of a principal
building and/or accessory building is permitted;
BUILDING HEIGHT - means the vertical distance between the average grade
immediately adjacent to a building, to the highest point of a building, excluding
chimneys, skylights, ventilation fans, flagpole, antenna or similar devices or
features which are not structurally essential to the building;
CAMPGROUND - means a commercial development of a parcel or part thereof
on which tents or recreation vehicles may be located on sites to provide
overnight or short term accommodation;
CANNABIS - means cannabis plant, fresh cannabis, dried cannabis, cannabis
oil and cannabis plant seeds and any other substance defined as cannabis in
the Cannabis Act (Canada) and its regulations, as amended from time to time,
and includes edible products that contain cannabis;
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CANNABIS ACCESSORY - means a thing, including but not limited to, rolling
paper or wraps, holders, pipes, water pipes, bongs and vaporizers, or any other
thing described in the Cannabis Act (Canada) that is used in the consumption
or production of cannabis;
CANNABIS LOUNGES - means an establishment where the primary purpose of
the facility is the sale of cannabis and cannabis accessories to the public, for
consumption of cannabis within the premises that is authorized by provincial
or federal legislation. This use does not include Cannabis Production and
Distribution;
CANNABIS PRODUCTION AND DISTRIBUTION - means an establishment used
principally for one or more of the following activities as it relates to Cannabis:
(a)
The production, cultivation, and growth of Cannabis;
(b)
The processing of raw materials;
(c)
The making, testing, manufacturing, assembling or in any way
altering the chemical or physical properties of semi-finished or
finished goods and products;
(d)
The storage or transshipping of materials, goods and products; or
(e)
The distribution and sale of materials, goods and products to
Cannabis Retail Sales stores or to individual customers;
CANNABIS RETAIL SALES - means an establishment used for the retail sale of
cannabis and cannabis accessories that is authorized by provincial or federal
legislation. This use does not include Cannabis Production and Distribution.
CARPORT - means an accessory building or part of the principal building
consisting of a roofed enclosure used for the storage of motor vehicles, with at
least 40% of the total perimeter open and unobstructed;
CAVEAT - means a formal notice expressing an interest in a parcel registered
against the title to that parcel;
CORNER LOT - means a lot at the intersection of and abutting two or more
streets;
COUNCIL - means the Council of the Summer Village of Rochon Sands;
DECK - means an uncovered, unenclosed platform that is intended for use as
an outdoor amenity space;
DETACHED DWELLING - means a residential building containing only one
dwelling unit, which is not attached to any other residential building but shall
not include a manufactured home;
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DEVELOPMENT - means
(a)
an excavation or stockpile and the creation of either of them, or,
(b)
a building or an addition to, or replacement or repair of a building
and the construction or placing in, on, over or under land or any of
them, or
(c)
a change of use of land or a building or an act done in relation to
land or 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;
DEVELOPMENT AGREEMENT - means a written agreement between the
municipality and a developer which establishes particular circumstances and
conditions under which a development may be carried out;
DEVELOPMENT AUTHORITY - means the person or persons appointed
pursuant to Development Authority Bylaw;
DEVELOPMENT OFFICER - means a person delegated to fulfill the role of the
Development Officer pursuant to this Bylaw;
DEVELOPMENT PERMIT - means a document authorizing a development
issued pursuant to this Bylaw;
DILAPIDATED VEHICLE - means any vehicle that is subject to any two of the
following items as listed below:
(a)
not used on a regular basis;
(b)
does not have a validated license plate attached to it;
(c)
is lacking one or more major parts (i.e., fenders, hoods, etc.)
(d)
is lacking one or more of its power train parts (i.e. Motor,
transmission, differential, etc.)
DISCRETIONARY USE - means a use of land or a building referred to as a
discretionary use on the Land Use Districts of this Land Use Bylaw which may
be compatible with other uses in the District and for which, subject to the
provisions of this Land Use Bylaw, a development permit may be issued with or
without conditions;
DISTRICT - means a Land Use District;
DRIVEWAY - means a vehicle access route between the carriageway of a road
and a use on a lot;
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DWELLING UNIT - means a complete building or self-contained portion of a
building for the use of one or more individuals living as a single housekeeping
unit, containing sleeping, cooking and separate toilet facilities intended as a
residence and having an independent entrance either directly from the outside
of the building or through a common area inside the building;
ENCROACHMENT - means any obstruction or intrusion extending from a
property onto an adjoining public right-of-way or onto adjoining land;
ENCROACHMENT AGREEMENT - means a written agreement between the
municipality and a property owner which establishes particular circumstances
and conditions under which a use or building on the property may incorporate
the use of adjoining land owned or controlled by the municipality or a written
agreement between two property owners which establishes particular
circumstances and conditions under which a use or building on one property
may incorporate the use of adjoining land owned or controlled by a different
property owner;
ENFORCEMENT OFFICER - means a person delegated to enforce any or all of
the provisions of the Land Use Bylaw;
EXCAVATION - means any breaking of ground, except common household
gardening and ground care;
FENCE - means a vertical, physical barrier constructed to provide aesthetic
decoration, visual screening, sound abatement, or to prevent unauthorized
access;
FLOOR AREA - means for residential buildings, the total area of all floors in a
building measured from the outside of exterior walls including a basement,
enclosed porches, decks, and attached garages, but excluding floor areas of
cellars, sheds, or carports;
FRONT LOT BOUNDARY - means,
(a)
in the case of a back lot, the boundary which abuts a street, or in
the case of a corner lot, means the shorter of the two boundaries
which abut a street,
(b)
in the case of a lakefront lot, the boundary which abuts Buffalo
Lake or a municipal reserve or environmental reserve lot located
along the lake;
FRONT YARD - means that portion of the lot extending across the full width of
the lot from the front property boundary of the lot to the front wall of the main
building situated on the lot;
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GARAGE - means an accessory building or a part of the main building,
designed and used primarily for the storage of motor vehicles.
GAS BAR - means an establishment which has one or more pump islands for
the sale of gasoline or diesel fuel, but does not include facilities for the
servicing or repair of motor vehicles;
GRADE - means the ground elevation established for the purpose of regulating
the height of a building. The building grade shall be the finished ground
elevation adjacent the walls of the building if the finished grade is level. If the
ground is not entirely level the grade shall be determined by averaging the
finished ground elevation for each face of the building.
GUEST HOUSE - means a permanent building which has sleeping
accommodation and may have a bathroom, but does not have kitchen or other
cooking facilities, which provides overflow accommodation for a detached
dwelling located on the same lot;
HOME OCCUPATION - means an occupation conducted within a building on a
residential lot, which is clearly secondary to the residential use of the lot and is
undetectable from outside the building. This does not include such uses as
cannabis retail sales or cannabis production and distribution;
INTERIOR LOT - means a parcel abutting only one street other than a lane;
LAKEFRONT LOT - means a lot which faces onto Buffalo Lake and has any
part of its frontage directly onto Buffalo Lake or onto a buffer strip of municipal
reserve or environmental reserve that is located along the lakeshore;
LANDSCAPING - means the modification and enhancement of a lot or site
through the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs,
hedges, grass and other similar ground cover, or
(b) hard landscaping consisting of materials such as brick, stone,
concrete, tile, wood or other similar materials, or
(c) a combination of natural landscaping and hard landscaping, but
does not include walkways or sidewalks deemed integral to
building access;
LANE - means a registered public roadway which provides alternate access to a
lot;
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LOT - means
(a)
a quarter section
(b)
a river, lake or settlement lot shown on an official plan, as defined
in the Surveys Act, that is filed in the Land Titles Office; or
(c)
a part of a parcel where boundaries are described in a certificate of
title;
LOT COVERAGE - means the area of a lot covered by principal buildings and
accessory buildings excluding decks;
LOT WIDTH - means the distance between the side lot boundaries connecting
points located at the minimum required front yard measured along each side
lot boundary;
MAIN OR PRINCIPAL BUILDING - means a building which, in the opinion of
the Development Officer or the Municipal Planning Commission,
(a)
occupies the major or central portion of a lot,
(b)
is the chief or principal building among one or more buildings on
the lot, or
(c)
constitutes by reason of its use the primary purpose for which the
lot is used.
There shall be no more than one main or principal building on each lot
unless specifically permitted otherwise in this Land Use Bylaw;
MAIN OR PRINCIPAL USE - means the primary purpose in the opinion of the
Development Officer or the Municipal Planning Commission for which a
building or lot is used. There shall be no more than one main use on each lot
unless specifically permitted otherwise in this Land Use Bylaw;
MANUFACTURED HOME - means a residential building containing one
dwelling unit built in an off-site factory environment in one or more sections
and intended to be occupied in a place other than where it was manufactured;
MAY - means the action is not obligatory;
MUNICIPAL PLANNING COMMISSION - means a Municipal Planning
Commission established by Council pursuant to Section 28 of the Municipal
Government Act;
MUNICIPALITY - means the Summer Village of Rochon Sands;
NON-COMPLIANT BUILDING OR USE - means a building or use of land or a
building that was constructed or commenced after the date that a land use
bylaw affecting the building or land becomes effective and the building or use
does not comply with the Land Use Bylaw;
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NON-CONFORMING BUILDING - means a building,
(a)
that is lawfully constructed or lawfully under construction at the
date a land use bylaw affecting the building or the land on which
the building is situated becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not, or
when constructed will not, comply with the Land Use Bylaw;
NON-CONFORMING USE - means a lawful specific use,
(a)
being made of land or a building or intended to be made of a
building lawfully under construction at the date a land use bylaw
affecting the land or building becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not, or
in the case of a building under construction will not, comply with
the Land Use Bylaw;
ORDER - means a notice requiring compliance with this Bylaw issued in
writing by the Development Authority;
OWNER - means the person who is registered under the Land Titles Act as the
owner of the fee simple estate in the land and, in respect of any property other
than land, the person in lawful possession of it;
PARKS AND PLAYGROUNDS - means areas of public land known for their
natural scenery and/or preservation for public recreation either active or
passive;
PATIO - means a hard surface created by laying cement, bricks, tiles or blocks
directly on to the ground;
PERMANENT FOUNDATION - means
(a)
a foundation meeting CSA Z240.10.1 standard, or
(b)
an engineer approved wood foundation, or
(c)
a poured concrete basement, or
(d)
a concrete block foundation;
PERMITTED USE - means the use of land or a building referred to as a
permitted use in the Districts of this Land Use Bylaw and for which a
development permit shall be issued, with or without conditions, where the use
meets the applicable provisions of this Land Use Bylaw;
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PRIVATE SEWAGE DISPOSAL SYSTEM - means on-site wastewater treatment
systems as defined in the Alberta Private Sewage Systems Standard of Practice
2015, for the treatment and disposal of wastewater that is not connected to a
municipal wastewater utility system;
PUBLIC BUILDING - means a building which is used for public administration
and services and includes uses such as assembly, instruction recreation,
culture and community activities;
PUBLIC USE - means a development which is publicly owned, supported or
subsidized involving public assembly or use. Public uses typically may include
such uses as publicly funded schools, parks, libraries, arenas, museums, art
galleries, hospitals, tennis courts, swimming pools and other indoor and
outdoor recreational facilities;
PUBLIC UTILITY - means systems or facilities for the:
(a)
production and distribution of electricity;
(b)
distribution of natural gas or oil;
(c)
storage, transmission, treatment, distribution or supply of water;
(d)
collection, treatment, movement or disposal of sewage;
(e)
provision of telephone services that are owned or operated by a
utility company, the municipality, or the crown;
REAR LOT BOUNDARY - means the registered boundary or boundaries of a lot
which is or are opposite the front lot boundary;
REAR YARD - means a yard extending across the full width of a parcel from
the rear wall of the main building situated on the parcel to the rear property
boundary of the parcel;
RECREATION VEHICLE - means a vehicle, or portable structure designed to be
carried on a vehicle, providing temporary sleeping accommodation for travel
and recreation purposes. Recreation vehicles include but are not limited to:
motor homes, fifth wheels, campers, tent trailers when not in their stowed
position, and holiday trailers. Recreation vehicles do not include manufactured
homes;
RESTAURANT - means an establishment for the preparation and/or sale of
food for consumption on the premises and may include takeout food service,
but does not include cannabis lounges;
RETAIL SALES - means the sale of merchandise such as convenience goods,
groceries, snacks and soft drinks, camping and recreation supplies and
includes the indoor storage of merchandise in quantities limited to the needs of
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the outlet, but does not include such uses as cannabis retail sales or cannabis
production and distribution;
ROAD - means land;
(a)
shown as a road on a plan of survey that has been filed or
registered in a Land Titles Office, or
(b)
used as a public road and includes a bridge forming part of a
public road and any other structure incidental to a public road,
but does not include a highway;
SCREEN - means a fence, berm, hedge, wall or building used to separate areas
or functions which detract from the appearance of the street scene and the
view from the surrounding areas;
SEA CAN - Steel transportable storage container, used for temporary dry
storage and shipping of goods;
SETBACK - means the distance that a development, or a portion of it, must be
set away from a property line, measured from the outer extremity of the
development;
SHALL - means the action is obligatory;
SIDE LOT BOUNDARY - means the registered boundary or boundaries of a lot
which is or are not considered a front lot boundary or a rear lot boundary;
SIDE YARD - means that portion of the lot extending from the front yard to the
rear yard and lying between the side property boundary of the lot and the
nearest part of the main building;
SIGN - means an object or device intended to advertise or call attention to any
person, place, thing or event;
STREET - means any category of road except a lane;
STRUCTURAL ALTERATION - means any change to the roof, foundation or
exterior walls of a structure that results in the expansion of the useable floor
area of a structure or reduces existing setback distances;
SUBDIVISION APPROVING AUTHORITY - means the person or authority
empowered to approve a subdivision;
SUBDIVISION AND DEVELOPMENT APPEAL BOARD - means the board
established pursuant to the Municipal Government Act;
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SUBDIVISION AND DEVELOPMENT REGULATION - means the Subdivision
and Development Regulation (AR 43/2002), as amended;
SUBSTANDARD LOT - means a lot created by legal subdivision prior to this
Bylaw coming into effect which is smaller than the minimum permitted lot size
a specified in this Bylaw;
TANDEM PARKING - means two parking spaces, one behind the other, with
one point of access to the maneuvering aisle;
TEMPORARY BUILDING - means an enclosed structure without any foundation
or footings and which is removed when the designated time, activity or use for
which the temporary structure was erected has ceased;
WALKWAY - means a public right-of-way for pedestrian use only, which is
registered as a walkway or as a reserve;
YARD - means an area of open space on a site which is required to be
unoccupied and unobstructed by any structure or a portion of a structure
above grade of the graded lot unless otherwise permitted in this Land Use
Bylaw;
All other words and expressions shall have the meaning respectfully assigned
to them in Part 17 of the Municipal Government Act and the Subdivision and
Development Regulation.
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SCHEDULE A - LAND USE DISTRICT MAP
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Schedule B - Specified Penalties for Offences
Description of Offence
First
Offence
Second
Offence
Third or
Subsequent
Offence
Sections 1.2 and 1.3
Commence development without a
permit
$1,000.00
$2,500.00
$10,000.00
Section 8.8
Accessory building in
contravention of this Bylaw
$150.00
$250.00
$500.00
Section 8.9
Guest House in contravention of
this Bylaw
$500.00
$1,000.00
$5,000.00
Section 8.10
Temporary buildings in
contravention of this Bylaw
$150.00
$250.00
$500.00
Section 8.13
Breach of restrictions on objects
prohibited or restricted in yards
$150.00
$250.00
$500.00
Section 8.18
Recreational vehicles in
contravention of this Bylaw
$150.00
$250.00
$500.00