Bylaw 232-2010 Land Use Bylaw (Updated March 2017)
Ross Haven, Alberta
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Summer Village of Ross Haven
Land Use Bylaw
i
Summer Village of Ross Haven
Bylaw 232-10
UPDATED March 2017
April, 2010
Summer Village of Ross Haven
Land Use Bylaw
i
Contents
PART 1:
GENERAL .................................................................................................................................................. 4
Section 1
Title .............................................................................................................. 4
Section 2
Scope ........................................................................................................... 4
Section 3
Purpose ........................................................................................................ 4
Section 4
Relationship to the Municipal Government Act .............................................. 4
Section 5
Metric and Imperial Measurements ............................................................... 4
Section 6
Previous Municipal Bylaws ........................................................................... 5
Section 7
Effective Date ............................................................................................... 5
Section 8
Establishment of General Conditions ............................................................ 5
Section 9
Other Legislative and Bylaw Requirements................................................... 5
Section 10
Definitions ..................................................................................................... 5
PART 2:
DEVELOPMENT CONTROL AGENCIES ................................................................................................ 16
Section 11
Establishment of a Development Officer ..................................................... 16
Section 12
Subdivision Officer ...................................................................................... 16
Section 13
Subdivision and Development Appeal Board .............................................. 16
PART 3:
DEVELOPMENT CONTROL ................................................................................................................... 17
Section 14
Control of Development .............................................................................. 17
Section 15
Where a Development Permit is Not Required ............................................ 17
Section 16
Non-Conforming Buildings and Uses .......................................................... 18
Section 17
Application for Development Permit ............................................................ 18
Section 18
Decisions on Development Permit Applications .......................................... 19
Section 19
Notice of Proposed Development ............................................................... 21
Section 20
Notice of Decision ....................................................................................... 22
Section 21
Effective Date of Permit .............................................................................. 22
Section 22
Validity of Development Permits ................................................................. 23
Section 23
Deemed Refusals ....................................................................................... 23
Section 24
Subsequent Applications ............................................................................ 23
Section 25
Suspension or Cancellation of Development Permits .................................. 23
Section 26
Developer's Responsibility .......................................................................... 24
PART 4:
SUBDIVISION OF LAND ......................................................................................................................... 26
Section 27
Control of Subdivision ................................................................................. 26
Section 28
Subdivision Fees ........................................................................................ 26
PART 5:
AMENDMENT AND ENFORCEMENT ..................................................................................................... 27
Section 29
Development Appeals and Procedures ....................................................... 27
Section 30
Subdivision Appeals and Procedures.......................................................... 27
Section 31
Application to Amend Bylaw ....................................................................... 27
PART 6:
CONTRAVENTION, PENALTIES AND FINES ........................................................................................ 30
Section 32
Contravention ............................................................................................. 30
Section 33
Offenses and Penalties ............................................................................... 30
PART 7:
GENERAL REGULATIONS ..................................................................................................................... 32
Summer Village of Ross Haven
Land Use Bylaw
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Section 34
On-Parcel and Off-Parcel Services and Improvements ............................... 32
Section 35
Utility Easements ........................................................................................ 32
Section 36
Parcel Grading ............................................................................................ 32
Section 37
Building Appearance and Building Exteriors ............................................... 32
Section 38
Mobile Homes ............................................................................................. 32
Section 39
Corner and Double Fronting Sides .............................................................. 32
Section 40
Dwelling Units on a Parcel .......................................................................... 33
Section 41
Building Attached to Principal Buildings ...................................................... 33
Section 42
Relocation of Existing Buildings Within the Boundaries of the
Summer Village of Ross Haven .................................................................. 33
Section 43
Garages and Accessory Buildings .............................................................. 33
Section 44
Accessory Uses .......................................................................................... 35
Section 45
Home Occupations ..................................................................................... 35
Section 46
Development on Lands Containing a High-Water Table ............................. 36
Section 47
Flood Prone Lands ..................................................................................... 36
Section 48
Environmentally Sensitive Lands ................................................................ 37
Section 49
Sewage Disposal ........................................................................................ 37
Section 50
Water Supply .............................................................................................. 38
Section 51
Development of Hazardous Lands .............................................................. 39
Section 52
Building Demolition ..................................................................................... 39
Section 53
Off-Street Parking Development Regulations .............................................. 39
Section 54
Number of Off-Street Parking Stalls Required ............................................. 40
Section 55
Fences and Screening ................................................................................ 41
Section 56
Non Conforming Uses ................................................................................ 41
Section 57
Prohibited Structures .................................................................................. 42
Section 58
Temporary Living Accommodation .............................................................. 42
Section 59
Landscaping ............................................................................................... 42
Section 60
Signs .......................................................................................................... 42
PART 8:
ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS .................................................... 44
Section 61
Land Use Districts....................................................................................... 44
Section 62
Land Use District Map ................................................................................ 44
Section 63
R - Residential District ............................................................................... 44
Section 64
P - Park and Recreation District ................................................................. 46
Section 65
SP - Semi-Public District ............................................................................ 47
SCHEDULE A - LAND USE BYLAW MAP ................................................................................................................ 47
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Land Use Bylaw
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BYLAW NO. 232-10
Being a Bylaw of the Summer Village of Ross Haven, in the Province of Alberta.
WHEREAS the Municipal Government Act, R.S.A. 2000, c M-26 and any amendments thereto,
mandates the Council of a municipality to enact a bylaw to regulate the use and development of
land and buildings.
In this Bylaw, the words imparting the singular shall include the plural and words imparting the
masculine shall include the feminine or neuter forms or corporations, or vice versa, save where
the context otherwise requires.
Therefore the Municipal Council repeals the Summer Village of Ross Haven Land Use Bylaw No.
176 and all amendments thereto, on the date of the final passing of this Bylaw, March 9, 2010,
enacts as follows (including all Schedules):
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PART 1:
GENERAL
Section 1
Title
This Bylaw may be referred to as "The Summer Village of Ross Haven Land Use Bylaw."
Section 2
Scope
No subdivision or development shall hereafter be carried out within the boundaries of the Summer
Village of Ross Haven except in conformity with the provisions of this Bylaw.
Section 3
Purpose
The purpose of this Bylaw is to, amongst other things:
(1)
to divide the municipality into districts;
(2)
to prescribe and regulate the use(s) for each district;
(3)
to establish the office of Development Officer;
(4)
to establish the Subdivision Officer;
(5)
to establish a method of making decisions on applications for development permits and the
issuance of development permits;
(6)
to provide the manner in which notice of the issuance of a development permit is to be
given;
(7)
to establish a method for making decisions on applications for subdivision approval in
accordance with the Municipal Government Act and its regulations;
(8)
to implement the policies of the statutory plans of the Summer Village of Ross Haven;
(9)
to establish supplementary regulations governing certain specific land uses; and
(10)
to establish the procedures for making amendments to this Bylaw.
Section 4
Relationship to the Municipal Government Act
This Summer Village of Ross Haven Land Use Bylaw has been prepared and adopted in
accordance with the provision of the Act, its regulations, and amendments thereto.
Section 5
Metric and Imperial Measurements
The imperial equivalents provided in parentheses after reference to metric units of measurement
are approximate and intended for information only.
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Section 6
Previous Municipal Bylaws
No provisions of any other Bylaws with respect to zoning, development control and land use
classifications shall hereafter apply to any part of the Summer Village described in this Bylaw,
subject to the transitional provisions of this Bylaw.
Section 7
Effective Date
The effective date of this Bylaw shall be the date of the third reading thereof.
Section 8
Establishment of General Conditions
General conditions shall be set forth in Part I of "General Conditions" and the same may be
amended in the similar manner as any other part or section of this Bylaw.
Section 9
Other Legislative and Bylaw Requirements
Nothing in this Bylaw affects the duty or obligation of a person to obtain a development permit as
required by this Bylaw, or to obtain any other permit, license or other authorization required by any
Bylaw, or Act or any regulation pursuant to those Acts.
Section 10 Definitions
In this Bylaw:
"ACCESSORY BUILDING" - means a building which is normally subordinate to, and the use of
which is incidental to that of, a principal building and which includes such buildings as a garage,
storage shed and guesthouse. This structure can be up to 1 ½ storeys in height with a maximum
height of 22'. This height can exceed the height of the principal residence. If a garage is 1½
storeys in height it can include sleeping accommodation only over the garage and shall not
include cooking facilities or a kitchen
Bylaw 253-13.
Accessory Building - means a building incidental and subordinate to the principal dwelling
and which includes such buildings as a garage, shed or guesthouse. The height of the
accessory building shall not exceed 6.7M (22ft) or exceed the height of the principal
dwelling, measured from grade to the highest point of the peak of the roof. An accessory
building can include sleeping accommodation over a garage, and shall not include cooking
facilities.
Bylaw 263-16
"ACCESSORY BUILDING, LAKESHORE" - means an accessory building or structure located
immediately adjacent to a lakeshore or lake tributary or within the actual waterbody proper, and
includes but is not limited to a boathouse;
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"ACCESSORY USE" - means a use of a building or land which is normally incidental to and
subordinate to the principal use of the parcel on which it is located;
"ACT" - means THE MUNICIPAL GOVERNMENT ACT, as amended, and the regulations
pursuant thereto;
"ADJACENT LAND" - means land that is contiguous to the parcel of land in question and
includes;
(a)
land that would be contiguous if not for a highway, road, river or stream, and
(b)
any other land identified in the Land Use Bylaw as adjacent land for the purpose of
notification.
"AREA STRUCTURE PLAN" - means a plan adopted by the Council as an area structure plan
pursuant to the Municipal Government Act;
"APPEAL BOARD" - means a Subdivision and Development Appeal Board appointed pursuant to
the Act;
"BED AND BREAKFAST" - means the use of part of a residential dwelling for overnight
commercial accommodation where breakfast is usually served as part of the accommodating
service. A bed and breakfast is a home occupation for the purpose of this bylaw;
"BOATHOUSE" - means an accessory building designed and used primarily for the storage of
boats and which is designed in such a way as to permit the direct removal of boats from the water
to the structure;
"BUFFER" - means a row of trees, shrubs, berming, or fencing to provide visual screening and
separation between sites and incompatible land uses;
"BUILDING" - means anything constructed or placed on, in, over, or under land, but does not
include a highway or public roadway or related developments;
"BUILDING HEIGHT" - means the vertical distance between grade and the highest point of a
building; excluding an elevator housing, a mechanical housing, a roof stairway entrance, a
ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, a parapet wall, a
flagpole or similar device not structurally essential to the building;
"CANOPY" - means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun;
"CARPORT" - means a roofed structure used for storing or parking of not more than two private
vehicles which has not less than 40% of its total perimeter open and unobstructed;
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"CHATTEL" - means a moveable item of personal property;
"CORNER" - means the intersection of any two property lines of a parcel;
"COUNCIL" - means the Council of the Summer Village of Ross Haven;
"DECK" - means a hard surfaced (usually wooden) area usually adjoining a dwelling unit; more
than 0.6 m (1.97 ft) high above grade, for outdoor living;
"DESIGNATED OFFICER" - means a person authorized to exercise development authority
powers on behalf of the municipality pursuant to the provision of the Municipal Government Act
and this Bylaw;
"DEVELOPABLE AREA" - means an area of land suitable for a building parcel and containing
adequate surface elevation to preclude marshland, wetland, or groundwater inundation or high
groundwater table conditions;
"DEVELOPER" - means an owner, agent or any person, firm or company required to obtain or
having obtained a development permit;
"DEVELOPMENT" - means development as defined in the Act, and includes the following:
(a)
The carrying out of any construction or excavation, or other operations, in, on, over
or under land, or the making of any change in the use or the intensity of use of any
land, buildings or premises, and without restricting the generality of the foregoing,
includes the removal of topsoil. For the purposes of this Bylaw, development also
means the demolition of a building,
(b)
In a building or on a parcel used for dwelling purposes, any increase in the number
of families occupying and living in the building or on the parcel, and any alteration or
additions which provide for an increase in the number of dwelling units within the
building or on the parcel,
(c)
The placing of refuse or waste material on any land,
(d)
The resumption of the use to which land or buildings have been previously put,
(e)
The use of the land for the storage or repair of motor vehicles or other machinery or
equipment,
(f)
The continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw is enacted,
(g)
The installation of any type of sewage disposal system including but not limited to
holding tanks, and
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(h)
The digging of a well or installation of a water cistern;
"DEVELOPMENT AUTHORITY" - means the Development Officer as designated by bylaw;
"DEVELOPMENT OFFICER" - means the person(s) appointed as Development Officer in
accordance with the Development Authority Bylaw;
"DEVELOPMENT PERMIT" - means a certificate or document permitting a specified development
and includes, where applicable, a plan or drawing or a set of plans or drawings, specifications or
other documents. This permit is separate and distinct from a building permit;
"DISCONTINUED" - means the time at which, in the opinion of the Development Officer,
substantial construction activity or nonconforming use, or conforming use has ceased;
"DISCRETIONARY USE" - means a use of land or buildings provided for in the District
Regulations of the Bylaw, for which a development permit may or may not be issued with or
without conditions;
"DOUBLE FRONTING PARCEL" - means a parcel bounded by two or more streets on opposite
ends; is not a corner parcel;
"DWELLING" - means any building used principally for human habitation and which is supported
on a permanent foundation extending below ground level, and includes single family dwellings, but
does not include mobile homes or temporary mobile living accommodations such as holiday
trailers;
"DWELLING UNIT" - means a self-contained structure with sleeping, washroom and cooking
facilities, intended for domestic use, and used or intended to be used permanently or semi-
permanently as a residence for a single household;
"EASEMENT" - means a right to use land, generally for access to other property or as a right-of-
way for a public utility;
"EXCAVATION" - means any breaking of ground, except common household gardening and
ground care;
"FENCE" - means a vertical physical barrier constructed to prevent visual intrusion or
unauthorized access or sound abatement;
"FLOOR AREA" - means the greatest horizontal area of a building above grade within the outside
surface of exterior walls or within the glass line of exterior walls and the centre-line of fire walls
encompassing all levels of the structure;
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"FLOODPLAIN" - means the highest elevation of the level of floodwaters occurring in the 1:100
flood event, as established from time-to-time by Alberta Environment;
"FOUNDATION" - means the lower portion of a building, usually concrete or masonry, and
includes the footings and pilings which transfer the weight of and loads on a building to the
ground;
"FRONTAGE" - means the lineal distance measured along the front parcel line;
"GARAGE" - means an accessory building or part of the principal building, designed and used
primarily for the storage of motor vehicles; sleeping accommodation only is permitted over a
garage
"GRADE" - means the ground elevation established for the purpose of regulating the number of
storeys and the height of a building. The building grade shall be the level adjacent to the walls of
the building if the finished grade is level. If the ground is not entirely level the grade shall be
determined by averaging the elevation of the ground for each face of the building;
"GUEST HOUSE" - means an accessory building used for seasonal or part-time sleeping
accommodation with bathroom facilities and not containing such facilities as a kitchen, living room
or recreation room. A guest house does not mean a recreational vehicle, or a converted mobile
home. A guest house shall not be used as a rental accommodation;
"HIGH GROUNDWATER TABLE" - means a water table level measuring less than 1.5 m (5.0 ft)
from the ground surface, or as otherwise determined by the Development Officer;
"HOME OCCUPATION" - means the accessory use of a dwelling by a resident of that dwelling
for a business which is conducted within the dwelling, does not employ persons who are not
resident within the dwelling, and is undetectable from outside the dwelling;
"LAKEFRONT DWELLINGS" - Means those lakefront dwellings or lots, as the case may be,
described by municipal address as follows - Bylaw 253-13
101, 102, 103, 104 - 1st Street
210, 211, 212, 213, 214 - 2nd Street
311, 312, 313, 314, 315, 316 - 3rd Street
409, 410, 4111, 412, 413, 414, 415, 416, 417, 418 4th Street
508, 509, 510, 511, 512, 513, 514, - 5th Street
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606, 607, 608, 609, 610, - 6th Street
706, 707, 708, 709, 710, 711, 712, 713, 714, - 7th Street
808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821- 8th Street
959, 960, 961, 962, 963 - 9th Street
1091, 1092, 1093 - 10th Street
"LANDSCAPING" - means to preserve or change the natural features of a parcel by adding
lawns, trees, shrubs, ornamental plantings, fencing, walks, or other structures and materials as
used in modern landscape architecture but does not include changes in grade, stockpiling and
excavation;
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which does not exceed
10.0 m (33.0 ft) and is not less than 6.0 m (20.0 ft) wide, and which provides a secondary means
of access to a parcel or parcels;
"LOT" - means a parcel of land, the boundaries of which are separately described in a certificate
of title, which may or may not be shown on a registered plan of subdivision;
"MINOR" - means where added as a prefix to a permitted or discretionary use, a use which due to
its nature or relatively small size will, at the discretion of the Development Officer, have a limited
impact on surrounding uses, or which is intended to serve a small or local rather than a major or
municipal area;
"MOBILE HOME" - means a building or structure, whether ordinarily equipped with wheels or not,
that is constructed or manufactured in one or two parts with each part being moved from one point
to another and put together on parcel to form a single unit and which provides completely self-
contained, year-round residential accommodation and meets the requirements for a residence
under the Canadian Standards Association. A mobile home is not a Single Detached Dwelling;
"MODULAR HOME" - means a dwelling which is prefabricated or factory built, and which is
assembled on the parcel in sections, but such sections or units have neither chassis, running
gear, nor its own wheels, and the sections may be stacked side-by-side or vertically. A modular
home is a Single Detached Dwelling;
"MUNICIPAL DEVELOPMENT PLAN" - means the Summer Village of Ross Haven Municipal
Development Plan;
"MUNICIPALITY" - means the Summer Village of Ross Haven;
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"NON-CONFORMING BUILDING OR USE" - means a building or use which is regarded as non-
conforming in accordance with the provisions of the Act;
"OCCUPANCY" - means the use or intended use of a building or part thereof for the shelter or
support of persons or property;
Outdoor Outhouse means a building which is used as a toilet which is connected to a
sewage disposal system, such as a holding tank.
Bylaw 253-13
"OUTDOOR STORAGE - MINOR "- means the accessory storage of equipment, goods, and
materials in the open air where such storage of goods and materials does not involve the use of
permanent structures or the material alteration of the existing state of the land;
"PARCEL" - means the aggregate of the one or more areas of land described in a Certificate of
Title or described in a Certificate of Title by reference to a plan filed or registered in a Land Titles
Office;
"PARCEL AREA" - means the total area of a parcel;
"PARCEL BOUNDARIES" - means the property boundaries which bound the parcel as
determined by the Development Officer;
"PARCEL, CORNER" - means a parcel at the intersection of two abutting streets;
"PARCEL COVERAGE" - means, in the case of a residential building or structure, the combined
area of all buildings on the parcel, measured at the level of the lowest storey above grade, and in
the case of a non-residential building or structure, the combined area of all buildings or structures
upon the lot, measured at the level of the lowest storey above grade, including in both cases,
square footage of all levels, all porches and verandas, open or covered but excluding open and
enclosed terraces at grade, steps, cornices, eaves, and similar projections; such area shall include
air wells, and all other space within a building except inner and outer courts;
"PARCEL DEPTH" - means the average horizontal distance between the front and rear parcel
boundaries;
"PARCEL, INTERIOR" - means a parcel which is bounded by only one street;
"PARCEL, LAKEFRONT" - means a parcel adjacent to a lakeshore excluding any existing park
or reserve land, public roadways or public utility lots;
"PARCEL WIDTH" - means the distance between the side property lines of a parcel at the
minimum permissible front yard, measured parallel to the road or to the tangent on a curved road;
However must not exceed an average of 45 meters (147.63 ft) Bylaw 253-13
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"PARK OR PLAYGROUND" - means an area of land that is used for recreation purposes and
may include such facilities as playground equipment;
"PARKING FACILITY" - means the area set aside for the storage and parking of vehicles and
includes parking stalls, loading spaces, aisles, entrances and exits to the area, and traffic islands
where they are part of the parking facility;
"PARKING STALL" - means a hard surfaced space set aside for the parking of one vehicle;
"PERMITTED USE" - means the use of land or building provided for in the District Regulations of
this Bylaw for which a development permit shall be issued with or without conditions upon
application having been made which conforms to the Land Use Bylaw;
Pit Toilet - means an outbuilding which is used as a toilet and uses an open ground pit for
excrement discharge
Bylaw 253-13
"PRINCIPAL BUILDING OR USE" - means the primary building or use for which the site is
ordinarily used. Garages, lofts, boathouses and similar building or uses on lots which have a
developed and usable residence shall not be regarded as a primary building or use in residential
land use districts. There can only be one principal building or use on a single lot;
"PUBLIC PARK" - means an active or passive public recreation area together with any accessory
buildings or uses complimentary to the said recreational purpose;
"PUBLIC ROAD" - means land used or surveyed for use as a public highway, bridge, internal
subdivision roads, lanes, and any structure;
"PUBLIC USE" - means a building or use of land by any government agency, not for profit
organization, or utility for the express purpose of providing public services to the community.
Examples include: administration buildings, parks, playgrounds, walk trail systems, museums,
and sewage lift stations;
"PUBLIC UTILITY BUILDING" means a building to house a public utility, its office or equipment;
"PUBLIC WORKS BUILDING" - means any building, structure, facility, yard or complex used by
the municipality to facilitate the performance of, or storage with respect to, the maintenance and
care of public infrastructure;
"RECREATIONAL VEHICLE" - means a portable structure intended as temporary
accommodation for travel, vacation, or recreational use. Such structures may include but not be
limited to a motor home, fold-down camping trailer, truck camper, holiday trailer or fifth wheel
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travel trailer. Conventional or converted mobile homes are not recreational vehicles, as defined
under this bylaw;
"SETBACK" - means the distance that a development, or a specified portion of it, must be set
back from a property line;
"SEWAGE COLLECTION SYSTEM" - consists of a CSA approved sealed impermeable holding
tank;
Shipping Container means a shipping container used to transport goods, now being used
as an accessory building for storage - Bylaw 257-14
"SHORELINE" - means the land covered by water for such a period of time that it no longer
features the natural vegetation or marks a distinct boundary from the water environment and the
soil of the waterbody and the vegetation of the surrounding land;
"SHORT FORM" - means an abbreviation;
"SIGN" - means anything that serves to indicate the presence or the existence of something,
including, but not limited to a lettered board, a structure, or a trademark displayed, erected, or
other wise developed and used or serving or intended to serve to identify, to advertise, or to give
direction;
"SINGLE DETACHED DWELLING" - means a complete building or self-contained portion of a
building for the use of one or more individuals living as a single housekeeping unit with associated
facilities and intended as a residence not separated from direct access to the outside by another
structure. A mobile home or recreational vehicle is not a single detached dwelling as defined
under this Bylaw;
"STOREY" - means a floor of a building, excepting the basement;
"STOREY, HALF" - means that part of any building wholly or partly within the framing of
the roof, where the habitable floor area is not more than 70% of the ground floor;
"STREET" - means a right-of-way no less than 10.0 m (32.8 ft) in width for a public thoroughfare
and designed for the use of vehicular or pedestrian traffic, but does not include a lane or as
defined as a street in the Highway Traffic Act;
"STRUCTURE" - means anything constructed or erected on the ground, or attached to something
on the ground, and includes all buildings;
"SUBDIVISION AUTHORITY" - means a Subdivision Authority established Pursuant to Section
623 of the Municipal Government Act. Council shall exercise Subdivision Authority powers on
behalf of the Municipality;
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"SUBDIVISION AND DEVELOPMENT APPEAL BOARD - means the Subdivision and
Development Appeal Board appointed pursuant to the provisions of the Municipal Government
Act;
"SUBDIVISION OFFICER" - means a person authorized to accept, process and endorse
subdivisions on behalf of the subdivision authority pursuant to the provisions of the Municipal
Government Act;
Tarp Structure - means a temporary structure covered with a fabric, plastic or similar
covering, connected to the ground or not, and is intended for storage of such items as
cars, boats, RV's, quads, etc.
Bylaw 253-13
"TEMPORARY DEVELOPMENT" - means a development for which a development permit has
been issued for a limited time only;
"TEMPORARY USE OR BUILDING" - means a use or building developed on a parcel which is
not permanent in nature and can conveniently and economically be removed so as to not
prejudice the future subdivision or development of that parcel;
"TEMPORARY LIVING ACCOMMODATION" - means any recreational vehicle, holiday trailer,
camper or tent situated on a residential lot;
"USE" - means a use of land or a building as determined by the Development Officer;
"UTILITY" - means the components of a sewage, storm water or solid waste disposal system, or a
telecommunication, electrical power, water, gas or oil distribution system;
"UTILITY BUILDING" - means a building in which the proprietor of a utility company maintains his
office or offices and/or maintains or houses any equipment used in connection with the utility;
"YARD" - means a required open space unoccupied and unobstructed by any structure or portion
of a structure above the general ground level of the graded parcel, unless otherwise permitted in
this Bylaw;
"YARD, FRONT" - means that portion of the parcel extending across the full width of the parcel
from the front property boundary line of the parcel to the front wall of the main building. In the case
of lake front lots, the front yard is the area between the lake shore property line (or, if the front
property line is not a fixed point, the standard mean high water mark as defined by Alberta
Environmental Protection) and the wall of the main building facing the lake;
Yard Front means that portion of the parcel extending across the full width of the parcel
from the front property boundary line (roadway side) of the parcel to the front wall of the
main building
Bylaw 253-13
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"YARD, LAKEFRONT" - means the yard extending across the full width of a lakefront parcel and
situated between the parcel line closest to the lake and the nearest portion of the exterior wall of
the principal building;
Yard Lakefront - means the front yard is the area between the lake shore property line, (or,
if the frontb property line is not a fixed point, the standard mean high water mark as
defined by Alberta Environmental Protection and the wall of the main building facing the
lake
Bylaw 253-13
"YARD, REAR" - means that portion of the parcel extending across the full width of the parcel
from the rear property boundary of the parcel to the exterior wall of the building; and
Yard Rear means that portion of the parcel extending across the full width of the parcel
from the rear property boundary (side opposite to the roadway side ) of the parcel to the
exterior wall of the building
Bylaw 253-13
Yard Rear for Lakefront Lots - means that portion of vthe parcel extending across the full
width of the parcel from the rear property boundary (roadway side) ofvthe parcel to the
exterior wall of the building
Bylaw 253-13
"YARD, SIDE" - means that portion of the parcel extending from the front yard to the rear yard
and lying between the side property boundary of the parcel and the nearest portion of the exterior
wall of the principal building.
All other words and expressions have the meanings respectively assigned to them in the Act.
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PART 2:
DEVELOPMENT CONTROL AGENCIES
Section 11 Establishment of a Development Officer
(1)
The office of the Designated Officer is hereby established and such office shall be filled by
a person or persons to be appointed by Resolution of Council.
(2)
For the purposes of the Act, the Development Officer is hereby declared to be a
Designated Officer of Council.
(3)
The Development Officer shall perform such duties that are specified in this Land Use
Bylaw, including among other things:
(a)
keeping and maintaining for the inspection of the public during all regular hours, a
copy of this Land Use Bylaw and all amendments thereto, and
(b)
keeping a register of all applications for development including the decisions thereon
and the reasons therefore.
4)
For the purposes of this Bylaw, the Development Officer shall constitute the Development
Authority of the Summer Village of Ross Haven.
Section 12 Subdivision Officer
(1)
The office of the Subdivision Officer is hereby established and such office shall be filled by
a person or persons appointed by Resolution of Council.
(2)
The Subdivision Officer or designate(s) shall perform such duties that are specified in Part
IV of this Bylaw.
(3)
The Subdivision Officer or designate(s) shall keep and maintain for the inspection of the
public during all reasonable hours, a copy of this bylaw and all amendments thereto; keep
a register of all applications for subdivision, including the decisions thereon and the reason
therefore.
(4)
For the purposes of the Municipal Government Act, the Subdivision Officer or his
designate(s) is/are hereby declared to be a Designated Officer of Council.
(5)
For the purposes of this Bylaw, the Subdivision Officer shall constitute the Subdivision
Authority of the Summer Village of Ross Haven.
Section 13 Subdivision and Development Appeal Board
(1)
The Subdivision and Development Appeal Board is established through separate bylaw.
(2)
The Subdivision and Development Appeal Board shall perform such duties as specified in
the Act.
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PART 3:
DEVELOPMENT CONTROL
Section 14 Control of Development
No development other than that designated in Section 15 of this Bylaw shall be undertaken within
the municipality unless an application for it has been approved and a development permit has
been issued.
Section 15 Where a Development Permit is Not Required
The following developments shall not require a development permit provided the proposed
development conforms to all other provisions of this Bylaw:
(a)
The maintenance or repair of any conforming building if the work does not include
structural alterations;
(b)
The erection or placement of a temporary building or sign, the sole purpose of which is
incidental to the erection of a building for which a development permit has been granted,
provided the temporary building or sign is removed within thirty (30) days of substantial
completion or as determined by the Development Officer;
(c)
The completion, alteration, maintenance or repair of a street, lane or utility, undertaken
upon a public thoroughfare or utility easement, or undertaken to connect the same with any
lawful use of buildings or land;
(d)
Hard-surfacing of any yard area on a parcel for the purpose of providing vehicular access
from a public roadway to an on-site parking stall, provided that such hard-surfacing does
not drain onto adjacent properties;
(e)
The erection of freestanding towers, electronic equipment, flag poles and other poles not
exceeding 6.1 m (20.0 ft), provided that the structure is not located in a front yard or on a
building or structure;
(f)
Landscaping where it will not adversely affect the subject or adjacent properties but does
not include changes in grade, stockpiling or excavation;
(g)
The erection of campaign signs for federal, provincial, municipal or school board elections
on private properties for no more than thirty (30) days, or such other time as regulated
under provincial or federal legislation provided that:
(i)
such signs are removed within fourteen (14) days of the election date, and
(ii)
the consent of the property owner or occupant is obtained, and
(iii)
such signs do not obstruct or impair vision or traffic, and
(iv) such signs indicate the name and address of the sponsor and the person responsible
for removal;
(h)
The erection or construction of gates, fences, walls or other means of enclosure, subject to
Section 57 of this Bylaw, and the maintenance, improvement and other alterations of any
gates, fences or walls or other means of enclosure;
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(i)
One sign on internal parcels or two signs on corner parcels advertising a residential
property for sale or rent may be displayed on the property to which it pertains during the
time the property is being offered for sale, and shall be removed after the sale or rental
agreement has been entered into. Such signs shall be a maximum of 0.6 m2 (6.4 ft2) and
shall be placed or erected no closer than 3.0 m (10.0 ft) to a public right-of-way; or
(j)
The erection or construction of 9 m2 (100 ft2) maximum floor area storage or garden sheds
provided they meet the setback requirements for an accessory building and site coverage
regulations as defined under this Bylaw.
Section 16 Non-Conforming Buildings and Uses
Non-conforming buildings and uses must comply with the provisions of the Act, Section 643.
Section 17 Application for Development Permit
(1)
An application for a development permit shall be made to the Development Officer in
writing on the application form provided in the parts forming this Bylaw, and shall:
(a)
be accompanied by a fee set by Council;
(b)
be signed by the registered owner or their agent where a person other than the
owner is authorized by the owner to make application; The correctness of the
information supplied shall, when required by the Development Officer, be verified by
a Statutory Declaration;
(c)
state the proposed used or occupancy of all parts of the land and buildings, and
such other information as may be required by the Development Officer; and
(d)
at the discretion of the Development Officer include parcel plans in duplicate at a
scale satisfactory to the Development Officer, showing any or all of the following:
(i)
Front, side and rear yards;
(ii)
Outlines of the roof overhangs on all buildings;
(iii)
North point;
(iv)
Legal description of the property;
(v)
Location of existing and proposed municipal and private local improvements,
principal building and other structures including accessory building, garages,
carports, fences, driveways, paved areas, and major landscaped areas
including buffering and screening areas where provided;
(vi)
The provision of off-street loading and vehicle parking,
(vii)
Access and egress points to and from the parcel,
(viii)
Location of water and sewage collection systems on adjacent properties.
(ix)
The grades of the adjacent streets and lanes;
(x)
the location of existing and proposed municipal and private local
improvements as well as an estimation of the installation thereof,
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(xi)
The exterior elevations showing height, horizontal dimensions and finishing
materials of all buildings, existing and proposed;
(xii)
The lowest finished floor elevation in either the basement or main floor in the
principal and accessory buildings where applicable;
(xiii)
a parcel grading plan indicating but not limited to indicating the elevations of
the parcel at all corners and the grade at all corners of the proposed
development as well as the grades of the adjacent streets, lanes and sewers
servicing the parcel,
(xiv)
storm drainage plan,
(xv)
On a vacant parcel in a residential district, the suggested location for a future
driveway and garage or carport, if the application itself does not include such
buildings as part of the proposal; and
(xvi)
estimated cost of the project, excluding land prices, and
(xvii)
Any other information or tests respecting the parcel or adjacent lands which
is pertinent to an assessment of the conformity of the proposal to this Bylaw
and any other Bylaws or resolutions of Council dealing with development.
(2)
The Development Officer may require the applicant to provide written consent to enter
upon the subject property to verify compliance of all existing and proposed development(s)
with this Bylaw.
(3)
When, in the opinion of the Development Officer, sufficient details of the proposed
development have not been included with an application for a development permit, the
Development Officer may return the application to the applicant for further details. The
application so returned shall not be considered to be in its final form until all required
details have been submitted to the satisfaction of the Development Officer.
Section 18 Decisions on Development Permit Applications
(1)
Permitted / Discretionary Applications
(a)
The Development Officer shall approve, with or without conditions, an application for
a permitted use where the proposed development conforms to this Bylaw. The
Development Officer may approve an application for a discretionary use and may
refer the application with the Development Officer's recommendations to Council for
decision. All applications for the placement of Modular Homes shall be referred, by
the Development Officer, to Council for decision.
(b)
The Development Officer or Council may require, as a condition of issuing a
development permit, that:
(i)
a Real Property Report, signed by an Alberta Land Surveyor, along with a
signed authorization form or letter from the Alberta Land Surveyor stating
that the Summer Village may utilize the Surveyor's Real Property Report for
evaluating the compliance of the proposed or existing development against
all land use regulations relating to the use and building(s) that is (are) the
subject of the development permit application;
(ii)
prior to making a decision, refer any application to any municipal department
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or external agency for comment;
(iii)
require, as a condition of issuing a development permit, that the applicant
enter into an agreement with the Summer Village of Ross Haven to construct
or pay for the construction of public roadways, pedestrian walkways, parking
and loading facilities, and any off-site levy or redevelopment levy imposed by
Bylaw. To ensure compliance with the conditions in the agreement, the
Summer Village of Ross Haven may be protected by caveat registered in
favour of the Summer Village;
(iv)
require financial guarantees, in a form and an amount acceptable to the
Village, from the applicant to secure performance of any of the conditions of
a development permit;
(v)
refuse to issue a development permit in the case where satisfactory
arrangements have not been made by a developer for a proposed building
on any parcel, where it would otherwise be permitted by the Bylaw, for the
supply of water, electric power, sewerage and street access, or any of them,
including payment of the costs of installing or constructing any such utility by
the developer; and/or
(vi)
issue a temporary development permit where, in the opinion of the
Development Officer, the proposed use is of a temporary nature.
(c)
Where development permit applications are referred to Council, Council shall be
subject to the same variance provisions that apply and are available to the
Development Officer as prescribed in Section 18 (2), (3) and (4).
(2)
Variance Provisions
The Development Officer may, in deciding upon an application for a permitted or
discretionary use, allow a minor variance to a maximum of 30% of the stated setback or
other provision provided such variance does not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of land.
(3)
Limitations on Variance Provisions
In approving an application for a development permit under Section 18 (2), the
Development Officer or Council shall adhere to the general purpose and intent of the
appropriate land use district and to the following:
(a)
A variance shall be considered only in cases of unnecessary hardship or practical
difficulties particular to the use, character, or situation of land or building which are
not generally common to other land in the same land use district.
(b)
Except as otherwise provided in this Bylaw, there shall be no variance from the
regulations prescribing density.
(c)
Where the issuance of a development permit for any use involves the exercise of
any specified discretion of the Development Officer to relax a regulation of a land
use district or any other regulation of this Bylaw, they shall not permit any variance
from that regulation other than that contained in Section 18 (2).
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(4)
Additional Provisions:
The Development Officer may impose such conditions on the approval of an application
that are considered necessary by the Development Officer, or Council to:
(a)
uphold the intent and objectives of any area structure plan or other statutory plan or
land use regulation as adopted or amended from time to time; and
(b)
ensure the orderly and economic development of land within the Summer Village of
Ross Haven.
Section 19 Notice of Proposed Development
(1)
Prior to an application being considered for a discretionary use, the Development Officer
may require one or more of the following:
(a)
cause a notice to be posted in a conspicuous place on the parcel upon which the
proposed development is situated not less than seven (7) days prior to the date of
consideration of such an application;
(b)
cause a similar notice to be published once in a newspaper circulating in the
municipal area, at the expense of the applicant; and/or
(c)
cause a similar notice to be sent by mail to all assessed property owners within
30.0 m of the parcel, and to those assessed property owners who, in the opinion of
the Development Officer, may be affected, not less than seven (7) days prior to the
date of consideration of the application.
(2)
The notices issued pursuant to Section 19 (1) shall state:
(a)
the proposed use of the building or parcel;
(b)
that an application respecting the proposed use will be considered by the
Development Officer;
(c)
that any person who objects to the proposed use of the parcel may deliver to the
Development Officer a written statement of their objections indicating:
i)
their full name and address for service of any notice to be given to them in
respect of the objection, and
ii)
the reasons for their objections to the proposed use;
(d)
the date by which objections must be received by the Development Officer; and
(e)
the date, time and place the application will be considered by the Development
Officer.
(3)
When considering applications under Section 19 (1) for which notices have been served,
the Development Officer may afford an opportunity to any interested person to make
representation on the application and shall take into account any such representations
made when giving final consideration to the said application.
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Section 20 Notice of Decision
(1)
All decisions on applications for a development permit shall be given in writing to the
applicant.
(2)
If an application is refused or conditionally approved by the Development Officer or
Council, the notice of decision shall contain the reasons for the refusal or the conditions
imposed as part of the approval.
(3)
When a decision on a development permit for a permitted use is made, the Development
Officer shall require the developer to immediately post a notice, for no less than fourteen
(14) days, conspicuously on the parcel on which the proposed development has been
permitted.
(4)
When a decision on a development permit for a discretionary use is made, the
Development Officer may undertake or be directed to undertake by the Summer Village
Council, as the case may be, any or all of the following:
(a)
publish a notice in a newspaper circulating in the municipal area; and/or
(b)
immediately mail a notice to all assessed property owners within 30.0 m of the
parcel with respect to which the application has been made and to those assessed
property owners who, in the opinion of the Development Officer, may be affected;
and/or
(c)
post a notice conspicuously on the parcel with respect to which the application has
been made, for a period of no less than twenty one (21) days after the day the
permit was issued.
(5)
The notices issued pursuant to Sections 20 (3), or (4) shall indicate:
(a)
the date a decision on the development permit application was made;
(b)
the location and use of the parcel in respect of which the application has been made
and the decision of either the Development Officer, and
(c)
that an appeal may be made by a person affected by the decision by serving written
notice of the appeal to the Subdivision and Development Appeal Board before the
effective date of the development permit as determined pursuant to Section 21 of
this Bylaw.
Section 21 Effective Date of Permit
The decision on a development permit application shall come into effect,
(1)
if it is made by the Development Officer or Summer Village Council, on the fourteenth (14)
day after the date of the issue of the Notice of Decision, or
(2)
If an appeal is made, on the date that the appeal is finally determined.
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Section 22 Validity of Development Permits
(1)
A development permit is valid unless:
(a)
it is suspended or cancelled; or
(b)
the development that is the subject of the development permit is not commenced
within twelve (12) months from the date of the issuance of the development permit,
or not carried out with reasonable diligence; or
(c)
the development that is the subject of the development permit is not commenced
within a time period specified in the permit or not carried out with reasonable
diligence, if the Development Officer, or Council has specified that the development
permit is to remain in effect for less than twelve months.
(2)
If the development has not commenced prior to the expiry date of the Permit, the
Development Officer may grant one extension, to a maximum of twelve months, to the
approval of the Development Permit where requested by the applicant.
(3)
Temporary Development Permits shall have the expiry date of the permit clearly indicate
on the notice of decision.
Section 23 Deemed Refusals
In accordance with Section 684 of the Act, an application for a development permit shall, at the
option of the applicant, be deemed to be refused when the decision of the Development Officer, as
the case may be, is not made within forty (40) days of the completed application being received by
the Development Officer unless an agreement to extend the 40-day period herein described is
established between the applicant(s) and the Development Officer.
Section 24 Subsequent Applications
If an application for a development permit is refused by the Development Officer or on an appeal
from the Subdivision and Development Appeal Board, another application for development by the
same applicant or any other applicant,
(a)
on the same parcel; and
(b)
for the same or similar use,
may not be made for at least six (6) months after the date of the refusal, subject to consideration
by the Council.
Section 25 Suspension or Cancellation of Development Permits
(1)
If, after a development permit has been issued, the Development Officer becomes aware
that:
(a)
the application for the development contains a misrepresentation; or
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(b)
facts concerning the application or the development were not disclosed which
should have been disclosed at the time the application was considered; or
(c)
the development permit was issued in error, the Development Officer, as the case
may be, may suspend or cancel the notice of decision or the development permit by
notice, in writing, to the holder of it.
(2)
If a person fails to comply with a notice under Section 645 of the Act, the Development
Officer may suspend or cancel any existing development permit by notice, in writing, to the
holder of the permit.
(3)
A person whose development permit is suspended or cancelled under this Section may
appeal to the Subdivision and Development Appeal Board.
Section 26 Developer's Responsibility
(1)
A person to whom a development permit has been issued shall obtain from the appropriate
authority where applicable, permits relating to building, grades, sewers, water mains,
electricity and highways, and all other permits required in connection with the proposed
development.
(2)
The applicant shall be financially responsible during construction for any damage by the
applicant, his servants, his suppliers, agents or contractors to any public or private
property.
(3)
The applicant shall prevent excess soil or debris from being spilled on public road
allowances streets, lanes sidewalks, lakes, and run-off lanes and shall not place soil or any
other materials on adjacent parcel without permission in writing from adjacent property
owners.
(4)
Sections 26 (2) and (3) may be enforced pursuant to PART VI of this Bylaw. Any costs
incurred as a result of neglect to public property may be collected where financial
guarantees have been required pursuant to Sections 18.
(5)
The Development Officer may require a Real Property Report prepared by an Alberta Land
Surveyor relating to the building(s) that is (are) the subject of a development permit
application.
(6)
No building or use shall be used or occupied and no change in the existing occupancy
classification of a building shall be made until the developer, proposed user or proposed
occupant of said building or use demonstrates that substantial completion, as determined
by the Development Officer, has been undertaken.
(7)
Further to Section 26, a person in receipt of an occupancy permit issued pursuant to the
Alberta Safety Codes is not in receipt of permission to occupy under this Bylaw.
(8)
A person in receipt of a development permit issued pursuant to this Bylaw must obtain
where applicable a building permit issued pursuant to the Alberta Safety Codes, some of
the regulations/provisions of which may not be consistent with the regulations/provisions of
this Bylaw.
(9)
The Development Officer may require, with respect to a development that as a condition of
issuing a development permit, the applicant enter into an agreement with the Municipality
to do all or any of the following:
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(a)
To construct or pay for the construction of:
(i)
a public roadway required to give access to the development, or
(ii)
a pedestrian walkway system to serve the development; or
(iii)
pedestrian walkways that will 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; or
(b)
To install or pay for the installation of utilities that are necessary to serve the
development; or
(c)
To construct or pay for the construction of:
(i)
off-street or other parking facilities, and
(ii)
loading or unloading facilities; or
(d)
To pay off-site levy or redevelopment levy imposed by bylaw.
(10)
Where an application for a development permit is approved with conditions, the
Development Officer may, before issuing the Development Permit, require the applicant or
owner of the land affected by the Development Permit to enter into an agreement with the
Municipality to ensure compliance with the condition and such an agreement may be
protected by Caveat registered by the Municipality.
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PART 4:
SUBDIVISION OF LAND
Section 27 Control of Subdivision
No subdivision of land shall be undertaken within the Municipality unless an application for it has
been approved pursuant to Division 7 of the Municipal Government Act.
Section 28 Subdivision Fees
All fees and charges pursuant to this Bylaw shall be as established by a Municipal Services
Agreement established by Resolution of Council.
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PART 5:
AMENDMENT AND ENFORCEMENT
Section 29 Development Appeals and Procedures
Development appeals and procedures must be undertaken in conformity with the Act.
Section 30 Subdivision Appeals and Procedures
Subdivision appeals and procedures must be undertaken in conformity with the Act.
Section 31 Application to Amend Bylaw
(1)
Subject to the provisions of the Municipal Government Act, any Section or Part of this
Bylaw may be amended in accordance with Section 31 of this Bylaw.
(2)
Application
Any person applying to have this Bylaw amended shall apply in writing to the Development
Officer, using the application from provided by the Summer Village of Ross Haven, and
request that the Development Officer submit the application to the Council.
(3)
As part of the application referred to in Section 31 (2), the applicant must provide the
following information:
(a)
reasons in support of the application;
(b)
the use to be made of the land that is the subject of the application; and
(c)
the program of land servicing.
(4)
Payment and Undertaking
A person making an application to amend this Bylaw for a purpose other than the
clarification of an existing provision of this Bylaw shall:
(a)
pay the Summer Village of Ross Haven an application fee as set by Resolution of
Council;
(b)
undertake in writing on a form provided by the Summer Village of Ross Haven to be
liable for, and pay on demand, all expenses made necessary by the processing of
the proposed amendment which Summer Village of Ross Haven may incur, whether
it be enacted or not, including but not limited to map printing and reproduction costs,
surveys and advertising charges; and
(c)
sign a certificate authorizing the right of entry by the Development Officer to such
lands or buildings as may be required for investigation of the proposed amendment.
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(5)
Investigation by Development Officer
Upon receipt of an application to amend the Land Use Bylaw, the Development Officer
shall:
(a)
initiate or carry out any necessary investigation or analysis of the problems involved
in or related to the amendment; and
(b)
prepare a detailed report including all maps and relevant material.
(6)
Procedure by Applicant
Upon receiving the preliminary advice of the Development Officer, the applicant shall
advise the Development Officer if:
(a)
he or she wishes the Council to proceed with the amendment as submitted by the
person, or an alternative amendment proposed by the Council; or
(b)
he or she wishes to withdraw his application for an amendment.
(7)
Decision by Council:
As soon as reasonably convenient the Development Officer shall submit the proposed
amendment as originally applied for, or as alternatively chosen by the applicant, as the
case may be, to the Council, accompanied by the report of the Development Officer and
other relevant material, if any, and the Council shall then consider the proposed
amendment.
(8)
Council May Direct Repayment:
If it appears that the proposed amendment is one which is applicable to and for the benefit
of the Summer Village of Ross Haven at large, or most of the persons affected in one area,
or to the entire district, then the Council may direct that the application fee be returned to
the applicant and that the Summer Village of Ross Haven pay the expense which the
applicant has agreed to pay pursuant to the provisions of Section 31.
(9)
Amendments Proposed in Council:
Council may, at any time, initiate an amendment to this Bylaw, but prior to first reading of
any proposed amendment the proposal shall be referred to the Development Officer for
reports and recommendations.
(10)
Limit on Frequency of Applications:
Notwithstanding anything in this Section or this PART, a proposed amendment which has
been rejected by Council within the previous twelve (12) months may not be reconsidered
unless Council otherwise directs.
(11)
Proposed amendments to this Bylaw are subject to those requirements and procedures set
out in the Act regarding enactment of Bylaws, Section 692 specifically.
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(12)
Prior to third reading of a proposed amendment, Council may require the applicant to apply
for a development permit and negotiate a development agreement for the proposal which
initiated said proposed amendment.
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PART 6:
CONTRAVENTION, PENALTIES AND FINES
Section 32 Contravention
(1)
Contravention of the provisions of this Land Use Bylaw must conform to Section 645 of the
Act.
(2)
Where a notice is issued under Section 645 of the Act, the notice shall state the following
and any other information considered necessary by the Development Officer:
(a)
An explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the Act the order is being carried out;
(b)
The alternatives and processes which the person responsible for the contravention
may pursue in order to correct the contravention;
(c)
A time frame in which the contravention must be corrected prior to the Summer
Village of Ross Haven pursuing action; and
(d)
Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
Section 33 Offenses and Penalties
This Bylaw may be enforced, and the contravention of any provisions contained herein restrained,
by the Alberta Court of Appeal upon action brought by Council, whether or not any penalty has
been imposed for the contravention.
(1)
A person who:
(a)
contravenes any provision of the Act or the regulations under the Act,
(b)
contravenes this Bylaw,
(c)
contravenes an order under Section 32 of this Bylaw and/or Section 645 of the Act,
(d)
contravenes a development permit or subdivision approval or a condition attached
thereto, and/or
(e)
obstructs or hinders any person in the exercise or performance of his powers or
duties under this Act, the regulations under the Act or this Bylaw
(f)
is guilty of an offense and is liable to a fine prescribed in Section 566 of the
Municipal Government Act.
(2)
If a person is found guilty of an offense under Section 33 of this Bylaw (Section 557 of the
Municipal Government Act), the court may, in addition to any other penalty imposed, order
the person to comply with:
(a)
the Act and the regulations under the Act,
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(b)
this Bylaw,
(c)
an order under Section 32 of this Bylaw and/or Section 645 of the Act, and/or
(d)
a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
(3)
Any written notice, or order, or decision that is required under any provision of this Bylaw to
be provided to any person shall be deemed to have been so provided if it is:
(a)
delivered personally to the person or their agent it is directed to; or
(b)
mailed by certified mail to the last known address of the person it is directed to; or
(c)
left with any agent or employee or resident at the last known address of the person
to whom it is directed.
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PART 7:
GENERAL REGULATIONS
Section 34 On-Parcel and Off-Parcel Services and Improvements
Where any on-parcel services or improvements, or any off-parcel local improvements are required
to service a proposed development, a person shall not begin the excavation for the foundation nor
commence the development until the Development Officer is satisfied that such services or
improvements will be undertaken.
Section 35 Utility Easements
Subject also to the conditions of a utility easement, no permanent structure other than a fence
shall be constructed or placed on that utility easement unless:
(1)
in the opinion of the Development Officer, the said structure does not restrict access to the
utility easement for the purposes of installation or land maintenance of the utility, and
(2)
written consent has been obtained from the person for whose use the easement has been
granted.
Section 36 Parcel Grading
In all cases, parcel grades shall be established with regard to preventing drainage from one parcel
to the next except where drainage conforms to an acceptable local or subdivision drainage plan
which has been approved by the Council.
Section 37 Building Appearance and Building Exteriors
(1)
The design, construction and architectural appearance of any building or structure shall be
to the satisfaction of the Development Officer.
(2)
The exterior finish on all buildings shall be of a permanent material satisfactory to the
Development Officer.
Section 38 Mobile Homes
Mobile homes of any kind are not allowed to be placed on any lot within the corporate boundaries
of the Summer Village of Ross Haven.
Section 39 Corner and Double Fronting Sides
In residential areas, a parcel abutting onto two streets or more shall have a front yard on each
street in accordance with the front yard requirements of this Bylaw.
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In all cases the location of buildings on corner parcels shall be subject to approval by Council who
shall take into account the location of existing adjacent buildings or the permitted setback on
adjacent parcels where a building does not exist.
On any corner site in a residential district, no person shall erect, place or maintain within the site
triangle a wall, fence, shrub, trees, hedge or any object over 0.9 m (3 ft) in height above the lowest
street grade adjacent to the intersection.
Section 40 Dwelling Units on a Parcel
No person shall construct or locate or cause to be constructed or located more than one principal
dwelling unit on a parcel.
Section 41 Building Attached to Principal Buildings
Where a building is attached to the principal building by an open or enclosed roofed structure, it is
to be considered a part of the principal building and not an accessory building.
Section 42 Relocation of Existing Buildings Within the Boundaries of the Summer Village of
Ross Haven
(1)
No person shall:
(a)
place on a parcel a building which has previously been erected or placed on a
different parcel, or
(b)
alter the location of a building which has already been constructed on that parcel,
unless the Development Officer approved the placement or alteration.
(2)
Approval shall not be granted under Subsection (1) unless the Development Officer is
satisfied that:
(a)
the placement or location of the building would meet the requirements of this Bylaw,
and
(b)
the building and the parcel meet the requirements of this Bylaw and the Land Use
District in which it is proposed to be located.
(3)
The Development Authority shall require any applicant for a relocated building to submit
recent photographs of the building which demonstrate the condition and appearance of the
proposed building to the satisfaction of the Development Authority.
Section 43 Garages and Accessory Buildings
(1)
In residential districts, unless otherwise provided, garages and accessory buildings shall
be built and located based on the following:
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(a)
All required yards and setbacks are maintained.
(b)
The total floor area for all buildings shall not exceed 40% of the area of the parcel.
(c)
The Development Officer will require that there be adequate clearance between all
buildings.
(d)
In the case of lakefront parcels, all accessory buildings except boathouses shall be
located in the rear yard and the rear half of the parcel.
(e)
In the case of non-lakefront parcels, all accessory buildings shall be located in the
rear yard and in the rear half of the parcel.
(f)
A boathouse on a lakefront parcel will be located to the satisfaction of the
Development Officer.
(g)
All accessory buildings shall be fixed to the ground, or on a foundation.
(h)
Where a garage door faces the roadway, the garage shall be set back 6.1 m
(20.0 ft).
(i)
Garages will be limited to a maximum of 11/2 storeys in height and shall not exceed
6.7 m (22.0 ft) in height.
(j)
A guest house shall contain rooms for sleeping accommodation and bathroom
facilities only and if additional rooms or facilities are contained therein, it shall be
considered and evaluated as the dwelling unit.
(k)
No eave of an accessory building shall be closer than 0.3 m (1 ft) to any property
line, with the structure of any accessory building being no closer than 0.9 m (3 ft)
from any property line.
(l)
Accessory buildings shall not be erected unless the principal building has been
erected, or the principal building will be erected simultaneously.
(2)
On lakefront parcels a residence, guest house, boathouse, and garage are allowed as long
as the development adheres to all of the requirements of this Bylaw.
(3)
Private Swimming Pools and Hot Tubs:
(a)
Every private swimming pool or hot tub shall be secured against entry by the public
other than owners, tenants or their guests.
(b)
No privately owned outdoor swimming pool or hot tub shall be constructed unless
fenced; except that a wall of a building may be considered to provide adequate
protection for its length when substituted for any portion of the fence.
(c)
Every fence enclosing an outdoor swimming pool or hot tub shall be at least 1.5 m
(5.0 ft) in height above the level of the grade outside the enclosure and shall be of
approved design such that it will deter children from climbing over or crawling
through or under it to gain access. Gates in the fence shall provide protection
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equivalent to the fence and shall be equipped with a self-latching device located on
the inside of the gate.
(d)
Notwithstanding the foregoing in Section 43 (3), a hot tub or outdoor swimming pool
may alternatively be secured against entry by means of a locking cover suitable to
the Development Authority.
Section 44 Accessory Uses
(1)
Lakeshore Accessory Use:
(a)
Prior to the issuance of a development permit for a lakeshore accessory use, the
Development Officer shall require a parcel plan giving information as to exact
location in relation to property lines, architectural appearance, construction,
materials, standards and access.
(b)
Any lakeshore accessory use which lies only partially within the Summer Village and
therefore extends beyond the corporate boundaries of the Summer Village, shall
require a development permit for that portion within said corporate boundary.
Section 45 Home Occupations
(1)
Home occupations shall be limited to those areas which do not interfere with the rights of
other residents to quiet enjoyment of a residential neighbourhood. Home occupations shall
not be a primary use of the residential building or garage and shall not:
(a)
involve the storage of goods in the public view, a change in appearance of the
residence or its accessory buildings, unless approved by the Development Officer;
(b)
require alterations to the building unless the alterations are approved by the
Development Officer; and
(c)
shall not employ any employees who do not reside on-site.
(2)
Development approval for home occupations business signage shall be as described
under Section 60.
(3)
Bed and Breakfast Operations
In addition to all other requirements of this Section, the following additional requirements
shall apply to home occupations in the form of bed and breakfast operations, as defined in
Section 10 of this Bylaw:
(a)
A bed and breakfast shall be limited to one meal provided on a daily basis to
registered guests only with such meal being prepared in one common kitchen and
served in one common room.
(b)
A bed and breakfast operation shall be limited to residential land use districts and
shall be contained entirely within the principal building.
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(c)
In addition to off-street parking requirements contained within Section 53 of this
Bylaw, one (1) off-street parking space per rented guest room shall be required for a
bed and breakfast operation.
(d)
A bed and breakfast shall be required to hold any permits or authorizations required
by the local or Provincial Health Authority, as well as be in compliance with the
Safety Codes Act.
(e)
A bed and breakfast shall contain a maximum of two guest suites.
(4)
Development approval for home occupations business signage shall be at the discretion of
the Development Officer, and despite Section 61 of this bylaw, no sign shall be greater
than (0.2 m2) 2.2 ft2 and shall not be illuminated.
(5)
All permits for home occupations that are valid for one year may apply for renewal and
shall be subject to the condition that they may be reviewed, and possibly revoked at any
time, if, in the opinion of the Development Officer, the use is or has become detrimental or
otherwise incompatible with the amenities of the neighborhood.
(6)
At all times, the privacy of the adjacent dwellings shall be preserved and shall not unduly
offend the surrounding residents by way of excessive lighting, noise, traffic, congestion,
late visitations by clients, etc.
Section 46 Development on Lands Containing a High-Water Table
Residential development or any development generating sewage effluent shall not occur on lands
containing a high water table unless and until satisfactory arrangements are made to provide
adequate fill or trenching so as to lower the water table to a suitable level. In this respect the
Development Officer may require testing to confirm that the water table has been suitably lowered.
The Development Officer may refer to Alberta Environmental Protection for their comments prior
to issuing a development permit for filling or trenching for assistance in assessing any water table
results.
Section 47 Flood Prone Lands
(1)
Development on land which may be subject to flooding shall be discouraged, especially on
lands which are within the 1:100 year flood plain (723.8 m ASL), or as determined by
Alberta Environment and the Summer Village of Ross Haven.
(2)
New development within a 1:100 flood risk area shall be subject to the following
requirements:
(a)
New development shall not be allowed unless it complies with Canada Mortgage
and Housing Corporation standards for flood-proofing of buildings;
(b)
The first floor and all mechanical and electrical installations within any structures or
buildings shall be a minimum of 0.5 m (1.6 ft) above the 1:100 flood elevation level;
and
(c)
Buildings shall have no finished floor space below the 1:100 year flood elevation.
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(3)
In floodway areas, new development shall not be permitted unless the proposed
development is directly related to a recreational or lake use, such as picnic tables, boat
docks, launch ramps, etc.
(4)
Development in areas with a potential to be flooded may have, at the discretion of the
Development Officer, a restrictive covenant related to the approved development
registered against the certificate of title for the subject property.
(5)
Development on lands which have a gross slope in excess of 15% shall be accompanied
by a site plan designed and approved by a professional engineer.
Section 48 Environmentally Sensitive Lands
(1)
Development on lands which are designated or deemed by the Development Officer
to be environmentally sensitive shall be discouraged.
(2)
When reviewing an application for development on environmentally sensitive lands, the
Development Officer shall consider the following:
(a)
The impact of the proposed development on the subject and surrounding area;
(b)
The soil types and conditions of the area surrounding the subject property;
(c)
Any information on the past history of the subject property and surrounding area
from a geo-technical perspective; and
(d)
Comments and recommendations from Alberta Environment.
(3)
As part of the development permit application, the Development Officer may require a
Geo-technical study, prepared by a qualified geo-technical engineer, addressing the
proposed development. The geo-technical study will establish building setbacks from
property lines based upon land characteristic of the subject property.
(4)
The Development Officer may require the following as a condition of approval for a
development permit application on land which is considered environmentally sensitive:
(a)
That measures be taken to ensure that infiltration into area slopes, the subject
property, and adjacent lands are minimized, and
(b)
The registration of a restrictive covenant against the certificate of title for the subject
property related to the approved development.
Section 49 Sewage Disposal
A development permit shall be required for construction of an on-parcel sewage collection system
consisting of a CSA approved sealed impermeable holding tank. All dwellings must have an
approved sewage disposal system.
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Section 50 Water Supply
All wells and potable water cisterns shall require a development permit and shall be excavated in
conformance with the Alberta Building Code and all such other regulations which may apply to
their construction.
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Section 51 Development of Hazardous Lands
(1)
It is the responsibility of the developer to provide adequate protection against flooding,
subsidence and slumping and he shall engage such professional assistance as is
determined necessary to protect his development.
(2)
Development on lands with a gross slope of greater than 15% shall be accompanied by a
parcel plan designed and stamped by a professional engineer.
(3)
The Development Authority may consult with Alberta Environment to assist in determining
high-water marks, floodplain area, banks and the like of the lake or its tributaries.
Section 52 Building Demolition
(1)
The demolition of a building shall require a Development Permit. Such a Permit shall not
be approved without a statement indicating:
(a)
how the demolition will be carried out; and
(b)
how the parcel will be reclaimed and/or redeveloped.
(c)
demolition must be completed within a six month time period.
Section 53 Off-Street Parking Development Regulations
(1)
Parking stalls and loading spaces shall be clearly marked and regularly maintained in the
parking facility to the satisfaction of the Development Officer or Municipal Council.
(2)
Except in the case of residential land use districts where the off-street parking area for an
individual residential dwelling unit is accessed directly from the public street, and unless
otherwise specified in this Bylaw, all off-street parking areas/facilities shall be separated
from public streets by a landscaped area at least 1.0 m (3.28 ft) in width as measured from
the outside edge of the parked vehicle to the edge of the public street right-of-way.
(3)
Except in the case of one and two family dwellings, including modular homes, off-street
parking facilities shall be designed such that no vehicle is required to back out directly onto
a public street, including laneways.
(4)
All off-street parking facilities shall be constructed according to the following standards:
(a)
Necessary curb cuts shall be located and designed to the satisfaction of the
Development Officer.
(b)
In all land use districts where the requirement for off-street parking spaces exceeds
two, except where more than one off-street parking spaces are required for a bed
and breakfast operation in accordance with Section 54 of this Bylaw, every off-street
parking space provided, and the access thereto, shall be hard-surfaced if the access
is from a street or lane which is hard-surfaced, using the same or similar material for
the off-street parking space as is found in the hard-surfaced street or lane giving
access.
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(c)
Parking facilities used at night shall have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent residential parcel and
other parcel where in the opinion of the Development Officer or Municipal Council it
would have adverse effects.
(d)
Grades and drainage shall dispose of surface water to the satisfaction of the
Development Officer or Municipal Council. In no case shall grades be established
that would permit surface drainage to cross any sidewalk or parcel boundary without
the approval of the Development Officer or Municipal Council.
(e)
Parking for the physically handicapped shall be provided as provincial regulations
require, be considered as part of the number of stalls required for the project and be
clearly identified for use by the physically handicapped.
Section 54 Number of Off-Street Parking Stalls Required
(1)
A building or use shall not be enlarged or added to, nor shall the use be altered unless
provision is made in accordance with this Bylaw to increase the number of parking stalls or
loading spaces required on the total parcel for which the addition or change in use is
proposed.
(2)
The minimum number of off-street parking stalls required for each use of building or
development shall be as follows:
(a)
Residential Dwelling
2 spaces per dwelling.
(b)
Bed and Breakfast
1 space per sleeping unit.
(c)
Boat Launches
As required in Subsection (3)
(3)
Boat launches shall require a minimum of five parking spaces or such greater number as
required by the Development Officer based on the size and frequency of use of the launch.
Further, boat launch parking areas shall require curbs, markings and landscaping to the
satisfaction of the Development Officer.
(4)
Where, in the opinion of the Development Officer, municipal parking facilities have
previously been provided to specifically serve a proposed project, the number of parking
stalls required on a parcel pursuant to Subsection (2) may be reduced accordingly.
(5)
The number of parking stalls required may be reduced where, in the opinion of the
Development Officer, the parking required by various users on a parcel will vary according
to time so that all needs as defined in this Bylaw can be met at any given time by a
reduced number of stalls.
(6)
In the case of a use not specified in Subsection (2), the number of stalls provided shall be
the same as for a similar use as determined by the Development Officer.
(7)
Where a development on a parcel falls within more than one use of a building or
development, the required number of spaces shall be the sum of the requirements for each
of the uses as specified under Subsection (2).
(8)
Where there are a fractional number of parking spaces required by this Bylaw, the next
highest number of stalls shall be provided.
(9)
No development shall be permitted unless all parking needs are accommodated on-site.
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Section 55 Fences and Screening
(1)
In any district, a person shall not construct a fence, wall or permit a hedge to grow higher
than 1.8 m (6.0 ft) unless a development permit has been provided.
(2)
Siting of a fence, wall or hedge over 1.8 m (6.0 ft) shall be determined by the Development
Officer, taking into consideration the fences which exist on the parcels abutting the parcel
in question.
(3)
Electrified or barbed wire fences will be permitted in a district at the discretion of the
Development Officer but shall not be permitted under any circumstances in a residential
district.
(4)
In front yards, no fence shall be higher than 0.9 m (3.0 ft), except in the case of double
fronting sites, where fence height shall be at the Development Officer's discretion, but must
be consistent with neighbouring properties. Front yard fences may be up to 1.5 m (5.0 ft)
when the fence is constructed with open chain links.
Section 56 Non Conforming Uses
In accordance with the Municipal Government Act, the following shall apply to non-conforming
uses and structures:
(1)
If a development permit has been issued on or before the day on which a land use bylaw
or a land use bylaw amendment bylaw comes into force in the Summer Village and the
bylaw would make the development in respect of which the permit was issued a non-
conforming use or non-conforming building, the development permit continues in effect in
spite of the coming into force of the bylaw.
(2)
A non-conforming use of land or a building may be continued but if that use is discontinued
for a period of 6 consecutive months or more, any future use of the land or building must
conform with the land use bylaw in effect.
(3)
A non-conforming use of part of a building may be extended throughout the building, but
the building, whether or not it is a non-conforming building, may not be enlarged or added
to and no structural alterations may be made to or in it.
(4)
A non-conforming use of part of a lot may not be extended or transferred in whole or in part
to any other part of the lot and no additional buildings may be constructed on the lot while
the non-conforming use continues.
(5)
A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for routine maintenance of the building, if the development authority considers it
necessary, or
(c)
in accordance with this Bylaw where the Development Authority may approve minor
variances which include, but are not necessarily limited to: foundation repairs,
addition of open porches or decks, or replacement of roofing and siding on a
building.
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(6)
If a non-conforming building is damaged or destroyed to the extent of more than 75% of
the value of the building above its foundation, the building may not be repaired or rebuilt
except where allowed under this Bylaw.
(7)
The land use or the use of the building is not affected by a change in ownership or tenancy
of the land or building.
Section 57 Prohibited Structures
For the purposes of this bylaw, the following shall apply as prohibited structures and or
prohibited uses: Bylaw 253-13
(1)
Tarp structures
(2)
Pit toilets
(3)
Mobile homes, trailers, and recreational vehicles on a vacant lot
(4)
The placing of refuse or waste material on any land,
(5)
The more frequent or intensive use of land for the parking of trailers, bunkhouses, portable
dwellings, skid shacks or any other type of portable building whatsoever whether or not the
same has been placed or affixed to the land in any way.
Section 58 Temporary Living Accommodation
(1)
No recreational vehicle shall be parked on any undeveloped lot within the Village, except
that any person in possession of a valid building permit can be granted a development
permit to park and use a holiday / vacation trailer for a temporary residence during the
construction of the permanent residence.
(2)
The development permit for (1) above shall be restricted to a period of six months, but on
request to Council may be extended for an additional six months.
(3)
A recreational vehicle, holiday trailer, motor home, camper or tent trailer shall not be used
as a permanent or seasonal dwelling unit. Only One (1) of these units can be used as
either a temporary guest accommodation, not to exceed two (2) weeks, or can be
stored on a developed lot provided a permanent dwelling exists on the property
Bylaw 253-13.
Section 59 Landscaping
Subsection 1) and 2) deleted - Bylaw 253-13
(3)
There shall be provided upon occupancy of the development, a minimum topsoil coverage
of 7.5 cm (0.25 ft.) and the affected area shall be landscaped to the satisfaction of the
Development Authority.
(4)
In any commercial, all areas of a parcel not covered by buildings, parking or vehicular
maneuvering areas shall be landscaped to the satisfaction of the Development Officer.
Section 60 Signs
(1)
No signs or advertising structures of a commercial, direction, or informative nature shall be
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43
erected on land or affixed to any exterior surface of any building or structure unless an
application for this purpose has been approved and a development permit has been
issued.
(2)
No signs or advertising structures or signboards shall be erected on or affixed to public
property without the prior consent of the municipality.
(3)
Notwithstanding the generality of the above or the above provisions, the following signs
may be erected on land or affixed to the exterior of a building or structure without
application for a development permit, provided that no such signs are illuminated;
(a)
signs for the purpose of identification, direction, and warning;
(b)
signs relating to a person, partnership or company carrying on a profession,
business or trade;
(4)
signs related to an institution of a religious, education, cultural, recreational, or similar
character; provided that the sign does not exceed a maximum of 1.1 m2 (12 ft2) and is
limited to one such sign per lot; and
(a)
advertisements in relation to the function of public or quasi-public bodies.
(5)
No sign or advertisement shall resemble or conflict with a traffic sign.
Section 61 Shipping Containers - Bylaw 257-14
Shipping containers shall be a discretionary use within the Residential District (max of one
unit per lot
Regulation - Shipping Container
1.
The following provisions shall apply to Shipping Containers where allowed for in
this Bylaw
a) A shipping container shall not be located on an undeveloped parcel unless a
development permit has been issued for a principal dwelling.
b) Shipping Container shall be allowed for construction purposes for a maximum of
12 months
c) Shipping Containers shall be used for storage purposes only, excluding any
dangerous or hazardous materials.
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PART 8:
ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
Section 61 Land Use Districts
The municipality is hereby divided into the following districts:
Short Form
District Designation
R
Residential District
P
Park and Recreation District
SP
Semi-Public District
Section 62 Land Use District Map
(1)
Land use districts specified under Section 63 are described in the short form on the LAND
USE DISTRICT MAP
(2)
The district boundaries are delineated on the LAND USE DISTRICT MAP. Where
uncertainty arises as to the precise location of the boundary of any district, the following
rules shall apply:
(a)
Where district boundaries are shown to approximate the following, they shall be
deemed to be:
(i)
the parcel boundaries, or
(ii) the municipal boundaries.
(b)
District boundaries not referenced specifically to items indicated in clause (a) shall
be determined on the basis of the scale of the map.
(c)
Where land use districts have been established in accord with a proposed
subdivision of land, the districts shall be understood to conform to the Certificate of
Title or the plan of survey when registered in a Land Titles Office. Prior to the
registration, the district boundary shall be determined on the basis of the scale of the
map.
(3)
The district regulations of this Bylaw do not apply to roads, lanes or other public
thoroughfares.
Section 63 R - Residential District
(1)
General Purpose of District
To provide an area for low density residential development in the form of single detached
dwellings and compatible uses in a lakeshore setting.
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(2)
Permitted Uses
Discretionary Uses
-
Single detached dwelling
-
Accessory buildings
-
Sewage collection system
-
Home occupation
-
Guest House/ Bed & Breakfast
-
Modular Homes
-
Public park
-
Public utility building and operations
-
Temporary Living Accommodation
-
Well
(3)
Site Requirements:
(a)
Coverage of all buildings shall not exceed 40% of the total area.
(b)
Minimum floor area per dwelling unit (not including attached garage or deck) 75.0 m2
(800 ft2).
(c)
Minimum area of lot 557 m2 (6000 ft2).
(d)
No principal building shall be less than 6.0m (20.0 ft.) in width, not including decks,
porches or any other attachment.
(e)
One Recreational Vehicle shall only be allowed on a lot with a Main Dwelling or
during the construction of a Main Dwelling with a condition of the Development
Permit.
(f)
Maximum Height:
(i)
(Primary Building): Maximum of 9.4 m (31 ft) measured from grade to the
highest point.
(ii) (Accessory Buildings): Maximum of 6.7 m (22 ft) and may exceed the height of
the primary dwelling measured from grade to the highest point. Guest homes
over garages are subject to accessory building maximum height regulations.
(g)
Minimum Front Yard Setback:
(i)
In the case of a lake front lot, the street facing yard shall be regarded as a rear
yard.
(ii) Lakefront - at the discretion of the Development Officer but not less than 8.0 m
(26.2 ft).
(iii) Street Front - 6.1 m (20.0 ft).
(h)
Minimum Side Yard Setback:
(i)
(Principal Building) Minimum of 1.5m (5.0 ft.).
(ii) (Accessory Building) Minimum of 1.0m (3.0 ft.)
iii) Any structure located closer than 2.4m (8ft) from the propertry line will be
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required to comply with the High Intensity Residential Fire Regulations
(HIRF) - Bylaw 263-16
(i)
Minimum Rear Yard Setback:
(i)
(Principal Building) Minimum of 1.5m (5.0 ft).
(ii) (Accessory Building) Minimum of 1.0m (3.0 ft.)
(4)
Accessory Buildings
(a)
A garage, storage shed or guesthouse may be built on a lot provided that:
(i)
all required yard setbacks are maintained; and
(ii) the total floor area of all buildings does not exceed 40% of the area of the lot.
(iii) a permanent dwelling exists on the property
(b)
The Development Officer may require that there be adequate clearance between all
buildings.
(c)
Basements will not be allowed where high water tables would in all likelihood cause
flooding to occur.
(5)
Parking
Parking shall be provided in accordance with the provisions of this Bylaw.
(6)
Sewage Collection Systems
Every dwelling must provide an on-parcel approved sewage collection system. A proposed
sewage collection system shall:
(a)
require a development permit prior to commencement of construction; and
(b)
meet the requirements of the Alberta Safety Codes Act.
(7)
The Development Officer may decide on such other requirements as are necessary having
due regard to the nature of a proposed development and the purpose of this district.
Section 64 P - Park and Recreation District
(1)
Purpose
The General Purpose of this District is to provide land for active or passive recreational
and leisure pursuits.
(2)
Permitted Uses
Discretionary Uses
-
Accessory building or use
-
Recreational building or use
-
Public use
-
Sewage collection system
-
Well
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(3)
Development Regulations
All regulations shall be at the discretion of the Development Officer. The design, siting,
landscaping, screening and buffering shall minimize and compensate for any objectionable
aspects or potential incompatibilities with development in abutting districts.
(4)
Parking and Loading
The provision for parking and loading shall be at the discretion of the Development Officer
except as otherwise specified within this Bylaw.
Section 65 SP - Semi-Public District
(1)
General Purpose of District
The general purpose of this district is to allow for uses which are semi-public in nature
including church camps and golf courses and accessory uses related to the same. The
district recognizes that the uses have recreational characteristics distinct of other districts.
(2)
Permitted Uses
Discretionary Uses
-
Public park
-
Church and church camp
-
Public works building
-
Golf course
-
Outdoor Storage - Minor
-
Temporary use or building
-
Recreational building or use
-
Greenhouse or plant nursery
-
Sewage collection system
-
Single detached dwelling
-
Accessory building or use
-
Well
(3)
Development Regulations:
(a)
The maximum building height shall be 10.0 m (32.8 ft) except in the case of
buildings or structures accessory to a farm operation other than dwellings.
(b)
Minimum side yard, rear yard and front yard setbacks shall be at the discretion of
the Development Officer.
Summer Village of Ross Haven
Land Use Bylaw
48
Schedule A
Land Use Bylaw Map
Summer Village of Ross Haven
Land Use Bylaw
49