Land Use Bylaw 02-2012 (consolidated to October 25, 2018)
Sandy Beach, Alberta
· adopted 2012-01-01
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SUMMER
VILLAGE OF
SANDY BEACH
Land Use Bylaw
No. 02-2012
Consolidated to October 25, 2018
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PART 1 - GENERAL
1.1
TITLE
This Bylaw may be referred to as "The Summer Village of Sandy Beach Land Use
Bylaw."
1.2
SCOPE
No subdivision or development shall hereafter be carried out within the boundaries
of the municipality except in conformity with the provisions of this Bylaw.
1.3
PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and
buildings within the Summer Village of Sandy Beach and to achieve the orderly and
economic development of land, and further to:
a)
divide the municipality into districts;
b)
prescribe and regulate the use(s) for each district;
c)
establish a method of making decisions on applications for development
permits including the issuing of development permits;
d)
provide the manner in which notice of the issuance of a development
permit is to be given;
e)
establish a method of making decisions on applications for subdivision
approval in accordance with the provisions of the Municipal Government
Act and its regulations;
f)
implement the statutory plans of the Summer Village of Sandy Beach;
g)
establish the Development Authority and the office of the Development
Officer for the Summer Village of Sandy Beach.
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1.4
PREVIOUS BYLAW
No provisions of any other Bylaws with respect to districting, development control,
and land use classifications shall hereafter apply to any part of the Summer Village
described in this Bylaw.
1.5
METRIC AND IMPERIAL MEASUREMENTS
Whenever dimensions are present or calculations are required, the metric
dimensions, values or results shall be used. The imperial equivalents provided in
parenthesis after each reference to metric units of measurements are approximate
and intended for information only.
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT
1. This Bylaw is enacted under the Municipal Government Act, as amended. This
Bylaw is intended to be read in conjunction with the Municipal Government Act,
with amendments to the time of the reading. Reference should be made to the
Act and its regulations with respect to definitions of terms, administrative
matters, and the powers of agencies and officers referred to in this Bylaw, if
these are not set out in this Bylaw.
2. The Municipal Government Act references contained in certain sections of the
Bylaw are not enacted as part of this Bylaw and may be revised, as required, by
the Development Officer without the adoption by Council of an amending Bylaw.
1.7
EFFECTIVE DATE
The effective date of this Bylaw shall be the date of the third reading thereof.
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1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
Nothing in this Bylaw affects the duty or obligation of a person to obtain a
development permit as required in 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.
1.9
DEFINITIONS OR MEANINGS
In this Bylaw:
"ACCESSORY BUILDING" - means a building which is separate from the principal
building on the parcel where both are located and which the Development Officer
decides is incidental to that of the principal building, and includes garages,
boathouses and guest houses.
"ACCESSORY BUILDING OR USE - LAKESHORE" - means an accessory
building, structure or use located immediately adjacent to a lakeshore or lake
tributary or within the actual water-body proper, and includes but is not limited to a
boathouse, pier, dock, seawall, boat launch or boardwalk;
"ACCESSORY USE" - means a use of a building or land which the Development
Officer decides is incidental and subordinate to the principal use of the parcel on
which it is located;
"ACT" - means MUNICIPAL GOVERNMENT ACT R.S.A. 2000, Chapter M-26, as
amended, and the regulations pursuant thereto;
"AGRICULTURAL AND NATURAL RESOURCE DEVELOPMENT USES"
A. Rural Farms - means development for the primary production of farm products
such as: dairy products; poultry products; cattle, hogs, sheep and other animals;
wheat or other grains; and vegetables or other field crops in rural and peri-urban
areas. This does not include Cannabis Production and Distribution, unless
operating pursuant to a registration certificate issued by the Federal Government
for personal production or designated personal production for medical cannabis.
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B. Urban Indoor Farms - means the cultivation and harvesting of plant and/or
animal products primarily within enclosed buildings for the primary purpose of
wholesale or retail sales. Accessory activities may include on-site sales,
composting of plants grown on-site, outdoor storage, and food packaging and
processing. Typical activities include vertical farms, hydroponic systems and
aquaponics systems. This use does not include Livestock Operations, Rural
Farms, Recreational Acreage Farms, Urban Outdoor Agriculture, Urban Gardens,
or Cannabis Production and Distribution, unless operating pursuant to a
registration certificate issued by the Federal Government for personal production
or designated personal production for medical cannabis.
C. Urban Outdoor Farms - means the cultivation and harvesting of plant and/or
animal products in urban areas, primarily as an interim use on idle or under-used
land for the primary purpose of wholesale or retail sales. Cultivation and
harvesting may occur within unenclosed structures primarily lit by natural light
and used for the extension of the growing season, such as cold frames and
greenhouses. Accessory structures may include those used for the operation of
the site. Accessory activities may include on-site sales, composting of plants
grown on-site, or outdoor storage. This use does not include Livestock
Operations, Rural Farms, Urban Gardens, or Cannabis Production and
Distribution, unless operating pursuant to a registration certificate issued by the
Federal Government for personal production or designated personal production
for medical cannabis.
D. Urban Gardens - means the cultivation and harvesting of plant and/or animal
products in urban areas for the primary purpose of beautification, education,
recreation, or social or community programming. Accessory buildings or
structures may include those used for the operation of the site and the extension
of the growing season, such as cold frames and greenhouses. On-site sales and
processing of plants or animal products are prohibited. Accessory activities may
include outdoor storage or composting of plants grown on-site. Typical
activities include community gardens. This use does not include Livestock
Operations, Rural Farms, Recreational Acreage Farms, Urban Indoor Farms,
Urban Outdoor Farms, or Cannabis Production and Distribution, unless operating
pursuant to a registration certificate issued by the Federal Government for
personal production or designated personal production for medical cannabis;
"AND" - means both, does not mean and/or;
"AMENITY AREA" - means an area which shall be provided subject to the
regulations of this Bylaw and which must be developed for the active or passive
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recreation and enjoyment of the occupants of a residential development. Such area
may be for either private or communal use and may be under either individual or
common ownership;
"AMENITY AREA - PRIVATE OUTDOOR" - means an amenity area which shall
be provided subject to regulations in this Bylaw but which must be developed for the
active or passive recreation and enjoyment of the residents of a specific dwelling
unit and which is immediately adjacent to and directly accessible from the dwelling
unit it is intended to serve;
"AREA OF COPY" - means the entire area within a single common continuous
perimeter enclosing the extreme limits of the advertising message, announcement
or decoration on the sign, and shall be for the purpose of area calculation square or
rectangular in shape;
"AREA REDEVELOPMENT PLAN" - means a plan accepted or adopted by Council
as an area redevelopment plan pursuant to Section 634 of the Municipal
Government Act;
"AREA STRUCTURE PLAN" - means a plan accepted or adopted by Council as an
area structure plan pursuant to Section 633 of the Municipal Government Act;
"BACKLOT" - means a lot which has other developable property between it and the
lake, but does not include lots where the only property existing between them and
the lake is a road, environmental reserve, or park reserve;
"BED AND BREAKFAST OPERATION" - means a minor and ancillary/subordinate
commercial use of a residence where accommodation is provided for periods of
fourteen (14) days or less in three or fewer guest rooms.
"BOAT HOUSE" - 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;
"BUILDING" - includes any structure, erection, stockpile, sign or fixture that may
be built or placed on land;
"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;
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"CANNABIS" - means cannabis plant, fresh cannabis, dried cannabis, cannabis oil
and cannabis plant seeds and any other substance defined as cannabis in the
Cannabis Act and its regulations, as amended from time to time and includes edible
products that contain cannabis;
"CANNABIS CONSUMPTION FACILITY" - means a development, or any part
thereof, licensed to sell cannabis to the public for consumption within the premises;
"CANNABIS RETAIL SALES" - means a retail store licensed by the Province of
Alberta where Cannabis and Cannabis Accessories are sold to individuals who attend
the premises;
"CANNABIS PRODUCTION AND DISTRIBUTION" - means a
development in a stand-alone building used principally for one or more of
the following activities as it relates to Cannabis:
the production, cultivation, and growing of Cannabis;
the processing of raw materials;
the making, testing, manufacturing, assembling, destruction or in
any way altering the chemical or physical properties of semi-
finished or finished goods or products;
the storage or trans-shipping of materials, goods, and products; or
the distribution and sale of materials, goods, and products to
Cannabis Retail stores.
Medical Cannabis Production and Distribution Facilities shall not include storefront
retail sales;
"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;
"CANOPY SIGN" - see SIGN, CANOPY;
"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;
"CHATTEL" - means a moveable item of personal property;
"CORNER" - means the intersection of any two property lines of a parcel;
"CORNER PARCEL" - see PARCEL, CORNER;
"COUNCIL" - means the Council of the Summer Village of Sandy Beach;
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"CURB CUT" - means the lowering of a curb, sidewalk or boulevard to provide
vehicular access to a parcel;
"DAY CARE FACILITY" - means a facility and program for the provision of care,
maintenance and supervision for four or more children under the age of fifteen
years, by a person other than one related by blood or marriage, for periods of more
than three (3) but less than twenty-four (24) consecutive hours, other than
institutions operated by or under the authority of the Director of Child Welfare;
"DECK" - means a hard surfaced (usually wooden) area usually adjoining a dwelling
unit; no 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 site and
containing adequate surface elevation to preclude marshland, wetland, or high
water 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:
(i) 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,
(ii) in a building or on a parcel used for dwelling purposes, any increase in
the number of dwelling units 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,
(iii) the placing of refuse or waste material on any land,
(iv) the resumption of the use for which land or buildings had previously
been utilized,
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(v) the use of the land for the storage or repair of motor vehicles or other
machinery or equipment,
(vi) the continued use of land or of a building for any purpose for which it
is being used unlawfully when this Bylaw comes into effect,
(vii) 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,
(viii) the erection of signs,
(ix) the recommencement of any use to which the land or buildings had
been, previously put, if that use had been discontinued for a period of
more than six months, and
(x) removal of top soil, trees and earth and gravel extraction from the
land,
(xi) the installation of any type of sewage disposal system including, but
not limited to, holding tanks and outside privies,
(xii) the digging of a well or installation of a water cistern;
"DEVELOPMENT AUTHORITY" - means a Development Authority established
pursuant to Section 624 of the Municipal Government Act and may include one
or more of the following: a Development Officer, Municipal Planning
Commission, Council, or any other person or organization that has been
authorized by Bylaw to exercise development powers on behalf of the
municipality;
"DEVELOPMENT OFFICER" - means the official or officials of the Municipality
with the responsibility of receiving, considering and deciding on applications for
development under this Land Use 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;
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"DISCONTINUED" - means the time at which, in the opinion of the
Development Officer, substantial construction activity or a non-conforming use or
conforming use has ceased;
"DISCRETIONARY USE" - means a use of land or buildings provided for in the
District Regulations of this Bylaw, for which a development permit may be issued
with or without conditions;
"DOUBLE FRONTING PARCEL" - means a corner parcel which is not a
flanking parcel, but also includes a parcel which abuts two public streets (except
alleys as defined in the Highway Traffic Act), which are parallel or nearly parallel
where abutting the parcel;
"DRIVE-IN BUSINESS" - means an establishment which services customers
traveling in motor vehicles driven onto the parcel where such business is carried
on, where normally the customer either remains in the vehicle for service, or
parks his vehicle for a short period for the purpose of doing business at the
premises, and includes service stations;
"DWELLING" - means any building used principally for human habitation and
which is supported on a permanent foundation extending below ground level,
and includes single detached dwellings, but does not include temporary living
accommodations;
"DWELLING UNIT" - means a self-contained living premise with cooking,
eating, living, sleeping and/or sanitary facilities for domestic use of one or more
individuals;
"EASEMENT" - means a right to use land, generally for access to other property
or as a right-of-way for a public utility;
"EDUCATION SERVICE" - means the assembly for education, training, or
instruction;
"EXCAVATION" - means any breaking of ground, except common household
gardening and ground care;
"EXTENSIVE AGRICULTURE" - means a system of tillage which depends upon
large areas of land for the raising of crops. Extensive agricultural uses include
buildings and other structures incidental to farming;
"EXTENSIVE LIVESTOCK OPERATION" - means a farming operation
involving the rearing of livestock either in conjunction with or separate from an
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extensive agricultural operation, where the density of animals on the subject lot
is less than is required to be classified by Alberta Agriculture and Food and Rural
Development as an intensive livestock operation;
"FENCE" - means a vertical physical barrier constructed to prevent visual
intrusion, sound abatement or unauthorized access;
"FLANKING PARCEL" - means a corner parcel on which a side boundary is
abutting onto a street and where all other parcels which are within 9.1 m
(30.0 ft.) of the parcel have no front boundary on the same street;
"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 but not including the floor areas of
basements, attached garages, sheds, open porches or breezeways;
"FOUNDATION" - means the lower portion of a building, usually concrete or
masonry, and includes the footings which transfer the weight of and loads on a
building to the ground;
"FREESTANDING SIGN" - see SIGN, FREESTANDING;
"FRONT YARD" - see YARD, FRONT;
"FRONTAGE" - means the length of a street boundary measured along the
front lot line;
"GARAGE" - means an accessory building or part of the principal building,
designed and used primarily for the storage of motor vehicles;
"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;
"GREENHOUSE" - means the growing, storage and basic processing of fruits,
vegetables, household and ornamental plants, and may include the sales or their
products or by-products. This use does not include cannabis grown for medical
or recreational purposes;
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"GROSS LEASABLE AREA" - means the total floor area of the building
contained within the outside surface of the exterior and basement wall, but
excludes mechanical and utility rooms, public washrooms, and stairwells;
"GROUP CARE FACILITY" - means a facility which provides resident services
to seven or more individuals of whom one or more are unrelated. These
individuals may be aged, disabled or are undergoing rehabilitation, and are
provided services to meet their needs. This use includes supervised facilities
such as group homes (all ages), halfway houses, resident schools, resident
facilities and foster or boarding homes, and psychiatric care facilities. These
facilities are not intended to include major institutional care facilities such as
hospitals;
"GUEST HOUSE" - means an accessory building, used for seasonal or part time
which may contain sleeping facilities or additional facilities, and may be in
addition, but is secondary to the principal dwelling. The guest house may not be
rented for accommodation;
"HABITABLE ROOM" - means a room or enclosed space used or usable for
human occupancy, including but not limited to kitchens, bedrooms, living rooms,
family rooms and dens, excluding NON-HABITABLE ROOMS which include
bathrooms, laundries, pantries, foyers, hallways, entry ways, storage areas and
rooms in basements and cellars used only for recreational purposes or any space
in a dwelling providing a service function and not intended primarily for human
occupancy;
"HALF STOREY" - see STOREY, HALF;
"HOME OCCUPATION" - means an occupation carried on within a dwelling unit
or manufactured home and which is not visible or noticeable in any manner from
outside the dwelling. Such occupation is an accessory use and is secondary to
the residential occupancy and does not change the character thereof;
"INDOOR EATING ESTABLISHMENT" - means an establishment where a
combination of food and non-alcoholic drink are intended to be consumed within
the confines of the establishment;
"INTERIOR PARCEL" - see PARCEL, INTERIOR;
"LAKEFRONT DWELLING" - means dwellings whose properties extend to the
lakeshore or that are only separated from the lakeshore by a road, municipal
reserve, or environmental reserve;
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"LANDSCAPING" - means to preserve or change the natural features of a
parcel by adding lawns, trees, shrubs, ornamental plantings, fencing, walks,
driveways or other structures and materials as used in modern landscape
architecture;
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which
does not exceed 10.0 m (32.8 ft.) and is not less than 6.0 m (19.7 ft.) wide, and
which provides a secondary means of access to a parcel or parcels, or as defined
as an alley in the Highway Traffic Act;
"LIVING ROOM" - means any room in a dwelling unit used primarily for the
social activities of the occupants and which is designed for general living whether
or not combined with specific activities such as dining, food preparation or
sleeping;
"LOADING SPACE" - means an off-street space on the same parcel as a
building or group of buildings, for the temporary parking of a commercial vehicle
while commodities are being loaded or unloaded;
"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;
"LOT - LAKEFRONT" - means those lots that extend to the lakeshore, are
adjacent to the lakeshore, or would be if not separated from the lakeshore by
roads, municipal reserves or environmental reserves. Excludes any existing park
or reserve land, public roadways or public utility lots;
"MANUFACTURED HOME" - means a dwelling which is constructed with a
chassis or related assembly that allows for the permanent or temporary
attachment of a hitch and assembly to enable relocation of the dwelling. A
manufactured home may be a single structure (single wide) or two parts which
when put together (double wide) comprises a complete dwelling. Manufactured
homes do not include stick built dwellings, modular homes, mobile homes, or
temporary living accommodation. Under this Bylaw, a manufactured home
features the following design standards1
a)
a minimum roof pitch of 5 cm (2 inches) of vertical rise for every 30.5 cm
(12 inches) of horizontal run (2:12 pitch);
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b)
have a roof surface of wood or asphalt shingles, clay or concrete tile, slate
shingles, sheet metal shingles, or hand split shakes;
c)
have a minimum roof overhang or eaves of 30.5 cm (1 foot) from the
primary surface of each façade;
d)
have a minimum length width (or width length) ratio of 2:1;
e)
meets the National Building Code of Canada CAN/CSA A277 standard; and
f)
constructed after January 1, 1996.
"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
Council, have a limited impact on surrounding uses, or which is intended to serve
a small or local rather than a major or municipal area;
"MINOR EATING OR DRINKING ESTABLISHMENT" - means development
where prepared food and beverages (both non-alcoholic and alcoholic) are
offered for sale to the public, for consumption within the premises. This use
class includes neighbourhood pubs, licensed restaurants, cafes, delicatessens,
tea rooms, lunch rooms;
"MOBILE HOME" - means a dwelling which was constructed prior to January 1,
1996, does not meet the National Building Code of Canada CAN/CSA A277
standard, with a chassis or related assembly that allows for the permanent or
temporary attachment of a hitch and wheel assembly to enable relocation of the
dwelling. A mobile home does not include a modular home, manufactured
home, temporary living accommodation or single detached dwelling as described
in this Bylaw. A mobile home may be a single structure (single wide) or two
parts which when put together (double wide) comprises a complete dwelling;
"MANUFACTURED HOME LOT" - means the space allotted for the installation
of one (1) manufactured home in any manufactured home park or manufactured
home subdivision;
"MODULAR HOME" - means a dwelling which is prefabricated or factory built
and which is assembled on the parcel in sections, but such sections have neither
chassis, nor running gear or its own wheels, and the sections may be stacked
side by side or vertically. Furthermore Modular Home means a dwelling which
has a length to width (or width to length) ratio of no greater than 2:1. This rule
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shall not apply to those portions of a dwelling which are deemed by the
development authority to be neither deck nor attached garage. A modular
home does not include a single detached dwelling, manufactured home,
temporary living accommodation, or mobile home;
"MUNICIPAL DEVELOPMENT PLAN" - means a plan adopted by Bylaw as a
Municipal Development Plan pursuant to Section 632 of the Municipal
Government Act;
"MUNICIPALITY" - means the Summer Village of Sandy Beach;
"NON-CONFORMING BUILDING" - means a building:
(i) that is lawfully constructed or lawfully under construction at the date a Land
Use Bylaw or any amendment thereof affecting the building or land on which the
building is situated becomes effective, and
(ii) that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or when constructed will not, comply with the Land Use
Bylaw;
"NON-CONFORMING USE" - means a lawful specific use:
(i) being made of land or a building or intended to be made of a building lawfully
under construction, at the date the Land Use Bylaw or any amendment thereof
affecting the land or building becomes effective, and
(ii) that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction, will not
comply with the Land Use Bylaw;
"OCCUPANCY" - means the use or intended use of a building or part thereof
for the shelter or support of persons or property;
"OFF-SITE SIGN" - see SIGN, OFF-SITE;
"OFF-STREET PARKING" - means an off-street facility for the parking of three
or more vehicles;
"ON-PARCEL SEWAGE DISPOSAL SYSTEM" - means a method of treating
effluent recognized by Alberta Labour and/or Alberta Environment involving the
containment of sewage effluent in an impermeable holding tank for transfer to a
central depot for decomposition or the actual primary or secondary treatment of
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sewage effluent on the parcel of its origin and may include a septic tank, holding
tank or evapo-transpiration mound system but does not include pit style privies.
"OUTDOOR EATING ESTABLISHMENT" - means a commercial development
where food and beverages are prepared and served for consumption on-site by
the public either outside or inside the confines of the establishment. This use
does not include a Cannabis Consumption Facility;
"PARAPET WALL" - means that part of an exterior, party wall or fire wall
extending above the roof line or a wall which serves as a guard at the edge of a
balcony or roof;
"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, CORNER" - means a parcel at the intersection of two abutting
streets;
"PARCEL COVERAGE" - means the combined area, measured at 1.0 m (3.0 ft.)
above grade, of all buildings on a parcel excluding all features which would be
permitted under this Bylaw as projections into required yards;
"PARCEL DEPTH" - means the average distance between the front and rear
property lines;
"PARCEL, INTERIOR" - means a parcel which is bounded by only one street;
"PARCEL, LAKEFRONT" - see LOT, LAKEFRONT;
"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;
"PARK" - means a parcel of land designated for public use as municipal reserve
land or by Resolution or Bylaw of Council;
"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 space set aside for the parking of one vehicle;
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"PERMITTED USE" - means the use of land or a building provided for in this
Bylaw for which a development permit shall be issued, with or without
conditions, upon an application having been made which conforms to the Land
Use Bylaw;
"PLACES OF WORSHIP" - means development owned by a religious
organization used for worship and related religious, philanthropic, or social
activities including rectories, manses, classrooms, dormitories and accessory
buildings. Typical uses include churches, chapels, mosques, temples,
synagogues, parish halls, convents and monasteries;
"PLANTING" - see LANDSCAPING;
"PRINCIPAL BUILDING" - means a building which, in the opinion of the
Development Authority,
(i) occupies the major or central portion of a parcel,
(ii) is the chief or main building among one or more buildings on the parcel, or
(iii) constitutes by reason of its use the primary purpose for which the parcel is
used;
"PRINCIPAL USE" - means the primary purpose, in the opinion of the
Development Authority, for which a building or parcel is used. There shall be no
more than one principal use on each parcel unless specifically permitted
otherwise in the Bylaw;
"PRIVATE CLUB OR LODGE" - means a development used for the meeting,
social or recreational activities of members of non-profit, philanthropic, social
service, athletic business or fraternal organizations, and does not include any on
parcel residence;
"PRIVATE LIQUOR OUTLET" - means a development where alcoholic
beverages are offered to the public for retail sale and consumption off premises;
"PRIVY" - means an indoor and/or outdoor toilet facility and/or outhouse;
"PUBLIC PARK" - means an active or passive public recreation area together
with any accessory buildings or uses complimentary to the said recreational
purpose;
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"PUBLIC USES" - means a building, structure or lot used for public services by
the Municipality, by any Department, Commission or Agency of any other
Municipal Corporation or Government of Alberta or Canada, or by any Railway
Company or Utility;
"PUBLIC UTILITY" - means the right of way for one or more of the following:
sanitary and storm water sewerage, telecommunications systems, water works
systems, irrigation systems, systems for the distribution of gas, whether natural
or artificial, systems for the distribution of artificial light or electric power and
heating systems;
"PUBLIC UTILITY BUILDING" means a building to house a public utility, its
office or equipment;
"REAL PROPERTY REPORT" - means a codified standard report adopted by
the Alberta Land Surveyor's Association which contains pertinent information on
a parcel of land and the development which exists on the property;
"REAR YARD" - see YARD, REAR;
"RECREATIONAL EQUIPMENT" - means any permanent building, the
intended use of which is for either active or passive recreation. Certain types of
sidewalk furniture may be classified as recreational equipment at the discretion
of the Development Officer;
"RECREATIONAL USE" means a development providing for commercial or
non-commercial leisure activities located to take advantage of the natural
setting, without restricting the generality of the foregoing, this shall include:
i) non-facility oriented recreational activities such as hiking, cross country skiing,
rustic camping, and other similar uses, and
ii) means an active or passive recreational use and any facility or building
required to carry out said activity;
"RESTAURANT" means a facility for the primary operation of a full service, sit
down, eating establishment but excludes the operation of a purely drinking
establishment, bar, lounge, pool hall, casino, video lottery terminals and private
liquor outlet;
"RETAIL ESTABLISHMENT" - means a development used for the retail sale of
a wide variety of consumer goods including the following and such similar uses
as, groceries and beverages, electronic goods, furniture and appliances,
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hardware and home improvement supplies, household goods, printed matter,
confectionary, pharmaceutical and personal care items, office supplies,
stationary, etc. This use does not include Cannabis Retail Sales;
"RETAIL STORE, DRUG PARAPHERNALIA" - means a development used for
the retail sale of any product, equipment, thing or material of any kind primarily
used or intended to be primarily used to produce, process, package, store, inject,
ingest, inhale or otherwise introduce into the human body a controlled substance
as defined in the Controlled Drugs and Substances Act, R.S.C. This Land Use
does not include: a licensed pharmacy under Section 5 of the Pharmacy and
Drug Act, R.S.A. 2000, c P-13; a medical practice, operated by a physician,
dentist or pharmacist as defined in the Health Professions Act, R.S.A., c. H-7; or
a veterinary practice, as defined in the Veterinary Profession Act, R.S.A. 2000, c.
V-2;
"ROOF SIGN" - see SIGN, ROOF;
"SEPARATION SPACE" - means the horizontal open space provided around a
dwelling to ensure no conflict of visibility from dwellings and adequate light, air
and privacy, for activities undertaken within the dwelling. Unless otherwise
specified in this Bylaw, a separation space may be partially or entirely outside the
parcel boundaries of a dwelling unit;
"SERVICE STATION" - means a parcel or the portion thereof used or intended
to be used for any of the following: the servicing or repairing of motor vehicles,
the sale of gasoline, the sale of lubricating oils and other automotive fluids,
accessories for motor vehicles, and a towing service dispatch point;
"SETBACK" - means the minimum horizontal distance between the parcel
boundary and the nearest point on the exterior wall or chimney of the building,
or another part of the building if specified elsewhere in this Bylaw;
"SEWAGE COLLECTION SYSTEM" - means a privately or publicly owned
system for treating sewage effluent, recognized by Alberta Environment,
consisting of either a communal or an on-site sewage collection system;
"SEWAGE COLLECTION SYSTEM - COMMUNAL" - means a sewerage
project for sewage disposal (as defined under Safety Codes Act) which involves
the transfer of effluent from its place of origin, such as an On-Site Sewage
Collection System, to a central holding area, such as a lagoon, where primary
and secondary treatment can occur;
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"SEWAGE COLLECTION SYSTEM - ON SITE" - means a method of sewage
collection, and treatment recognized under the Safety Codes Act. Sewage
containment systems may include impermeable holding tanks for transfer to a
communal sewage collection system, septic fields, and evaporation mounds, but
does not include any form of outhouse or privy that is not capable of
accommodating grey water waste;
"SHORT FORM" - means an abbreviation;
"SHOW HOME" - means a permanent dwelling which is constructed for the
temporary purpose of illustrating to the public the type or character of a dwelling
or dwellings to be constructed in other parts of a subdivision or development
area. Show homes may contain offices for the sale of other lots or dwellings in
the area;
"SIGN" - means an object or device intended for the purpose of advertising or
calling attention to any person, matter, thing or event, the specifications, design
and location of which must first be approved by the Development Authority;
"SIGN, CANOPY" - means a sign which is part of or attached to the outside
edge of a canopy;
"SIGN, FREESTANDING" - means a sign supported by one or more uprights,
braces or pylons, and which stands independently of buildings;
"SIGN, OFF-SITE" - means a sign that advertises goods, products, services or
facilities, or directs persons to a different location from where the sign is located.
Such a sign is not located on the parcel of the goods, products, services or
facilities advertised;
"SIGN, PROJECTING" - means a sign which is affixed to any building or part
thereof and extends beyond the building wall or parts thereof by more than
0.3 m (1.0 ft.). This does not include a sign attached to the ground;
"SIGN, ROOF" - means any sign erected upon, against or directly above a roof
or on top of or above the parapet wall of a building;
"SIGN, UNDER-CANOPY" - means a sign which is attached to the bottom face
of a canopy;
"SIGN, WALL" - means a sign that is attached to or placed flat against the
exterior wall or surface of any building, no portion of which projects more than
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0.1 m (0.33 ft.) from the wall, and which does not project above the roof or
parapet;
"SINGLE DETACHED DWELLING" - means a complete building intended to
be used as a permanent residence not separated from direct access to the
outside by another separate or self-contained portion of a building and has a
length to width ratio of no more than 2.0 :1. Does not include a mobile home,
manufactured home, or modular home as defined under this Bylaw;
"SPLIT LEVEL" - means a dwelling that has three separate living areas, each
separated from the next by one half-store;
"STATUTORY PLAN" - means a municipal plan, area structure plan or area
redevelopment plan pursuant to the Municipal Government Act;
"STOREY" - means the habitable space between the upper face of one floor and
the next above it. The upper limit of the top storey shall be the ceiling above the
topmost floor. A basement or cellar shall be considered a storey in calculating
the height of a building if the upper face of the floor above it is more than 1.8 m
(5.9 ft.) above grade;
"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 AND DEVELOPMENT APPEAL BOARD" - means a
subdivision and development appeal board appointed pursuant to the Municipal
Government Act;
"SUBDIVISION AUTHORITY" - means a subdivision authority established
pursuant to Section 623 of the Municipal Government Act. The Council has been
authorized by this Bylaw to exercise subdivision authority powers on behalf of
the municipality;
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"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;
"TEMPORARY BUILDING" - means a structure that has been permitted to
exist for a limited time only;
"TEMPORARY LIVING ACCOMMODATION" - means any recreational vehicle,
(holiday trailer, motor home, camper or tent trailer) situated on a residential lot;
"TRAFFIC ISLAND" - means an area or space officially set aside within a street
lane or parking lot as prohibited for use by motor vehicles and which is marked
or indicated by construction as to be plainly visible at all times;
"USE" - means a use of land or a building as determined by the Development
Officer and/or Council;
"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;
"WATER DISTRIBUTION SYSTEM" - means a waterworks system (as defined
in the Plumbing and Drainage Act) that serves 2 or more dwelling units which is
registered by title only, on all titles involved;
"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
lot, 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
Environment and Sustainable Resource Development) and the wall of the main
building facing the lake;
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"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;
"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 building.
All other words and expressions have the meanings respectively assigned to
them in the Municipal Government Act.
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PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY
1. The Development Authority for the Summer Village of Sandy Beach is established
under this Bylaw pursuant to Section 624 of the Municipal Government Act.
2. The Development Authority for the Summer Village of Sandy Beach is:
i)
the person(s) appointed by resolution of Council as Development Officer
pursuant to this Bylaw, and
ii)
the Municipal Planning Commission established by Bylaw pursuant to the
Municipal Government Act.
iii)
the Council for the Summer Village of Sandy Beach in matters related to
Direct Control Districts.
3. The office of the Development Officer is established through this Bylaw and shall
be filled by person(s) employed, or contracted, by the Summer Village of Sandy
Beach.
4. The Development Authority shall be carried out in accordance to powers and
duties described in the Municipal Government Act, regulations established under
the Act, and this Bylaw, as amended from time to time.
5. For the purpose of the Development Authority, the Development Officer is
hereby declared to be an authorized person of the Summer Village of Sandy
Beach.
6. The Development Officer shall perform such duties that are specified under this
Bylaw.
7. The Development Officer 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 or all applications for development, including the decisions
thereon and the reasons therefor.
8. For the purposes of right of entry, the Development Officer is hereby declared an
authorized person of Council.
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9. For the purposes of Section 542 of the Act, the Development Officer is hereby
designated as authorized by the Municipality to discharge the relevant powers
and functions.
2.2
ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by a separate Municipal Planning
Commission Bylaw of the Summer Village of Sandy Beach, as amended.
The Municipal Planning Commission shall perform such duties as are specified in this
Bylaw and as are specified in the Municipal Planning Commission Bylaw.
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL
BOARD
1. The Subdivision and Development Appeal Board for the Summer Village of Sandy
Beach, as established through the Summer Village of Sandy Beach Subdivision
and Development Appeal Board Bylaw, as amended, shall perform the duties and
functions as described in the Bylaw and the Act.
2. The Subdivision and Development Appeal Board shall review all appeal
applications within its jurisdiction for development appeal, stop order appeal, and
subdivision application appeal.
2.4
AMENDMENT OF THE LAND USE BYLAW
1. The Council on its own initiative may give first reading to a bylaw to amend this
Land Use Bylaw.
2. A person may make application to the Development Officer for amendment to
this Land Use Bylaw. The application shall include:
a) a statement of the specific amendment requested;
b) the purpose and reason for the application;
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c) if the application is for a change of district, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
d) the applicant's interest in the lands;
e) an application fee to be determined by resolution of Council;
f) the cost of advertising for the public hearing; and
g) such other information as the Development Officer or Council deems
necessary to assess the motive of the application.
3. Upon receipt of a completed application along with all information required to
process the application for amendment to this Land Use Bylaw, the Development
Officer shall determine when the application will be placed before the Council
and shall issue not less than ten (10) days notice to the applicant advising that
he may appear before Council at that time, and speak to the application. The
Development Officer shall place an application for amendment before the council
within sixty (60) days of its receipt.
4. The Council, in considering an application for an amendment to this Land Use
Bylaw, may at its sole discretion:
a) refer the application for further information; or
b) pass first reading to a bylaw to amend this Land Use Bylaw, with or without
modifications; or
c) pass first reading of an alternate amendment to this Land Use Bylaw.
5. Following first reading to an amending bylaw, Council shall:
a) establish the date, time and place for a public hearing on the proposed
bylaw;
b) outline the procedure to be followed by anyone wishing to be heard at the
public hearing; and
c) outline the procedure by which the public hearing will be conducted.
6. Following passage of the first reading to an amending bylaw, the Development
Officer shall issue notice of the public hearing:
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a) by publication in two issues of a newspaper circulating in the area, the
publication date of the second issue being not less than five (5) days
preceding the date of the hearing; and
b) by mailing notice no less than ten (10) days preceding the date of the
hearing to:
(i) the applicant, and
(ii) to the registered owner of the land, if not the applicant, and the owners
of adjacent land if the proposed bylaw will result in a change of district
designation.
7. The notice of the public hearing shall provide the following information:
(a) the purpose of the proposed bylaw;
(b) the date, time and place of the public hearing;
(c) that the proposed bylaw and any public documents applicable to the
proposed bylaw may be inspected at the Summer Village Office at all
reasonable times;
(d) the procedure for the public hearing.
8. Prior to the public hearing, the Development Officer may forward a copy of the
proposed bylaw to any Agency or organization the Summer Village determines
may have an interest in the proposed amendment.
9. At the public hearing, Council shall hear:
(a) any person or group of persons acting on his or their behalf, who:
(i) has complied with the procedures outlined by Council, and
(ii) claims to be affected by the proposed bylaw; and
(b) any other person who wishes to make representations and whom Council
agrees to hear.
10. Council after considering:
(a) any representations made at the public hearing; and
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(b) the Municipal Development Plan, any other Statutory Plan affecting the
subject property, and the provisions of the Land Use Bylaw;
may
(A) make such amendments or changes as it considers necessary to the proposed
bylaw, if any, and proceed to pas the proposed bylaw; or
(B) defeat the proposed bylaw.
11. Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and/or negotiate a development agreement in
respect of the proposal which initiated the application for amendment.
12. After third reading of the proposed bylaw, the Development Officer shall send a
copy of it to:
(a) The applicant; and
(b) The registered owner of the land if different from the applicant.
2.5
SECTIONS FOUND TO BE INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, all remaining provisions are to remain in full force and in effect.
2.6
FORMS
For the purpose of administrating the provisions of this Land Use Bylaw, Council
shall, by resolution, authorize the preparation and use of such forms and notices as
it deems necessary.
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PART 3 - DEVELOPMENT PERMITS
3.1
CONTROL OF DEVELOPMENT
No development other than that designated in Section 3.2 of this Bylaw shall be
undertaken within the municipality unless an application for it has been approved
and a development permit has been issued.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
All development undertaken in the municipality requires an approved development
permit prior to commencement, except the following provided the development
conforms to all other provisions of this Bylaw:
(a) the carrying out of works of improvement, maintenance or renovation to any
building provided that such works do not include structural alterations or
additions;
(b) the completion of any development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit granted in
respect of it, and provided that the development is completed within the time
limit of such a permit or within twelve (12) months of the effective date of the
Bylaw, whichever is earlier;
(c) the use of any such development as is referred to in subsection (b) for the
purpose for which development was commenced;
(d) the erection or construction of gates, fences, walls or other means of enclosure
less than 0.9 m (3.0 ft.) in height in front yards and less than 1.8 m (6.0 ft.) in
other yards, and the maintenance or improvements of any gates, fences or walls
or other means of enclosure. No electrical or barbed wire fences shall be
permitted within the corporate boundaries of the Summer Village;
(e) the erection or placement of a temporary building, the sole purpose of which is
incidental to the erection of a building for which a development permit has been
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granted, provided the temporary building is removed within thirty (30) days of
substantial completion or as determined by the development officer;
(f) 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;
(g) any development carried out by or on behalf of the Crown but not including that
carried out by or on behalf of a Crown corporation;
(h) any development carried out by or on behalf of the municipality provided that
such development complies with all applicable provisions of this Land Use Bylaw;
(i) a portable garden or tool shed not on a fixed foundation on the residential
parcel, such building not to exceed 9.3 m2 (100.10 ft.2) in floor area and 2.5 m
(8.2 ft.) in height;
(j) development exempted from requiring a development permit under the Municipal
Government Act;
(k) signs posted or exhibited in a building;
(l) signs posted or exhibited in or on an operating motor vehicle if the vehicle is not
temporarily or permanently parked solely for the purpose of displaying the sign;
(m) a statutory or official notice of a function of the Summer Village of Sandy Beach;
(n) traffic signs authorized by the Summer Village of Sandy Beach and/or Alberta
Provincial authorities;
(o) a sign or signs posted or exhibited solely for the identification of the land or
building on which it is displayed, or to give directions to visitors, including
professional, corporate or trade name plates identifying the occupants, if the
sign(s) does not exceed 0.19 m2 (2.0 ft.2) in area, subject to all other orders,
bylaws and regulations affecting such signs;
(p) the erection of a maximum of two on-site signs relating to the sale, lease or
rental of the buildings, or land to which they are attached provided that:
(i)
such signs for any single detached dwelling or single detached dwelling
parcel does not exceed 0.56 m2 (6.0 ft.2) in area, and
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(ii)
such signs for a multiple dwelling parcel, a commercial parcel does not
exceed 3.0 m2 (32.0 ft.2), and
(iii)
such sign shall not be illuminated;
(q) 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 after 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 are not attached to trees or utility poles, and
(v)
such signs indicate the name and address of the sponsor and the person
responsible for removal;
(r) signs on land or buildings used for religious, educational, cultural, recreational,
medical or similar public or quasi-public purposes, provided that:
(i)
such signs shall not exceed 1.10 m2 (12.0 ft.2) in area, and
(ii)
there shall be a limit of one sign for each side of the land or buildings on a
different street;
(s) signs of building contractors relating to construction work in progress on the land
on which such signs are erected, provided that:
(i)
such signs do not exceed 3.0 m2 (32.0 ft.2) in area, and
(ii)
there shall be a limit of one sign for each boundary of the property under
construction which fronts onto a public street, and
(iii)
such signs shall be removed within fourteen (14) days of occupancy;
(t) landscaping where it will not adversely affect the subject or adjacent properties
but does not include changes in grade, stockpiling or excavation;
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(u) hard surfacing of any yard area for the purpose of providing vehicular access
from a public roadway to an on-site parking stall provided that such hard
surfacing does not cause storm drainage to flow onto adjacent properties;
(v) the erection of radio towers, antennas, poles, etc. not exceeding 4.5 m (15 ft.) in
height from grade provided that the structure is not located in the front yard or
on public land (i.e. lakefront or beach areas);
(w) flagpoles shall be permitted in the front yard, so long as same are not erected on
public land;
(x) A home office, provided that the following are adhered to:
(i)
No individual other than the permanent resident of the dwelling unit
operates the home office;
(ii)
No client or customer is received in the dwelling unit for business
purposes;
(iii)
The home office does not generate any pedestrian or vehicular traffic;
(iv)
There are no on-site exterior signs or advertisements of the home office;
(v)
No materials, goods or finished products for business purposes are stored
on-site; and
(vi)
The home office is operated as an accessory use only and must not
change the residential character or external appearance of the dwelling
unit.
3.3
SAME OR SIMILAR USES
The uses which are listed in the permitted and discretionary use columns under the
land use districts are not intended to be exclusive or restrictive. Where a specific
use does not conform to the wording of any definition, the Development Authority
may, at his/her discretion, determine that the use conforms to the spirit and intent
of the purpose of the land use district and is determined "same" or "similar" to other
uses allowed in that land use district. Notwithstanding the above, all uses defined
as "same" or "similar" shall be considered discretionary.
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3.4
DEVELOPMENT PERMIT APPLICATIONS
1. An application for a development permit shall be made to the Development
Authority in writing:
(a) on the form prescribed by Council and may be accompanied by:
(i) a scaled parcel plan in duplicate showing the legal description, the front,
rear, and side yards and provision for off-street loading and vehicle
parking,
(ii) a scaled floor plans, elevations and sections in duplicate,
(iii) a statement of existing and proposed uses,
(iv) a statement of registered ownership of land and interest of the applicant
therein together with a copy of the Certificate of Title indicating
ownership and encumbrances,
(v) the estimated commencement and completion dates,
(vi) the estimated cost of the project or contract price, and
(vii)
such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development;
(b) the Development Authority may refuse to accept an application for a
development permit where the information required by Section 3.4.1(a) has
not been supplied or where, in the opinion of the Development Authority, the
quality of the material supplied is inadequate to properly evaluate the
application; and
(c) the Development Authority may review an application and make a decision
without all of the information required by Section 3.4.1(a), if it is the opinion
of the Development Authority that a decision on the application can be
properly made without such information.
2. A non-refundable processing fee, the amount of which being determined by
Council from time to time, shall accompany each application for a development
permit. Where the development has initiated prior to the Development Permit
being issued, the fee for the said permit is double the normal rate.
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3. The municipality may register a caveat pursuant to the provisions of the Land
Titles Act and the Municipal Government Act in respect of the development
agreement against the Certificate of Title for the land that is the subject of the
development, with the said caveat being discharged when the agreement has
been complied with.
4. In the case where an application for a development has been refused by the
Development Authority or ultimately after appeal pursuant to Part 3 of this
Bylaw, the submission of 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 refusal.
3.5
DEVELOPMENT PERMITS AND NOTICES
1. A permit issued pursuant to this part shall come into effect:
(a) after the twenty-first (21) day of the date of the issue of the Notice of
Decision by the Development Officer on the application for development
permit (14 day appeal period & 7 days for mailing in province); or
(b) if an appeal is made, on the date that the appeal is finally determined and
the permit may be modified of nullified thereby.
Any development proceeded with by the applicant prior to the expiry of the
above is done solely at the risk of the applicant.
2. On the same date a development permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms
described as follows:
(a) mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer, be affected; and/or
(b) post a notice of the decision conspicuously on the property for which the
application has been made; and/or
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(c) publish in a newspaper circulating in the municipality a notice of the decision.
3. If the development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, of the date of decision of the Subdivision and
Development Appeal Board, nor carried out with reasonable diligence as
determined by the Development Officer, the permit ceases to be effective, unless
an extension to this period, being no longer than an additional twelve (12)
months, has previously been granted by the Development Officer.
4. The decision of the Development Officer on an application for a development
permit shall be given to the applicant in writing.
5. If the Development Officer refuses an application for a development permit, the
notice of decision shall contain the reasons for the refusal.
6. Notwithstanding other provisions of Section 3.4.1 of this Bylaw, in accordance
with Section 685(3) of the Act, a development permit for a permitted use without
variance does not require notification other than to the landowner and applicant.
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
1. Permitted and Discretionary Use Applications (Non-Direct Control Districts).
(a) The Development Authority shall be the approving authority for all proposed
development, which is listed as either a permitted or discretionary use under
a land use district under this Bylaw.
(b) Upon receipt a completed application for a development permit for a
permitted use, the Development Officer shall approve the application with or
without conditions, where the proposed use conforms to this Bylaw.
Generally, the Development Officer is authorized to approve all permitted use
development permit applications.
(c) Subject to Section 3.6.2(c), the Development Officer is authorized to decide
all discretionary use development permit applications which are related to an
approved use on the subject property.
(d) All development permit applications which are discretionary and not related to
an approved use on the subject property and/or which require a variance to
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any quantitative regulation (i.e., side yard setback) contained in this Bylaw
shall be referred to the Municipal Planning Commission for decision.
(e) The Municipal Planning Commission is authorized to decide all development
permit applications that are referred to it by the Development Officer.
(f) When approving a discretionary use application, the Development Authority
may attach conditions to the approval to ensure that the proposal conforms
to this Bylaw.
(g) The Development Authority shall determine the process for submitting,
receiving, determining the completeness, and reviewing development permit
applications for Cannabis Retail Sales and Cannabis Production and
Distribution Facility.
2. Variance Provisions:
(a) The Development Authority may conditionally approve a proposed use that
does not comply with this Bylaw, if, in its opinion,
(i) the proposed development would not,
(A) unduly interfere with the amenities of the neighbourhood, or
(B) materially interfere with or affect the use, enjoyment, or value of
neighbouring properties, and
(ii) the proposed development conforms to the uses prescribed for that land
or building in this Bylaw.
(b) Notwithstanding the above, a variance shall be considered only in cases of
unnecessary hardship or practical difficulties to the use, character, or
situation of land or building which are not generally common to other land in
the same district.
(c) When considering a variance to quantitative criteria such as floor area or a
site setback, the Development Officer may approve in accordance with this
Bylaw a variance up to a maximum of 20% of the stated regulation. Any
variance requests in excess of 20% shall be referred to the Municipal
Planning Commission.
3. Development Permit Refusals:
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(a) When refusing an application for a development permit, the Development
Authority shall clearly describe the reasons for the said refusal on the notice
of decision.
4. Temporary Permits:
(a) Where a development permit is not required on a permanent basis, the
Development Authority may approve the development permit for a specified
period of time. The expiry date of all temporary development permits shall
be clearly indicated on the notice of decision.
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS
In accordance with Section 684 of the Municipal Government 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 Authority, is not made within forty (40) days
of the completed application being received by the Development Authority unless
the applicant and the Development Authority have mutually entered into an
agreement to extend the forty (40) day period.
3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS
1. If, after a development permit has been issued, the Development Authority
becomes aware that:
(a) The application for the development contains a misrepresentation;
(b) facts concerning the application or the development were not disclosed at the
time the application was considered;
(c) the development permit was issued in error; or
(d) the conditions of Development Permit Approval are not being complied with
in to the satisfaction of the Development Authority,
the Development Authority may suspend or cancel the notice of decision or the
development permit by notice, in writing to the holder of it.
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2. A person whose development permit is suspended or cancelled under this section
may appeal to the Subdivision and Development Appeal Board.
3.9
CONTRAVENTION
1. Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
(a) the Municipal Government Act or the regulations; or
(b) a development permit or subdivision approval; or
(c) the Land Use Bylaw;
the Development Authority may, by notice in writing, order the registered owner,
the person in possession of the land or buildings, or the person responsible for
the contravention or all of them to,
(a) stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
(b) demolish, remove or replace the development; or
(c) take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the
Municipal Government Act, the regulations, a development permit, subdivision
approval or this Bylaw, as the case may be.
2. Where a person fails or refuses to comply with an order directed to him under
Subsection (1) or an order of the Subdivision and Development Appeal Board
under Section 645 of the Municipal Government Act within the time specified, the
Council or a person appointed by it may, in accordance with the Municipal
Government Act, enter upon the land or building and take such action as is
necessary to carry out the order. Where the Council or a person appointed by it
carries out an order, the Council shall cause the costs and expenses incurred in
carrying out the order to be registered as a caveat under the Land Titles Act
against the Certificate of Title for the land that is subject of the order pursuant to
Section 646 of the Municipal Government Act.
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3. Where a notice is issued under Subsection (1), the notice shall state the
following and any other information considered necessary by the Development
Authority:
(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; and
(b) The alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention; and
(c) A time frame in which the contravention must be corrected prior to the
Summer Village pursuing action; and
(d) Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES
This Bylaw may be enforced, and the contravention of any provisions contained
herein restrained, by the Court of Queen's Bench of Alberta 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 3.9 of this Bylaw and/or Section 645 of
the Municipal Government Act,
(d) contravenes a development permit or subdivision approval or 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,
is guilty of an offense and is liable to a fine prescribed in Section 566 of the
Municipal Government Act.
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2. If a person is found guilty of an offense under this Section or 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,
(b) this Bylaw,
(c) an order under this Section 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.
4. If a person is found guilty of an offense under Subsections (1) or (2), the Court
may, in addition to any other penalty imposed, order the person to comply with
the Act, the Summer Village of Sandy Beach Land Use Bylaw, or a development
permit, as the case may be.
5. Where a person is guilty of an offence under Subsection (1) or (2), the person is
liable upon conviction to a fine of not less than $2,500.00 and of not less than
$500.00 for every day that the offence continues.
3.11
DEVELOPERS' RESPONSIBILITY
1. A person to whom a development permit has been issued shall obtain from the
appropriate authority, where applicable, permits and/or approvals required in
connection with the proposed development.
2. The person to whom a development permit has been issued may be required to
notify the Development Officer:
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(a) following the preliminary layout of the site, but prior to the commencement of
actual development therein; and
(b) upon completion of the development for which approval has been given and
which has been authorized by the issuance of the development permit.
3. The Development Officer may require that further to Section 3.11.2(a), the
applicant arrange with the Development Officer for an on-site inspection before
commencing construction.
4. The applicant shall be financially responsible during construction for any damage
by the applicant, his/her servants, suppliers, agents or contractors to any public
or private property.
5. The applicant shall prevent excess soil or debris from being spilled on public
streets, lanes and sidewalks, and shall not place soil or any other material on
adjacent properties without permission in writing from adjacent property owners.
6. Sections 3.11.4 and 3.11.5 may be enforced pursuant to Section 3.10. Any
costs incurred as a result of damage or neglect to public property may be
collected where letters pursuant to Section 3.11.
7. The Development Officer may require a Real Property Report relating to the
building for which a permit is applied.
8. A development permit is not transferable without the prior consent of:
(a) the Development Officer, if the permit was issued by the Development
Officer;
(b) the Municipal Planning Commission, if the permit was issued by the Municipal
Planning Commission;
(c) Council, if the permit was issued by Council with respect to development in a
Direct Control District; or
(d) the Subdivision and Development Appeal Board, if the permit was issued by
the Subdivision and Development Appeal Board.
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PART 4 - GENERAL DEVELOPMENT REGULATIONS
4.1
PRINCIPAL BUILDING OR USE
A maximum of one (1) principal building or principal use shall be considered a
permitted use within any land use district. All other principal buildings or principal
uses shall be considered discretionary.
4.2
DWELLING UNITS ON A PARCEL
1. Subject to Section 4.7, no more than one dwelling shall be placed upon a single
parcel in a residential district within the corporate boundaries of the Summer
Village of Sandy Beach;
2. For the purposes of this Section, each lease area in a manufactured home
court/park shall be regarded as a single parcel.
4.3
BUILDING ATTACHED TO A PRINCIPAL BUILDING
Where a building is attached to the principal building by open or enclosed roof
structure, it is to be considered a part of the principal building and not an accessory
building
4.4
BUILDING ORIENTATION AND DESIGN
The design, character and appearance of any building, or series of buildings,
structure or sign proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to:
(i) amenities such as daylight, sunlight and privacy,
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(ii) the character of existing development in the district, and
(iii) its effect on adjacent parcels.
4.5
RELOCATION OF BUILDINGS
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 on a parcel of a building which has already been
constructed on that parcel, unless the Development Authority approves the
placement or alteration
(c) Notwithstanding any other provision of this Bylaw, no mobile homes may be
moved into the corporate boundaries of the Summer Village of Sandy Beach
after July 1, 2011.
2. An application to "relocate" a building may require:
(a) a colour photograph of the building,
(b) a statement of the present location of the building,
(c) a notification of the relocation route, date, and time that the relocation is to
take place, and
(d) a complete site plan showing all buildings located or to be located on the lot.
3. The Development Authority may require, when a development permit is issued
for a relocated building, a performance bond or a letter of credit related to the
proposed development.
4. The Development Authority may require; when a development permit application
is received to relocate a building, a notice in writing be forwarded to all adjacent
landowners in the receiving neighbourhood.
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5. Any renovations and any conditions imposed by the Development Authority to a
relocated building shall be completed within one year of the issuance of the
development permit. Non-compliance shall result in the forfeiture of the
performance bond or letter of credit.
6. When reviewing development permit applications for moved-in buildings, the
Development Authority shall consider the impact of the proposed moved-in
building on the aesthetics and value of the adjoining properties.
7. In the case of a building to be relocated, it shall, in the opinion of the
Development Authority, be compatible, with respect to age and appearance, with
the buildings in the receiving neighbourhood once all required renovations and
improvements have been completed.
8. An approval shall not be granted under Subsection (1) unless the Development
Authority 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 the building is proposed to be located as well as all
applicable building standards of the Alberta Government.
4.6
EXCAVATION, STRIPPING AND GRADING
1. In all land use districts, no person shall commence or continue the removal of
topsoil, without first obtaining an approved development permit.
2. Pursuant to subsection (1) and in addition to the requirements of Section 21 of
this Bylaw, development permit applications for landscaping shall be
accompanied by a general parcel grading plan, drainage plan and indicate any
existing or proposed retaining wall construction.
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3. The shall be provided upon occupancy of the development, a minimum topsoil
coverage of 7.6 cm (3.0 inches) and the affected area shall be landscaped to the
satisfaction of the Development Authority.
4. In any commercial or industrial land use district, all areas of a parcel not covered
by buildings, parking or vehicular maneuvering areas shall be landscaped to the
satisfaction of the Development Authority.
5. In any commercial land use district, off-street parking lots shall be landscaped by
the planting of trees and/or shrubs in the amount of at least one tree and/or
shrub for every 185.8 m2 (2,000 ft2 ) of parking lot area. The trees and/or
shrubbery shall be of a type and size approved by the Development Authority.
Trees/shrubbery required shall be located within the parking area in locations
where visibility for the safe movement of persons and traffic is not impaired.
6. As a condition of the development permit, all required landscaping and planting
must be carried out to the satisfaction of the Development Authority and within
one (1) year (weather permitting) of occupancy or commencement of operation
of the proposed development.
7. As a condition of a development permit, the Development Authority may require
that the developer provide a financial guarantee, in a form acceptable to the
Summer Village of Sandy Beach, up to the value of the estimated cost of the
proposed landscaping/planting to ensure that such landscaping/planting is
carried out with reasonable diligence.
4.7
PROJECTIONS OVER YARDS
1. Projections on foundation walls and footings or on piles are deemed to be part of
the building and shall not be considered as a projection over a yard.
2. Projections over yards for accessory buildings and garages shall be in accordance
with Section 4.6 of this Bylaw.
3. Dwelling Unit eaves shall be considered part of the dwelling and may project
over a yard provided the projection is no closer than 1.2 meters (3.9 feet) to a
property adjoining a privately owned lot.
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4.8
GARAGES AND ACCESSORY BUILDINGS
1. In residential districts detached garages and accessory buildings shall be located
according to the following:
(a) no closer to the front street than the closest portion of the principal building,
(b) a minimum of 2.0 m (6.56 ft.) from the principal building,
(c) an accessory building shall be situated so that the exterior wall is at least 1.2
m (3.90 ft.) from the side boundaries and 1.0 m (3.28 ft.) from the rear
boundary of the parcel,
(d) an accessory building shall not be more than 5.2 m (17.0 ft.) in height, and
shall not exceed the height of the main building,
(e) where an accessory building is a garage, vehicle access doors shall be a
minimum of 6.0 (20.0 ft.) from the property line with the roadway or lane.
(f) no roof overhang shall be situated within 0.3 m (1.0 ft.) of the side and rear
property boundary, and
(g) an accessory building shall be located in such a manner that it does not
encroach upon easements and rights-of-way.
2. An accessory building shall not be used as a dwelling, subject to Section 4.9.
3. Notwithstanding any other provision of this Bylaw, a maximum of one garage per
lot may be considered a "permitted" use.
4.9
SECONDARY SUITES
1. A secondary suite shall be operated as an accessory use only and shall not
change the residential character of the principal dwelling involved.
2. A secondary suite may be considered within:
(a)
the principal dwelling unit;
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(b)
notwithstanding Section 4.6 of this Bylaw - the second storey of a
detached garage; or
(c)
an accessory building or structure.
3. A development permit for a secondary suite expires upon transfer of ownership
of land upon which the secondary suite is located. All new owners shall be
required to secure all necessary approvals prior to recommencement of the use.
4. A secondary suite shall not contain more than fifty percent (50%) of the total
floor area of the principal dwelling.
5. On-site parking shall conform to the parking regulation of this Bylaw for the
principal dwelling unit, and one (1) additional on-site parking stall shall be
required for each bedroom provided in the secondary suite.
6. Required parking stall(s) shall not be allowed on public roadways.
7. Prior to its use as an approved secondary suite the property owner shall be
required to meet all applicable safety code requirements.
8. The applicant shall provide an original copy of a fire inspection report to the
Development Officer, no older than 1 month, showing no deficiencies or
evidence that all identified deficiencies have been corrected, prior to the issuance
of an approval for a Secondary Suite.
4.10
CORNER AND DOUBLE FRONTING PARCELS
In all land use districts, a parcel abutting onto two streets or more shall have a front
yard setback on each street in accordance with the front yard requirements of this
Bylaw. For the purposes of determining the setback requirements, the long front yard
shall be referred to as the flanking front yard.
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4.11
CORNER SIGHT TRIANGLES
1. A sight triangle means that triangle formed by a straight line drawn between two
points on the exterior boundaries of the said site 20 ft. (6.1 m) from the point
where they intersect.
2. On laneways, the sight triangle shall be
formed by a straight line drawn between
two points on the exterior boundaries of the
said site 10 feet (3.05 metres) from the
point where they intersect.
3. On any corner site, no person shall erect,
place or maintain within the sight triangle a
wall, fence, shrub, trees, hedge, or any
object over 3.0 ft. (0.9 m) in height above
the lowest street grade adjacent to the
intersection.
4. On any corner site, no finished grade shall
exceed the general elevation of the street line by more than 2 ft. (0.6m) within
the area defined as the sight triangle.
5. When a lot has more than one front yard line (corner lot), the front yard
requirement shall apply to all front yards, but, at the discretion of the
Development Authority, one front yard may be considered a side yard.
4.12
BUILDING DEMOLITION
An application to demolish a building shall not be approved without a statement or
plan, which indicates:
(a) how the operation will be carried out so as to create a minimum of dust or
other nuisance, and
(b) the final reclamation of the parcel,
that is satisfactory to the Development Authority.
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4.13
AUTOMOBILE PARKING AND LOAD REQUIREMENTS
1. OFF-STREET AUTOMOBILE PARKING
(a) An off-street parking area:
(i) shall not be located within 1.0 m (3.28 ft.) of a lot line common to the lot
and to a street unless the parking area is shared between the adjoining lots;
(ii) shall be constructed so that adequate access to, and exit from each stall is
to be provided at all times by means of maneuvering aisles designed to the
satisfaction of the Development Authority;
(iii) shall have necessary curb cuts located to the satisfaction of the
Development Authority; and
(iv) shall be hard-surfaced to the satisfaction of the Development Authority or
of a gravel mixture approved by the Development Authority.
(b) All parking areas shall conform to the minimum parking standards set out in
the Summer Village of Sandy Beach Land Use Bylaw.
2. REQUIRED NUMBER OF OFF-STREET PARKING STALLS
(a) The minimum number of off-street parking spaces required for each building
class shall be as in the following table. In the case of a use not specifically
mentioned, the required number of off-street parking spaces shall be the
same as for a similar use as determined by the Development Authority.
Where a development falls within more than one class, the required number
of spaces shall be the sum of the requirements for each of the development
classes.
RESIDENTIAL
One and two unit dwellings
2 per dwelling unit
Multiple unit dwellings of one
bedroom or less per dwelling unit
1.5 per dwelling unit
Multiple unit dwellings of two or
more bedrooms per dwelling unit
2 per dwelling unit
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Senior
citizen
self-contained
dwelling units
1 per dwelling unit
COMMERCIAL
Business,
public
administration
and offices other than doctor and
dentist
1 per 40.0 m2 (430.0 ft2) of gross
leasable area
Medical and dental offices or
clinics
1 space for each 30.0 m2 (323.0
ft2) of gross leasable area or 3
spaces for each full to part-time
professional, whichever is greater
Retail,
personal
service,
equipment and repair shops with a
gross leasable floor area of 1000.0
m2 (10,764.0 ft2) or less
1 per 30.0 m2 (323.0 ft2) of gross
leasable floor area
Retail and personal service shops
and
shopping
centre
buildings
with a gross leasable area of
between 1000.0 m2 and 4000.0
m2 (10,764.0 ft2 and 43,057.0 ft2)
1 per 20.0 m2 (215.0 ft2) of gross
leasable floor area
Retail and personal service shops
and
shopping
centre
buildings
with a gross leasable area of more
than 4000.0 m2 (43,057.0 ft2) on
one parcel
1 per 17.0 m2 (183.0 ft2) of gross
leasable area
Restaurants, beer parlours and
cocktail bars
1 for each 6.0 m2 (65.0 ft2) of
gross floor area or 1 per five
seating spaces and 1 per three
employees
at
maximum
shift,
whichever is greater
Drive-in
businesses
and
car
washing establishments
8 except where more are required
under other requirements of this
section
Restaurants
(food
exclusively
taken off-parcel)
1 for each 13.0 m2 (140.0 ft2) of
gross floor area plus 1 for each
three employees on maximum
shift
Hotels, motor hotels, motels and
apartment hotels
1 per sleeping unit and 1 space
per three employees on maximum
shift
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PLACES OF PUBLIC ASSEMBLY
Theatres, auditoriums, halls, churches
and other amusement or recreational
facilities
1 per 7.5 seating spaces or 1 per 7.0
m2 (75.0 ft2) used by the patrons,
whichever is greater
SCHOOLS
Elementary schools and junior high
schools
1 per school hour employee, and plus 5
Senior high schools which do not
include an auditorium, gymnasium or
swimming pool
1 per school hour employee plus 1 for
every twenty students
INDUSTRIAL
Manufacturing and industrial plants,
wholesale, warehousing and storage
buildings and yards, servicing and
repair
establishments,
research
laboratories and public utility buildings
1 per employee on maximum shift.
This standard may be varied by the
Development Officer to no fewer than 1
per three employees on maximum shift
where it can be shown by the applicant
that fewer stalls are required
HOSPITALS
AND
SIMILAR
USES
Hospitals, sanatoriums, group care
facilities, nursing homes, convalescent
homes and senior citizens lodges
1 per 100.0 m2 (1,076.0 ft2) of floor
area or 1 per four beds and 1 for every
two employees on maximum shift,
whichever is greater
(b) At the option of the Development Authority and in lieu of providing off-street
parking, an owner of land proposed for development shall pay the
municipality to assist in providing the equivalent parking area. Council will
determine the amount of money required. Money so received by the
municipality will be used only for the development of municipal off-street
parking facilities.
(c) Where development on a parcel contains 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.
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3. COMMUNAL AND OFF-PARCEL PARKING
(a) Parking may be supplied on a parcel other than the parcel of the principal use
provided that it is in accordance with the following regulations:
(i) Except in the case of highway commercial land use districts as well as
parcels in parks/recreation or urban services land use districts adjacent to
residential parcels, and subject to the approval of the Municipal Planning
Commission, an owner of land or a group of such owners may pool his or
their required off-street parking stalls within one or more communal parking
facilities and may thereby collectively fulfill the requirements of Section
4.11.2;
(ii) Where a group of uses is served by a communal parking facility, the
requirement for such facility shall be the sum of the off-street parking
requirements for each of the uses served by the parking facility;
(iii) Where a group of uses or businesses pool their parking requirements onto
one parcel, such a communal parcel shall be located no more than 122.0 (400
ft.) from any one of the owners who have pooled their off-street parking
requirements;
(iv) The owners who have pooled their parking requirements shall enter into
an agreement with the Summer Village of Sandy Beach and the owners shall
consent to such an agreement being registered as an encumbrance against
the titles of land involved; and
(v) The owners involved in a communal parking arrangement shall pay the
full costs of preparation and registration of the agreement referred to in
Subsection 4.11.3(a)(iv).
(b) At the option of the Municipal Planning Commission, and in lieu of providing
off-street parking, an owner/developer of land proposed for development
shall pay the Summer Village of Sandy Beach to provide the equivalent
parking area. The amount of money required will be determined by a
resolution of Council and shall be based on the amount needed to purchase
the land required and construct the parking facility and required number of
parking stalls. Money so received by the Summer Village of Sandy Beach will
be used only for the development or improvement of municipal, off-street
parking facilities.
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4. OFFSTREET LOADING SPACES
(a) Off-street loading spaces shall be required for all non-residential development
and apartments.
(b) Loading spaces shall be designed and located so that all vehicles using those
spaces can be parked and maneuvered entirely within the bounds of the
parcel before moving onto a public roadway.
(c) An off-street loading space shall be at least 4.0 m (13.12 ft.) in width, 8.0 m
(26.24 ft.) in length, with height of 4.0 m (13.12 ft.).
(d) Hard surfacing shall be required where an off-street parking facility is
required to be hard-surfaced.
(e) Number of off-street loading spaces:
(i) In a retail, industrial, warehouse or similar development of less than 465.0
m2 (5,000.0 ft2) of gross floor area, one space;
(ii) two spaces for between 465.0 m2 (5000.0 ft2) and 2,323.0 m2 (25,000 ft2)
of gross floor area, and one additional space for each additional 2,323 m2
(25,000 ft2) or function thereof;
(iii) office buildings, places of public assembly, institution, club or lodge,
school, or any other use one space up to 2,787.0 m2 (30,000 ft2) of gross
floor area and for each additional 2,787 m2 (30,000 ft2) or fraction thereof,
one additional space; and
(iv) neighbourhood commercial stores, one loading space.
4.14
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. All matters related to unsightly property, improper storage of vehicles, parking of
commercial vehicles over 55,000 kg. (12,125.22 lbs.) shall be addressed through
the Municipal Government Act and bylaws adopted by Council other than this
Land Use Bylaw.
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2. The following prohibited or restricted developments shall be subject and
addressed in accordance with this Bylaw:
(a) any excavation, storage or piling up of materials required during the
construction stage unless all necessary safety measures are undertaken, and
the owner of such materials or excavations assumes full responsibility to
ensure the situation does not prevail any longer than reasonably necessary to
complete a particular stage of construction work.
3. Subject to Section 4.14(1) no person shall keep or permit in any part of a yard in
a residential land use district:
(a) any dismantled or wrecked vehicle;
(b) any object or chattel which, in the opinion of the Development Officer,
Municipal Planning Commission, or Council, is unsightly or tends to adversely
affect the amenities of the district.
4. In all land use districts, garbage shall be stored in weather and animal proof
containers screened from adjacent parcels and public thoroughfares to the
satisfaction of the Development Officer, Municipal Planning Commission or
Council and shall be in a location easily accessible for pickup.
5. Sites and buildings in all districts shall be maintained in a clean and tidy condition
free from all rubbish and debris.
6. In any district, no storage or activity may be undertaken which, in the opinion of
the Development Officer, Municipal Planning Commission, or Council, constitutes
a danger or annoyance to persons on site, on public property, or on any other
site, by reasons of excessive noise, vibration, dust and other particulate matter,
smoke, odour, toxic, and noxious matter, traffic, radiation hazards, fire, and
explosive hazards, heat, humidity and glare, refuse matter or waterborne waste,
water or steam.
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4.15
FENCES
1. Residential Districts
(a) In any residential district, except as herein provided:
No fence shall be constructed that is:
A. Higher than 1.83 m (6.0 ft. ) for that portion of the fence that does not
extend forward beyond the foremost portion of the principal building on
the parcel; and
B. Higher than 0.91 m (3.0 ft.) for that portion of the fence that extends into
the front yard beyond the foremost portion of the principal building on the
parcel.
2. Subject to Section 3.2 of this Bylaw, all fence construction shall require an
approved development permit.
3. Where parcels have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection of
any fences on such parcel. Size and specifications for fences in these areas must
conform to the overall standard set for the area by the Summer Village of Sandy
Beach.
4.16
HOME OCCUPATIONS
1. Home occupations (Home Based Businesses) shall comply with the following
provisions:
(a) Home occupations shall not be allowed on a site unless a dwelling is located
on the site on which the home occupation is to be located.
(b) All development permits issued for home occupations shall be revocable at
any time by the Development Authority, if, in its opinion, the home
occupation is or has become detrimental to amenities of the neighborhood in
which it is located or if there is any change or intensification of the home
occupation as originally approved.
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(c) The Development Authority may, in its sole discretion, place time limits on
the period for which a development permit for a home occupation is valid.
(d) No home occupation shall substantially change the principal character of
external appearance of the dwelling involved or of any accessory buildings.
(e) Home occupations shall be incidental and subordinate to the principal use of
the dwelling and/or garage and shall not be conducted within any other
structures on the property.
(f) There shall be no outdoor business activity, or outdoor storage of material or
equipment associated with the home occupation allowed on the site.
(g) The home occupation shall not create any nuisance by way of noise, dust,
odour, or smoke, or anything of an offensive or objectionable nature.
(h) There shall be no mechanical or electrical equipment used which creates
external noise, or visible or audible interference with home electronics or
computer equipment in adjacent dwellings.
(i) When a development permit is issued for a home occupation, such permit
shall be terminated should the applicant vacate the property for which the
permit has been issued.
(j) Pedestrian or vehicular traffic or parking, shall not, in the opinion of the
Development Authority, be generated in excess of that which is characteristic
of the district in which the home occupation is located.
(k) Only one (1) commercial vehicle, of a haul capacity not exceeding 5.5 metric
tonnes (5500 kgs.), shall be used in conjunction with the home occupation,
or parked or maintained on the site or on the road in proximity to the site.
Truck trailers or vehicle accessories or equipment shall not be kept on site
unless they are located within an accessory building.
(l) Home occupations shall not involve:
a. activities that use or store hazardous material in quantities exceeding
those found in a normal household; or
b. any use that would in the opinion of the Development Authority,
materially interfere with or affect the used, enjoyment, or value of
neighboring properties.
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(m) The number of non-resident employees or business partners working on site
shall not exceed one (1) at any time. No more than two people shall be
working at the home occupation site at any time.
(n) Storage related to the business activity and the business activity itself may be
allowed in either the dwelling or garage.
(o) The home occupation shall not be allowed if, in the opinion of the
Development Authority, such use would be more appropriately located in the
Commercial or an Industrial District, having regard for the overall
compatibility of the use with the residential character of the area.
(p) The dwelling or garage in which a home occupation is located may have one
fascia sign placed on the structure, providing that the sign does not exceed
0.4 sq. m (4 sq. ft.) in area. No other signage will be permitted.
(q) A development permit application for home occupations shall be made
annually and reviewed by the Development Authority. Home occupation
permits shall be mailed out by the Development Officer in November of each
year. Following a review and recommendation by the Development Officer,
the Municipal Planning Commission, at a duly convened meeting in January,
shall approve (with or without conditions) or refuse these development
permit applications. Home occupation permits shall be effective for the
calendar year in which they are issued.
(r) This use does not include either a Cannabis Retail Store or a Cannabis
Production and Distribution Facility.
4.17
BED AND BREAKFAST OPERATIONS
In addition to all other provisions and requirements of this Section of the Bylaw, the
following additional requirements shall apply to home based business in the form of bed
and breakfast operations, as defined in Section 4.16 of this Bylaw:
1. Persons wishing to operate a bed and breakfast operation shall be required to
apply for a development permit from the Summer Village of Sandy Beach.
2. 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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3. A bed and breakfast operation 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.
4. In addition to the off-street parking requirements for the dwelling unit itself, as
stipulated in Section 4.13(2) of this Bylaw, 1 (one) off-street parking space per
rented guest room shall be required for a bed and breakfast operation.
4.18
RECREATIONAL
VEHICLES
AND
TEMPORARY
LIVING
ACCOMMODATIONS
1. At no time may a recreational vehicle, holiday trailer, motor homes, camper or
tent trailer be situated on a residential parcel unless that parcel is developed with
a single family dwelling.
2. Notwithstanding subsection (1), a maximum of one (1) recreational vehicle,
holiday trailer, motor homes, camper or tent trailer be situated and occupied on
an undeveloped residential parcel during periods of single family dwelling
construction when approved by the development authority.
3. For the purpose of storage of the vehicle, a maximum of one (1) unoccupied
recreational vehicle, holiday trailer, motor homes, camper or tent trailer may be
situated on a residential parcel that is developed with a single family dwelling.
4. On a residential parcel that is developed with a single family dwelling, a
maximum of one (1) recreational vehicle, holiday trailer, motor homes, camper
or tent trailer may be situated and occupied on a residential parcel provided that
it:
(h) is occupied for no longer than seventy-two (72) hours total within a thirty
(30) day period, or extended periods as authorized by the Development
Authority; and
(i) is located within a required parking stall or on the site in a manner
satisfactory to the Development Authority.
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4.19
GENERAL SIGN REGULATIONS
All temporary signs shall be regulated and controlled through a separate Municipal
Sign Bylaw.
1. No sign of an advertising, directional or information, nature shall be erected on
land or affixed to any exterior surface of any building or structure unless an
application for this purpose has been approved by the Development Officer.
2. Signs shall comply with the setback requirements for principal buildings in the
district in which the sign is located unless otherwise allowed by this Bylaw or the
Development Officer.
3. In considering a development application for a sign the Development Officer shall
have due regard for the amenities of the area and the design of the proposed
sign.
4. No sign, other than one providing a public service and deemed appropriate by
the Development Officer shall be permitted to locate on a public right of way or
reserve.
5. No sign shall be illuminated unless the source of light is suitably shielded and
does not interfere with vehicular traffic.
6. There shall be a minimum clearance height of 2.5 metres (6 ft.) above finished
grade to the bottom of any sign projecting over a public right-of-way or
sidewalk.
7. No sign shall project more than 1.5 metres (5 ft.) above the top of any main wall
or parapet to which it is affixed, unless in the opinion of the Development Officer
it has been designed as an integral part of the building.
8. No sign shall project more than 1.5 metres (5 ft.) out from the face of any
building to which it is affixed unless, in the opinion of the Development Officer it
has been designed as an integral part of the building.
9. The Development Officer may refuse to allow any sign which is deemed to be
offensive in nature or inappropriate in design.
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10. The area around sign structures shall be kept clean and free of overgrown
vegetation and free from refuse material.
11. The Development Officer, Municipal Planning Commission, or Council may
require the removal of any sign which, in their opinion is or has become
unsightly or is in such state of disrepair as to constitute a hazard.
4.20
SIGNS IN COMMERCIAL DEVELOPMENTS
Where commercial buildings are permitted the following regulations shall apply:
1. For each principal building, one identification sign only, not to exceed 3.0 m2
(32.29 ft.2) in area.
2. Signs may be detached if they do not exceed a height of 2.0 m (6.56 ft.) or
project into any required setback area.
3. Where a sign is not detached, it shall be placed flat against the building or be
designed as part of an architectural feature thereof, or as a canopy sign.
4. One wall sign only will be permitted to indicate the name and nature of the
occupancy for each tenancy within the development. The sign shall not exceed a
total area of 0.9 m2 (9.68 ft.2) of copy for each lineal metre of building
occupancy.
5. If the occupancy is on a corner, one wall sign will be permitted for each face.
6. If the building includes a canopy, each tenant will be permitted one under-
canopy sign of no more than 0.5 m2 (5.38 ft.2).
4.21
CANNABIS RETAIL SALES
1. Any site containing a Cannabis Retail Sales shall not be located less than 100
metres (328 feet) from any site being used as a public or private education
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services or a provincial health care facility at the time of the application for the
Development Permit for the Cannabis Retail Sales. For the purposes of this
subsection only:
(a) the 100 metres (328 feet) separation distance shall be measured from the
closest point of the subject site boundary to the closest point of another site
boundary, and shall not be measured from the district boundaries or from the
edges of the structures;
(b) the term "public or private education services" is limited to early childhood
education, elementary through high schools inclusively only, and does not
include dance schools, driving schools or other commercial schools.
2. Notwithstanding Section 3.6.2 Variance Provisions of this Bylaw, a Development
Authority shall not grant a variance to subsections 4.21(1)a or 4.21(1)b.
3. The Development Authority may require lighting, signage, landscaping or
screening measures that ensure the proposed development is compatible with
adjacent or nearby residential, commercial, industrial or community services
uses.
4. Prior to the issuance of a development permit, the Development Authority may
conduct a site assessment, taking into account land use impacts including, but
not limited to, exterior illumination, landscaping, screens, signs and access.
5. The Development Authority shall impose a condition on any development issued
for Cannabis Retail Sales requiring that the development:
(a) shall not commence until authorized by and compliant with all federal and
provincial legislation; and
(b) must commence within six (6) months of the date of approval of the
development permit.
6. For the purposes of Section 4.21(5)b, development commences when the
Cannabis Retail Sales Use is established and/or begins operation
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4.22
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
1. For the purposes of this subsection only, the owner or applicant shall provide as
a condition of development permit a copy of the current license and all
subsequent license renewals for all activities associated with medical cannabis
production issued by Health Canada.
2. The owner or applicant shall obtain any other approval, permit, authorization,
consent or license that may be required to ensure compliance with applicable
federal, provincial or municipal legislation.
3. All processes and functions of the development shall be fully enclosed within a
stand-alone building, including but not limited to all loading spaces and docks,
garbage containers, storage and waste material.
4. The development shall be a singular use and shall not be operated in conjunction
with any other uses.
5. The development shall include equipment designed and intended to remove
odours from the air where it is discharged from the building as part of a
ventilation system.
6. The development shall be located a minimum of 100 metres (328 feet) away
from any residential district.
7. The Development Authority may require, as a condition of development permit
approval, a waste management plan, completed by a qualified professional that
details:
(a) the incineration of waste products and airborne emissions, including
odours;
(b) the quantity and characteristics of liquid waste material discharged by
the facility; and
(c) the method and location of collection and disposal of liquid and waste
material.
8. The minimum number of parking stalls shall be based on the requirements for a
single industrial use as per Section 4.13.2.
9. Fencing on the site shall be required, subject to the provisions of Section 4.15.
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10. Notwithstanding the provisions of Section 4.19 GENERAL SIGN REGULATIONS,
no sign shall be displayed on the site that identifies the use.
11. The development may be subject to periodic inspections to ensure compliance
with the Land Use Bylaw and the approved development permit and all other
applicable Bylaws of the Summer Village of Sandy Beach.
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PART 5 - LAND USE DISTRICTS AND REGULATIONS
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES
1. For the purposes of this Bylaw the Summer Village of Sandy Beach is divided into
the following districts:
Short Form
District Designation
R1A
Residential - Single Family Class "A"
R1B
Residential - Single Family Class "B"
R1C
Residential - Single Family Class "C"
R1D
Residential - Single Family Class "D"
RMHS
Residential - Manufactured Home Subdivision
RMHC
Residential - Manufactured Home Court
DC
Direct Control
C1
Commercial - General
US
Urban Services
P
Parks and Recreation
UR
Urban Reserve
2. The boundaries of the districts listed in subsection (1) are as delineated on the
Land Use District Map.
3. Where uncertainty exists as to the boundaries of districts as shown on the Land
Use District Map, the following rules shall apply:
Rule 1 Where a boundary is shown as following a street, lane, stream or canal, it
shall be deemed to follow the centre line thereof.
Rule 2 Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
Rule 3 In circumstances not covered by Rules 1 and 2 the location of the district
boundary shall be determined by:
(a) Where dimensions are set out on the Land Use District Map, by the
dimensions so set; or
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(b) Where dimensions are set out on the Land Use District with respect to
such boundary, by measurement of and use of the scale shown on the
Land Use District Map.
4. Where the application of the above rules does not determine the exact location
of the boundary of a district, the Council either on its motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary shall fix the portion of the district boundary in
doubt or dispute in a manner consistent with the provisions of this Bylaw and the
degree of detail as to measurements and directions as the circumstances may
require.
5. After the Council has fixed a district boundary pursuant to the provisions of
subsection (4), the portion of the boundary so fixed shall not be thereafter
altered except by an amendment of this Bylaw.
6. The Council shall maintain a list of its decisions with respect to boundaries or
portions thereof fixed by it.
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5.2
R1A - RESIDENTIAL - SINGLE FAMILY CLASS "A"
(1)
General Purpose of District
This district is generally intended to accommodate single detached dwellings and
modular homes, and associated uses on small lots.
(2)
Permitted Uses
Discretionary Uses
Single Detached Dwelling
Modular home
Minor Home Occupations
Secondary Suites
Buildings and uses accessory to
permitted uses
Day homes
Major Home Occupations
Parks and playgrounds
Public or quasi-public uses
Public utilities required to serve
the immediate area
Show homes
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion
of the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage
Coverage of all buildings shall not exceed 40% of the total parcel area.
(4)
Minimum Floor Area (not including attached garage)
Shall be no less than 74.3 m2 (800.0 ft2).
(5)
Maximum Height
The height of all structures shall not exceed 9 m (29.5 ft.) and is subject to the
provision of this Bylaw.
(6)
Minimum Parcel Width and Depth
All new parcels to be created shall have a minimum parcel width of 15.0 m (50.0
ft.) and a minimum parcel area not less than 557.4 sq. m. (6000 sq. ft.).
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(7)
Minimum Front Yard Setback
(a)
Lakefront lots: at the discretion of the Development Officer, but not less
than 8 m. (26.2 ft.).
(b)
All other cases: 8 .0 m (26.2 ft.).
(c)
For accessory buildings see Section 4.8.
(8)
Minimum Side Yard Setback
(a)
Minimum of 1.5 m (5.0 ft.)
(b)
For accessory buildings see Section 4.8.
(9)
Minimum Rear Yard Setback
(a)
Minimum of 1.5 m (5 ft.), except in the case of garages as in Section 4.8.
(b)
For accessory buildings see Section 4.8.
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5.3
R1B - RESIDENTIAL - SINGLE FAMILY CLASS "B"
(1)
General Purpose of District
This district is generally intended to accommodate single detached dwellings and
modular homes, and associated uses on 0.4 ha (1 acre) lots.
(2)
Permitted Uses
Discretionary Uses
Single Detached Dwelling
Modular home
Minor Home Occupations
Secondary Suites
Buildings and uses accessory to
permitted uses
Day homes
Family care facilities
Major Home Occupations
Parks and playgrounds
Public or quasi-public uses
Public utilities required to serve
the immediate area
Show homes
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion
of the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage
Coverage of all buildings shall not exceed 40% of the total parcel area.
(4)
Minimum Floor Area (not including attached garage)
Shall be no less than 92.9 m2 (1000.0 ft2).
(5)
Maximum Height
The height of all structures shall not exceed 9 m (29.5 ft.) and is subject to the
provision of this Bylaw.
(6)
Minimum Parcel Width and Depth
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All new parcels to be created shall have a minimum parcel width of 50.0 m
(164.0 ft.) and a minimum parcel area not less than 0.4 ha. (1.0 acre).
(7)
Minimum Front Yard Setback
(a)
Lakefront lots: at the discretion of the Development Officer, but not less
than 8 m. (26.2 ft.).
(b)
All other cases: 8 .0 m (26.2 ft.).
(c)
For accessory buildings see Section 4.8.
(8)
Minimum Side Yard Setback
(a)
Minimum of 1.5 m (5.0 ft.)
(b)
For accessory buildings see Section 4.8.
(9)
Minimum Rear Yard Setback
(a)
Minimum of 1.5 m (5 ft.), except in the case of garages as in Section 4.8.
(b)
For accessory buildings see Section 4.8.
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5.4
R1C - RESIDENTIAL - SINGLE FAMILY CLASS "C"
(1)
General Purpose of District
This district is generally intended to accommodate single detached dwellings and
modular homes, and associated uses on 0.8 ha (2 acre) lots.
(2)
Permitted Uses
Discretionary Uses
Single Detached Dwelling
Modular home
Minor Home Occupations
Secondary Suites
Buildings and uses accessory to
permitted uses
Day homes
Family care facilities
Major Home Occupations
Parks and playgrounds
Public or quasi-public uses
Public utilities required to serve
the immediate area
Show homes
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion
of the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage
Coverage of all buildings shall not exceed 20% of the total parcel area.
(4)
Minimum Floor Area (not including attached garage)
Shall be no less than 92.9 m2 (1000.0 ft2).
(5)
Maximum Height
The height of all structures shall not exceed 9 m (29.5 ft.) and is subject to the
provision of this Bylaw.
(6)
Minimum Parcel Width and Depth
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All new parcels to be created shall have a minimum parcel width of 75.0 m
(246.0 ft.) and a minimum parcel area not less than 0.8 ha. (2.0 acre).
(7)
Minimum Front Yard Setback
(a)
Lakefront lots: at the discretion of the Development Officer, but not less
than 8 m. (26.2 ft.).
(b)
All other cases: 8 .0 m (26.2 ft.).
(c)
For accessory buildings see Section 4.8.
(8)
Minimum Side Yard Setback
(a)
Minimum of 1.5 m (5.0 ft.)
(b)
For accessory buildings see Section 4.8.
(9)
Minimum Rear Yard Setback
(a)
Minimum of 1.5 m (5 ft.), except in the case of garages as in Section 4.8.
(b)
For accessory buildings see Section 4.8.
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5.5
R1D - RESIDENTIAL - SINGLE FAMILY CLASS "D"
(1)
General Purpose of District
This district is generally intended to accommodate single detached dwellings and
modular homes, and associated uses on 1.0 ha (2.47 acre) lots.
(2)
Permitted Uses
Discretionary Uses
Single Detached Dwelling
Modular home
Minor Home Occupations
Secondary Suites
Buildings and uses accessory to
permitted uses.
Day homes
Family care facilities
Major Home Occupations
Parks and playgrounds
Public or quasi-public uses
Public utilities required to serve
the immediate area
Show homes
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion
of the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage
Coverage of all buildings shall not exceed 13% of the total parcel area.
(4)
Minimum Floor Area (not including attached garage)
Shall be no less than 92.9 m2 (1000.0 ft2).
(5)
Maximum Height
The height of all structures shall not exceed 9 m (29.5 ft.) and is subject to the
provision of this Bylaw.
(6)
Minimum Parcel Width and Depth
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All new parcels to be created shall have a minimum parcel width of 100.0 m
(328.0 ft.) and a minimum parcel area not less than 1.0 ha. (2.47 acre).
(7)
Minimum Front Yard Setback
(a)
Lakefront lots: at the discretion of the Development Officer, but not less
than 8 m. (26.2 ft.).
(b)
All other cases: 8 .0 m (26.2 ft.).
(c)
For accessory buildings see Section 4.8.
(8)
Minimum Side Yard Setback
(a)
Minimum of 1.5 m (5.0 ft.)
(b)
For accessory buildings see Section 4.8.
(9)
Minimum Rear Yard Setback
(a)
Minimum of 1.5 m (5 ft.), except in the case of garages as in Section 4.8.
(b)
For accessory buildings see Section 4.8.
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5.6
RMHS - RESIDENTIAL - MANUFACTURED SUBDIVISION
(1)
General Purpose of District:
This District is generally intended to provide for single manufactured home
development on individual subdivided parcels.
(2)
Permitted Uses:
Discretionary Uses:
Manufactured home
Buildings and uses
accessory to permitted
uses.
Day care facility
Home occupations
Parks and playgrounds
Show homes or temporary sales
offices
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion of
the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Minimum Lot Area:
Minimum Lot Area shall be 370.0 m2 (3,982.8 ft2).
(4)
Parcel and Yard Regulations:
a)
Minimum Front Yard:
Shall be 7.0 m (22.9 ft.).
b)
Minimum Side Yard:
Shall be 1.5 metre (4.9 ft.) on one side and 3.0 metres (9.8.0 feet)
on another side.
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c)
Minimum Rear Yard:
Shall be 6.0 m (19.7 ft.).
d)
Minimum Lot Depth:
Shall be 46.2 metres (140 feet).
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5.7
RMHS - RESIDENTIAL - MANUFACTURED HOME COURT
(1)
General Purpose of District:
This district is generally intended to provide for the placement of more than one
manufactured home on a single parcel.
(2)
Permitted Uses:
Discretionary Uses:
Manufactured home court
Manufactured homes
Manufactured home court
office
Buildings and uses
accessory to permitted
uses.
Day care facility
Garage
Parks and playgrounds
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion of
the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage:
Dwellings - 28%.
Accessory buildings - 12%.
(4)
Maximum Height:
The height of structures shall not exceed 6.0 m (19.7 ft.) and is subject to the
provisions of this Bylaw.
(5)
Parcel Area:
Minimum court area shall be 2.0 hectares (4.9 acres).
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(6)
Unit Area & Depth:
The minimum area assigned for the exclusive or private use of each dwelling unit
shall be 370.0 m2 (3,982.8 ft2). All lots shall have a minimum depth of 46.2
metres (140 feet).
(7)
Minimum Front Yard:
Shall be 7.5 m. (24.9 ft.).
(8)
Minimum Side Yard:
Shall be 1.5 metre (4.9 ft.) on one side and 3.0 metres (9.8.0 feet) on another
side.
(9)
Minimum Rear Yard:
Shall be 6.0 m (19.7 ft.).
(10)
Development Requirements:
(a)
All roads in a manufactured home court should be graveled or hard-
surfaced to the satisfaction of the Development Authority and shall have a
width of at least 7.5 m (24.9 ft.) including a hard-surfaced sidewalk of at
least 1.0 m (3.3 ft.) in width.
(b)
All on-site municipal utilities shall be provided underground.
(c)
Principal buildings must be separated from each other by at least 6.0 m
(19.7 ft.).
(d)
On-site traffic circulation patterns and lighting are to be to the satisfaction
of the Development Authority.
(11)
Landscaping and Amenity Area:
(a)
All areas of a manufactured home court not occupied by private dwelling
unit area, roads or other development, shall be landscaped to the
satisfaction of the Development Authority.
(b)
In manufactured home developments, a minimum of 40.0 m2 (430.5 ft2)
of common amenity area must be provided for each dwelling unit up to
ten units, with an additional 3.0 m2 (32.3 ft2) for each unit above ten
units.
(c)
A screen fence shall be required along the side property line between any
manufactured home development and abutting a single detached dwelling
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or district. The height of the screen fence shall be at the discretion of the
Development Authority, but shall not be less than 1.0 m (3.3 ft.), nor
exceed 2.0 m (6.5 ft.).
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5.8
C1 - COMMERCIAL - GENERAL
(1)
General Purpose of District
This district is generally intended to provide for commercial, retail and personal
service outlets.
(2)
Permitted Uses
Discretionary Uses
Public utility
Cannabis Retail Sales
Day care facility
Drive-in business
Dwelling unit attached to a
commercial use
Household appliance repair and
service
Indoor eating establishment
Intensive recreational use
Minor
Eating
or
Drinking
Establishment
Outdoor eating establishment
Parks and playgrounds
Private club or lodge
Private Liquor Outlet
Public uses
Recreational vehicle park
Restaurant
Retail establishment and Gas Bar
Buildings and uses accessory to
discretionary uses.
Other uses which, in the opinion of
the Development Authority, are
similar to the permitted and
discretionary uses.
(3)
Parcel Coverage
Coverage of all buildings may be 80%, provided that adequate provision is made
for on-site parking, loading and garbage facilities.
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(4)
Minimum Parcel Area
No new parcel shall be created by subdivision with an area of less than 371.6 m2
(4,000 ft2), or a width of less than 6.0 m (19.7 ft.), or a depth of less than 30.0
m (98.4 ft.).
(5)
Minimum Rear Yard
None required provided that adequate provision is made for parking, loading and
garbage facilities.
(6)
Minimum Side Yard
None required unless abutting a residential district. The side yard required
where the parcel abuts a residential district shall be 1.5 m (4.9 ft.) or 40% of the
height of the building, whichever is greater. Where one is provided, no side yard
shall be less than 1.5 m (4.9 ft.).
(7)
Maximum Height
Shall not exceed 12.0 m (39.4 ft.).
(8)
Minimum Front Yard Setback
No front yard setback shall be required except as specified in Section 3.2.
(10)
Adjacent Developments
The design, siting, landscaping, screening and buffering of all developments shall
minimize and compensate for any environmental problems or objectionable
aspects imposed upon or occurring from existing or potential development in
abutting districts.
(11)
Parking and loading shall be provided in accordance with the provisions of this
Bylaw.
(12)
Supplementary Conditions - Commercial Uses
In addition to other provisions of this Bylaw, the following shall apply to all new
commercial development.
a)
New commercial development shall require an adequate parking facility
which is surfaced to the satisfaction of the Summer Village.
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b)
No commercial development shall be permitted which will have an
adverse impact on the use, enjoyment, or value of the surrounding
neighbourhood in the Summer Village.
c)
All commercial development shall be compatible and complementary to
the residential and recreational character of the Summer Village.
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5.9
US - URBAN SERVICES
(1)
General Purpose of District:
This district is generally intended to establish an area for the development of
institutions or community services.
2)
Permitted Uses:
Discretionary Uses:
Day care facility
Library
School
Accessory Building & Use
Cemetery
Extended Medical Treatment
Facility
Protective & Emergency
Services
Parks and playgrounds
Places of public assembly
Public uses
Buildings and uses accessory to
discretionary uses
Other uses which, in the opinion
of the Development Authority,
are similar to the permitted and
discretionary uses.
(3)
Development Regulations for Permitted and Discretionary Uses:
All parcel regulations shall be at the discretion of the Development Authority.
The design, siting, landscaping, screening and buffering shall minimize and
compensate for any objectionable aspects or potential incompatibility with
development in abutting districts.
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5.10
P - PARKS
(1)
General Purpose of District:
This district is generally intended to establish an area for recreational and leisure
activities.
(2)
Permitted Uses:
Discretionary Uses:
Parks and playgrounds
Publicly owned minor
recreation and cultural
facilities
Commercial recreation
facility
Major recreation and
cultural facility
Schools
Buildings and uses accessory to
discretionary uses
Other uses which, in the opinion
of the Development Authority,
are similar to the permitted and
discretionary uses.
(3)
Development Regulations:
All parcel regulations shall be at the discretion of the Development Authority.
The design, siting, landscaping, screening and buffering shall minimize and
compensate for any objectionable aspects or potential incompatibility with
development in abutting districts.
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5.11 UR - URBAN RESERVE
(1)
General Purpose of District:
This district is generally intended to reserve, for urban development, those areas
of the municipality which are rural in character.
(2)
Permitted Uses:
Discretionary Uses:
Extensive agriculture
Parks
Single detached dwelling,
modular home, or
manufactured home on
existing parcels only.
Cannabis Production and
Distribution Facility
Any use or building which,
in the opinion of the
Development Officer, will
not prejudice the possibility
of conveniently and
economically subdividing the
area for urban development.
(3)
Development Regulations for Permitted and Discretionary Uses
(a)
No subdivision shall be permitted except as required in the Act, or for
municipal purposes.
(b)
All development regulations shall be at the discretion of the Development
Authority.
(c)
No subdivisions or development other than for the above uses shall take
place until an overall plan for the area has been resolved. This plan
should establish an outline plan of subdivision, the proposed land use
classification, public reserve dedications and utilities policies.
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5.12
DC - DIRECT CONTROL
(1)
General Purpose of District:
To enable land use and development to occur in areas of unique character or
circumstance. Interim uses and development may be allowed if they do not
preclude or significantly increase cost for development, conversion, or
redevelopment in terms of the existing and future urban infrastructure. Proposed
developments are subject to the regulations presented below and such rules with
respect to land generally or specifically as the Council may make from time to
time, and as described within policies of the Municipal Development Plan. All
proposals will be reviewed and decided upon by Council.
(2)
Permitted Uses:
Discretionary Uses:
As allowed by Council
As allowed by Council
(3)
Development Regulations:
(a)
All parcel regulations shall be at the discretion of Council. The design,
siting, landscaping, scenery and buffering shall minimize and compensate
for any objectionable aspects or potential incompatibility with development
in the district or abutting districts.
(b)
In evaluating a proposed land use or a development, Council shall have
regard for, but not be limited to:
(i)
existing use of the land;
(ii)
uses, regulations and development criteria specified in the land use
district superseded by this district;
(iii)
the General Provision and Special Land Use Regulations as
contained in this Bylaw;
(iv)
the Land Use Regulations of abutting Land Use Districts; and
(v)
shall conform to the Act, Subdivision Regulations and any Statutory
Plan in effect.
(4)
Development Permit Information Requirements:
Pertaining to information required for processing and review of a proposal
pursuant to this Bylaw, Council will consider and require the applicant to submit
any or all of the following for the purpose of relating any proposal to the growth of
the entire Town:
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(a)
An explanation of the intent of the project;
(b)
The features of the project which make it desirable to the general public
and the Town. This is to include an evaluation of how the project will
relate to the present and projected needs of the Town as a whole;
(c)
An economic analysis of the proposal's anticipated impact on the local
community and the Town; and
(d)
A detailed development scheme containing the following information:
(i)
Location of all proposed buildings,
(ii)
Elevation and architectural treatment of all buildings and associated
structures,
(iii)
Proposed servicing scheme and its relationship to the Town's
existing and/or proposed servicing plans,
(iv)
All yard setbacks, parcel coverage, parcel areas, floor areas, sizes
of lots, number of parking stalls,
(v)
Anticipated scheduling and sequence of development,
(vi)
Mechanisms by which conformance to the plan are submitted will
be ensured, such as normally achieved through a combination of
caveats, easements, service agreements and performance bonds,
(vii)
Such additional requirements as are deemed necessary having
regard to the nature of the proposed development and the
surrounding use which may be affected, and
(viii)
Council may request an applicant to prepare a detailed submission,
as outlined above.
(5)
Land Use Agreement:
(a)
An applicant may be required to enter into a legal Land Use Agreement
with the Municipality to ensure that the use and development of land and
buildings on a parcel complies with the approved comprehensive plan of
development as a condition of approval of a development permit issued
pursuant to the Direct Control District.
(b)
The Land Use Agreement shall run as a restrictive covenant against the
title of the parcel created and serve to restrict the development of land in
accordance with the approved comprehensive plan of development.
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PART 6 - ADMINISTRATION
6.1
SCHEDULES
Schedule A is part of this Bylaw. Schedule A is the Land Use Map.
6.2
REPEALING EXISTING CONTROLS
Bylaw No. 99-04, as amended, is hereby repealed.
6.3
DATE OF COMMENCEMENT
This Bylaw comes into effect upon the date of it finally being passed.
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6.4
SCHEDULE "A" -
LAND USE BYLAW MAP
SANDY LAKE
Sandy Beach
Summer Village
of
Land Use District Map
Bylaw No. 02−2012
Residential
Commercial
Parks
Urban Reserve
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Page 90
Table of Contents
PART 1 - GENERAL ..................................................................................................................................... 3
1.1
TITLE ............................................................................................................................................ 3
1.2
SCOPE ........................................................................................................................................... 3
1.3
PURPOSE ...................................................................................................................................... 3
1.4
PREVIOUS BYLAW ...................................................................................................................... 4
1.5
METRIC AND IMPERIAL MEASUREMENTS .............................................................................. 4
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT .................................................... 4
1.7
EFFECTIVE DATE ........................................................................................................................ 4
1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS ............................................................ 5
1.9
DEFINITIONS OR MEANINGS ................................................................................................... 5
PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ............................................ 25
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY ............................................................. 25
2.2
ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION ............................................. 26
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD ..................... 26
2.4
AMENDMENT OF THE LAND USE BYLAW ............................................................................. 26
2.5
SECTIONS FOUND TO BE INVALID ....................................................................................... 29
2.6
FORMS ........................................................................................................................................ 29
PART 3 - DEVELOPMENT PERMITS ....................................................................................................... 30
3.1
CONTROL OF DEVELOPMENT ................................................................................................. 30
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ............................................ 30
3.3
SAME OR SIMILAR USES ......................................................................................................... 33
3.4
DEVELOPMENT PERMIT APPLICATIONS ............................................................................... 34
3.5
DEVELOPMENT PERMITS AND NOTICES .............................................................................. 35
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS ..................................................... 36
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS .................................... 38
3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS ...................................... 38
3.9
CONTRAVENTION ..................................................................................................................... 39
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES ................................................................ 40
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3.11
DEVELOPERS' RESPONSIBILITY ............................................................................................. 41
PART 4 - GENERAL DEVELOPMENT REGULATIONS ........................................................................... 43
4.1
PRINCIPAL BUILDING OR USE ............................................................................................... 43
4.2
DWELLING UNITS ON A PARCEL ........................................................................................... 43
4.3
BUILDING ATTACHED TO A PRINCIPAL BUILDING ............................................................ 43
4.4
BUILDING ORIENTATION AND DESIGN ............................................................................... 43
4.5
RELOCATION OF BUILDINGS ................................................................................................. 44
4.6
EXCAVATION, STRIPPING AND GRADING ............................................................................ 45
4.7
PROJECTIONS OVER YARDS ................................................................................................... 46
4.8
GARAGES AND ACCESSORY BUILDINGS .............................................................................. 47
4.9
SECONDARY SUITES ................................................................................................................ 47
4.10
CORNER AND DOUBLE FRONTING PARCELS ....................................................................... 48
4.11
CORNER SIGHT TRIANGLES ................................................................................................... 49
4.12
BUILDING DEMOLITION .......................................................................................................... 49
4.13
AUTOMOBILE PARKING AND LOAD REQUIREMENTS ......................................................... 50
4.14
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ........................................................... 54
4.15
FENCES ....................................................................................................................................... 56
4.16
HOME OCCUPATIONS .............................................................................................................. 56
4.17
BED AND BREAKFAST OPERATIONS ..................................................................................... 58
4.18
RECREATIONAL VEHICLES AND TEMPORARY LIVING ACCOMMODATIONS .................. 59
4.19
GENERAL SIGN REGULATIONS .............................................................................................. 60
4.20
SIGNS IN COMMERCIAL DEVELOPMENTS ............................................................................ 61
4.21
CANNABIS RETAIL SALES ....................................................................................................... 61
4.22
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY ................................................. 63
PART 5 - LAND USE DISTRICTS AND REGULATIONS ........................................................................ 65
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES ............................................................. 65
5.2
R1A - RESIDENTIAL - SINGLE FAMILY CLASS "A" ............................................................. 67
5.3
R1B - RESIDENTIAL - SINGLE FAMILY CLASS "B" ............................................................. 69
5.4
R1C - RESIDENTIAL - SINGLE FAMILY CLASS "C" ............................................................. 71
5.5
R1D - RESIDENTIAL - SINGLE FAMILY CLASS "D" ............................................................ 73
5.6
RMHS - RESIDENTIAL - MANUFACTURED SUBDIVISION ................................................. 75
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5.7
RMHS - RESIDENTIAL - MANUFACTURED HOME COURT ................................................. 77
5.8
C1 - COMMERCIAL - GENERAL .............................................................................................. 80
5.9
US - URBAN SERVICES ............................................................................................................ 83
5.10
P - PARKS .................................................................................................................................. 84
5.11
UR - URBAN RESERVE ............................................................................................................. 85
5.12
DC - DIRECT CONTROL .......................................................................................................... 86
PART 6 - ADMINISTRATION .................................................................................................................. 88
6.1
SCHEDULES ............................................................................................................................... 88
6.2
REPEALING EXISTING CONTROLS ......................................................................................... 88
6.3
DATE OF COMMENCEMENT .................................................................................................... 88
6.4
SCHEDULE "A" - LAND USE BYLAW MAP .............................................................................. 89