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## BYLAW NO. 208 / 2010 THE LAND USE BYLAW OF THE SUMMER VILLAGE OF SILVER BEACH
Received and Passed 3'd Reading June 21, 2010
Interpretation
## Land Use Bylaw of the Summer Village of Silver Beach Table of Contents
| 3. | | | |
|---------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|
| 4. | Establishment of Districts | Establishment of Districts | |
| 5. | Regulations.. | Regulations.. | |
| | Development Authority | Development Authority | |
| 7. | Subdivision and Development Appeal Board | Subdivision and Development Appeal Board | |
| 8. | Control of Development. | Control of Development. | |
| 9. | Development Not Requiring a Development Permit.. | Development Not Requiring a Development Permit.. | |
| 10. | Non-Conforming Buildings and Uses.. | Non-Conforming Buildings and Uses.. | ..1 |
| 11. | Permission for Development | Permission for Development | ...10 |
| 12 | Validity of Permits.... | Validity of Permits.... | ....13 |
| 13. | Appeals.... | Appeals.... | ....14 |
| 14. | Decision of the Appeal Board | Decision of the Appeal Board | .14 |
| 15. | Contravention.. | Contravention.. | ..15 |
| 16. | Amendments. | Amendments. | ...15 |
| 17. | Interpretation.. | Interpretation.. | ....15 |
| 18. | Continuation of Conditions. | Continuation of Conditions. | ....16 |
| 19. | Repeal of Existing Controls | Repeal of Existing Controls | ...16 |
| 20. | Fees and Forms.. | Fees and Forms.. | ..16 |
| 21. | Date of Commencement | Date of Commencement | ...16 |
| SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS | SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS | SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS | ...18 |
| | B1. | Grading and Drainage.. | ....18 |
| | B2. | Moved-In Buildings... | ..18 |
| B2.1 A person making application to bring an existing Building into the Municipality, or to | B2.1 A person making application to bring an existing Building into the Municipality, or to | B2.1 A person making application to bring an existing Building into the Municipality, or to | B2.1 A person making application to bring an existing Building into the Municipality, or to |
| | | relocate a building within the Municipality, or within a lot shall: | ...18 |
| B3. | | Signs.... | ... 19 |
| B4. | | Screening and Fencing | ....19 |
| B5. | Derelict Automobiles... | Derelict Automobiles... | ....19 |
| | SCHEDULE C: REGULATIONS FOR SPECIFIC LAND USE DISTRICTS | SCHEDULE C: REGULATIONS FOR SPECIFIC LAND USE DISTRICTS | ...20 |
| | Regulations for the Residential District | Regulations for the Residential District | ..20 |
| | | Permitted uses .. | ....20 |
| | C1.2 | Discretionary Uses ... | .....20 |
| | C1.3 | Lot Dimensions and Areas.. | .......20 |
| | C1.4 | | ...21 |
| | C1.5 | | ....22 |
| | C1.6 | | ...22 |
| | C1.7 | | ....22 |
| | C1.8 | | ...23 |
| | C1.9 | | ...23 |
| | C1.10 | C1.10 | .23 |
| C2. | | | ....24 |
| | | | ....24 |
| | C2.2 C2.3 | | ...24 ...24 |
| | | C2.4 Yards and Setbacks.... ...24 |
|-------|--------------------------------------------------------------------------------------|------------------------------------------|
| C3. | C2.5 Lor Coverage.... Regulations for the Non-residential Recreation District. ...25 | ....24 |
| | | Purpose ... ...25 |
| | C3.2 | Permitted uses.. ...25 |
| | C3.3 | Discretionary Uses. .25 |
| C4. | Regulations for the Park district ....25 | Regulations for the Park district ....25 |
| | | C4.1 Permitted uses... 25 |
| | C4.2 | Other regulations... .25 |
| ...26 | ...26 | ...26 |
Index of Key Words..
This Bylaw supersedes and replaces LUB 192-2002.
## Authority
Pursuant to the Municipal Government Act, Part 17, Revised Statutes of Alberta 2000, Chapter M-26, the Council of the Summer Village of Silver Beach in the Province of Alberta, duly assembled, hereby enacts as follows.
- Title Summer Village of Silver Beach Land Use Bylaw -\_-2010
## 2. Purpose
The purpose of this bylaw is to regulate and control the use and development of land and Buildings within the Municipality to achieve the orderly and economic development of land, and for that purpose, among other things:
- 1.1 to divide the Municipality into districts,
- 1.2 to prescribe and regulate for each district the purposes for which land and Buildings may be used,
- 1.3 to establish the office of Development Authority,
- 1.4 to establish a method of making decisions on applications for development permits and issuing development permits,
- 1.5 to prescribe a procedure to notify owners of land likely to be affected by the issue of a development permit, and
- 1.6 to establish a system of appeals against the decisions of the Development Authority.
## 3. Interpretation
In this bylaw:
Abut or Abutting means immediately contiguous to, or physically attaching to, and when used in respect of a parcel, means that the parcel physically touches upon another parcel and shares a property line with it.
Act means the Municipal Government Act Revised Statutes of Alberta 2000, Chapter M-26 and is referred herein as "the Act".
Accessory Building means a Building separate and subordinate to the main Building, the use of which is incidental to that Main Building and is located on the same Lot.
Boathouse means a structure located in the front yard of a lot abutting the lakeshore primarily for the storage of boats and associated equipment. A boat house may include living space similar to that described for a guesthouse.
Building means any structure used or intended for supporting or sheltering any use or Occupancy.
Council means the Council of the Summer Village of Silver Beach.
Demolition means the taking down by an approved method, and removal of a building or structure, including a foundation, from the lot upon which the building, structure of foundation was located, and the subsequent clean up and remediation of the property to a standard as approved by the Development Authority.
Depth of a parcel means the perpendicular distance between the front and rear lot lines, or where these are not parallel, the average distance between the front and rear lot
Derelict vehicle means any motor vehicle which is unlicensed, or uninsured, or nonoperational, or not in a state to legally operate on a highway or road.
Development means (in addition to the definitions set out in the Act) the removal or demolition of a building or structure in whole or in part.
Development Authority is defined in Section 5 of this bylaw.
Development Permit means a document authorizing a development as defined in Part 17 of the Act.
Discretionary Use means the use of land or a Building provided for in this bylaw for which a development permit may be issued upon an application having been made.
Dwelling means any Building of structure used primarily for human habitation and which is supported on a permanent foundation or base extending below ground level and is limited to single family, and does not include a mobile home of any kind situated on wheels, blocks, jacks, or any other temporary foundation.
Existing means existing on the date on which this bylaw comes into force.
Finished Grade is the local elevation of the ground after landscaping.
Firewall means a type of fire separation of noncombustible construction which subdivides a Building or separates adjoining Buildings to resist the spread of fire and which has a fire-resistance rating as prescribed in the Alberta Building Code and has structural stability to remain intact under fire conditions for the required fire-rated time.
First Storey means the uppermost Storey having its floor level not more than 2m above Grade. A basement does not constitute the first storey as long as the floor level above it is consistent with this definition. The Development Authority may, at its discretion, determine that a floor level that is mostly recessed below grade, but is at-grade in a localized area due to sloping of the land is a walk-out basement, and in this circumstance the floor level above the walk out basement can be considered the first storey even though it is more than 2m above grade at the localized, walk-out area of the basement.
Floor area means the area of all finished floors at or above grade, measured from the inside of the exterior walls.
Front of a Building or lot refers to the side facing, or closest to the lake where the lot faces the lake, and refers to the side facing a public road where the lot does not abut the lakeshore.
Garage means an accessory Building or part of a Main Building designed and used primarily for the storage of motor vehicles.
Grade (as applying to the determination of Building and deck height) means the average levels of Finished Grade at the centre-point of each exterior wall of a Building, except that localized depressions such as for walk-out basements, or vehicle or pedestrian entrances need not be considered in the determination of average levels of Grade. Grade for determining boathouse height means the lowest of the average levels of the Finished Grade adjoining the side and rear walls.
Guest House means a permanent Accessory Building which has sleeping accommodation and living space including a bathroom, and provides overflow accommodation for the main Dwelling on the Lot.
Home Business means a business carried on in a Dwelling which
- is not visited by a significant number of clients,
- does not change the external appearance or residential character of the Dwelling,
- is operated only by the residents of the Dwelling unless authorized by the Development Authority, and
- has no outside storage of goods or materials unless specifically permitted by the Development Authority.
Lot means an individual Lot for which a title has been issued, or, where two or more Lots are 'tied' for assessment purposes, or are included in a single title, the area encompassed by the several Lots.
Main Building means a Building in which is conducted the main or principal use of the Site on which it is erected.
Mobile Home means a single detached Dwelling built offsite in one or more sections, and intended to be occupied in a place other than where it is manufactured, but does not mean a Modular Home or a Recreational Vehicle.
Modular Home means a new single detached Dwelling built in a factory and transported to a site to be installed on a permanent foundation, and which appears indistinguishable in design and finish from a stick-built home, and does not include a manufactured home or a mobile home.
Municipality means the Summer Village of Silver Beach.
Occupancy means the use or intended use of a Building or part thereof for the shelter or support of persons, animals or property.
Partition means an interior wall one Storey or part Storey in height that is not loadbearing
Permitted Use means the use of land or a Building provided for in a land use bylaw for which a development permit shall be issued upon an application having been made, subject to whatever conditions are necessary to bring it into conformity with this bylaw. For items not covered in this Bylaw, Permitted means approved by the Development Authority.
Public Park means an area of land designed or reserved for recreational use by the public, and includes all related buildings and improvements, and abuts a public road.
Rear of a Building or lot is the side facing away from, or furthest from the lake where a lot faces the lake, and is the side facing furthest from a public road where a lot faces a public road
Recreational Vehicle means a mobile unit that is designed to be used as temporary living or sleeping accommodation, and includes but is not limited to holiday trailers, tent trailers, truck campers, vans, and motor homes, but does not include Mobile Homes.
Safety Codes Officer means an individual certified as a Safety codes officer under section 27 of the Safety Codes Act.
Setback for the purpose of determining acceptable distance from a Building to property lines is the distance of closest approach between the Building foundation at Finished Grade and the property line.
Temporary Dwelling means a Dwelling which is used while a permanent Dwelling is being constructed on a Lot, and where specified in a development permit may include a Recreational Vehicle or Mobile Home.
Site means one or more contiguous Lots which are managed by the owner as a single Lot or unit.
Storey means that portion of a Building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it.
Vertical Service Space means a shaft oriented essentially vertically that is provided in a Building to facilitate the installation of Building services including mechanical, electrical and plumbing installations and facilities such as elevators, refuse chutes and linen chutes.
Village Administrator is the Chief Administrative Officer named by Council.
Setback means that part of a Lot upon or over which no main Building is erected.
Yard, Front means a yard extending across the full width of the Lot from the Front property line of the Lot to the Front wall of the main Building on the Lot.
Yard, Side means a yard extending from the side wall of the main Building to the side property line.
Yard, Rear means a yard extending across the full width of the Lot from the rear property line of the Lot to the rear wall of the main Building on the Lot.
All other words and expressions have the meanings assigned to them in the Act.
## Establishment of Districts
- 4.1 For the purpose of this bylaw the municipality is divided into the following districts:
- AR Agricultural Reserve
- Residential
- Institutional Camp
Non-residential recreation
Urban Reserve
as shown on the map attached as Schedule A, which forms part of and has full force of this bylaw.
- 4.2 In case of doubt as to the boundaries of a land use district, the decision of Council, in the form of a resolution, shall govern.
## Regulations
Schedules B and C, setting out regulations for land use, form part of and have full force of this bylaw.
## Development Authority
- 6.1 The office of Development Authority is hereby established and shall be filled by a person or persons appointed by resolution of the Council. If no person is appointed, the Chief Administrative Officer shall act as Development Authority.
- 6.2 The Development Authority shall
- 6.2.1 receive, consider and decide on applications for a development permit;
- 6.2.2 maintain a register of all applications and the decisions rendered on them;
- 6.2.3 ensure that copies of this bylaw can be purchased by the public at a reasonable cost;
- 6.2.4 carry out the duties prescribed in the Act with regard to appeals of, designate a person to do the same; and
- 6.2.5 perform such duties as are established to enforce this bylaw in conformance with the Act.
- 6.3 For the purposes of section 542 of the Act, the person holding the office of Development Authority is a designated officer of the Municipality.
## 7. Subdivision and Development Appeal Board
- 7.1 The Subdivision and Development Appeal Board established by Bylaw 174 shall hear and decide on appeals from a decision (or lack of decision) of the Development Authority.
- 7.2 Should the Subdivision and Development Appeal Board require further technical or, legal opinion, it may adjourn the hearing and issue a request to the Village administrator. The retainer of professional, legal, or other assistance will be handled through the Village Administrator.
- 7.3 After hearing all submissions and rebuttal, if any, the Board shall deliberate and reach its decision in private.
## Control of Development
- 7.1 No development other than that designated in section 9 shall be undertaken within the Municipality unless an application for it has been approved and a development permit has been issued.
- 7.2 For the purposes of this section, signs, posters and billboards are deemed to be developments.
## Development Not Requiring a Development Permit
- 9.1 No development permit is required for a land use or Building exempted under sections 618 and 619 of the Act.
- 9.2 No development permit is required for the completion and use of a development which was lawfully under construction at the date this bylaw comes into effect.
- 9.3 No development permit is required for the continuation of a lawful use of Building or land which was in effect at the date this bylaw comes into effect.
- 9.4 No development permit is required for normal maintenance or repair to any Building or public utility, including repairs to foundations and structure, or replacement of structural components, provided that such works do not include structural alterations, or major renovations which change the size of the Building.
- 9.5 No development permit is required for the construction and maintenance of gates,
- fences, walls or other means of enclosure less than 1 metre in height in a Front Yard and 2 metres in height elsewhere, except as provided in section 5 of Schedule B.
- 9.6 No development permit is required for landscaping, provided that it does not alter the flow of water off-Site, does not include the installation of more than 37.2 square meters of water shedding materials such as asphalt, concrete, paving stones and is in accordance with C1.6, B1.3and B1.4
- 9.7 No development permit is required for municipal or public utility works on a road or lane.
- 9.8 No development permit is required for erection of utility, garden, or storage sheds provided they have a Building Area of less than 9 m'. ', are less than 3m in height, are located in the Rear Yard, are intended only for storage, and are essentially portable and do not entail construction of permanent foundations such as concrete slabs or piles. Such sheds must be located with Rear and Side Setbacks as provided for in this bylaw.
- 9.9 No development permit is required for erection of children's play structures.
- 9.10 No development permit is required for finish changes, wiring, plumbing or Partition changes.
- 9.11 No development permit is required for bridges over local depressions or watercourses.
## 10. Non-Conforming Buildings and Uses
- 10.1 If a Building or land use is not allowed in this bylaw, but was legally Existing at the date of passage of this bylaw, it may continue as a non-conforming use pursuant to section 643 of the Act. Maintenance, renovation and repair of nonconforming Buildings, their envelope, mechanical and electrical systems, structure and foundations, is permitted provided the Building is not increased in size or height.
- 10.2 If the Development Authority has reasonable basis to believe building or development from a lot encroaches onto adjacent land the Development Authority may require the owner of the lot to provide a real property report at the lot owner's own cost. The development authority may require removal development which encroaches on adjacent land, and if necessary can arrange for the removal at the cost of the lot owner. The Development Authority may require a lot owner erect permanent, visible markers of the corners of any lot, to a standard approved by the development authority.
## 11. Permission for Development
- 11.1 An application for a development permit shall be made to the Development Authority in writing in the appropriate form, stating the legal description of the
property, and shall be accompanied by duplicate copies of:
- 11.1.2 a site plan, to scale, showing the proposed Front, Rear, and Side Yards and Setbacks, locations of all other Buildings on the Site, roads, water bodies, trees, and other physical features of the site, and any provision for off-street loading and vehicle parking and access points;
- 11.1.2 floor plans, elevations and sections, including all height and horizontal dimensions. Grade, and the height of the Building above Grade, shall be shown;
- 11.1.3 if requested by the Development Authority, a Real Property Report prepared by an Alberta Land Surveyor;
- 11.1.4 a statement of use;
- 11.1.5 the consent to the application of the owner of the land, and the statement of the interest of the applicant therein;
- 11.1.6 the estimated commencement and completion dates;
- 11.1.7 the estimated cost of the project or contract price;
- 11.1.8 the required application fee;
- 11.1.9 A grading and drainage plan that shows the elevations of the Site at all corners and at the mid-point of property lines, the local high, and low points of the parcel, the elevation at all corners of the proposed development, the elevation of the crown of the adjacent street, and
- 11.2 Demolition - A basic development permit fee will be charged for the demolition of a building structure, but in addition, the Development Authority may require the applicant to post a bond or other security to guarantee that any damage done to other properties, including public roadways and roadway infrastructure is repaired at the applicant's expense.
- 11.3 Unless otherwise approved by the Development Authority, drawings and documentation accompanying an application for development shall be submitted on 8-1/2" x 11" or 11"x 17" paper for ease of copying.
- 11.4 The Development Authority shall receive, consider and decide on all applications for a development permit, and shall render a decision in writing and mail or otherwise deliver it to the applicant.
- 11.5 In making a decision the Development Authority may approve the application unconditionally, or impose conditions considered appropriate, permanently or for a limited period of time, or refuse the application.
- 11.6 When the Development Authority refuses to issue a development permit, it must give reasons.
- 11.7 The Development Authority may require, as a condition of issuing a development permit, that the applicant enter into a development agreement to construct or pay for the construction of public roadways, driveways connecting to public roadways, culverts, parking areas, or utilities necessary to serve the proposed development, or to pay an off-site levy or redevelopment levy imposed by bylaw; and may require that a performance bond or letter of credit be deposited with the Municipality to cover the cost of repairing local improvements damaged as a result of development, or to ensure that the development is completed in accordance with the development permit.
- 11.8 When an application for a development permit has been refused initially or on appeal, the Development Authority may, at its discretion, refuse to accept another application for a permit on the same property and for the same or similar use of land by the same of any other applicant for 6 months after the date of the previous refusal, unless the circumstances have changed substantially.
- 11.9 If a proposed development is for a use not listed as Permitted for that district, or if it does not comply in every way with this bylaw, the Development Authority shall refuse to issue a development permit.
- 11.10 Notwithstanding 11.9 above, the Development Authority may issue a development permit with a reasonable set back variance or relaxation if the proposed relaxation:
- 11.10.1 is consented to in writing by the owner of the abutting property or properties that is (are) impacted by the relaxation; and
- 11.10.2 does not unduly interfere with the amenities of the neighbourhood; and
- 11.10.3 does not materially interfere with or affect the use, enjoyment, or value of abutting parcels of land; and
- 11.10.4 the extent of the set back variance or relaxation does not exceed ten
- (10%) percent of the minimum set back as set out in the Schedule B of this bylaw.
- 11.11 No variance will be granted to increase the maximum height of a building beyond what is permitted in this bylaw.
- 11.12 An application for a development permit shall, at the option of the applicant, be deemed to be refused when a decision is not issued by the Development Authority within 40 days, and the applicant may appeal in writing as provided for in this bylaw as though the application had been refused.
- 11.13 The development authority may require, prior to issue of a development permit, payment of a deposit equal to 1% of the estimated value of the building cost of the development, but not to exceed $5,000. The Developer may apply for return of the deposit, upon submission of information satisfactory to the Development Authority that the development including buildings, outside finishes, and landscaping has been completed. The Village may deduct from the deposit any funds necessary to repair damage to roads, Village property, or utilities, attributable to the development.
## 12 Validity of Permits
- 12.1 Notice of issuance of a development permit is to be made by registered mail to the owners of Lots sharing property lines on either side of the parcel for which the development permit is issued and to the Lots immediately across the Summer Village of Silver Beach road using the mailing addresses recorded on the Village tax roll. A single notice mailed to the tax roll address is deemed to be notice to all registered owners of that lot. The date on which notice of issuance of permit is mailed is the date of notice for purposes of determining the start of the period to file a valid appeal.
- 12.2 The Development Authority may direct a sign be posted visible and readable from the Silver Beach road, describing a proposed development. However the failure to post a sign or the failure by any person to see the sign does not affect official notice nor does it affect the period within which an appeal must be filed.
- 12.3 A development permit does not come into effect until fifteen (15) days after notice is mailed.
- 12.4 A person claiming to be affected by a proposed development is entitled to view the application for the development permit and any accompanying documents at the Village office, or by other arrangements determined by the Development Authority.
- 12.5 If a valid appeal is filed against a development permit, the permit is suspended until the appeal is heard or abandoned. (Note: To be valid, an appeal must be received by the Village within 14 days of notice being given of the issuance of a
development permit: section 686 MGA). The date an appeal is received by the Village is deemed to be the earlier of the date it is received by the Village office, or two business days after the date of postmark if the appeal is sent by mail.
- 12.6 If the development authorized by a permit is not commenced within 6 months from the date of issue, or if, having commenced, work ceases for six months, the permit is void, unless an extension has previously been granted by the Development Authority.
- 12.7 Work authorized by a development permit must be completed within 12 months of the date of the permit unless a later date is noted on the permit, or an extension is granted by the Development Authority.
- 12.8 The time referred to in section 12.6 and 12.7 is suspended during an appeal.
- 12.9 If it appears to the Development Authority that a development permit has been obtained by fraud or misrepresentation, or has been issued in error, or if a development is not consistent with a permit, it the Development Authority may suspend, revoke, or modify the permit.
## 13. Appeals
The procedure for appeal against the decision of the Development Authority is laid down in section 686 of the Act.
Note: there is no appeal against a permit for a permitted use which conforms in every way with this bylaw (section 685(3) MGA).- Pursuant to Section 685(3) of the Act, no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of this bylaw have been relaxed, varied, or misinterpreted.
## 14. Decision of the Appeal Board
- 14.1 The subdivision and development appeal board must hold an appeal hearing within 30 days after receipt of a notice of appeal.
- 14.2 A Subdivision and Development Appeal Board
- (a) may, while carrying out its power, duties and responsibilities, accept any oral or written evidence that it considers proper, whether admissible in a court of law or not, and is not bound by the laws of evidence applicable to judicial proceedings, and
- (b) must make and keep a record of its proceedings, which may be in the form of a summary of the evidence (and need not necessarily be a record of argument) presented at a hearing
- 14.3 When deciding on an appeal, the Subdivision and Development Appeal Board may approve an application for a development permit notwithstanding that the proposed development does not comply with this bylaw if, in its opinion,
## 14.3.1 the proposed development would not
- 14.3.1.1 neighbourhood, or
unduly interfere with the amenities of the
- 14.3.1.2 or value of neighbouring properties,
materially interfere with or affect the use, enjoyment
- 14.3.2 and the proposed development conforms with the use prescribed for the land or Building in this bylaw, and this power extends to nonconforming Buildings and uses pursuant to section 643(5)(c) of the Act.
- 14.4 The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the docision within 15 days of the conclusion of the
- 14.5 A decision by the Subdivision and Development Appeal Board is final and binding subject only to an appeal upon a question of jurisdiction or law pursuant to section 688 of the Act.
## 15. Contravention
- 15.1 Where the Development Authority finds that a development or use of land or Buildings is not in accordance with:
- 15.1.1 the Act or regulations under the Act, ot
- 15.1.2 a development permit or subdivision approval, or
- 15.1.3 this bylaw,
- it may proceed in accordance with sections 645 and 646 of the Act.
- 15.2 Contravention of this bylaw is an offence and is subject to a fine not exceeding $2,000 pursuant to section 566 of the Act.
## 16. Amendments
- 15.1 A person may apply to have this bylaw amended, by applying in writing, giving reasons for the amendment requested, and paying the appropriate fee.
- 15.2 Council may at any time initiate an amendment to this bylaw.
- 15.3 An application to change Schedule A, the map of land use districts, may be initiated only by the owner of the land in question, or by Council.
## 17. Interpretation
- 16.1 Where both metric and imperial measures are given in this bylaw, the metric number shall govern. Imperial equivalents are given for convenience only, and may not be precise.
- 16.2 He, him, she, her, they, and them are to be read interchangeably as the context requires.
## 18. Continuation of Conditions
A condition attached to a development permit issued under a former land use bylaw continues under this bylaw.
## 19. Repeal of Existing Controls
Bylaw 183, the former Land Use Bylaw, and amendments thereto, are repealed.
## 20. Fees and Forms
Fees and forms referred to in this bylaw shall be established by resolution of Council.
## 21. Date of Commencement
This bylaw shall come into effect on the date of the third and final reading.
Read a first time this 215 day of June, 2010
Read a second time this 215 day of June, 2010
Read a third time this 215 day of June, 2010
Summer Village of Silver Beach
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Mayor
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Administrator
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## SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS
## B1. Grading and Drainage
- Prior to, during or after construction, no land shall be filled or raised, and no change to existing grading or drainage may be undertaken, unless such change has been reviewed by the Development Authority and approved by the development permit that approves the construction. (Note: development which includes excavation, and relocation on the parcel, of earth excavated for a building is considered to have the potential to alter the drainage of the land and requires submission of all applicable information to the Development Authority).
- B1.2 Water shall not be diverted to flow from one Lot to another unless a drainage scheme is agreed in writing between the two owners and the Municipality.
- B1.3 A development permit is required for paving (asphalt, concrete, or other water shedding surface) with an area greater than 37.2 square metres.
- The Paved or non-permeable ground surface of a lot, excluding building footprint, may not exceed 15% of the lot area.
## B2. Moved-In Buildings
- B2.1 A person making application to bring an existing Building into the Municipality, or' to relocate a building within the Municipality, or within a lot shall:
- B2.1.1 make the usual application for a development permit;
- B2.1.2 provide photographs showing all sides and the general condition of the Building; and
- B2.1.3 state the present location and use of the Building.
- B2.2 The Development Authority may, at its discretion, inspect the Building, or cause the Building to be inspected by a person the Development Authority so appoints, and may issue a Development Permit subject to the condition that the Building be improved once it is moved on site.
- B2.3 The cost of inspection shall be added to the fee for a development permit.
- B2.4 The Development Authority may require the developer provide cost estimates for the works deemed necessary and may require the developer to provide a bond for specific performance of the works within a specific time.
## B3. Signs
- B3.1 All signs other than the following require a development permit:
- B3.1.1 one sign, of not more than one square metre in area, advertising for sale the property on which it stands,
- B3.1.2 one name plate, not exceeding one square metre in area, giving the name of the owner, and/or the name of the property, and/or the municipal address, and/or other pertinent information, and
- B3.1.3 temporary signs protected by section 2(b) of the Constitution Act (Canada).
- B3.1.4 Signs indicating proposed development.
- B3.2 No development permit shall be issued for commercial signs other than those listed in 4.1.1 above.
- B3.3 A sign which is a hazard to persons or traffic, or which applies to a past event, shall be removed immediately.
## B4. Screening and Fencing
- B4.1 No fence or screen shall extend higher that 2 metres above the local elevation of the ground along the fence line.
- B4.2 Fences in that part of a Lot lying in Front of the Front wall of the main Building shall be no higher than 1 metre above the local elevation of the ground along the fence line.
- B4.3 On corner Lots, fences abutting open roads shall be no higher than 1 metre above the local elevation of the ground along the fence line.
## B5. Derelict Automobiles
- B5.1 Derelict trucks and automobiles may not be stored out of doors within the Village.
## SCHEDULE C: REGULATIONS FOR SPECIFIC LAND USE DISTRICTS
## C1. Regulations for the Residential District
## C1.1 Permitted uses
The following uses are permitted in the Residential district:
- C1.1.1 single detached dwellings of new, conventional construction, limited to one per Lot,
- C1.2.3 the parking and use of recreational vehicles, subject to section 1.8 below,
- C1.1.2 Guest Houses, subject to section 1.10 below,
- C1.1.4 unattended utility installations, and
- C1.1.5 accessory uses such as garages, storage sheds, saunas, and boathouses.
## C1.2 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
- C1.2.1 Moved-in Buildings, including modular homes on permanent foundations.
- C1.2.2 Home Businesses, and
- C1.2.3 Temporary Dwellings to be occupied by the owner of a Lot while a permanent Dwelling is under construction.
## C1.3 Lot Dimensions and Areas
- C1.3.1 All new lots created by subdivision shall have a width of no less than 24.384 metres (80 feet) at both Front and Rear property lines.
- C1.3.2 The minimum Lot width required by this bylaw shall not prevent the adjustment of a property line between two lots where no additional Lots are being created, where the width of the smaller lot is not made smaller, and where a lot with a width greater than the minimum permitted in this bylaw is not reduced to a width less than the minimum permitted in this bylaw.
## C1.4 Location of Buildings
- C1.4.1 Front and rear Setbacks: Unless otherwise permitted or required below, main Buildings shall be located at least 10 metres (32.8 feet) from the Front and rear property lines.
- C1.4.2 Side Yards, Main Buildings: Unless otherwise permitted below, main Buildings shall be located so as to give a minimum side Yard of
- C1.4.3.1 10% of the width of the Lot, or
- C1.4.3.2 One-half of the vertical distance from Grade to the eaves on that side of the Building,
## whichever is greater.
- C1.4.3 Setbacks, Accessory Buildings and Boathouses: A multi-story accessory Building shall be located with side Yards as required for main Buildings. A single Storey accessory Building shall have a side Yard of at least 1.5 metres (5 feet).
- C1.4.4 Encroachment into Yards and Setbacks: Eaves, bay windows, chimneys, and extensions cantilevered beyond the Building foundation walls may encroach into a required yard or setback by no more than 0.508 metres (20 inches).
- C1.4.6 Exterior steps may be constructed in a yard provided that they are no closer than 1 metre to a property line.
- C1.4.7 Location of decks: If any part of a deck or patio is more than 0.3 metres (1 foot) above the average Grade surrounding the deck, it is governed by the same yard and setback requirements as a Building.
- C1.4.8 Location of Garages: Garages on a front lot may be located within 1 metre of the rear property line if the main vehicle entry doors do not face the road. A garage on a rear lot shall be located at least 3metres (10 feet) from the front property line if the main vehicle entry doors do not face the road. Where the main vehicle entry doors face a road or a lane, the garage shall be located 6.1 metres (20 feet) from the road or a lane.
- C1.4.9 Garages straddling Lot lines: Where adjacent property owners agree to build a common Garage straddling the property line, no side yard is required, but a Firewall shall be constructed to the standards of the Alberta Building Code.
- C1.4.10 Boathouses and Garages: A Boathouse may be constructed in a ront yard of a front lot, oi a garage may be constructed in the tron vard of a rear lot. A boathouse in a front lot, or a garage in a rea lot, may also be a guest house, and may have more than one story provided comply with height and side-yard restrictions. No other accessory building may be constructed in a front yard. The setback between the front of a boathouse and the front property line shall not be less than 3 metres (10 feet).
- C1.4.11 Notwithstanding section 1.4.10 The Development Authority, at its discretion, may allow a reasonable variation on the front setback of a boathouse if the developer demonstrates the need due or local topography to the satisfaction of the Development Authority
- C1.4.12 Fire separations: Every Building served by electricity or a heating system shall be located at least 3 metres (10 feet) from every other Building unless a variance has been obtained under the Alberta Building Code.
- C1.4.13 Additions: An addition to a building is considered to be part of the building, and is subject to the same requirements, if the addition is physically connected by structure to the building, or appears, in the opinion of the Development Authority, to be part of the building.
The Development Authority may require that after the footings have been installed, and before any flooring or framing work is commenced, the developer shall submit a Real Property Report or Building Location Certificate prepared by an Alberta Land Surveyor, certifying that the Building under construction meets the yard and setback requirements of this bylaw and the Alberta Building Code.
## C1.6 Site Coverage & Landscape
The combined First Storey Floor Area of all Buildings on a Lot shall be no more than 30% of the total area of the Lot.
Concrete, asphalt or other water-shedding paving may not exceed 15% of the total area of the Lot.
Natural landscaping consisting of permeable ground cover shall cover at least 50% of the lot area. Included within this, a minimum of 20% of the lot area shall be covered in trees and shrubs.
## C1.7 Height of Buildings
No Building shall exceed 9.15 metres (30 feet) in height, measured from the average Grade surrounding the Building to the roof peak, excluding chimneys and aerials. The height of a Guest House shall not exceed 8.53 metres (28 feet). NoNo Boathouse shall exceed 4.27m (14 ff) measured from the average Grade surrounding the Building to the roof peak excluding chimneys and aerials. No Garage in the front yard of a rear lot shall exceed 5.49 metres (18 feet) measured from the average grade surrounding the Building to the roof peak excluding chimneys and aerials.
## C1.8 Sanitary Sewer Service
All Dwellings, including Guest Houses but excluding temporary Dwellings and Recreational Vehicles, shall be connected to a municipal piped sanitary sewer sewage disposal.
## C1.9 Recreational vehicles
- C1.9.1 Except as permitted under 1.9.4 below, only one Recreational Vehicle shall be situated on a Lot at any one time.
- C1.9.2 No permit is required for the first sixty days in each year that a Recreational Vehicle is parked on a Lot.
- C1.9.3 A Recreational Vehicle may be parked on a Lot for a period in excess of sixty days in each year provided that a temporary development permit is obtained each year.
- C1.9.4 Upon receiving two weeks notice, the Development Authority may issue a permit allowing more than one Recreational Vehicle on a Lot for an extraordinary event such as a family reunion.
- C1.9.5 A single Recreational Vehicle may be stored or parked if the owner of the Lot has been issued with a temporary annual development permit.
- C1.9.6 A Recreational Vehicle may be placed on a Lot and used as the principal Dwelling while a permanent Dwelling, for which a development permit has been issued, is under construction.
- C1.9.7 All Recreational Vehicles, whether occupied or not, shall be located in the rear Yard of the Lot.
## C1.10 Guest Houses
| C1.10.1 | Guest houses shall be of new, conventional construction and good appearance. |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| C1.10.2 | Guest houses shall be constructed only in the rear Yard of a Lot, and behind the Front walls of the main Buildings on the two immediately adjacent Lots except as permitted in C1.4.10. |
| C1.10.4 | Sleeping accommodation in or above a Garage or any other accessory Building is deemed to be a Guest House and where such accommodation exists, no free-standing Guest House shall be constructed on the Lot. |
- C1.10.5 Only one Guest House is permitted on a Lot. A lot may have both a single Boathouse or Garage with sleeping accommodation in the front yard, and a Guest House in the rear yard.
- C1.10.6 A Guest House shall not be rented or leased except to a person who is concurrently renting or leasing the main Building.
## C2. Regulations for the Institutional Camp district
C2.1 Permited Following uses are permited in the Insitutional Camp district:
- C2.1.1 new Buildings and uses such as bunkhouses, assembly halls, kitchens, and other Buildings and facilities required for the accommodation, instruction, and recreation of campers or groups affiliated with the organization which owns and operates the facility,
- C2.1.2 staff residences, to a maximum of one per Lot, and
- C2.1.3 Buildings and uses accessory to the above.
## C2.2 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
- C2.2.1 moved-in Buildings, including modular structures erected on permanent foundations,
- C2.2.2 Recreational Vehicles, and
- C2.2.3 the use of the Site and Buildings by campers or groups not affiliated with the organization which owns and operates the facility.
## C2.3 Density of Development
- C2.3.1 When issuing a development permit, the Development Authority may specify the maximum number of people and vehicles that will be on the Site at any time, and any increase in these numbers shall require a new development permit.
## C2.4 Yards and Setbacks
- C2.4.1 Yards and setbacks in the Institutional Camp district shall be the same as those required in the Residential district.
## C2.5 Lot Coverage
C2.5.1 No more than twenty per cent of the area of a Lot shall be covered by Buildings.
## C3. Regulations for the Non-residential Recreation District
## C3.1 Purpose
The purpose of the Non-residential Recreation District is to recognize the existence and to set rules for the management of privately owned Lots which have recreational value but which are too small to accommodate a Building.
## C3.2 Permitted uses
The following uses are permitted in the district:
- C3.2.1 Private recreational activities which do not require the existence of a Building on site.
- C3.2.2 Recreational vehicles shall not be parked in this district.
## C3.3 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
[None currently listed]
## C4. Regulations for the Park district
## C4.1 Permitted uses
The following uses are permitted in the Park district:
- C4.1.2 parks and recreation areas,
- C4.1.2 public Buildings, and
- C4.1.3 Buildings and uses accessory to the above uses.
## C4.2 Other regulations
The Development Authority may impose such regulations as it thinks fit to ensure that public parks are developed to a high standard and are compatible with adjacent nearby Dwellings:
## Index of Key Words
Abut..
Abutting.
abutting.
Accessory Building...
Amendments....
Time to File Valid Appeal
Appeal...
Ippeals...
Application to Change and Use Districts.
Building....
Boathouses..
Building Here cra..
Contravention...
Decision of Appeal Board
Decks...
Demolition
Deptl...
Derelict..
Derelict Automobiles .
Development Authority
Development Permit...
Development Permit Not Required
Discretionary Use.
District Camp Non-Residential Recreation.
Park
Regulations for All Districts
Residential
Diversion of water.
Drainage.
Encroachment.
Dwelling ...
Encroachment into Setbacks.
Existing
Evidence..
Existing Buildings..
Fees.
Fences...
No Requirement for Development Permit
Finished Grade
Fencing...
First Storey.
..... 4
4, 12,19
.. 4
.. 4, 6, 21,24
......15
.. 9, 14, 15
... 13
.... 14
10-11
... 15
.. 4, 20, 21, 22, 23
... 5
6
15
14
21
... 5,11
5
5
... 19
4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 18, 20, 22, 23, 24, 26
5,9, 18
.. 9
5, 20, 24, 26
8,24
17
8,26
8,26
... 18
8,20
5, 6, 7, 20, 23
....21
21
... 14
.... 5
10,16
.... 19
.. 11, 15, 18
.... 10
19
6
.5
Floor Area...
Front.
Garage.
Garages
Grade.
Grading..
Guest House
Guest houses.
Guest Houses
Height Boathouses..
Buildings
fence..
Sheds
Home Business.
Lot Coverage...
Main Building
Maintenance..
Metric...
Mobile Home..
Modular Home..
modular homes ...
Moved-in Buildings..
Moyed-In Bulldings
Non-Conforming....
Notice.....
Partition Changes
Permits.
Permitted Use..
Play structures..
Posters and billboards
Public Park.
Real Property Report
Rear........
Recreational Vehicle.
Recreational vehicles .......
Refusal to issue Development Permit ..
Repair.....
Saunas.
Non-Conforming Buildings
Screen
Sheds.
Sewer.
Signs
Storey.
Site Coverage.
Subdivision and Development Appeal Board
Valid appeal.
Temporary..
.... 22
... 6, 8, 10, 11, 19, 20, 21, 23
6,21,24
.... 5, 6, 7, 11,21,23
21,22
. 18
6,23,24
... 23
.20
23
19
10
10
20
9
....
7
11,-
7, 8, 10, 11, 20
... 6, 7, 20, 23, 24
23, 1
26
.. 9
.10
20
19
... 23
10,20
... 22
· 9,19
5,7,21,22
.. 7,20
9,14,15
.. 13
Voiding of Development Permit.... Yards and Setbacks Relaxation 1 500 52 102,2.24