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SUMMER
VILLAGE OF
SOUTH VIEW
Land Use Bylaw
No. 179
Consolidated to December 9, 2015
Summer Village of South View : LAND USE BYLAW 179
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Summer Village of South View : LAND USE BYLAW 179
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Table of Contents
PART 1 - GENERAL ....................................................................................................... 6
1.1
TITLE ............................................................................................................................................ 6
1.2
SCOPE ........................................................................................................................................... 6
1.3
PURPOSE ...................................................................................................................................... 6
1.4
PREVIOUS BYLAW ...................................................................................................................... 7
1.5
METRIC AND IMPERIAL MEASUREMENTS .............................................................................. 7
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT .................................................... 7
1.7
EFFECTIVE DATE ........................................................................................................................ 7
1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS ............................................................ 8
1.9
DEFINITIONS OR MEANINGS ................................................................................................... 8
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 ......................................................................................................... 34
3.4
DEVELOPMENT PERMIT APPLICATIONS ............................................................................... 34
3.5
DEVELOPMENT PERMITS AND NOTICES .............................................................................. 36
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS ..................................................... 37
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS .................................... 39
3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS ...................................... 39
3.9
CONTRAVENTION ..................................................................................................................... 40
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES ................................................................ 41
3.11
DEVELOPERS' RESPONSIBILITY ............................................................................................. 43
PART 4 - GENERAL DEVELOPMENT REGULATIONS ................................................... 45
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4.1
PRINCIPAL BUILDING OR USE ............................................................................................... 45
4.2
DWELLING UNITS ON A PARCEL ........................................................................................... 45
4.3
BUILDING ATTACHED TO A PRINCIPAL BUILDING ............................................................ 45
4.4
BUILDING ORIENTATION AND DESIGN ............................................................................... 45
4.5
RELOCATION OF BUILDINGS ................................................................................................. 46
4.6
EXCAVATION, STRIPPING AND GRADING ............................................................................ 47
4.7
PROJECTIONS OVER YARDS ................................................................................................... 48
4.8
GARAGES AND ACCESSORY BUILDINGS .............................................................................. 49
4.9
GARAGE AND GARDEN SUITES .............................................................................................. 50
4.10
SECONDARY SUITES ................................................................................................................ 52
4.11
CORNER AND DOUBLE FRONTING PARCELS ....................................................................... 53
4.12
CORNER SIGHT TRIANGLES ................................................................................................... 53
4.13
BUILDING DEMOLITION .......................................................................................................... 54
4.14
AUTOMOBILE PARKING AND LOAD REQUIREMENTS ......................................................... 54
4.15
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ........................................................... 59
4.16
FENCES ....................................................................................................................................... 60
4.17
HOME OCCUPATIONS .............................................................................................................. 61
4.18
BED AND BREAKFAST OPERATIONS ..................................................................................... 64
4.19
RECREATIONAL VEHICLES AND TEMPORARY LIVING ACCOMMODATIONS .................. 64
4.20
GENERAL SIGN REGULATIONS .............................................................................................. 65
4.21
SIGNS IN COMMERCIAL DEVELOPMENTS ............................................................................ 66
4.22
KEEPING OF ANIMALS ............................................................................................................. 66
4.23
SEA CANS ................................................................................................................................... 67
4.24
FIRE PITS ................................................................................................................................... 67
PART 5 - LAND USE DISTRICTS AND REGULATIONS ................................................ 68
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES ............................................................. 68
5.2
R - RESIDENTIAL ..................................................................................................................... 70
5.3
RRVP - RESIDENTIAL RECREATIONAL VEHICLE PARK DISTRICT ................................... 72
5.4
US - URBAN SERVICES ............................................................................................................ 77
5.5
P - PARKS .................................................................................................................................. 78
5.6
UR - URBAN RESERVE ............................................................................................................. 79
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PART 6 - ADMINISTRATION ...................................................................................... 80
6.1
SCHEDULES ............................................................................................................................... 80
6.4
SCHEDULE "A" - LAND USE BYLAW MAP .............................................................................. 81
INDEX OF KEY WORDS IN THE TEXT ......................................................................... 82
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PART 1 - GENERAL
1.1
TITLE
This Bylaw may be referred to as "The Summer Village of South View 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 South View 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 South View;
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g) establish the Development Authority and the office of the Development Officer
for the Summer Village of South View.
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 and final 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 Authority
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
Authority 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;
"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 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
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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;
"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;
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"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 South View;
"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:
a) the carrying out of any construction or excavation, or other operations, in, on,
over or under land, or the making of any change in the use or the intensity of
use of any land, buildings or premises, and, without restricting the generality
of the foregoing, includes the removal of topsoil. For the purposes of this
Bylaw, development also means the demolition of a building,
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b) 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,
c) the placing of refuse or waste material on any land,
d) the resumption of the use for which land or buildings had previously been
utilized,
e) the use of the land for the storage or repair of motor vehicles or other
machinery or equipment,
f) the continued use of land or of a building for any purpose for which it is being
used unlawfully when this Bylaw comes into effect,
g) 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,
h) the erection of signs,
i) 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
j) removal of top soil, trees and earth and gravel extraction from the land,
k) the installation of any type of sewage disposal system including, but not limited
to, holding tanks and outside privies,
l) 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;
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"DEVELOPMENT PERMIT" - means a certificate or document permitting a specified
development and includes, where applicable, a plan or drawing or a set of plans or
drawings, specifications or other documents. This permit is separate and distinct from
a building permit;
"DISCONTINUED" - means the time at which, in the opinion of the Development
Officer, substantial construction activity or 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, as amended), 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;
"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 extensive
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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;
"GARAGE SUITE" - means a single storey accessory dwelling, which is located above
a detached garage. A Garage Suite is accessory to a building in which the principal
use is a single detached dwelling. A garage suite has cooking facilities, food
preparation, sleeping and sanitary facilities which are separate from those of the
principal building located on the site. A garage suite has an entrance separate from
the vehicle entrance to the detached garage, either from a common indoor landing or
directly from the exterior of the structure. A garage suite does not include Secondary
Suites or garden suites.
"GARDEN SUITE" - means a single storey dwelling, which is located in a building
separate from the principal use which is a single detached dwelling. A garden suite
has cooking facilities, food preparation, sleeping and sanitary facilities which are
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separate from those of the principal building located on the site. This use class does
not include secondary suites or garage suites.
"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;
"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 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;
"HIGH WATER MARK" - means the line that separates the Crown-owned bed and
shore of a water body from the adjacent private land is called the legal bank (defined
in the Surveys Act). Its location is synonymous with what is commonly known as the
ordinary high water mark. In most cases, it is a distinct line formed by the normal,
long-continued action or presence of surface water along the land at the edge of the
lake (not affected by occasional periods of drought or flooding).
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"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;
"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.) in width 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;
"MAJOR" - means where added as a prefix to a permitted or discretionary use, a use
which due to its nature or relatively large size will, at the discretion of the Development
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Authority, have a large impact on surrounding uses, or which is intended to serve a
larger area;
"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 standards;
a) a minimum roof pitch of 5.0 cm. (2.0 in.) of vertical rise for every 30.5 cm.
(12.0 in.) of horizontal run (2.0:12.0 pitch);
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 ft.) from the primary
surface of each façade;
d) have a minimum length width (or width length) ratio of 2.0:1.0;
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
Development Authority, 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
Summer Village of South View : LAND USE BYLAW 179
Page 17
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 2.0:1. This rule 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 South View;
"NON-CONFORMING BUILDING" - means a building:
a) 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
b) 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:
a) 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
b) 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;
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Page 18
"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
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 an establishment where a
combination of food and non-alcoholic drink are normally consumed either outside or
inside the confines of the establishment;
"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;
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"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;
"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,
a) occupies the major or central portion of a parcel,
b) is the chief or main building among one or more buildings on the parcel, or
c) 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;
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"PUBLIC PARK" - means an active or passive public recreation area together with
any accessory buildings or uses complimentary to the said recreational purpose;
"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:
a) non-facility oriented recreational activities such as hiking, cross country skiing,
rustic camping, and other similar uses, and
b) 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;
"ROOF SIGN" - see SIGN, ROOF;
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"SECONDARY SUITE" - means a development consisting of a Dwelling located
within, and accessory to, a structure in which the Principal Use is a Single Detached
Dwelling; the second storey of a detached garage; or an accessory building or
structure. A Secondary Suite has cooking facilities, food preparation, sleeping and
sanitary facilities which are physically separate from those of the Principal Dwelling
within the structure. A Secondary Suite also has an entrance separate from the
entrance to the Principal Building, either from a common indoor landing or directly
from the side or rear of the structure. This use class includes the Development or
conversion of basement space or above-grade space to a separate Dwelling, or the
addition of new floor space for a Secondary Suite to an existing Single Detached
Dwelling. This use class does not include garage suite or garden suite.
"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;
"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
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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 1.0 m. (3.3 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
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(or width to length) ratio of no more than 2.0:1.0. 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;
"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;
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"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 two (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 lakeshore 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 Parks) and
the wall of the main building facing Lake Isle;
"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 South View is established
under this Bylaw pursuant to Section 624 of the Municipal Government Act.
2. The Development Authority for the Summer Village of South View is:
a) the person(s) appointed by resolution of Council as Development Officer
pursuant to this Bylaw, and
b) the Municipal Planning Commission established by Bylaw pursuant to the
Municipal Government Act.
c) the Council for the Summer Village of South View 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 South
View.
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 South View.
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 therefore.
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 South View, 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 South
view, as established through the Summer Village of South view 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.
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6. Following passage of the first reading to an amending bylaw, the Development
Officer shall issue notice of the public hearing:
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:
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a) any representations made at the public hearing; and
b) the Municipal Development Plan, any other Statutory Plan affecting the subject
property, and the provisions of the Land Use Bylaw;
may
(i)
make such amendments or changes as it considers necessary to the
proposed bylaw, if any, and proceed to pass the proposed bylaw; or
(ii)
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
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been 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 sq. m. (100.1 sq. ft.) 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 South view;
n) traffic signs authorized by the Summer Village of South view 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 sq. m. (2.0 sq. ft.) in area, subject to all other
orders, bylaws and regulations affecting such signs;
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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 sq. m. (6.0 sq. ft.) in area, and
(ii)
such signs for a multiple dwelling parcel, a commercial parcel does not
exceed 3.0 sq. m. (32.0 sq. ft.); 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)
the 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
responsibility 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 1.1 sq. m. (12.0 sq. ft.) in area, and
(ii)
there shall be a limit of one sign for each side of the land or buildings
on a different street;
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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 sq. m. (32.0 sq. ft.) 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;
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) erection of radio towers, antennas, poles, etc. not exceeding 4.5 m. (15.0 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) a fire pit;
x) flagpoles shall be permitted in the front yard, so long as same are not erected
on public land;
y) 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;
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(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)
The No materials, goods or finished products for business purposes are
stored on-site;
(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.
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,
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(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.
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
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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 and 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 or 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) require the applicant to post a notice of the decision conspicuously on the
property for which the application has been made; and/or
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.
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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
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.
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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.
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:
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.
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4. Temporary Permits:
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
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against the Certificate of Title for the land that is subject of the order pursuant to
Section 646 of the Municipal Government Act.
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,
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,
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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.
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 South View Land Use Bylaw, or a development
permit, as the case may be.
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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:
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:
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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 Sections 4.9 and 4.10, 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 South View;
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:
a) amenities such as daylight, sunlight and privacy,
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b) the character of existing development in the district, and
c) 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, unless the Development Authority approves the placement; 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 alteration.
Notwithstanding any other provision of this Bylaw, no mobile homes may be moved
into the corporate boundaries of the Summer Village of South View 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.
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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.
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.
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2. Pursuant to subsection (1) and in addition to the requirements of Section 3.1 of
this Bylaw, development permit applications for landscaping shall be accompanied
by a landscaping plan and indicate any existing or proposed retaining wall
construction.
3. The landscaping plan shall be provided upon occupancy of the development, a
minimum topsoil coverage of 7.6 cm. (3.0 in.) 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 sq. m. (2000.0 sq. ft.) 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 South View, 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 4.8 of this Bylaw.
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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 m. (3.9 ft.) to a property
boundary adjoining a privately owned lot.
4.8
GARAGES AND ACCESSORY BUILDINGS
1. In residential districts detached garages and accessory buildings shall be located
according to the following:
a) The maximum total combined floor area of all accessory buildings upon the site
shall be 111.5 sq. m. (1200 sq. ft.),
b) no closer to the front yard than the closest portion of the principal building,
c) a minimum of 2.0 m. (6.56 ft.) from the principal building,
d) 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,
e) an accessory building shall not be more than 9.0 m. (29.8 ft.) in height, and
shall not exceed the height of the main building,
f) where an accessory building is a garage, vehicle access doors shall be a
minimum of 6.0 m. (20.0 ft.) from the property line with the roadway or lane,
g) no roof overhang shall be situated within 0.3 m. (1.0 ft.) of the side and rear
property boundary, and
h) 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.
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3. Notwithstanding any other provision of this Bylaw, a maximum of one garage per
lot may be considered a "permitted" use.
4.9
GARAGE AND GARDEN SUITES
1. A Garage Suite shall be developed as an integral part of a detached garage where
the principal building is a single detached dwelling.
2. Only one secondary suite, garage suite or garden suite may be developed in
conjunction with a principal building on a site.
3. A Garage Suite shall have an entrance separate from the vehicle entrance to the
detached garage, either from a common indoor landing or directly from the
exterior of the structure.
4. The minimum site width for a site with a garage suite or a garden suite shall be
12.0 m. (39.4 ft.).
5. The maximum height of a garage suite shall be 6.5 m. (21.3 ft.), or the height of
the principal building, whichever is the lesser.
6. The maximum height of a garden suite shall be 4.5 m. (14.8 ft.).
7. The maximum floor area for garage and garden suites shall be 60.0 sq. m. (645.8
sq. ft.).
8. The minimum floor area of a garage suite or garden suite shall be 30.0 sq. m.
(322.9 sq. ft.).
9. The minimum side yard setback shall be:
a) For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
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b) For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
c) On a corner site where a Garage Suite or Garden Suite abuts a flanking street,
other than an alley, the minimum street side yard setback shall not be less than
that provided for the principal building.
10. The minimum distance between a detached garage containing a Garage Suite, or
Garden Suite and the principal building on the same site shall be 4.0 m. (13.1 ft.).
11. A minimum of one parking stall shall be provided in addition to the required
number of parking stalls for the principal building.
12. No decks on Garage Suite or Garden Suite roofs shall be allowed.
13. Balconies shall be allowed as part of a Garage Suite developed above a detached
garage only where the balcony faces the alley or a flanking street.
14. Windows contained within the Garage Suite portion of the detached garage shall
be placed and sized such that they minimize overlook into yards and windows of
abutting properties through one or more of the following:
a) Off-setting window placement to limit direct views of abutting rear or side yard
amenity areas, or direct view into a Garage Suite or Garden Suite window on
an abutting site;
b) Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c) Placing larger windows such as living room windows, to face an alley, a flanking
street, or the larger of any side yard abutting another property.
15. A Garage Suite or Garden Suite shall not be allowed within the same site containing
a Secondary Suite, Group Care Facility or Limited Group Home, or Home
Occupation.
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16. Where Garage Suites are discretionary within the applicable district, the
Development Authority may exercise discretion in considering a Garage Suite
having regard to:
a) Compatibility of the use with the siting, grade elevations, height, roof slopes
and building types and materials characteristic of surrounding low density
ground-oriented housing and development;
b) The effect on the privacy of adjacent sites; and
c) The policies and guidelines for Garage Suites contained in a Statutory Plan for
the area.
4.10
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 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.
3. A secondary suite shall not contain more than fifty percent (50%) of the total floor
area of the principal dwelling.
4. 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.
5. Required parking stall(s) shall not be allowed on public roadways.
6. Prior to its use as an approved secondary suite the property owner shall be
required to meet all applicable safety code requirements.
7. The applicant shall provide an original copy of a fire inspection report to the
Development Officer, no older than one (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.
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4.11
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.
4.12
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 6.1 m. (20.0 ft.) 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 3.05 m. (10.0 ft.) 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 0.9 m. (3.0 ft.) 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 0.6 m. (2.0 ft.) 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.
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4.13
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.
4.14
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.
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b) All parking areas shall conform to the minimum parking standards set out in
the Summer Village of South View 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
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 sq. m. (430.0 sq. ft. ) of
gross leasable area
Medical and dental offices or clinics
1 space for each 30.0 sq. m. (323.0
sq. ft.) 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 sq. m. (10,764.0 sq. ft.)
or less
1 per 30.0 sq. m. (323.0 sq. ft.) of
gross leasable floor area
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Retail and personal service shops and
shopping centre buildings with a gross
leasable area of between 1000.0 sq. m.
and 4000.0 sq. m. (10,764.0 sq. ft. and
43,057.0 sq. ft.)
1 per 20.0 sq. m. (215.0 sq. ft.) of gross
leasable floor area
Retail and personal service shops and
shopping centre buildings with a gross
leasable area of more than 4000.0 sq.
m. (43,057.0 sq. ft.) on one parcel
1 per 17.0 sq. m.(183.0 sq. ft.) of gross
leasable area
Restaurants, beer parlours and cocktail
bars
1 for each 6.0 sq. m. (65.0 sq. ft.) 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 sq. m. (140.0 sq. ft.) 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
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 sq.
m. (75.0 sq. ft.) 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
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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 sq. m. (1,076.0 sq. ft.) 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.
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 4.14.2;
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(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 m. (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 South View 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 4.14.3(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 South View 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 South View will be used only for the
development or improvement of municipal, off-street parking facilities.
4. OFF-STREET 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.
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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 sq. m. (5,000.0 sq. ft.) of gross floor area, one space;
(ii)
two spaces for between 465.0 sq. m. (5000.0 sq. ft.) and 2,323.0 sq.
m. (25,000.0 sq. ft.) of gross floor area, and one additional space for
each additional 2,323.0 sq. m. (25,000.0 sq. ft.) 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 sq. m. (30,000.0 sq.
ft.) of gross floor area and for each additional 2,787.0 sq. m. (30,000.0
sq. ft.) or fraction thereof, one additional space; and
(iv)
neighbourhood commercial stores, one loading space.
4.15
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. All matters related to unsightly property, improper storage of vehicles, parking of
commercial vehicles over 5,500.0 kg. (12,125.42 lbs.) shall be addressed through
the Municipal Government Act and bylaws adopted by Council other than this Land
Use Bylaw.
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.
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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.
4.16
FENCES
1. RESIDENTIAL DISTRICTS
a) In any residential district, except as herein provided:
(i)
No fence shall be constructed that is:
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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.
b) Development Authority approval is required for fence construction at heights
in excess of those provided for in Section 3.2 of this Bylaw and shall require an
approved development permit.
c) 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 South View.
4.17
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 5,500.0 kg.
(12,125.42 lbs.) 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:
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(i)
activities that use or store hazardous material in quantities exceeding
those found in a normal household; or
(ii)
any use that would in the opinion of the Development Authority,
materially interfere with or affect the used, enjoyment, or value of
neighboring properties.
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. (4.3 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.
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4.18
BED AND BREAKFAST OPERATIONS
In addition to all other provisions and requirements of Section 4.17 of this Bylaw, the
following additional requirements shall apply to home based business in the form of
bed and breakfast operations:
a) Persons wishing to operate a bed and breakfast operation shall be required to
apply for a development permit from the Summer Village of South View.
b) A bed and breakfast operation shall be limited to residential land use districts
and shall be contained entirely within the principal building.
c) 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.
d) In addition to the off-street parking requirements for the dwelling unit itself,
as stipulated in Section 4.14(2) of this Bylaw, 1 (one) off-street parking space
per rented guest room shall be required for a bed and breakfast operation.
4.19
RECREATIONAL
VEHICLES
AND
TEMPORARY
LIVING
ACCOMMODATIONS
1. A total maximum of any two (2) vehicles, be they recreational vehicles, holiday
trailers, motor homes, campers or tent trailers, may be situated, either occupied
or unoccupied for storage purposes, on a residential parcel provided that they:
a) are located within a required parking stall or on the site in a manner satisfactory
to the Development Authority.
b) have access to an approved sewage collection system when occupied for more
than fourteen (14) consecutive days in a calendar year.
2. At no time may a person store any derelict recreation vehicle on a property.
Dereliction may be assessed by inoperability, immobility, excessive rust, decay or
damage, fluid leaks, abandonment, lack of registration, or any or all of these.
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4.20
GENERAL SIGN REGULATIONS
1. All temporary signs shall be regulated and controlled through a separate Municipal
Sign Bylaw.
2. 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.
3. 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.
4. 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.
5. 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.
6. No sign shall be illuminated unless the source of light is suitably shielded and does
not interfere with vehicular traffic.
7. There shall be a minimum clearance height of 2.5 m. (6.0 ft.) above finished grade
to the bottom of any sign projecting over a public right-of-way or sidewalk.
8. No sign shall project more than 1.5 m. (5.0 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.
9. No sign shall project more than 1.5 m. (5.0 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.
10. The Development Officer may refuse to allow any sign which is deemed to be
offensive in nature or inappropriate in design.
11. The area around sign structures shall be kept clean and free of overgrown
vegetation and free from refuse material.
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12. 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.
4.21
SIGNS IN COMMERCIAL DEVELOPMENTS
Where commercial buildings are permitted the following regulations shall apply:
a) For each principal building, one identification sign; not to exceed 3.0 sq. m.
(32.29 sq. ft.) in area.
b) 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.
c) 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.
d) 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 sq. m. (9.68 sq. ft.) of copy for each lineal metre of building
occupancy.
e) If the occupancy is on a corner, one wall sign will be permitted for each face.
f) If the building includes a canopy, each tenant will be permitted one under-
canopy sign of no more than 0.5 sq. m. (5.38 sq. ft.).
4.22
KEEPING OF ANIMALS
1. No person shall keep or permit to be kept in any part of any yard in any Land Use
District any livestock except as described in Part 5 of this Bylaw.
2. No person shall keep or permit to be kept in any part of any yard in any Land Use
District any pets or domestic animals of any kind on a commercial basis, that is,
for the purpose of breeding or caring in exchange for pay or other compensation
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or remuneration, unless said keeping occurs within the confines of an approved
kennel.
3. In addition to this Section, the regulations in the Residential Districts respecting
the keeping of animals will apply
4.23
SEA CANS
As a condition of granting a development permit for a sea can, the Development
Authority may require the sea can to conform aesthetically to buildings upon adjacent
properties and those within the District. This may include, but is not limited to,
buffering it from public view and/or enclosing it entirely within a building.
4.24
FIRE PITS
Within the corporate limits of the Summer Village of South View, fire pits must:
a) Be at least 3.0 m. (10.0 ft.) from buildings, property lines and anything else
that could catch fire.
b) Be less than 1.0 m. (3.0 ft.) wide.
c) Be less than 0.6 m. (2.0 ft.) high.
d) Have enclosed sides made from bricks,
concrete or heavy-gauge metal.
e) Have a mesh screen on top to stop sparks
(spark-arrestor) with openings smaller than 1.25 cm. (0.5 in.).
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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 South View is divided into
the following districts:
Short Form
District Designation
R
Residential
RRVP
Residential Recreation Vehicle Park
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:
a) Where a boundary is shown as following a street, lane, stream or canal, it shall
be deemed to follow the centre line thereof.
b) Where a boundary is shown as approximately following a lot line, it shall be
deemed to follow the lot line.
c) In circumstances not covered by 3a or 3b the location of the district boundary
shall be determined by:
(i)
Where dimensions are set out on the Land Use District Map, by the
dimensions so set; or
(ii)
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.
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4. Where the application of the above rules does not determine the exact location of
the boundary of a district, 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 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. Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
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5.2
R - RESIDENTIAL
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
Recreational
Vehicles
and
Temporary
Living
Accommodations
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 sq. m. (800.0 sq. ft.).
5. Maximum Height
The height of all structures shall not exceed 9.0 m. (29.5 ft.) and is subject to the
provision of this Bylaw.
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6. Minimum Parcel Width and Area
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. (6000.0 sq. ft.).
7. Minimum Front Yard Setback
a) Lakefront lots: at the discretion of the Development Officer, but not less than
8.0 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
RRVP - RESIDENTIAL RECREATIONAL VEHICLE PARK DISTRICT
1. General Purpose of District
The general purpose of this District is to provide for Recreational Vehicle Park
opportunities within the Summer Village.
2. Permitted Uses
Discretionary Uses
Accessory Buildings
Public Parks
Recreational Vehicle Park
Accessory Uses
Camp Sites
Public Uses
Residential Dwelling (one per park)
Tent Sites
3. Development Regulations
a) Prior to granting a development permit for a Recreational Vehicle Park, the
developer shall enter into an agreement with the municipality specifying the
respective obligations to be assured by him the Municipality regarding:
(i)
Storm drainage, ditching
(ii)
Sewage collection system
(iii)
Water distribution system
(iv)
Utilities and lighting
(v)
Roadways, walkways, sidewalks
(vi)
Garbage disposal
(vii)
Parks, playgrounds, landscaping, fencing
(viii) Fire pits, cook houses, and
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(ix)
Any other services deemed necessary by the municipality.
b) The standards of construction for the items in 3a above.
c) The manner by which the costs of the items in 3a above are to be met or
recovered.
d) The period of time for the completion of construction or installation of the
development.
e) Such other matters as may be deemed necessary by the Development
Authority.
4. General Regulations
a) Each application shall be accompanied by a detailed landscaping and site
development plan indicating:
(i)
roadways, sidewalks
(ii)
park area, buffers, and fencing
(iii)
individual recreational vehicle sites
(iv)
any commercial or permanent residential sites
(v)
utility and servicing
(vi)
location of sewer, water, waste disposal and storm drainage facilities
(vii)
fire pits, cook houses
(viii) setbacks from lakeshore and tributaries
(ix)
adjacent land use, and
(x)
such other matters as the Development Authority may require.
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b) The applicant may be required, as a condition of development to deliver a
penalty bond to the amount of 25% of the estimated cost of landscaping to
ensure completion of said landscaping.
c) Each area serving for recreational vehicle parking shall consist of a gravel,
cement or asphalt pad.
d) The park shall be enclosed and screened by trees, fencing, landscaping
features or a combination thereof.
e) Roadways shall consist of an all-weather surface and be maintained as such.
5. Density and Minimum Area
a) The minimum parcel area of a recreational vehicle park shall be 1.0 ha. (2.57
ac.).
b) The minimum area provided to park a recreational vehicle shall be 93.0 sq. m.
(1000.0 sq. ft.).
c) The maximum recreational vehicle density for a park shall be 37 recreational
vehicles per ha. (15 recreational vehicles per ac.).
6. Sewage Disposal
a) A recreational park shall be serviced by a sewage collection system capable of
handling the generated effluent from the maximum population capacity of the
park.
b) A development permit shall be required for construction of a sewage collection
system.
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7. Water Supply
a) The Development Authority, prior to issuing a development permit, may require
the applicant to submit information with regards to the supply of water.
b) A recreational vehicle park shall be required to provide:
(i)
A potable water supply capable of meeting the consumption demand of
the maximum capacity of the park.
(ii)
A water supply suitable to meet peak demand for facilities related to the
washing, laundry, showering or sewage disposal either as provided by
the park or as would reasonably be expected to be self-contained within
the recreational vehicle itself.
8. Signs
a) Identification signs to a maximum of 1.8 m. (6.0 ft.) above grade and to a
maximum area of 2.99 sq. m. (32.0 sq. ft.) may be located at the principal
entrances to the park.
b) Directional signs within the park shall be integrated into design and appearance
and kept in scale with the immediate surroundings to the satisfaction of the
Development Authority.
9. Parking
a) There shall be at least one (1) parking stall provided for each site.
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10. Tenting or Camping Ground
a) A recreational vehicle park may provide an area for camping to a size and
density as determined by the Development Authority.
b) A development permit for a tenting or camping ground may be issued subject
to the condition that it remain in effect for one season only whereby the permit
shall expire on a specified date and a new application be required for the
following season.
11. Setbacks:
a) The setbacks for a recreational vehicle park and associated facilities shall be to
the satisfaction of the Development Authority who shall ensure that adequate
protection for the amenities and environment of adjacent developments.
b) The Development Authority shall ensure that setbacks from existing
incompatible uses near the park are sufficient to protect park users.
c) Setback from the lakeshore or lake tributaries and the nearest site for
recreational vehicle parking accommodation shall be at the discretion of the
Development Authority, but not less than 15.0 m. (50.0 ft.).
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5.4
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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5.5
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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5.6
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.
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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PART 6 - ADMINISTRATION
6.1
SCHEDULES
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6.4
SCHEDULE "A"
-
LAND USE BYLAW MAP
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INDEX OF KEY WORDS IN THE TEXT
accessory 8, 9, 13, 14, 15, 19, 20, 21, 34, 44, 47, 48, 50, 51,
60, 68, 69, 74, 75
accessory building .................... 8, 9, 13, 14, 21, 44, 48, 60
adjacent . 8, 9, 14, 15, 29, 33, 42, 45, 50, 52, 56, 58, 60, 64,
71, 73
agriculture ....................................................................... 76
amenity area ..................................................................... 8
animals ....................................................................... 13, 64
appeal ................................................ 24, 27, 35, 36, 39, 40
area structure plan ..................................................... 9, 23
bed and breakfast .................................................... 61, 62
boathouse .......................................................................... 8
canopy ............................................................ 22, 23, 63, 64
chattel .............................................................................. 58
contravention ............................................................ 40, 41
corner parcel ............................................................. 12, 13
deck .................................................................................. 17
demolition ........................................................................ 10
development . 6, 7, 8, 10, 11, 12, 16, 17, 19, 20, 21, 22, 24,
26, 27, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43,
44, 45, 46, 47, 50, 51, 53, 55, 56, 57, 59, 60, 61, 62, 64,
70, 71, 72, 73, 74, 75, 76
discontinued .................................................................... 11
discretionary use ................................................ 16, 34, 37
dwelling 8, 10, 11, 13, 14, 15, 16, 17, 21, 22, 23, 24, 32, 34,
44, 47, 48, 51, 53, 54, 59, 60, 61, 62, 76
easement ......................................................................... 32
effective date .............................................................. 7, 31
excavation ........................................................... 10, 33, 58
fences ......................................................................... 31, 59
fire pits ................................................................. 34, 65, 71
flagpole .............................................................................. 9
floor area .................... 14, 23, 32, 38, 48, 49, 51, 54, 55, 57
foundation ........................................................... 12, 32, 47
front yard ............................... 19, 25, 33, 34, 48, 51, 52, 59
garage ......................... 13, 14, 17, 21, 48, 49, 50, 60, 61, 68
garden suite ........................................................ 14, 21, 49
gates................................................................................. 31
grade ................. 9, 10, 13, 14, 18, 21, 23, 33, 50, 52, 63, 73
guest house ..................................................................... 14
hard surfacing ................................................................. 33
hazardous material ......................................................... 60
high water mark ....................................................... 14, 25
home occupations .................................................... 59, 61
home office ..................................................................... 34
lakefront .......................................................................... 33
lakeshore ............................................................... 8, 15, 71
landscaping ............................ 33, 46, 47, 50, 70, 71, 74, 75
lane ........................................................... 23, 24, 32, 48, 66
liquor ................................................................................ 21
livestock ..................................................................... 13, 64
major ................................................................... 14, 16, 19
manufactured home ......................... 15, 16, 17, 23, 44, 76
minor ........................................................................... 9, 75
mobile home ............................................................. 17, 23
modular home .................................................... 17, 23, 76
non-conforming .............................................................. 12
notices ............................................................................. 30
parapet wall ................................................................ 9, 23
parcel .... 8, 10, 11, 12, 13, 15, 17, 18, 19, 20, 21, 22, 25, 32,
35, 36, 44, 45, 46, 47, 48, 51, 52, 54, 55, 56, 57, 59, 62,
68, 72, 74, 75
park ........................................... 9, 15, 17, 44, 70, 71, 72, 73
parking 10, 11, 15, 18, 19, 24, 33, 35, 47, 49, 51, 53, 55, 56,
57, 60, 62, 71, 73
parks .......................................................................... 12, 56
permit applications ............................................ 37, 46, 61
permitted use ........................................................... 37, 44
principal building ............... 8, 13, 14, 44, 48, 49, 59, 61, 63
principal use ......................................... 8, 13, 20, 44, 56, 60
privy ................................................................................. 22
processing fee ................................................................ 35
prohibited .................................................................. 24, 58
projections ...................................................................... 18
radio towers .................................................................... 33
recreational equipment ................................................. 20
recreational use .............................................................. 21
recreational vehicle .......................................24, 71, 72, 73
refusal .................................................................. 36, 37, 38
relocation ............................................................ 16, 17, 45
residential ... 8, 15, 24, 32, 34, 44, 48, 51, 56, 57, 58, 59, 61,
62, 71
restricted ......................................................................... 58
schools ....................................................................... 14, 55
secondary suite ........................................................ 49, 51
separation space ............................................................ 21
setback ............................................... 37, 38, 49, 51, 62, 63
sewage disposal system ................................................ 11
Summer Village of South View : LAND USE BYLAW 179
Page 83
shed .................................................................................. 32
sight triangle ................................................................... 52
signs ................................................... 11, 32, 33, 34, 62, 73
single detached dwelling ................................... 13, 17, 32
site plan ........................................................................... 45
storey ................................................................... 13, 21, 23
subdivision and development appeal board................ 24
subdivision authority ...................................................... 24
temporary building ......................................................... 31
temporary living accommodations ............................... 12
traffic ................................ 19, 23, 32, 33, 34, 47, 58, 60, 63
urban services ................................................................ 56
utility ................................. 12, 14, 15, 20, 24, 32, 33, 55, 71
variance ..................................................................... 37, 38
windows .......................................................................... 50
yard ............................. 25, 33, 37, 47, 49, 50, 51, 52, 58, 64