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SUMMER VILLAGE OF
SUNBREAKER COVE
LAND USE BYLAW NO. 99/13
June 2013
Amended by Bylaw #112/16
May 2016
Amended by Bylaw #133/18
November 2018
Amended by Bylaw #136/18
February 2019
Amended by Bylaw #141/19
July 2019
Amended by Bylaw #152-20
October 2020
Prepared by:
Summer Village of Sunbreaker Cove Land Use Bylaw No. 99/13
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW
AMENDMENT BYLAW #152-20
Being a Bylaw of the Summer Village of Sunbreaker Cove, in the Province of Alberta, to
authorize amendments to the Summer Village of Sunbreaker Cove Land Use Bylaw 99-
13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 99-13;
NOW THEREFORE, the Council of the Summer Village of Sunbreaker Cove, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 99/13:
1. Part One: 1.3 - Add "tourist home" definition: means a
discretionary use wherein a dwelling unit is offered for rent to
guests for less than thirty (30) days.
2. Part Three: 4(9), add the following:
Tourist Homes
(a) A development permit is required to operate a tourist home.
Tourist Homes will be issued for twelve (12) months.
Registered owners cannot operate more than one (1) tourist
home in the Residential District (R1).
(b) Tourist homes shall be contained within the principal building
and therefore garage suits shall not be used.
(c) Notwithstanding part three, section 2(3), no recreation vehicle
shall be used as accommodation for tourist home guests.
(d) The maximum number of people staying overnight in a tourist
home shall be two (2) times the number of bedrooms plus
two (2). Floor plan is to be submitted at the time of
application.
(e) The operator of a tourist home shall provide the Summer
Village Office with the name and phone number(s) of at least
one person (adult) that is authorized to act on the
owner/operator's absence. The owner/operator is responsible
for informing the Summer Village Office of any changes in
this information.
(f) The minimum length of stay shall be no less than seven (7)
days in the peak season between May one (1) until
September thirty (30). Otherwise it shall be no less than three
(3) days.
(g) The tourist home shall always abide by the community
standards bylaw regardless of who is occupying the home.
This includes (noise, nuisance, and littering etc.). A summary
of key bylaws will be provided by administration.
(h) In residential districts tourist homes shall not display any sign
advertising the tourist home.
Summer Village of Sunbreaker Cove
Land Use Bylaw Amendment Bylaw #152-20
(i) Adequate parking must be in place on the property or the
road allowance in front of the property, of a minimum of one
stall per bedroom.
(j) Approval of a development permit does not exempt the
owner/operator of a tourist home from complying with any
federal, provincial, or other municipal legislation.
3. Part Four: (R1) District, add the following to Discretionary Uses:
Tourist Home
INTRODUCED AND GIVEN FIRST READING this 20th day of July
2020.
______________________________
Teresa Beets, Mayor
______________________________
Tanner Evans, C.A.O.
PUBLIC HEARING HELD this 31st day of August 2020.
GIVEN SECOND READING this 26th day of October 2020.
GIVEN THIRD AND FINAL READING this 26th day of October 2020.
______________________________
Teresa Beets, Mayor
______________________________
Tanner Evans, C.A.O.
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW AMENDMENT
BYLAW #141-19
Being a Bylaw of the Summer Village of Sunbreaker Cove, in the Province of Alberta, to
authorize amendments to the Summer Village of Sunbreaker Cove Land Use Bylaw
99/13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 99/13;
NOW THEREFORE, the Council of the Summer Village of Sunbreaker Cove, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 99/13:
1. Part Three: 2(3), revise a) through c) to:
a)
No person shall allow a recreational vehicle or other
object which is in a dilapidated or unsightly condition,
or a derelict vehicle to remain or be parked on a parcel
in the residential district, unless it is suitably housed or
screened to the satisfaction of the Development
Authority.
b)
A recreational vehicle shall not be parked on a vacant
parcel except as to provide temporary accommodation
for the registered owner of the parcel, and his/her
immediate family, for:
i) One period of a maximum of sixty (60) consecutive
days following the issue of a Development Permit for a
dwelling unit on the parcel, provided that provisions,
satisfactory to the Development Authority, have been
made for the disposal of sewage. The Development
Authority may, at their sole discretion, allow one (1)
extension of this period, being no longer than an
additional sixty (60) days; and
ii) Such other periods, not in excess of three (3)
consecutive days and a total of seven (7) days per
annum, as may be approved by the Development
Authority to assist in the preparation of a Development
Permit application for the parcel.
c)
A maximum of one (1) recreational vehicle may be
stored permanently on a residential lot.
d)
A maximum of two (2) recreational vehicles may be
used for living and sleeping accommodation by:
i) Bona fide tourists of the registered owner for a
maximum period of thirty (30) days per annum; and
ii) The registered owner of the parcel, and his/her
immediate family, for one period of a maximum of sixty
(60) consecutive days following the issue of a
Development Permit which necessitates temporary
accommodation on the parcel. The Development
Authority may, at their sole discretion, allow one (1)
extension of this period, being no longer than an
additional sixty (60) days.
e)
Towing vehicles and vehicles of bona fide tourists
cannot be parked on the road or on municipal property
unless, at the discretion of the Development Authority,
Summer Village of Sunbreaker Cove
Land Use Bylaw Amendment Bylaw #136-18
a parking permit has been issued from the Summer
Village office.
f)
Underground, permanent utilities (water, power, and
sewer hookups) are strictly prohibited.
g)
Recreational Vehicles and Recreational Vehicle stalls
shall not be rented out for compensation.
h)
Recreational Vehicles must remain on private property
at all times and cannot be stored or used on municipal
land.
2. Part One: 1.7, revise to:
"Development Permit application fees and fees for other
matters arising though this Land Use Bylaw will be
established by Council in the Summer Village of
Sunbreaker Cove Fees Bylaw. Council may amend the
bylaw to increase, decrease or establish new fees by an
amendment bylaw."
INTRODUCED AND GIVEN FIRST READING May 27, 2019.
______________________________
Teresa Beets, Mayor
______________________________
C.A.O.
PUBLIC HEARING HELD this 8th day of July, 2019.
GIVEN SECOND READING this 8th day of July, 2019.
GIVEN THIRD AND FINAL READING this 8th day of July, 2019.
______________________________
Teresa Beets, Mayor
______________________________
C.A.O.
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW
AMENDMENT BYLAW #136-18
Being a Bylaw of the Summer Village of Sunbreaker Cove, in the Province of Alberta, to
authorize amendments to the Summer Village of Sunbreaker Cove Land Use Bylaw 99-
13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 99-13;
NOW THEREFORE, the Council of the Summer Village of Sunbreaker Cove, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 99-13:
1. Part One: 1.3 - Revise "home occupation" definition to: means
any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the
residential use of the building. This shall not include any
cannabis retail sales or cannabis production and distribution.
2. Part Three: 1(1), revise (g) to: An accessory building's footprint
shall be no larger than 8% of the parcels total area.
3. Part Three: 2(2), remove (b): In all other districts, the portion of
and attachments to a main or accessory building which may
project over or on a minimum yard are: (i) Any projection not
exceeding 1.50 m (4.92 ft.) into a front yard or rear yard; (ii) Any
projection not exceeding 0.60 m (1.97 ft.) into a side yard; (iii)
Any projection that is an exterior fire escape not exceeding 1.20
m (3.94 ft.) in width.
4. Part Three: 3(1), revise (b) to: Driveways on corner parcels shall
be setback from the street intersection not less than 6 m (19.69
ft.).
5. Part Three: 3(1), add the following: (f) Driveways to be
constructed of asphalt or gravel within the carriageway (between
the road and private property line).
6. Part Four: (R1) District, add the following to Permitted Uses:
Driveway
Deck/Stairs
Holding Tank
Private Pool
7. Part Four: (R1) District, remove Temporary Building from
Discretionary Uses.
8. Part Four: (R1) District, under Site Development, revise (1)(b)
minimum side yard to: 1.50 m (4.92 ft.), except where it abuts a
community reserve or roadway - 3 m (9.84 ft.) or as required in
the Alberta Building Code, whichever is greater.
Summer Village of Sunbreaker Cove
Land Use Bylaw Amendment Bylaw #136-18
INTRODUCED AND GIVEN FIRST READING this 13th day of
December, 2018.
______________________________
Teresa Beets, Mayor
______________________________
Phyllis Forsyth, C.A.O.
PUBLIC HEARING HELD this day of, 2019.
GIVEN SECOND READING this day of , 2019.
GIVEN THIRD AND FINAL READING this day of , 2019.
______________________________
Teresa Beets, Mayor
______________________________
Phyllis Forsyth, C.A.O.
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW
AMENDMENT BYLAW #133/18
Being a Bylaw of the Summer Village of Sunbreaker Cove, in the Province of Alberta, to
authorize amendments to the Summer Village of Sunbreaker Cove Land Use Bylaw
99/13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 99/13;
NOW THEREFORE, the Council of the Summer Village of Sunbreaker Cove, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 99/13:
1. Part One: 1.3 - Revise "building height" definition to: means the
vertical distance of a building measured from the average grade
to the highest point of the building. This would include, but not
limited to, an elevator housing, stairway entrance, a steeple, a
firewall, a parapet wall or similar device or feature not
structurally essential to the building.
2. Part One: 1.3 - Add "holding tank" definition: means a tank that
complies with the provisions of the Safety Codes Act and the
regulations there under and designed to retain sewage or
effluent until transferred into mobile equipment for disposal.
3. Part Two: 2.3 Permission for Development, add the following:
(13) After receipt of a development permit application, the
Development Authority shall give notice to the applicant by email
as per the email address listed on the Development Permit
Application, that the application is deemed complete or
incomplete.
(a) If the application is deemed incomplete, the notice shall
contain any outstanding documents and information required,
and a date the outstanding documents and information shall be
submitted, set out in the notice or a later date agreed on
between the applicant and the development authority in order for
the application to be considered complete.
(b) If the applicant fails to submit all the outstanding information
and documents on or before the date referred to in the email, the
application is deemed to be refused. The development authority
must issue to the applicant a notice by ordinary mail.
4. Part Two: 2.4 Variances, revise all "Development Authority" and
"Development Officer" text to "Municipal Planning Commission".
5. Part Two: 2.5 Development Permits and Notices, revise (1) to:
A Development Permit issued pursuant to this Part does not
come into effect until twenty-one (21) days after the date on
which notice of issuance of the permit is given under subsection
4(a) or (b). Any development proceeded with the applicant prior
to the expiry of this period is done solely at the risk of the
applicant.
6. Part Two: 2.5 Development Permits and Notices, revise (4)(a) to:
For permitted and discretionary uses:
(i) Mail a notice of the decision to all persons whose use,
enjoyment or value of property may, in the opinion of the
Development Authority, be affected; and
Summer Village of Sunbreaker Cove
Land Use Bylaw Amendment Bylaw #133/18
(ii) Post a notice of the decision on the Summer Villages'
website.
7. Part Two: 2.6 Appealing a Decision, revise (4) to: An appeal by
an applicant must be commenced within twenty-one (21) days of
the notification of the decision or when the forty (40) day period
or any time extension expires. An appeal by any other affected
person must be made within twenty-one (21) days of the notice
of the issuance of the permit was given.
8. Part Three: 1(1), revise (b)(i) to: No accessory building or any
portion thereof shall be erected or placed within the front yard of
a parcel other than those listed below in (ii)(c).
9. Part Three: 1(1), revise (b)(ii)(B) to: 6m (19.68 ft.) from the rear
parcel boundary.
10. Part Three: 1(1), revise (c)(i) to: No accessory building or any
portion thereof shall be erected or placed within the front yard of
a parcel other than a garage or guest house, sheds are not
permitted.
11. Part Three: 1(1), (c)(ii) add the following:
C. 6m (19.68 ft.) from the front parcel boundary.
12. Part Three: 2(2), revise (a)(ii)(c) to: Any projection not exceeding
3m (9.84 ft.) over the minimum rear yard for a main building, or
fifty (50) percent over the minimum rear yard for an accessory
building.
13. Part Four: (R1) District, revise Parcel Servicing (1) to: Only a
holding tank shall be permitted for any detached dwelling or a
replacement of existing septic system.
14. Part Four: (R1) District, under Site Development, revise (c)
Maximum Parcel Coverage to:
Fifty (50) percent, other fifty (50) percent shall remain as is or
contain native grasses, trees, shrubs, or ornamental plantings,
satisfactory to the Development Authority.
INTRODUCED AND GIVEN FIRST READING this 31st day of August, 2018.
______________________________
Teresa Beets, Mayor
______________________________
Phyllis Forsyth, C.A.O.
PUBLIC HEARING HELD this 24th day of September, 2018.
GIVEN SECOND READING this 19th day of November, 2018.
GIVEN THIRD AND FINAL READING this 19th day of November, 2018.
______________________________
Teresa Beets, Mayor
______________________________
Phyllis Forsyth, C.A.O.
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW #99-13 AMENDMENT
BY-LAW #112-16
Being a Bylaw of the Summer Village of Sunbreaker Cove, in the Province of Alberta, to
authorize amendments to the Summer Village of Sunbreaker Cove Land Use Bylaw
99/13.
WHEREAS Section 692 of the Municipal Government Act, RSA 2000, authorizes a
Council to amend a land use bylaw;
WHEREAS the Council deems it desirable to amend Land Use Bylaw 99/13;
NOW THEREFORE, the Council of the Summer Village of Sunbreaker Cove, in the
Province of Alberta, duly assembled, hereby enacts as follows:
An amendment to the Land Use Bylaw 99/13:
1. Part One: 1.3 - Revise "grade" definition to: Means the ground
elevation established for the purpose of determining building
height. The Development Authority may determine grade by
calculating the average of the pre-development elevations at the
corners of the parcel as shown on a reliable survey.
2. Part Two: 2.2 (1) to read: The carrying out of works of improvement,
maintenance, repairs or renovation to any, but not limited to, building, deck,
driveway provided that such works do not include structural alterations,
additions, or drainage alterations and that the works comply with the regulations
of this Land Use Bylaw.
3. Part Two: Add the following point under 2.2 to read - Removal or substantial
pruning of a tree, where:
(a) There is an emergency, to the extent necessary to eliminate an immediate
danger;
(b) The tree is dead, diseased, decaying, or poses a safety hazard;
(c) A development permit has been approved, which development permit
authorizes the removal of trees, to the extent approved by the development
permit;
(d) Despite the above, a person shall advise the Summer Village in writing as
soon as possible of any trees removed or substantially pruned without a
permit.
4. Part Three: Add the following point under 1(1) to read: An accessory building's
floor area shall be no larger than 8% of the parcels total area.
5. Part Three: 1(4) to read: Number of Buildings on a Parcel;
A Development Permit shall not be issued for more than:
(a) One (1) main building on an unsubdivided parcel; and
(b)
Two (2) accessory buildings on an unsubdivided parcel.
6. Part Three: 3(1)(c) to read: In residential districts, the number of driveways shall
be limited to not more than one (1) driveway on a property with less than or
equal to 40 m (131.23 ft.) and not more than two (2) driveways for properties
with more than 40 m (131.23 ft.) of frontage.
7. Part Four: (R1) District.
Permitted Use - Accessory Building to read: Accessory Building where the total
floor area is 72 sq. m. (796.54 sq. ft.) or less; and
Discretionary Uses - Accessory Building to read: Accessory Building where the
total floor area is over 72 sq. m. (796.54 sq. ft.).
Building Demolition to be moved from a Discretionary Use to a Permitted Use.
Summer Village of Sunbreaker Cove
Land Use Bylaw #99-13 Amendment
By-law #112-16
INTRODUCED AND GIVEN FIRST READING this 25th day of February, 2016.
GIVEN SECOND READING this 25th day of February, 2016.
______________________________
Bill Carr, Mayor
______________________________
Phyllis Forsyth, C.A.O.
PUBLIC HEARING HELD this 5th day of May, 2016.
GIVEN THIRD AND FINAL READING this 5th day of May, 2016.
______________________________
Bill Carr, Mayor
______________________________
Phyllis Forsyth, C.A.O.
Summer Village of Sunbreaker Cove Land Use Bylaw No. 99/13
SUMMER VILLAGE OF SUNBREAKER COVE
LAND USE BYLAW NO. 99/13
TABLE OF CONTENTS
PART ONE: GENERAL.............................................................................................................. 1
1.1
Short Title .................................................................................................................. 1
1.2
Purpose ..................................................................................................................... 1
1.3
Definitions .................................................................................................................. 1
1.4
Establishment of the Development Officer .................................................................. 9
1.5
Municipal Planning Commission ................................................................................. 9
1.6
Establishment of Forms ............................................................................................ 10
1.7
Establishment of Fees .............................................................................................. 10
1.8
Establishment of Supplementary Regulations ........................................................... 10
1.9
Establishment of Land Use District Regulations ........................................................ 10
1.10
Establishment of Districts ......................................................................................... 11
1.11
Amendment of the Land Use Bylaw .......................................................................... 11
1.12
Sections Found Invalid ............................................................................................. 15
1.13
Repeal ..................................................................................................................... 15
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL ................................ 17
2.1
Purpose of Development Permits ............................................................................. 17
2.2
Development Not Requiring a Development Permit ................................................... 17
2.3
Permission for Development ..................................................................................... 19
2.4
Variances ................................................................................................................. 25
2.5
Development Permits and Notices ............................................................................ 26
2.6
Appealing a Decision ................................................................................................ 27
2.7
The Appeal Process ................................................................................................. 27
2.8
Cancellation ............................................................................................................. 28
2.9
Compliance with other Legislation............................................................................. 28
2.10
Contravention and Enforcement ............................................................................... 29
2.11
Offences and Penalties ............................................................................................ 30
PART THREE: SUPPLEMENTARY REGULATIONS ................................................................ 33
1. Buildings ........................................................................................................................ 33
1(1)
Accessory Buildings ............................................................................................... 33
1(2)
Building Orientation and Design .............................................................................. 34
1(3)
Relocation of Buildings ........................................................................................... 35
1(4)
Number of Buildings on a Parcel ............................................................................. 36
1(5)
Building Demolition................................................................................................. 36
1(6)
Guest Houses ........................................................................................................ 37
2. Yards............................................................................................................................. 37
2(1)
Yard Illustrations .................................................................................................... 37
2(2)
Projections Over Yards ........................................................................................... 38
2(3)
Objects Prohibited or Restricted in Yards ................................................................ 38
2(4)
Laneless Subdivision .............................................................................................. 39
3.
Vehicles ....................................................................................................................... 40
3(1)
Driveways .............................................................................................................. 40
3(2)
Detached Garages ................................................................................................. 40
3(3)
Sight Lines at Intersections of Roadways ................................................................ 41
4.
Miscellaneous .............................................................................................................. 41
4(1)
Home Occupations ................................................................................................. 41
4(2)
Private Pools and Decorative Ponds ....................................................................... 42
4(3)
Fencing .................................................................................................................. 42
4(4)
Mechanized Excavation, Stripping and Grading of Parcels ...................................... 43
4(5)
Landscaping, Environmental Conservation and Development ................................. 44
4(6)
Replacement Trees and/or Shrubs ......................................................................... 44
Summer Village of Sunbreaker Cove Land Use Bylaw No. 99/13
4(7)
Subdivision Design Standards ................................................................................ 45
4(8)
Public Property Regulations .................................................................................... 45
4(9)
Tourist Homes............................................................................................46
5.
Guidelines for Other Land Uses.................................................................................... 47
PART FOUR: LAND USE DISTRICT REGULATIONS .............................................................. 48
RESIDENTIAL DISTRICT (R1)............................................................................................... 48
COMMUNITY RESERVE DISTRICT (CR) .............................................................................. 52
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS) ............................................................. 54
1
BYLAW NO. 99/13
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF
LAND AND BUILDINGS IN THE SUMMER VILLAGE OF SUNBREAKER COVE
WHEREAS the Municipal Government Act, and amendments thereto, authorize the Council
of a Municipality to enact a Land Use Bylaw to prohibit or regulate and control the use and
development of land and buildings within the Municipality.
NOW THEREFORE the Council of the Summer Village of Sunbreaker Cove in the Province of
Alberta, enacts as follows:
PART ONE: GENERAL
1.1
Short Title
This Bylaw may be cited as "The Summer Village of Sunbreaker Cove Land Use
Bylaw".
1.2
Purpose
The purpose of this bylaw is to, amongst other things,
(1)
Divide the municipality into districts;
(2)
Regulate and control or to prohibit the use and development of land and
buildings in each district;
(3)
Establish the office of the Development Officer;
(4)
Establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
(5)
Provide the manner in which notice of the issuance of a Development
Permit is to be given; and
(6)
Protect the shoreline and water quality of Sylvan Lake.
1.3
Definitions
In this Land Use Bylaw,
"accessory building(s)" means a building separate and subordinate to the main building, the
use of which is incidental to that main building and is located on the same parcel of land
2
and includes, in the residential district, such things as storage sheds garages, and a guest
house. Accessory buildings are not intended for commercial purposes and do not include
sea cans;
"accessory use" means a use customarily incidental and subordinate to the main use and
is located on the same parcel of land with such main use;
"adjacent land" means land or a portion of land that is contiguous to the land that is
the subject of an application and includes land or a portion of land that would be
contiguous except for a road, rail or utility right-of-way, river or stream;
"basement(s)" means a habitable portion of a building which is partly underground,
but which has more than fifty (50) percent of the distance, between the floor level and
the underside of the ceiling joists, above adjacent ground elevation;
"breezeway(s)" means a roofed open passage connecting two or more buildings;
"building(s)" includes anything constructed or placed on, in, over or under land but
does not include a highway or road or a bridge forming part of a highway or road;
"building demolition" means the pulling down, tearing down, razing, or removal of a
building;
"building line" means a line, other than a parcel line, used to regulate the location of a
building or structure in relationship to the abutting street(s);
"building height" means the vertical distance of a building measured from the
average grade to the highest point of the building. This would include, but not
limited to, an elevator housing, stairway entrance, a steeple, a firewall, a parapet wall
or similar device or feature not structurally essential to the building. Amended by Bylaw
#133/18;
"carriageway(s)" means that portion of the road right-of-way available for vehicular
movement. Included are travelling lanes, medians, parking and other auxiliary
lanes. Not included are ditches, sidewalks and other pedestrian areas;
"caveat" means a formal notice expressing an interest in a parcel registered at Land
Titles Office against the title to that parcel;
"cellar(s)" means a portion of a structure which is mainly underground, and which
has less than fifty (50) percent of the distance, between the floor level and the
underside of the ceiling joists, above adjacent ground elevation;
"commission" means the Municipal Planning Commission;
"corner parcel" means a parcel abutting two or more streets, other than a lane, at their
intersection or abutting two parts of the same street forming an interior angle of less than 135
degrees;
"Council" means the Council of the Summer Village of Sunbreaker Cove;
3
"decorative pond" means a man-made enclosed body of water for ornamental
purposes, which may include vegetation and fish;
"detached dwelling(s)" means a residential building containing one dwelling unit
and everything physically attached to said dwelling unit (e.g. breezeways and
attached garages), which is physically separate from any other residential building,
and does not include a manufactured dwelling unit;
"development" means:
(a)
An excavation or stockpile and the creation of either of them, or
(b)
A building or an addition to, or replacement or repair of a building and
the construction or placing in, on, over or under land of any of them, or
(c)
A change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land
or building; or
(d)
A change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a
change in the intensity of use of the land or building;
"Development Authority" means the person or persons appointed as the
Development Authority pursuant to Development Authority Bylaw No. 33-95, as amended;
"Development Officer" means the person(s) appointed to the office established by this
bylaw;
"Development Permit(s)" means a document authorizing a development issued
pursuant to this Land Use Bylaw;
"discretionary use(s)" means a use which may be compatible with other uses in the
district, for which a Development Permit may be issued upon an application having
been made;
"district(s)" means a land use district;
"drainage ditch" means a long narrow trench or furrow dug in the ground to
accommodate over-land drainage;
"driveway(s)" means a vehicle access route between the carriageway of a public road
and a use on parcel;
"dwelling unit(s)" means a complete building or self-contained portion of a building for
the use of one or more individuals living as a single housekeeping unit, containing
sleeping, cooking and separate toilet facilities intended as a residence not separated
from direct access to the outside by another separate or self-contained set or suite of
rooms;
4
"facia sign" means a sign attached to, marked or inscribed on and parallel to the face of
a building wall but does not include a billboard;
"fence(s)" means a physical barrier constructed from typical building material for the
purpose of providing privacy and/or preventing unauthorized access;
"finished ground elevation(s)" means the elevation of the finished ground at any point
adjoining each exterior wall of a building or structure;
"flankage yard" means the side yard which abuts a street on a corner parcel;
"floor area" means for buildings, the total area of the floor(s) in a building measured
from the outside of exterior walls and does not include basements, cellars, attached
garages, carports, or open porches;
"freestanding sign" means a sign that is supported independently of a building wall or
structure but does not include a portable sign;
"front parcel boundary" means, in the case of an interior parcel not abutting Sylvan
Lake, the boundary which abuts a street and in the case of a corner parcel not abutting
Sylvan Lake, the shorter of the two boundaries which abut a street;
"front yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting
the lake, a yard extending across the full width of a parcel measured
perpendicularly from the boundary of the parcel abutting the lake to the
front wall of the main building, situated on the parcel, or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the front boundary of the parcel to the
front wall of the main building situated on the parcel;
"grade" means the ground elevation established for the purpose of determining building
height. The Development Authority may determine grade by calculating the average of
the pre-development elevations at the corners of the parcel as shown on a reliable survey;
Amended by Bylaw #112/16.
"guest house" means an accessory building containing sleeping facilities for temporary
usage only and may have a bathroom, but shall not have a kitchen or other cooking
facilities. A guest house provides overflow accommodation for a detached dwelling
located on the same parcel, is not available for rent by a third party, and does not include
recreational vehicles and sea cans;
"hard landscaped area(s)" means the use of non-vegetative material, such as but not
limited to monolithic concrete or asphalt;
"holding tank" means a tank that complies with the provisions of the Safety Codes Act and
the regulations there under and designed to retain sewage or effluent until transferred into
5
mobile equipment for disposal. Amended by Bylaw #133/18;
"home occupation(s)" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the
building. This shall not include any cannabis retail sales or cannabis production and
distribution; Amended by Bylaw #136/18.
"landscaped areas" means an area of land made attractive and desirable by the use of
any or all of the following: grass, trees, shrubs, ornamental plantings, fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage containers,
storage, parking lots or driveways;
"Land Use Bylaw" means Bylaw No. 99/13, and amendments thereto;
"land use district(s)" means an area as described in Part Three: Supplementary
Regulations and shown in Schedule A: Land Use District Map of this Land Use Bylaw;
"lane" means a public thoroughfare which provides a secondary means of access to a
parcel or parcels and which is registered in a Land Titles Office;
"main building" means a building in which is conducted the main or principal use of the
parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured dwelling unit(s)" means a factory constructed dwelling unit, relocatable
singly or in multiple modules;
"mechanized excavation, stripping and grading" means the use of motorized
equipment to remove, relocate or stockpile soil or vegetation in excess of normal
landscape maintenance requirements;
"municipality" means the Summer Village of Sunbreaker Cove;
"Municipal Government Act" means the Municipal Government Act, Chapter M- 26.1,
Statutes of Alberta 1994, and amendments thereto;
"Municipal Planning Commission" means a commission established by the Municipal
Planning Commission Bylaw No.98-13, as amended;
"natural environment preservation area" means an area that is to be preserved because
it is unsuitable in its natural state for development and/or areas that are desirable to be
kept in their natural state;
"non-conforming building" means a building:
(a)
That is lawfully constructed or lawfully under construction at the date this
Land Use Bylaw or any amendment thereof affecting the building or land
on which the building is situated becomes effective, and
6
(b)
That on the date this 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 that this Land Use Bylaw affecting
the land or building becomes effective, and
(b)
That on the date the Land Use Bylaw becomes effective does not, or in the
case of a building under construction will not, comply with the Land Use
Bylaw;
"outdoor storage and display" means the storage or display of equipment, goods or
materials in the open air;
"parcel(s)" 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 coverage" means the total percentage of the parcel area covered by buildings or
structures, including but not limited to the main building and any additions to it (e.g.
covered decks), hard-surfaced parking facilities, driveways, outdoor storage and
display areas, hard landscaped areas and all other impervious surfaces but does not
include steps, eaves, or similar projections permitted in this Land Use Bylaw;
"parcel, interior" means a parcel abutting only one street other than a lane;
"park model recreational vehicles" means a recreational vehicle that conforms to
CAN/CSA-Z241 Series-92 and is used for seasonal or recreational accommodation only;
"parking facility or facilities" means a structure or an area providing for the parking of
motor vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery
and/or preservation for public recreation either active or passive;
"permitted use(s)" means a use which is compatible with other uses in the district and
for which a Development Permit shall be issued provided it otherwise conforms with this
Land Use Bylaw;
"portable sign" means a sign which is not in a permanently installed or affixed
position;
"private development" means any development carried out by an individual;
"private pool" means any outdoor private swimming pool or hot tub, whether above or
below the ground, containing water for the purpose of swimming, wading or immersion of
human beings;
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"projection(s)" means part of a building or its accessory structures which projects beyond
the main walls into the yards;
"public and quasi-public use" means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly,
instruction, culture, recreation or other community activity;
"public utility or utilities" means a public utility as defined in the Municipal
Government Act;
"rear yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel abutting
the lake, a yard extending across the full width of a parcel measured
perpendicularly from the rear wall of the main building situated on the
parcel to the boundary abutting the street, or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve parcel
abutting the lake, a yard extending across the full width of a parcel
measured perpendicularly from the rear wall of the main building
situated on the parcel to the rear property boundary of the parcel (see
sketch in Part Three: Supplementary Regulations);
"recreation facilities" means a public building and grounds for community entertainment,
relaxation, social activity and other leisure needs;
"recreational vehicle(s)" means a vehicle or a portable structure designed to be used as
temporary sleeping accommodation for travel and recreation purposes. Recreational
vehicles include, but are not limited to, motor homes, campers, holiday trailers, fifth wheels
and park model recreational vehicles. Recreational vehicles do not include cottage
models, mobile homes, manufactured dwelling units or stick built units;
"registered owner" means:
(a)
In the case of land owned by the Crown in right of Alberta or the Crown in right
of Canada, the Minister of the Crown having the administration of the land, or
(b)
In the case of any other land:
(i)
The purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered
against the certificate of title in the land and any assignee of the
purchaser's interest that is the subject of a caveat registered
against the certificate of title, or
(ii)
In the absence of a person described in paragraph (i), the person
registered under the Land Titles Act as the owner of the fee simple
estate in the land;
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"removal of trees and/or shrubs" means the removal of trees and/or shrubs, or the
destruction thereof;
"reserve(s)" means a parcel of land owned and subject to the management of the
municipality and reserved for use as natural environment preservation areas or
walkways or parks and playgrounds separating areas used for different purposes, and
registered at the Land Titles Office as reserve, environmental reserve or municipal reserve
parcels;
"road(s) or roadway(s)" means land:
(a)
Shown as a road on a plan of survey that has been filed or registered in a
Land Titles Office, or
(b)
Used as a public road; and includes a bridge forming part of a public
road and any structure incidental to a public road;
"sea can(s)" means a shipping container, originally used or intended to be used for the
transportation of goods, not used as a moveable storage unit;
"screen, screened or screening" means a fence, berm, hedge, wall or building used to
separate areas or functions which detract from the appearance of the street scene and
the view from the surrounding areas;
"setback(s)" means a distance additional to minimum yard requirements which may be
required on parcels adjacent to the roads;
"sight triangle(s)" means an area at the intersection of roads in which all buildings,
fences, vegetation and finished ground elevations shall be less than 1 m (3.28 ft.) in
height above the average elevation of the carriageway, in order that vehicle operators may
see approaching vehicles in time to avoid collision;
"side yard(s)" means a yard extending from the front yard to the rear yard between the
side boundary of the parcel and the wall of main building thereon (see sketch in Part
Three: Supplementary Regulations);
"sign(s)" means any word, letter, model, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction and its supporting structure;
"street(s)" means any category of road except a lane;
"structural alterations" means altering the main building components which support a
building;
"Subdivision and Development Appeal Board" means the board established pursuant
to the Municipal Government Act;
"temporary building" means a building without any foundation below grade that is
intended to be on the parcel for a short-term basis and includes a soft-sided or other
9
structure designed to serve as a temporary garage, storage shelter or greenhouse, but
does not include an accessory building, or a guest house;
"tourist home" means a discretionary use wherein a dwelling unit is offered for rent to
guests for less than thirty (30) days. Amended by Bylaw #152/20;
"trails" means an area used for hiking, cross-country skiing or other forms of non-
motorized recreational travel;
"use(s)" means a building or an area of land and the function and activities therein or
thereon;
"utility building" means the building in which the proprietor of a utility:
(a)
Maintains its office(s), and/or
(b)
Maintains or houses equipment used in connection with the utility
and which is not a public utility right-of-way;
"walkway(s)" means a public right of way for use by pedestrians only, which is
registered at the Land Titles Office as a walkway or a reserve; and
"yard(s)" means an open space on the same site as a building and which is unoccupied
and unobstructed from the ground upward except as otherwise provided herein.
All other words and expressions have the meaning respectively assigned to them in the
Municipal Government Act.
1.4
Establishment of the Development Officer
(1)
Council shall appoint one or more Development Officer(s) who shall be
designated officers within the meaning of the Municipal Government Act;
(2)
The Municipal Planning Commission may act in place of a
Development Officer;
(3)
The Development Authority shall perform such duties that are specified in
this Land Use Bylaw, including among other things:
(a)
Keeping and maintaining for the inspection of the public during all
reasonable hours, a copy of this Land Use Bylaw and all
amendments thereto; and
(b)
Keeping a register of all applications for development, including
the decisions thereon and the reasons therefore.
1.5
Municipal Planning Commission
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(1)
The Municipal Planning Commission:
(a)
Is authorized to act as the Development Authority in those
matters prescribed in this Bylaw and the Municipal Planning
Commission Bylaw No. 98-13, as amended;
(b)
Shall consider and if necessary state terms and conditions on any
other planning or development matter referred by the
Development Officer or Administration;
(c)
May direct the Development Officer or Administration to review,
research or make recommendations on any other planning and
development matter; and
(d)
Make recommendations to Council on planning and
development matters.
1.6
Establishment of Forms
(1)
For the purpose of administering the provisions of this Land Use Bylaw, the
Council shall, by resolution, authorize the preparation and the use of
such forms and notices as it may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of this
Land Use Bylaw in the execution of the purpose for which they were
designed, authorized and issued.
1.7
Establishment of Fees
Development Permit application fees and fees for other matters arising through
this Land Use Bylaw will be established by Council in the Summer Village of
Sunbreaker Cove Fees Bylaw. Council may amend the bylaw to increase, decrease
or establish new fees by an amendment bylaw. Amended by Bylaw #141/19.
1.8
Establishment of Supplementary Regulations
Supplementary Regulations as set forth in Part Three hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same
manner as any other part of this Land Use Bylaw.
1.9
Establishment of Land Use District Regulations
Land use district regulations as set forth in Part Four hereto, are hereby adopted
by reference to be part of this Land Use Bylaw, and to be amended in the same
manner as any other part of this Land Use Bylaw.
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1.10
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the municipality is divided into the
following districts:
Residential District (R1) Community
Reserve District (CR)
Environmental Open Space District (EOS)
(2)
The boundaries of the districts listed in subsection (1) are as delineated on
Schedule A: Land Use District Map hereto. All roads, water courses and
lakes are excluded from the land use districts.
(3)
Where the location of district boundaries on Schedule A: Land Use
District Map is not clearly understood, the following rules shall apply;
(a)
A boundary shown as approximately following a parcel boundary
shall be deemed to follow the parcel boundary;
(b)
A boundary which does not follow a parcel boundary shall be
located by measurement of Schedule A: Land Use District Map;
and
(c)
A boundary location which cannot be satisfactorily resolved, shall be
referred to Council for an official interpretation.
1.11
Amendment of the Land Use Bylaw
(1)
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 reasons for the application;
(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; and
(e)
An application fee to be established by resolution of Council.
(3)
If the amendment is for the redesignation of land, the Development
12
Officer may require:
(a)
An outline plan for the area to be redesignated, to the level of
detail specified by the Development Officer; and
(b)
Payment of a fee equal to the costs incurred by the municipality to
review the proposed redesignation and/or related outline plan, or if
necessary to prepare an outline plan.
(4)
Upon receipt of an application to amend this Land Use Bylaw, the
Development Officer shall analyze the potential impacts of development
that would result from the proposed amendment. This analysis must
consider the full development potential for the proposed amendment and
shall, among other things, consider the following impact criteria:
(a)
Relationship to and compliance with approved statutory plans and
Council policies;
(b)
Relationship to and compliance with statutory plans or outline
plans in preparation;
(c)
Relationship to and compliance with the Sylvan Lake
Management Plan: 2000 Update;
(d)
Compatibility with surrounding development in terms of land use
function and scale of development;
(e)
Traffic impacts;
(f)
Relationship to, or impacts on, water and sewage systems, and
other public utilities and public facilities such as recreation
facilities and schools;
(g)
Relationship to municipal land, right-of-way or easement
requirements;
(h)
Effect on stability, retention and rehabilitation of desirable existing
land uses, buildings, or both in the area;
(i)
Necessity and appropriateness of the proposed amendment in
view of the stated intentions of the applicant; and
(j)
Relationship to the documented concerns and opinions of area
residents regarding development implications.
(5)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed
before Council and shall issue not less than five (5) days notice to the
applicant advising that he or she may appear before Council at that time,
and speak to the application. An application for amendment shall be placed
13
before Council within sixty (60) days of its receipt by the Development
Officer.
(6)
Council, in considering an application for an amendment to this Land
Use Bylaw, may at its sole discretion:
(a)
Refuse the application; or
(b)
Refer the application for further information; or
(c)
Pass first reading to a bylaw to amend this Land Use Bylaw, with or
without conditions or amendments; or
(d)
Defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
Pass first reading of an alternative amendment to this Land Use
Bylaw, with or without conditions.
(7)
Following first reading of an amending bylaw, Council shall
(a)
Establish the date, time and place for a public hearing on the
proposed bylaw;
(b)
If a bylaw to establish procedures for public hearings has not
been passed:
(i)
Outline the procedures to be followed by any person, group
of persons or person representing them who wish to be heard
at the public hearing, and
(ii)
Outline the procedure for conducting the public hearing.
(8)
Following first reading of an amending bylaw, the Development Officer
must give notice of the public hearing by:
(a)
Publishing notice at least once a week for two (2) consecutive weeks
in at least one newspaper or other publication circulating in the area
to which the proposed bylaw relates; or
(b)
Mailing or delivering notice to every residence in the area to which
the proposed bylaw relates.
(9)
A notice of a public hearing must be advertised at least five (5) days
before the public hearing occurs.
(10)
A notice must contain:
(a)
A statement of the general purpose of the proposed bylaw and
public hearing;
14
(b)
The address where a copy of the proposed bylaw and any
document relating to it or the public hearing may be inspected;
and
(c)
The date, place and time where the public hearing will be held.
(11)
In the case of an amendment to change the district designation of a
parcel of land, the Development Officer must, in addition to the
requirements of subsection (8),
(a)
Include in the notice:
(i)
The municipal address, if any, and the legal address of the
parcel of land, and
(ii)
A map showing the location of the parcel of land,
(b)
Give written notice containing the information described in clause
(a) and subsection (10) to the owner of that parcel of land at the
name and address shown on the certificate of title (or the municipal
assessment roll); and
(c)
Give written notice containing the information described in clause
(a) and subsection (10) to each owner of adjacent land at the name
and address shown for each owner on the assessment roll of the
municipality.
(12)
If the land referred to in subsection (11)(c) is in an adjacent municipality, the
written notice must be given to that municipality and to each owner of
adjacent land at the name and address shown for each owner on the
assessment roll of that municipality.
(13)
Notwithstanding subsection (7), the Land Use Bylaw may be amended
without giving notice or holding a public hearing if the amendment corrects
clerical, technical, grammatical or typographical errors and does not
materially affect the Land Use Bylaw in principle or substance.
(14)
In the public hearing, Council:
(a)
Must hear any person, group of persons, or person representing
them, who claim(s) to be affected by the proposed bylaw and who
has complied with the procedures outlined by Council; and
(b)
May hear any other person who wishes to make representations
and whom Council agrees to hear.
(15)
After considering the representations made to it about the proposed
bylaw at the public hearing and after considering any other matter it
considers appropriate, Council may:
(a)
Pass the bylaw;
15
(b)
Refer it for further information or comment;
(c)
Make any amendment to the bylaw it considers necessary and
proceed to pass it without further advertisement or hearing; or
(d)
Defeat the bylaw.
(16)
Prior to third reading of the proposed bylaw, Council may require the
applicant to apply for a Development Permit and negotiate a
development agreement in respect of the proposal which initiated the
application for amendment.
(17)
After third reading of the proposed bylaw, the Development Officer shall
send a copy of it to:
(a)
The applicant;
(b)
The registered owner of the land if not the applicant;
(c)
The municipality Planner; and
(d)
The adjacent municipality, if it received a copy of the proposed
Bylaw pursuant to subsection (12).
(18)
The Development Officer shall not accept an application for an
amendment which is identical or similar to an application which was refused
by Council, for a period of three (3) months after the date of the refusal
unless, in the opinion of the Development Officer, the reasons for refusal
have been adequately addressed or the circumstances of the application
have changed significantly.
1.12 Sections Found Invalid
If one or more provisions of this Land Use Bylaw for any reason are declared to be
invalid, it is intended that all remaining provisions are to remain in full force and
effect.
1.13
Repeal
Land Use Bylaw 15-91 and all amendments thereto are hereby repealed.
READ A FIRST TIME the 13th day of May, 2013
READ A SECOND TIME the 27th day of June, 2013
READ AND THIRD TIME and finally passed this 13th day of June, 2013
_
_
_
Mayor
Administrator
16
17
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL
2.1
Purpose of Development Permits
Development Permits are required to ensure that all development is achieved in an
orderly manner.
2.2
Development Not Requiring a Development Permit
All development undertaken in the municipality requires an approved Development
Permit prior to commencement, except:
(1)
The carrying out of works of improvement, maintenance, repairs or renovation to
any, but not limited to, building, deck, driveway provided that such works do
not include structural alterations, additions, or drainage alterations and that the
works comply with the regulations of this Land Use Bylaw; Amended by Bylaw
#112/16.
(2)
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 it is completed within twelve (12) months of
the date of commencement;
(3)
The use of any such development as is referred to in subsection (2) for
the purpose for which development was commenced;
(4)
The erection or construction of gates, fences, walls or other means of
enclosures less than 1 m (3.28 ft.) in height in front yards and less than 2 m
(6.56 ft.) in other yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure;
(5)
A temporary building other than a dwelling unit, the sole purpose of which
is incidental to the carrying out of a development for which a permit has been
issued under this Land Use Bylaw;
(6)
The installation, maintenance and repair of public utilities;
(a)
For the maintenance of private sewer systems that can be
undertaken without excavation of all or part of the system.
(7)
Any development carried out by or on behalf of the Crown;
(8)
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;
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(9)
Any accessory building with a floor area of 11.15 m² (120.02 ft²) or less and
a building height of 2.50 m (8.20 ft.) or less, including garden or tool sheds,
workshops, potting sheds and other similar structures provided that they are
moveable and provided they otherwise comply with the provisions of sections
1.1(1) in Part Three: Supplementary Regulations of this Land Use Bylaw.
(10)
Development specified in section 618 (1) and (4) of the Municipal
Government Act, which includes:
(a)
A highway or road;
(b)
A well or battery within the meaning of the Oil and Gas Conservation Act:
(c)
A pipeline or an installation or structure incidental to the operation of
a pipeline; or
(d)
Any other thing specified by the Lieutenant Governor in Council by
regulation, which includes but is not limited to construction of buildings
or the construction or installation of equipment, navigational aids, and
communications systems for use in connection with the operation of
airports owned by or on land vested in the Crown in right of Canada,
the Crown in right of Alberta, or a municipal corporation;
(11)
The erection of one unilluminated sign of the following nature and size for
each use within a building or on a parcel, provided such signs do not
resemble or conflict with traffic signs;
(a)
A facia sign or freestanding sign for the purpose of
identification, direction and warning not exceeding 0.20 m² (2.15
ft²);
(b)
A facia sign or freestanding sign relating to a person, partnership or
company carrying on a profession, business or trade not exceeding
0.30 m2 (3.23 ft2);
(c)
A facia sign or freestanding sign relating to a religious, educational,
cultural, recreational or similar institution not exceeding 1 m2 (10.76
ft2);
(d)
A portable sign or notice, relating to the sale or lease of land or
buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a religious,
educational, cultural, political, or governmental nature not exceeding 3
m² (32.29 ft²) and limited in display to the period of completion of the
sale, lease, construction or event; and
(e)
A flag attached to a single upright flag-pole;
(12)
Removal or substantial pruning of a tree, where:
19
(a)
There is an emergency, to the extent necessary to eliminate an
immediate danger;
(b)
The tree is dead, diseased, decaying, or poses a safety hazard;
(c)
A development permit has been approved, which development
permit authorizes the removal of trees, to the extent approved by
the development permit;
(d)
Despite the above, a person shall advise the Summer Village in
writing as soon as possible of any trees removed or substantially
pruned without a permit.
Amended by Bylaw #112/16.
2.3
Permission for Development
(1)
An application for a Development Permit shall be made to the Development
Officer in writing on the form prescribed by Council and shall be
accompanied by:
(a)
A scaled site plan in duplicate showing proposed landscaped areas if
required, the legal description, the front yard, rear yard, and side
yards, if any; any provision for off-street loading and vehicle parking
and access and egress points to the parcel.
(b)
Confirmation from the Energy Resources Conservation Board
identifying the presence or absence of abandoned wells;
(c)
All scaled floor plans (including basements), elevations (including
basement), sections, storm water disposal plans and existing and
proposed grade elevations, sewage treatment and water supply
details, in duplicate;
(d)
A surveyor's certificate specifying the location of any buildings on the
parcel or, in the case of undeveloped parcels, indicating the posting
of the parcel boundaries;
(e)
A statement of existing and proposed uses;
(f)
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.
(g)
If the proposed development is for a detached dwelling, the
application shall also include a copy of the private wastewater disposal
permit issued by an accredited agency approving the proposed method
of wastewater treatment and disposal for the development;
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(h)
If the proposed development is for an addition to a detached dwelling
or a guest house with a washroom, the application shall include
confirmation from a plumbing safety codes officer that the existing
private wastewater disposal system is adequate for the proposed
development;
(i)
The estimated commencement and completion dates;
(j)
The estimated cost of the project or contract price; and
(k)
Such other plans and information as the Development Authority
may consider necessary to properly evaluate the proposed
development.
(2)
At the sole discretion of the Development Officer, an application for
Development Permit may be required to be accompanied by:
(a)
A geotechnical report, assessment or investigation prepared by a
qualified geotechnical engineer for any proposed development,
redevelopment, clearing or grading, excavating or adding fill within
escarpment areas having ten (10) percent or greater slopes. The
proposed development plan must show slope setback distances,
cross-sections of the slope area both before and after development
and final grading. The height and existing angle of the slope shall be
verified by accurate historical survey data or site specific information
completed by a qualified surveyor;
(b)
A geotechnical report, prepared by a qualified geotechnical engineer,
outlining seasonally adjusted and recommended water tables, location
of on-site storage of sewage, and recommended building foundations,
basement construction and soil bearing capabilities;
(c)
A visual impact assessment prepared by a qualified professional that
assesses the impact of new development on view corridors and
provides mitigation steps;
(d)
An environmental review prepared by a qualified professional, which
shall include but is not limited to:
(i)
A description of the environmental sensitivity of the
lands proposed for development and the surrounding
area;
(ii)
The identification of the nature and significance of any
adverse impacts associated with the proposed development
during construction;
(iii)
The identification of the nature and significance of any
adverse impacts associated with activities that will result from
the development;
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(iv)
The inclusion of an environmental protection plan to:
A.
Alleviate any adverse impacts;
B.
Monitor the performance of the environmental
measures; and
C.
Identify any residual impacts and their significance on any
or all of the following: fish and wildlife, vegetation, soils
and terrain, water quantity and quality, shoreline, surface
drainage and aquifers.
(3)
If the intended development will involve the removal of trees and/or
shrubs, the Development Permit application shall also include:
(a)
A plan showing the existing trees and/or shrubs and identification of
the trees and/or shrubs to be removed;
(b)
A statement on why the trees and/or shrubs are proposed to be removed;
(c)
Details outlining the measures that will be taken to ensure the integrity
of trees and/or shrubs adjacent to those proposed to be removed is not
compromised; and
(d)
A statement may be required, at the discretion of the Development
Officer, from a qualified environmental specialist or another qualified
professional assessing the implications of tree and/or shrub removal
will have on Sylvan Lake water quality, habitat and slope stability if
applicable.
(4)
The Development Authority may refuse to accept an application for
Development Permit where the information required by subsection 2.3(1),
2.3(2) and/or 2.3(3) 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.
(5)
The Development Authority may deal with an application and make a decision
without all of the information required by subsection 2.3(1), 2.3(2) and/or 2.3(3)
if it is the opinion of the Development Authority that a decision on the
application can be properly made without such information.
(6)
Each application for a Development Permit shall be accompanied by a non-
returnable processing fee, the amount of which shall be determined from time
to time by resolution of Council.
(7)
The Development Officer shall:
(a)
Receive all applications for a Development Permit;
(b)
Refer all applications for development which would result in permanent
22
overnight accommodation, including dwelling units, or public facilities
to the Energy Resources Conservation Board, if any of the land which is
the subject of the application is within 1.50 km (0.93 miles) of a sour gas
facility and the proposed development is not, in the opinion of the
Development Authority, an infill development;
(c)
Refer any application to an adjacent municipality or any other agency or
person which in his/her opinion may provide relevant comments or
advice respecting the application;
(d)
Consider and decide on applications for Development Permit
which meet the standards of this Land Use Bylaw for permitted
uses; and
(e)
Refer with his/her recommendations, to the Municipal Planning
Commission for its consideration and decision on all other
applications for a Development Permit.
(8)
For a permitted use in any district:
(a)
The Development Officer shall approve, with or without conditions, an
application for a Development Permit where the proposed
development conforms in every respect to this Land Use Bylaw, the
Municipal Government Act, Subdivision and Development
Regulations, approved statutory plans, and the Sylvan Lake
Management Plan: 2000 Update; or
(b)
Subject to the provisions of section 2.4(2), the Development Officer
shall refuse an application for a Development Permit if the proposed
development does not conform in every respect to this Land Use
Bylaw.
(c)
If an application for a Development Permit for a permitted use does
not conform to the requirements of this Land Use Bylaw, the
Municipal Government Act and Subdivision and Development
Regulations and statutory plans, the Development Officer:
(i)
May refuse the application giving reasons for the refusal; or
(ii)
May approve the application subject to conditions to ensure that
the application conforms to the requirements of the Land Use
Bylaw, the Municipal Government Act and the Subdivision
and Development Regulation, approved statutory plans, and the
Sylvan Lake Management Plan: 2000 Update; or
(iii)
May approve the application pursuant to Section 640(6) of the
Municipal Government Act
23
(9)
For a discretionary use in any district:
(a)
The Municipal Planning Commission may approve an application for a
Development Permit:
(i)
With or without conditions;
(ii)
Based on the merits of the proposed development, including its
relationship to any approved statutory plan, non-statutory plan or
approved policy affecting the site;
(iii)
Where the proposed development conforms in every respect
to this Land Use Bylaw; or
(b)
The Municipal Planning Commission may refuse an application for a
Development Permit based on the merits of the proposed
development, even though it meets the requirements of this Land Use
Bylaw; or
(c)
Subject to the provisions of section 2.4(2), the Municipal Planning
Commission shall refuse an application for a Development Permit if
the proposed development does not conform in every respect to this
Land Use Bylaw.
(10)
The Development Authority may require with respect to a development
that, as a condition of issuing a Development Permit, the applicant:
(a)
Submit a surveyor's certificate specifying the location of the completed
development on the parcel, and
(b)
Enter into an agreement with the municipality to do all or any of
the following:
(i)
To construct or pay for the construction of a road
required to give access to the development;
(ii)
To construct or pay for the construction of pedestrian
walkway systems;
(iii)
To install or pay for the installation of utilities that is necessary
to serve the development;
(iv)
To construct or pay for the construction of off-street or other
parking facilities, loading and unloading facilities;
(v)
To pay an off-site levy or redevelopment levy imposed by bylaw;
(vi)
To require the applicant to be responsible for the repair of any
damage to the municipality's lands and works including but
24
not necessarily confined to roads, drainage courses, trees and
fences; and
(vii)
To give security to ensure that the terms of the agreement
under this section are carried out;
(c)
To pay to the municipality the costs paid by the municipality to any
engineer or any other person for materials testing, inspections,
monitoring of construction, review of construction drawings, and legal
costs and expenses to which the municipality is put in connection with
the development agreement and agreement relates;
(d)
To whom a Development Permit has been issued shall obtain,
where applicable, from the appropriate authority, permits relating to
building, electricity, gas, plumbing and sewage disposal, and all
other permits required in connection with the proposed
development;
(e)
Shall be financially responsible during construction for any damage
caused by the applicant, his/her servants, employees, suppliers,
agents or contractors to any public or private property; and
(f)
Confirm that arrangements for sewage disposal have been made.
(11)
Prior to imposing any condition upon the issue of a Development Permit
pursuant to section (9), the Development Authority shall consult with Council
as may be required in the circumstances and shall specify the terms and
content of the agreement in the condition in the Development Permit.
(12)
In the case where an application for a Development Permit has been refused
pursuant to this Part or ultimately after appeal, the submission of another
application for a permit on the same parcel and for the same or similar use of
land by the same or any other applicant may not be accepted by the
Development Authority for at least six (6) months after the date of the final
decision unless in the opinion of the Development Authority the reasons for
refusal have been adequately addressed or the circumstances of the
application have changed significantly.
(13)
After receipt of a development permit application, the Development
Authority shall give notice to the applicant by email as per the email address
listed on the Development Permit Application, that the application is deemed
complete or incomplete.
(a)
If the application is deemed incomplete, the notice shall contain any
outstanding documents and information required, and a date the
outstanding documents and information shall be submitted, set out in
the notice or a later date agreed on between the applicant and the
development authority in order for the application to be considered
complete.
25
(b)
If the applicant fails to submit all the outstanding information and
documents on or before the date referred to in the email, the application
is deemed to be refused. The development authority must issue to
the applicant a notice by ordinary mail.
Amended by Bylaw #133/18.
2.4
Variances
(1)
The Municipal Planning Commission may grant a variance to reduce the
requirements of any use of the Land Use Bylaw and that use will be deemed
to comply with this bylaw.
(2)
The Municipal Planning Commission may approve an application for
Development Permit even though the proposed development does not
comply with this bylaw or is a non-conforming building if, in the opinion of the
Municipal Planning Commission;
(a)
The proposed development would not:
(i)
Unduly interfere with the amenities of the neighbourhood, or
(ii)
Materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land,
And
(b)
The proposed development conforms with the use prescribed for
that land or building in this bylaw.
(3)
In approving an application for development pursuant to subsections (2)(a)
and (2)(b), the Municipal Planning Commission shall adhere to the
following:
(a)
A variance shall be considered only where warranted by the merits of
the proposed development and in response to irregular parcel lines,
parcel shapes or site characteristics which create difficulties in siting
structures within the required setback or in meeting the usual bylaw
requirements;
(i)
Except as otherwise provided in this bylaw, there shall be
no variance from the following:
A.
Parcel coverage; and
B.
Building height;
(b)
Where a variance is granted, the nature of the approved variance shall
be specifically described in the Development Permit approval.
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(c)
Where the issuance of a Development Permit involves the exercise
of any specified discretion of the Municipal Planning Commission
to relax a regulation of a district or any other regulation of this bylaw,
the Municipal Planning Commission shall not permit any additional
variance from
that regulation.
Amended by Bylaw #133/18.
2.5
Development Permits and Notices
(1)
A Development Permit issued pursuant to this Part does not come into effect
until twenty-one (21) days after the date on which notice of issuance of the
permit is given under subsection 4(a) or (b). Any development proceeded with
the applicant prior to the expiry of this period is done solely at the risk of the
applicant.
(2)
The date of issue of any permit shall be the date of notification pursuant
to subsection (4).
(3)
Where an appeal is made pursuant to Section 2.6 of this Part, a
Development Permit which has been issued shall not come into effect until
the appeal has been determined and the permit may be modified or nullified
thereby.
(4)
On the same date a Development Permit is issued, the Development
Authority shall publicize a notice of the issuance of the permit in the
form described as follows:
(a)
For permitted and discretionary uses:
(i)
Mail a notice of the decision to all persons whose use,
enjoyment or value of property may, in the opinion of the
Development Authority, be affected; and
(ii)
Post a notice of the decision on the Summer Villages'
website;
(5)
If the development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, or the date of decision of the Subdivision
and Development Appeal Board upon appeal, nor carried out with reasonable
diligence as determined by the Development Authority, 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 Authority.
(6)
The exterior of any building shall be completed within twelve (12) months and
the landscaping of the parcel shall be completed within two (2) years of the
27
date of issue of the permit.
(7)
A decision of the Development Authority on an application for a
Development Permit shall be given in writing and a copy of it sent or hand
delivered to the applicant.
(8)
When the Development Authority refuses an application for a
Development Permit, the decision shall contain reasons for the refusal.
Amended by Bylaw #133/18.
2.6
Appealing a Decision
(1)
The applicant for a Development Permit may appeal to the Subdivision
and Development Appeal Board if the Development Authority:
(a)
Refuses or fails to make a decision on a Development Permit within
forty (40) days of receipt of a completed application or within any
extension granted by the applicant under section 684 of the
Municipal Government Act; or
(b)
Issues a Development Permit subject to conditions.
(2)
In addition to the applicant, any person affected by a Development Permit or
the decision on it, may appeal to the Subdivision and Development Appeal
Board.
(3)
Notwithstanding Sections 2.6 (1) and (2), no appeal lies in respect of the
issuance of a Development Permit for a permitted use unless the provisions
of this bylaw are relaxed, varied or misinterpreted.
(4)
An appeal by an applicant must be commenced within twenty-one (21) days of
the notification of the decision or when the forty (40) day period or any time
extension expires. An appeal by any other affected person must be made
within twenty-one (21) days of the notice of the issuance of the permit was
given. Amended by Bylaw #133/18.
2.7
The Appeal Process
(1)
The Subdivision and Development Appeal Board must hold an appeal
hearing within thirty (30) days after receipt of a notice of appeal.
(2)
The Subdivision and Development Appeal Board must give at least five
(5) day's notice in writing of the hearing:
(a)
To the appellant,
28
(b)
To the Development Authority whose order, decision or
Development Permit is the subject of the appeal, and
(c)
To those owners required to be notified under the Land Use Bylaw and
any other person that the Subdivision and Development Appeal
Board considers to be affected by the appeal and should be notified.
(3)
In subsection (2)(c), "owners" means the person(s) shown as the owner of
land on the certificate of title or the assessment roll of the municipality.
(4)
The Subdivision and Development Appeal Board must make available
for public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal including:
(a)
The application for the Development Permit, the decision and the
notice of appeal, or
(b)
An order issued pursuant to section 645 of the Municipal
Government Act.
(5)
The Subdivision and Development Appeal Board shall hold a hearing,
consider, and make and issue a decision on an appeal pursuant to the
provisions of sections 686 and 687 of the Municipal Government Act.
(6)
The decision of the Subdivision and Development Appeal Board is
binding except on a question of jurisdiction or law, in which case the
appellant may appeal to the Court of Appeal pursuant to the provisions of
section 688 of the Municipal Government Act.
2.8
Cancellation
The Development Authority may cancel a Development Permit if:
(1)
The permit was issued in error; or
(2)
The permit was issued on the basis of incorrect information.
2.9
Compliance with other Legislation
(1)
Compliance with the requirements of this Land Use Bylaw does not exempt
any person from:
(a)
The requirements of any federal, provincial or municipal legislation; and
(b)
Complying with any easement, covenant, agreement or contract
affecting the development.
29
2.10
Contravention and Enforcement
(1)
The provisions of this bylaw may be enforced by way of stop order, injunction
or such other relief as may be available under the Municipal Government
Act, including the following:
(a)
Where the Development Officer finds that a development or use of
land or building is not in accordance with Part 17 of the Municipal
Government Act, this Land Use Bylaw, the Subdivision and
Development Regulation, a Development Permit or subdivision
approval, the Development Officer may, by notice in writing, order the
registered owner, the person in possession of the land or buildings
or the person responsible for the contravention or all or any of them
to:
(i)
Stop the development or use of the land or building in whole
or in part as directed by the notice, or
(ii)
Demolish, remove or replace the development, or
(iii)
Carry out any other actions required by the notice so that the
development or use of the land or building complies with Part
17 of the Municipal Government Act, the Subdivision and
Development Regulation, this Land Use Bylaw, a Development
Permit or subdivision approval,
within the time set out in the notice.
(b)
Any person who receives an order under subsection (1) may appeal to
the Subdivision and Development Appeal Board pursuant to this
Land Use Bylaw.
(c)
The municipality may register a caveat under the Land Titles Act in
respect of an order referred to in subsection (1) against the certificate of
title for the land that is the subject of the order. A caveat registered under
this subsection must be discharged once the order has been complied
with.
(d)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act
within the time specified, the municipality may seek a court order
from the Court of Queen's Bench for any or all of the following:
(i) A declaration that the person who received an order is in breach
of the Land Use Bylaw, an order issued under the Land Use
Bylaw and/or the Subdivision and Development Appeal
Board's decision relating to an appeal of an order,
30
(ii) An injunction ordering the person who received an order
referred to in subsection (1) to comply with the Land Use
Bylaw within a certain period of time,
(iii) An order providing that, if compliance has not been achieved
within the period stated in the court order, that the municipality
or persons appointed by it has the right to enter upon the land
and building and take steps necessary to achieve compliance
with the Land Use Bylaw,
(iv) An order that legal costs and the costs to achieve compliance
incurred by the municipality can be added to the assessment
roll for the land that is the subject of the court order,
(v) A provision that the court order may be registered against the
certificate of title for the land that is the subject of the court order
and discharged only on full compliance with the court order.
(e)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act
within the time specified, Council or persons 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.
(f)
Where Council or persons appointed by it carries out an order,
Council shall cause the costs and expenses incurred in carrying out
the order to be placed on the assessment roll of the property that is
subject of the order.
(2)
The Development Officer may inspect premises in accordance with the
provisions of the Municipal Government Act where there are reasonable
grounds to believe that the premises are being used in contravention of this
bylaw. Without limiting the generality of the foregoing, such reasonable grounds
would include:
(a)
Complaints from the public that the premises are being used contrary to
the bylaw,
(b)
The observations of the Development Officer that there is excessive
traffic, parking problems, accumulated debris in a yard or other apparent
breach of this bylaw.
2.11
Offences and Penalties
(1)
A person who contravenes or does not comply with a provision of Division 5 of
Part 13, or Part 17 of the Municipal Government Act, or this Land Use Bylaw,
or who obstructs or hinders any person in the exercise or performance of their
31
powers under Part 17 or regulations under Part 17 of the Municipal
Government Act, is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) is liable upon
summary conviction to a fine of not less than $250 and not more than $10,000 or
to imprisonment for not more than one year, or to both fine and imprisonment.
(3)
Development Permit applications submitted after site preparation or
construction has commenced may be subject to the increased fee provisions
described in the fee schedule adopted by Council resolution in accordance with
this Land Use Bylaw.
32
33
PART THREE: SUPPLEMENTARY REGULATIONS
1.
Buildings
1(1)
Accessory Buildings
(a)
Subject to the provisions of subsections (b) and (c) of this section,
accessory buildings shall be sited having regard to their:
(i)
Environmental impact;
(ii)
Use;
(iii)
Accessibility; and
(iv)
Location in relation to other buildings on the parcel and the
future use and/or subdivision of the parcel.
(b)
An accessory building on a parcel abutting Sylvan Lake or a reserve
parcel abutting the lake shall be situated so that:
(i)
No accessory building or any portion thereof shall be erected or
placed within the front yard of a parcel other than those listed
below in (ii)(C);
(ii)
On an interior parcel, a minimum of:
A.
1.50 m (4.92 ft.) from the side parcel boundary;
B.
6 m (19.68 ft.) from the rear parcel boundary; and
C.
An accessory building used as a storage shed, not
exceeding 13 m2 (139.93 ft2) shall be a minimum of 1 m
(3.28 ft.) from the side and rear parcel boundaries and 2 m
(6.56 ft.) from the front parcel boundary.
(iii)
On a corner parcel, a minimum of:
A.
3 m (9.84 ft.) from any side boundary abutting a street, or a
reserve parcel;
(iv)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the front or side boundary
common to two parcels provided the accessory building serves
the two abutting parcels.
Amended by Bylaw #133/18.
34
(c)
An accessory building on a parcel not abutting Sylvan Lake or a
reserve parcel abutting the lake shall be situated so that:
(i)
No accessory building or any portion thereof shall be erected or
placed within the front yard of a parcel other than a garage or
guest house, sheds are not permitted.
(ii)
On an interior parcel, a minimum of:
A.
1 m (3.28 ft.) from the side parcel boundary; and
B.
1 m (3.28 ft.) from the rear parcel boundary.
C.
6 m (19.68 ft.) from the front parcel boundary.
(iii)
On a corner parcel, a minimum of:
A.
3 m (9.84 ft.) from the side parcel boundary abutting the
street;
B.
1 m (3.28 ft.) from the other side parcel boundary;
C.
6 m (19.69 ft.) from the front parcel boundary; and
D.
3 m (9.84 ft.) from the rear parcel boundary.
(iv)
Notwithstanding the above, an accessory building or any
portion thereof may be erected or placed on the rear or side
boundary common to two parcels provided the accessory
building serves the two abutting parcels.
Amended by Bylaw #133/18
(d)
Notwithstanding section 1.1(6)(b), an accessory building shall not be
more than 5 m (16.40 ft.) in building height measured from grade.
(e)
An accessory building erected or placed on a parcel shall not be used
as a dwelling unit.
(f)
The exterior of an accessory building must be finished to match or
compliment the exterior finish of the main building.
(g)
An accessory building's footprint shall be no larger than 8% of the
parcels total area. Amended by Bylaw #136/18.
1(2)
Building Orientation and Design
The design, character and appearance of any building, or series of buildings,
structures or signs proposed to be erected or located in any district must be
35
acceptable to the Development Authority having due regard to the following:
(a)
Amenities such as daylight, sunlight and privacy;
(b)
The character of existing development in the district;
(c)
Impact of proposed development on adjacent parcels;
(d)
Crime Prevention Through Environmental Design (CPTED), principles to
discourage crime by reducing concealment opportunities, providing
lighting to minimize dark spaces, placing windows to maximize
surveillance, and easily identifiable addresses;
(e)
Proposed type of finish and use of building materials on all elevations and
the roof;
(f)
The exterior finish on all buildings shall be of permanent material
satisfactory to the Development Authority;
(g)
The roof pitch and width of the eaves;
(h)
The depth of the main building shall not be greater than three (3) times
its width; and
(i)
The Development Authority may require additional building setbacks
in order to accommodate any local, area or natural drainage courses or
over land drainage issues. Surface drainage from one parcel may not
be directed onto or over an adjacent parcel without approval of the
Development Authority.
1(3)
Relocation of Buildings
(a)
No person shall:
(i)
Alter the location on a parcel of a building which has already
been constructed on that parcel; or
(ii)
Place on a parcel a building which is to be relocated or
moved from a different parcel or location;
unless a Development Permit has been issued by the Development
Authority.
(b)
In addition to the requirements of Part 2, Section 2.3(1), the
Development Authority may require an application for a
Development Permit to be accompanied with:
(i)
Recent colour photographs showing all elevations of the building;
36
(ii)
A statement verifying the age, size and structural condition of the
building;
(iii)
A statement of proposed improvements to the building; and
(iv)
A written inspection report from Alberta Labour Building Standards
Branch, or a Certified Building Inspector.
(c)
An application for a Development Permit may be approved by the
Development Authority if the proposal meets all of the regulations
specified under the appropriate land use district in which it is proposed
to be located.
(d)
Where a Development Permit has been granted for the relocation of
a building either on the same parcel or from another location, the
Development Authority may require the applicant to provide a
performance bond of such amount to ensure completion of any
renovations set out as a condition of approval of a Development
Permit.
(e)
All structural and exterior renovations shall be completed within one
(1) year of the issuance of a Development Permit.
1(4)
Number of Buildings on a Parcel
A Development Permit shall not be issued for more than:
(a)
One (1) main building on an unsubdivided parcel; and
(b)
Two (2) accessory buildings on an unsubdivided parcel.
Amended by Bylaw #112/16.
1(5)
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 nuisances; and
(b)
The final reclamation of the parcel
which is satisfactory to the Development Authority.
37
1(6)
Guest Houses
(a)
A maximum of one (1) guest house is allowed on a parcel; and
(b)
An accessory building with a guest house above a garage shall
not exceed 7.62 m (25 ft.) in building height measured from grade.
(c)
In situations where a detached dwelling is being rented out and there is
a guest house on the parcel, the guest house shall not to be rented
out to a separate party other than those renting the detached dwelling.
2.
Yards
2(1)
Yard Illustrations
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake:
38
2(2)
Projections Over Yards
(a) In the residential district the portion of and attachments to a main or
accessory building which may project over or on a minimum yard are:
(i)
Side yards:
Any projection, including unenclosed steps or eaves, not
exceeding one-half of the minimum side yard required for the
building;
(ii)
Front yard and rear yard:
A.
Any projection not exceeding 1.50 m (4.92 ft.) over or on
a minimum front yard,
B.
Unenclosed steps, if they do not project more than 2.50 m
(8.20 ft.) over or on a minimum front yard or rear yard
and unenclosed decks, if they do not project more than
fifty (50) percent of the minimum yard;
C.
Any projection not exceeding 3 m (9.84 ft.) over the
minimum rear yard for a main building, or fifty (50)
percent over the minimum rear yard for an accessory
building. Amended by Bylaw #133/18.
(b)
No portion of a building other than eaves, signs or canopies may
project into a public or private right-of-way.
2(3)
Objects Prohibited or Restricted in Yards Amended by Bylaw #141/19
(a)
No person shall allow a recreational vehicle or other object which is in
a dilapidated or unsightly condition, or a derelict vehicle to remain or be
parked on a parcel in the residential district, unless it is suitably housed
or screened to the satisfaction of the Development Authority.
(b)
A recreational vehicle shall not be parked on a vacant parcel except
as to provide temporary accommodation for the registered owner of
the parcel, and his/her immediate family, for:
i) One period of a maximum of sixty (60) consecutive days following the
issue of a Development Permit for a dwelling unit on the parcel,
provided that provisions, satisfactory to the Development Authority,
have been made for the disposal of sewage. The Development
Authority may, at their sole discretion, allow one (1) extension of this
period, being no longer than an additional sixty (60) days; and
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ii) Such other periods, not in excess of three (3) consecutive days and a
total of seven (7) days per annum, as may be approved by the
Development Authority to assist in the preparation of a Development
Permit application for the parcel.
(c)
A maximum of one (1) recreational vehicle may be stored permanently
on a residential lot.
(d)
A maximum of two (2) recreational vehicles may be used for living and
sleeping accommodation by:
(i) Bona fide tourists of the registered owner for a maximum period of
thirty (30) days per annum; and
(ii) The registered owner of the parcel, and his/her immediate family, for
one period of a maximum of sixty (60) consecutive days following
the issue of a Development Permit which necessitates the
temporary accommodation on the parcel. The Development
Authority may, at their sole discretion, allow one (1) extension of
this period, being no longer than an additional sixty (60) days.
(e)
Towing vehicles of bona fide tourists cannot be parked on the road or on
municipal property unless, at the discretion of the Development Authority,
a parking permit has been issued from the Summer Village office.
(f)
Underground, permanent utilities (water, power, and sewer hookups) are
strictly prohibited.
(g)
Recreational Vehicles and Recreational Vehicle stalls shall not be rented
out for compensation.
(h)
Recreational Vehicles must remain on private property at all times and
cannot be stored or used on municipal land.
2(4)
Laneless Subdivision
(a)
In a laneless subdivision in the residential district, one side yard shall
not be less than:
(i)
1.50 m (4.92 ft.), in the case of a detached dwelling with
attached garage, or
(ii)
3 m (9.84 ft.), in the case of a detached dwelling without
attached garage.
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3.
Vehicles
3(1)
Driveways
(a)
The maximum width of a driveway shall be 10 m (32.80 ft.). Driveway
width shall be measured within the carriageway.
(b)
Driveways on corner parcels shall be setback from the street
intersection not less than 6 m (19.69 ft.) Amended by Bylaw #136/18.
(c)
In the residential district, the number of driveways shall be limited to
not more than one (1) driveway on a property with less than or equal
to 40 m (131.23 ft.) and not more than two (2) driveways for properties
with more than 40 m (131.23 ft.) of frontage. Amended by Bylaw #112/16.
(d)
Driveways shall be constructed in such a manner not to interfere with
the natural flow or absorption of water.
(e)
Where the road storm drainage flow will be impacted by the
construction of a driveway, at the discretion of the Development
Authority, driveways shall contain culverts and be graded to the
satisfaction of the municipality.
(f)
Driveways to be constructed of asphalt or gravel within the carriageway
(between the road and private property line). Amended by Bylaw #136/18.
3(2)
Detached Garages
(a)
Parcels abutting Sylvan Lake or a reserve parcel abutting the lake:
(i)
In addition to the accessory building setbacks prescribed in
1.1(1), a detached garage shall be located a minimum of 6 m
(19.69 ft) from the rear parcel boundary if the overhead doors
of the garage face a lane, street or rear property boundary.
(ii)
Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m
(39.37 ft) in width; and
B.
Shall be located a minimum of 3.65 m (12 ft) from the rear
parcel boundary.
(b)
Parcels not abutting Sylvan Lake or a reserve parcel abutting the lake:
(i)
In addition to the accessory building setbacks prescribed in
1.1(1), a detached garage shall be located a minimum of 6 m
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(19.69 ft) from the front parcel boundary if the overhead doors
of the garage face a lane, street or front property boundary.
(ii)
Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m
(39.37 ft.) in width; and
B.
Shall be located a minimum of 3.65 m (12 ft) from the
front parcel boundary.
3(3)
Sight Lines at Intersections of Roadways
(a)
At the intersection of roadways, the Development Authority
may require the calculation of sight triangles where:
(i)
One or more rights-of-way is less than 15 m (49.21 ft.), or
(ii)
Regulated vehicle speed exceeds 50 km/h, or
(iii)
One of the carriageways is not centered in its right-of-way, or
(iv)
An intersection leg is curved or skewed, or
(v)
An intersection leg is sloped at two (2) percent or greater.
(b)
Sight triangle calculations shall be in accordance with the
recommended methods of the Roads and Transportation Association of
Canada regarding crossing sight distances for roadways.
4.
Miscellaneous
4(1)
Home Occupations
Home occupations shall comply with the following:
(a)
A home occupation shall not include any use or operation which
detracts from the amenities of a residential neighbourhood, by way of
creating dangerous or objectionable conditions.
(b)
A home occupation shall be incidental and subordinate to both the
residential use and any accessory residential building.There shall be
no exterior display or advertisement, except as provided for in section
2.2(11) of this Land Use Bylaw.
(c)
There shall be no outside storage or materials, commodities or
finished products.
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(d)
No commodity other than the product or service of the home
occupation shall be sold on the premises
(e)
No person other than a resident of the dwelling unit shall be
employed.
4(2)
Private Pools and Decorative Ponds
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake, a
private pool or decorative pond shall be located:
(i)
At least 1.50 m (4.92 ft.) from the side and front property lines;
(ii)
In a front yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a front yard or the side yard
not adjacent to a public roadway.
(iv)
A decorative pond may be located in a rear yard if:
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft.) from
the rear and side property lines.
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting
thelake, a private pool or decorative pond shall be located:
(i)
At least 1.50 m (4.92 ft.) from the side and rear property lines;
(ii)
In a rear yard or side yard in an interior parcel; and
(iii)
On a corner parcel, located in a rear yard or the side yard
not adjacent to a public roadway.
(iv)
A decorative pond may be located in a front yard if:
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft.) from
the front and side property lines.
C.
A private pool shall be enclosed by a secure lockable
lid or fencing equipped with gates that lock in
accordance with the Alberta Building Code in effect at
the date of the application for Development Permit.
4(3)
Fencing
Within the residential district:
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(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake,
fences:
(i)
Located within a rear yard or side yard of a parcel shall
not exceed 2.0 m (6.56 ft.) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1
m (3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.)
in height;
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting
the lake, fences:
(i)
Located within a rear yard or side yard of a parcel shall not
exceed 2 m (6.56 ft.) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1
m (3.28 ft.) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft.)
in height;
(c)
Fence height shall be determined by measuring from the top of the fence
to the ground;
Within the Community Reserve (CR) or Environmental Open Space (EOS)
Districts, a fence shall be sited to the discretion of the Development Authority.
4(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in
the opinion of the Development Authority may be hazardous to the
public.
(b)
Where finished ground elevations are established, all grading shall
comply therewith.
(c)
All parcels shall be graded to ensure that storm water is directed to a
drainage ditch without crossing adjacent land, except as permitted
by the Development Authority.
(i)
All topsoil shall be retained on the parcel, except where it
must be removed for building purposes.
(ii)
Finished ground elevations must be provided to the
Development Authority for any dwelling unit containing
a walkout basement.
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(iii)
Retaining walls greater than 1 m (3.28 ft.) in height above
any adjoining grade requires a Development Permit.
4(5)
Landscaping, Environmental Conservation and Development
The following standard of landscaping shall be required for all areas of a parcel
not covered by buildings, driveways, storage and display areas:
(a)
The conservation of existing trees and shrubs to the maximum extent
possible.
(b)
The retention, in their natural state, of:
(i)
swamps, gullies and natural drainage courses,
(ii)
unstable land,
(iii)
land subject to flooding and/or located within a 1:100 year
floodway or flood fringe area as determined by an engineer or
flood study,
(iv)
escarpment or slope areas with a gradient of 15 percent or
greater, and
(v)
land located below the top of the bank of any water body or water
course.
(c)
The appropriate screening of outside storage areas, parking facilities
and loading areas from adjacent buildings and roads.
(d)
The planting of additional trees and shrubs to replace those removed
upon development of the parcel;
(e)
A sufficient depth of topsoil to facilitate growth in the soft-landscaped
areas, with areas not planted to trees and shrubs being seeded to grass,
sodded or left with its natural grass cover; and
(f)
Completion of the landscaping within two (2) years of the date of issue of
the Development Permit.
4(6)
Replacement Trees and/or Shrubs
(a)
The required planting of replacement trees and/or shrubs to replace
those removed upon development of the parcel, shall be at the
discretion of the Development Authority;
(b)
As a condition of Development Permit, an irrevocable letter of credit
may be required, up to a value equal to the estimated costs of the
45
proposed replacement trees and/or shrubs, to ensure that the required
replacement trees and/or shrubs is carried out with reasonable
diligence. The conditions of the security being that:
(i)
If the replacement trees and/or shrubs are not completed in
accordance with the approved statement or plan showing the
proposed replacement trees and/or shrubs, then the
municipality shall use the security to complete the approved
replacement trees and/or shrubs;
(ii)
If the replacement trees and/or shrubs do not survive a two (2)
year maintenance period, the applicant must replace them to the
satisfaction of the Development Authority or forfeit the portion
of the amount fixed equal to the cost of replacing the affected
replacement trees and/or shrubs; and
(iii)
The irrevocable letter of credit will be released when the
replacement trees and/or shrubs have been completed to the
satisfaction of the Development Authority and upon expiration
of the two (2) year maintenance period.
4(7)
Subdivision Design Standards
(a)
The subdivision authority shall, as a condition of subdivision approval,
require an environmental reserve (or a combination of environmental
reserve and environmental reserve easement) of not less than 30 m
(98.43 ft.) in width from the high water mark of Sylvan Lake and/or the
top of bank of watercourses to the parcel line. A greater setback may
be required by the subdivision authority based on the recommendations
of a geotechnical study undertaken by a qualified professional.
4(8)
Public Property Regulations
(a)
Parking or leaving a vehicle on public property shall be in accordance
with the Summer Village of Sunbreaker Cove's Traffic Bylaw No. 86-
10, as amended.
(b)
The removal of trees and/or shrubs, excavation, grading or
drainage alteration on any municipal reserve, environmental reserve
or other municipal owned land, without expressed written approval
from the municipality, is prohibited.
(c)
Private development on any municipal reserve, environmental reserve
or other municipal owned land is prohibited.
(d)
The prohibition in subsection (c) does not apply to any uses listed in an
applicable land use district and subject to expressed written approval
46
from the municipality.
(e)
No person shall erect or cause to be erected any fence on any property
owned by the municipality without their expressed written approval.
4(9)
Tourist Homes
Amended by Bylaw #152-20.
(a)
A development permit is required to operate a tourist home. Tourist
Homes will be issued for twelve (12) months. Registered owners
cannot operate more than one (1) tourist home in the Residential
District (R1).
(b)
Tourist homes shall be contained within the principal building and
therefore garage suits shall not be used.
(c)
Notwithstanding part three, section 2(3), no recreation vehicle shall be
used as accommodation for tourist home guests.
(d)
The maximum number of people staying overnight in a tourist home
shall be two (2) times the number of bedrooms plus two (2). Floor plan is
to be submitted at the time of application.
(e)
The operator of a tourist home shall provide the Summer Village Office
with the name and phone number(s) of at least one person (adult) that is
authorized to act on the owner/operator's absence. The owner/operator
is responsible for informing the Summer Village Office of any changes in
this information.
(f)
The minimum length of stay shall be no less than seven (7) days in the
peak season between May one (1) until September thirty (30).
Otherwise it shall be no less than three (3) days.
(g)
The tourist home shall always abide by the community standards bylaw
regardless of who is occupying the home. This includes (noise,
nuisance, and littering etc.). A summary of key bylaws will be provided
by administration.
(h)
In residential districts tourist homes shall not display any sign advertising
the tourist home.
(i)
Adequate parking must be in place on the property or the road
allowance in front of the property, of a minimum of one stall per
bedroom.
(j)
Approval of a development permit does not exempt the owner/operator
of a tourist home from complying with any federal, provincial, or other
municipal legislation.
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5.
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in Part Three: Supplementary
Regulations shall, in accordance with the following guidelines, be:
(1)
Separated from adjacent uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent uses;At a density which is
consistent with that prevailing in the area, unless otherwise provided for in a
statutory plan;
(2)
Setback from any parcel boundary abutting a road or a reserve a sufficient
distance to ensure that the development will not be visually intrusive, having
regard to any possible changes in surrounding uses;
(3)
Of a height which will be consistent with that prevailing in the area;
(4)
Developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent roads; and
(5)
Developed in conformance with any applicable statutory plan policies.
48
PART FOUR: LAND USE DISTRICT REGULATIONS
RESIDENTIAL DISTRICT (R1)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings and compatible uses, herein listed.
Permitted Uses:
Accessory Building where the total floor area is 74 m2 (796.54 ft2)
or less
Building Demolition
Detached Dwelling
Deck/Stairs
Driveway
Holding Tank
Private Pool
Discretionary Uses:
Accessory Building where the total floor area is over 74 m2
(796.54 ft2)
Accessory Use
Guest House
Holding Tank
Home Occupation
Manufactured Dwelling Unit
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Private Pool
Public and Quasi-Public Uses
Sign
Tourist Home
Trails
Walkways
Amended by Bylaw #112/16
Amended by Bylaw #136/18
Amended by Bylaw #152-20
Minimum Parcel Area:
(1)
Parcels shall have:
(a)
A width of not less than 30.5 m (100.07 ft.); and
(b)
An area of not less than 1,860 m2 (20,020.87 ft2.)
(c)
Parcels not complying with the foregoing and legally created prior to
promulgation of Alberta Regulation 132/78 (April 1978) are not subject to
foregoing, but shall have an area not less than 500 m² (5,381.96 ft2)
Parcel Servicing:
(1)
Only a holding tank shall be permitted for any detached dwelling or a
49
replacement of existing septic system. Amended by Bylaw #133/18.
(2)
The Development Authority shall either refuse to issue a Development Permit
for any building, structure or works, unless arrangements under (1) above have
been completed, or issue a Development Permit subject to the conditions that
arrangements under (1) above shall be completed prior to the commencement of
the development.
(3)
The Development Authority may require that a caveat be registered against
the title respecting a deferred serving agreement notifying the owner(s) of the
development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the
development to said system(s) when such services become available.
These connection costs may include offsite as well as onsite costs.
(4)
Utility rights-of-way and/or easement agreements may also be required as
a condition of development approval to allow for connection to a
municipal or regional water and/or wastewater system.
(5)
Electrical power from the property line of any parcel to any building situate
on the parcel shall be constructed underground.
Site Development:
(1)
Unless otherwise provided in a development agreement registered by the
municipality by caveat on the title to any parcel the following provisions
shall apply:
(a)
Minimum front yard:
(i)
7.50 m (24.61 ft.) to the dwelling unit except where the parcel
includes the escarpment adjacent to Sylvan Lake or high water
mark, in which case the front yard shall be determined by the
Development Authority.
(ii)
6 m (19.69 ft.) to a garage attached to, and structurally part of,
the main building.
(b)
Minimum side yard:
(i)
1.50 m (4.92 ft.), except where it abuts a community reserve or
roadway - 3 m (9.84 ft.) or as required in the Alberta Building
Code, whichever is greater. Amended by Bylaw #136/18
(c)
Minimum rear yard:
(i)
7.50 m (24.61 ft.) to the dwelling unit; and
(ii)
6 m (19.69 ft.) to a garage attached to, and structurally part of,
the main building.
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(d)
Maximum parcel coverage: fifty (50) percent, other fifty (50) percent
shall remain as is or contain native grasses, trees, shrubs, or ornamental
plantings, satisfactory to the Development Authority. Amended by Bylaw
#133/18.
(e)
Maximum building height:
10 m (32.80 ft.) measured from grade.
(f)
Minimum floor area:
75 m2 (807.29 ft2)
(g)
Parking requirements:
(i)
Detached dwellings shall have at least two (2) parking stalls per
dwelling unit;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.50 m (18.04 ft.).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
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52
COMMUNITY RESERVE DISTRICT (CR)
General Purpose:
To provide an area for the development of public land for major
multi-use recreational facilities, and other uses, herein listed,
which are compatible with the area.
Permitted Use:
Parks and Playgrounds
Discretionary Uses:
Accessory Use
Parking Facilities (public) Public
and Quasi-public Uses
Recreation Facilities
Sign (public) Trails
Utility Building
Walkways
Any use that is similar, in the opinion of the Development
Authority, to the permitted uses or discretionary uses
described above.
Site Development:
(1)
Notwithstanding a development agreement registered by the municipality by
caveat on the title to any parcel, the following provisions shall apply:
(a)
Minimum front yard:
(i)
9 m (29.53 ft.)
(b)
Minimum side yard:
(i)
3 m (9.84 ft.), or as required in the Alberta Building Code,
whichever is greater
(c)
Minimum rear yard:
(i)
6 m (19.68 ft.)
(d)
Maximum parcel coverage: eighty (80) percent
(e)
Maximum building height:
12 m (39.37 ft.) measured from grade.
(f)
Parking requirements:
(i)
Parking stalls may be required at the Development Authority's
sole discretion; and
(ii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft.) by 5.50 m (18.04 ft.)
53
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
(2) Outdoor storage and display:
(a)
Outdoor storage shall be screened; and
(b)
Outdoor display is not allowed.
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ENVIRONMENTAL OPEN SPACE DISTRICT (EOS)
General Purpose:
To provide an area for either the preservation of public
land in its natural state, or for its development as a park.
Permitted Uses:
Natural Environment Preservation
Parks and Playgrounds
Discretionary Uses:
Accessory Use
Sign (public)
Trails
Utility Building
Walkways
Any use that is similar, in the opinion of the Development
Authority, to the permitted or discretionary uses
described above.
Site Development:
(1)
Parking requirements:
(a)
Parking stalls may be required at the Development Authority's sole
discretion; and
(b)
All parking stalls shall have a dimension of not less than 2.75 m (9.02 ft.)
by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
(2)
Outdoor storage and display:
(a)
Outdoor storage shall be screened; and
(b)
Outdoor display is not allowed.