This is the exact embedded text of the captured official document.
Snapshot 786bfefaa98d · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 17 Division 5 LAND USE
BYLAW NO. 2024-04
Land Use Bylaw
Summer Village of Sundance Beach
Page 2
A BYLAW OF THE SUMMER VILLAGE OF SUNDANCE BEACH IN THE PROVINCE
OF ALBERTA FOR REGULATION AND CONTROL OF THE USE AND
DEVELOPMENT OF LAND AND BUILDINGS IN THE SUMMER VILLAGE OF
SUNDANCE BEACH
WHEREAS section 639 of the Municipal Government Act (Alberta) provides that every
municipality must pass a land use bylaw;
NOW THEREFORE, the Council of the Summer Village of Sundance Beach duly
assembled, enacts as follows:
1. REPEAL
1.1
This Bylaw shall replace Bylaw No. P3 - 155 and all amending bylaws
including Bylaw No. P14 and Bylaw No. 2022-07, and Bylaw No. P3 - 155
and amending Bylaws No. P14 and Bylaw No. 2022-07 are hereby repealed.
2. COMING INTO FORCE
2.1
This amendment to the Land Use Bylaw shall come into full force and effect
upon final passing.
READ a first time this 5th day of September, 2024.
READ a second time this 8th day of November, 2024.
READ a third and final time this 8th day of November, 2024.
_____________________________
_____________________________
Brian Waterhouse, Mayor
June Boyda, Chief Administrative Officer
Summer Village of Sundance Beach
Summer Village of Sundance Beach
Summer Village of Sundance Beach Land Use Bylaw
Page i
TABLE OF CONTENTS
PART 1
INTERPRETATION AND MAP ...................................................... 1
1.10
TITLE, PURPOSE, AND INTERPRETATION ........................................................................................ 2
1
Title ............................................................................................................................................................... 2
2
Contents of Bylaw ......................................................................................................................................... 2
3
Purpose ......................................................................................................................................................... 2
4
General Interpreta;on .................................................................................................................................. 3
1.20
ESTABLISHMENT OF LAND USE DISTRICTS AND LAND USE DISTRICT MAP ........................................ 5
1
Establishment of Land Use Districts .............................................................................................................. 5
PART 2
DEFINITIONS ............................................................................. 8
2.10
DEFINITIONS ............................................................................................................................ 9
1
MGA Terms and Words ................................................................................................................................. 9
2
Land Use Bylaw Terms and Words ................................................................................................................ 9
PART 3
ADMINISTRATIVE REGULATIONS ............................................. 30
3.10
AUTHORITIES AND COMMUNICATION ........................................................................................ 31
1
Development Authority ............................................................................................................................... 31
2
Subdivision Authority .................................................................................................................................. 32
3
Fines and Enforcement ............................................................................................................................... 32
3.20
DEVELOPMENT PERMITS .......................................................................................................... 35
1
Approvals Required ..................................................................................................................................... 35
2
Development Permit Required .................................................................................................................... 35
3
No Development Permit Required .............................................................................................................. 36
4
Development Permit Applica;on ................................................................................................................ 37
5
Applica;on for a Class A Development ....................................................................................................... 38
6
Applica;on for a Class B Development ....................................................................................................... 40
7
Development Permit Completeness ............................................................................................................ 41
8
Decisions on Development Permit Applica;ons .......................................................................................... 41
9
Development Permit Condi;ons ................................................................................................................. 43
10 Limita;on of Variance ................................................................................................................................. 44
11 No;fica;on of Development Permit Decisions ........................................................................................... 45
12 Validity and Cancella;on of Development Permits ..................................................................................... 45
13 Development Permit Time Extension .......................................................................................................... 47
14 Appeals of Decisions of Development Authority ......................................................................................... 47
Summer Village of Sundance Beach Land Use Bylaw
Page ii
15 Subdivision Approval Applica;on ................................................................................................................ 49
16 Appeals of Decisions of Subdivision Authority ............................................................................................ 49
3.30
AMENDING THE LAND USE BYLAW ............................................................................................. 51
1
Procedure for Amendments ........................................................................................................................ 51
2
Resubmission Interval ................................................................................................................................. 51
PART 4
GENERAL DEVELOPMENT REGULATIONS ................................. 53
4.10
SITE ORGANIZATION ............................................................................................................... 54
1
Development Density .................................................................................................................................. 54
2
Driveways and Parking ............................................................................................................................... 54
3
Tree Removal .............................................................................................................................................. 55
4
Landscaping Standards ............................................................................................................................... 55
4.20
STRUCTURE AND SITE STANDARDS ........................................................................................... 57
1
Standards for Structures ............................................................................................................................. 57
2
Accessory Structures ................................................................................................................................... 57
3
Privacy Screen ............................................................................................................................................. 58
4
Encroachment ............................................................................................................................................. 58
5
PermiYed and Non-PermiYed Structures .................................................................................................... 59
4.30
NON-CONFORMING STRUCTURES ........................................................................................... 60
1
Non-Conforming Structures on a Property ................................................................................................. 60
PART 5
LAND USE DISTRICTS ............................................................... 63
5.10
REGULATIONS THAT APPLY TO RESIDENTIAL DISTRICTS (R1A AND R1B) ....................................... 64
1
Specific Regula;ons for the Residen;al Districts (R1A and R1B) ................................................................ 64
2
Re-Subdivision of Lots ................................................................................................................................. 64
3
Accessory Buildings ..................................................................................................................................... 65
4
Building Height and Extensions .................................................................................................................. 66
5
Reloca;on of Buildings ............................................................................................................................... 67
6
Recrea;onal Vehicles .................................................................................................................................. 67
7
Home Business ............................................................................................................................................ 67
8
Short Term Rental ....................................................................................................................................... 67
5.20
RESIDENTIAL DISTRICT (R1A) LAND USES AND DEVELOPMENT STANDARDS .................................. 68
1
Uses and Structures .................................................................................................................................... 68
2
Development Standards .............................................................................................................................. 69
Summer Village of Sundance Beach Land Use Bylaw
Page iii
5.30
LARGE LOT RESIDENTIAL DISTRICT (R1B) LAND USES AND DEVELOPMENT STANDARDS ................... 73
1
Uses and Structures .................................................................................................................................... 73
2
Development Standards .............................................................................................................................. 74
5.40
REGULATIONS THAT APPLY TO LAKEFRONT DISTRICTS (ED, PUL, RA) ......................................... 78
1
Specific Regula;ons for the Lakefront Districts (ED, PUL, RA) ..................................................................... 78
5.50
EASEMENT DISTRICT (ED) LAND USE AND DEVELOPMENT STANDARDS ........................................ 79
1
Specific Regula;ons for the Easement District (ED) .................................................................................... 79
2
Uses and Structures .................................................................................................................................... 80
3
Development Standards .............................................................................................................................. 81
5.60
PUBLIC UTILITY DISTRICT (PUL) LAND USE AND DEVELOPMENT STANDARDS ................................ 84
1
Specific Regula;ons for the Public U;lity District (PUL) .............................................................................. 84
2
Uses and Structures .................................................................................................................................... 86
3
Development Standards .............................................................................................................................. 87
5.70
ROAD ALLOWANCE DISTRICT (RA) LAND USE AND DEVELOPMENT STANDARDS ............................ 90
1
Specific Regula;ons for the Road Allowance District (RA) .......................................................................... 90
2
Uses and Structures .................................................................................................................................... 92
3
Development Standards .............................................................................................................................. 93
5.80
COMMUNITY DISTRICT (CD1) LAND USE AND DEVELOPMENT STANDARDS ................................... 96
1
Specific Regula;ons for the Community District (CD1) ............................................................................... 96
5.90
COMMUNITY DISTRICT (CD2) LAND USE AND DEVELOPMENT STANDARDS .................................. 97
1
Specific Regula;ons for the Community District (CD2) ............................................................................... 97
2
Uses and Structures .................................................................................................................................... 98
3
Accessory Buildings ..................................................................................................................................... 99
4
Development Standards ............................................................................................................................ 100
PART 6
MASTER USE TABLE ............................................................... 104
6.10
MASTER USE AND STRUCTURE TABLE ....................................................................................... 105
Summer Village of Sundance Beach Land Use Bylaw
Page 1
Part 1
Interpretation and Map
Part 1 - Interpretation and Map
Section 1.10 - Title, Purpose, and Interpretation
Summer Village of Sundance Beach Land Use Bylaw
Page 2
1.10
Title, Purpose, and Interpretation
1
Title
1.1
This Bylaw may be cited as the "Summer Village of Sundance Beach Land Use
Bylaw".
2
Contents of Bylaw
2.1
The contents of this Bylaw include:
2.1.1
Part 1 - Interpretation and Map
2.1.2
Part 2 - Definitions
2.1.3
Part 3 - Administrative Regulations
2.1.4
Part 4 - General Development Regulations
2.1.5
Part 5 - Land Use Districts
2.1.6
Part 6 - Master Use and Structure Table
3
Purpose
3.1
The purpose of this Bylaw is to regulate and control the use and Development of
land and Buildings within the Summer Village to achieve the orderly and
economic Development of land and to:
3.1.1
divide the Summer Village into Land Use Districts;
3.1.2
prescribe and regulate for each Land Use District the purposes for which
land and Buildings may be used;
3.1.3
confirm the establishment of the offices of the Developmental Authority
and the Subdivision Authority;
3.1.4
establish a method of making decisions on applications for Development
Permits and Subdivisions;
3.1.5
prescribe a manner in which notice of the issuance of a Development
Permit is to be given; and
3.1.6
establish a system for appealing decisions of the Development Authority
and the Subdivision Authority.
Part 1 - Interpretation and Map
Section 1.10 - Title, Purpose, and Interpretation
Summer Village of Sundance Beach Land Use Bylaw
Page 3
4
General Interpretation
4.1
Grammatical Reference Regulations
4.1.1
Unless otherwise provided in this Bylaw, words capitalized in this Bylaw
refer to the Definitions in Part 2 of this Bylaw.
4.1.2
Headings or subheadings in this Bylaw are inserted for ease of reference
and guidance and do not form part of this Bylaw.
4.1.3
When a word or expression is defined in this Bylaw, other parts of speech
and grammatical forms of the same word or expression have
corresponding meanings.
4.1.4
Words not capitalized as Definitions should be given their plain and
ordinary meaning as the context requires.
4.1.5
Words in the singular include the plural, words in the plural include the
singular, and words importing the use of any gender shall include all
genders.
4.2
General Reference Regulations
4.2.1
"Section" in this Bylaw refers to a contained set of regulations within a
Part of this Bylaw.
4.2.2
"Subsection" in this Bylaw refers to a specific regulation or set of
regulations within a Section.
4.2.3
"Sections" or "Subsections" containing tables listing Permitted and
Discretionary Uses form part of this Bylaw.
4.2.4
Flowcharts outlining processes do not form part of this Bylaw.
4.2.5
Diagrams exemplifying regulations form part of this Bylaw.
4.2.6
Where, under this Bylaw, an Applicant is required to submit information to
the Development Authority or the Subdivision Authority that has been
prepared or reviewed by an expert or professional, including, but not
limited to, an engineer, architect, arborist, or surveyor, the expert or
professional shall be an Accredited Professional, licensed to practice in
Alberta to the satisfaction of those approving authorities.
4.2.7
Nothing in this Bylaw relieves a Person from complying with any provision
of any federal, provincial, or bylaw (including the Summer Village Bylaws)
or regulation or any requirement of any lawful permit, order, or license.
Part 1 - Interpretation and Map
Section 1.10 - Title, Purpose, and Interpretation
Summer Village of Sundance Beach Land Use Bylaw
Page 4
4.3
Resolving Conflict
4.3.1
Each provision of this Bylaw is independent of, and severable from, all
other provisions. If any provision is declared invalid or unenforceable for
any reason by a court of competent jurisdiction, all other provisions of
this Bylaw remain valid and enforceable.
4.3.2
If there is any conflict or inconsistency between the MGA and any
provision of this Bylaw, then the MGA shall govern to the extent of such
conflict or inconsistency.
4.3.3
In the case of any conflict between the text of this Bylaw and any photos,
diagrams, or drawings used to illustrate any aspect of this Bylaw, the text
takes precedence.
4.3.4
In the case of any conflict between a number written in numerals and a
number written in letters, the number written in numerals must govern.
4.3.5
In the case of any conflict between information expressed in metric units
and imperial units, the metric units must govern.
4.3.6
Unless specified elsewhere in this Bylaw, units must be rounded to the
tenth decimal place.
4.3.7
Where this Bylaw references an act, regulation, code or bylaw (including
the Summer Village Bylaws), such reference shall be interpreted using its
most updated version as amended.
4.3.8
Where this Bylaw references an act, regulation, code or bylaw (including
the Summer Village Bylaws) that no longer exists, such reference shall be
interpreted using its replacement.
4.3.9
After this Bylaw comes into effect, all applications for Development
Permits, whether new or in the process of being considered, shall be
required to comply with this Bylaw.
Part 1 - Interpretation and Map
Section 1.20 - Establishment of Land Use Districts
and Land Use District Map
Summer Village of Sundance Beach Land Use Bylaw
Page 5
1.20
Establishment of Land Use Districts and
Land Use District Map
1
Establishment of Land Use Districts
1.1
This Bylaw establishes the following Land Use Districts within the Summer Village:
1.1.1
Residential District (R1A)
1.1.2
Large Lot Residential District (R1B)
1.1.3
Easement District (ED)
1.1.4
Public Utility District (PUL)
1.1.5
Road Allowance District (RA)
1.1.6
Community District (CD1)
1.1.7
Community District (CD2)
1.2
If there is any uncertainty regarding the boundaries of a Land Use District and any
maps (including the Land Use District Map), then the uncertainty shall be resolved
by a decision of Council.
1.3
The locations, boundaries and areas comprising the Land Use Districts are shown
in the Land Use District Map attached to this Bylaw and referenced below.
1.4
Land Use District Map
1.4.1
Link to Map
1.4.2
Refer to the next page for a print of the Land Use District Map.
Part 1 - Interpretation and Map
Section 1.20 - Establishment of Land Use Districts
and Land Use District Map
Summer Village of Sundance Beach Land Use Bylaw
Page 6
Part 1 - Interpretation and Map
Section 1.20 - Establishment of Land Use Districts
and Land Use District Map
Summer Village of Sundance Beach Land Use Bylaw
Page 7
Summer Village of Sundance Beach Land Use Bylaw
Page 8
Part 2
Definitions
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 9
2.10
Definitions
1
MGA Terms and Words
1.1
Unless otherwise stated in this Bylaw, terms and words which are used in this
Bylaw and which are defined in the MGA have the meanings attributed to those
terms and words in the MGA. These terms and words include:
"Building"
"Court of Appeal"
"designated officer"
"Development Authority"
"Development Permit"
"Land and Property Rights
Tribunal" (LPRT)
"Land Use Bylaw"
"Non-Conforming Use"
"Subdivision"
"Subdivision and
Development Appeal
Board" (SDAB)
"Subdivision Authority
1.2
Other terms and words are defined below:
2
Land Use Bylaw Terms and Words
A
"Accessory Building"
means a Building which is located on the same
Lot as the Principal Building, and which is of a
type normally incidental to the Principal Building,
and which is subordinate to and normally
incidental to the use of the Principal Building and
"Accessory Building" includes a Garage, and a
Guesthouse;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 10
"Applicable Adjoining
Users"
means (1) the Lot Adjoining Users with respect to
a proposed Development on a Lot, (2) the
Easement Adjoining Users with respect to a
proposed Development on an Easement Parcel,
(3) the PUL Adjoining Users with respect to a
proposed Development on a PUL Parcel, and (4)
the Road Allowance Adjoining Users with respect
to a proposed Development on a Road Allowance
Parcel. For greater certainty, "Applicable
Adjoining Users" excludes the Sundance Estates
Residents;
"Applicant"
means the Person who is the Owner or Occupant
of the Property and who has applied, or
authorized a third party to apply, for a
Development Permit or a Subdivision applicable
to that Property;
B
"this Bylaw"
means the Summer Village of Sundance Beach
Land Use Bylaw;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 11
C
"CAO"
means the Chief Administrative Officer of the
Summer Village;
"Class A
Development"
means, with respect to the applicable Property, a
proposed Development which is a Permitted Use
for that Property, or which is accessory to a
Permitted Use for that Property and which, in
each case, complies in all respects with the
requirements of this Bylaw;
"Class B
Development"
means, with respect to the applicable Property, a
proposed Development which is a Permitted Use
for that Property but requires variances or which
is a Discretionary Use for that Property and which,
in each case, complies in all respects with the
requirements of this Bylaw;
"Community Centre"
means the Property located in the Summer
Village and known as the "Sundance Beach
Community Centre" and includes the Buildings,
Structures, Garages, Accessory Buildings, Storage
Buildings, Patios, Parking Areas and playground
located on such Property; ;
"Council"
means the Council of the Summer Village;
D
"Deck"
means an unenclosed platform which is intended
for use as an outdoor amenity space and which
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 12
may be attached to or cantilevered from a
Building or free-standing and supported from
below and may have railings;
"Development"
means development as defined in the MGA and,
in addition, includes (1) relocating a Building from
one location to another location; (2) making a
material Grading Change on a Property in a
manner which is not done on a temporary basis
as part of a Development; (3) installing or
removing an under-ground holding tank or other
component forming part of a wastewater
collection system, (4) drilling, installing or
removing a water well or cistern or other
component forming part of a domestic water
supply system, and (5) placing or removing
earth, rocks, sand or other materials on a
Property in a manner which materially alters the
topography of a Property and which is not done
on a temporary basis as part of a Development;
"Development
Officer"
means the Development Officer described in
section 3.10.1 of this Bylaw;
"Discretionary Use"
means the use of a Property, Building, or other
Structure in a Land Use District for which a
Development Permit may be issued at the
discretion of the Development Authority with or
without conditions;
"Driveway"
means that rectangular shaped portion of a Lot
which is used by motor vehicles to access a
Principal Building or Garage located on such Lot
from a Road adjacent to such Lot;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 13
"Dwelling"
means any Building or other Structure used
primarily for human habitation including, without
limitation, Manufactured Homes and Modular
Homes but excluding Mobile Homes and
Recreational Vehicles;
E
"Easement
Adjoining User"
means, with respect to an Easement Parcel, (1)
those Easement Users who are authorized to use
and occupy the Easement Parcels located
immediately adjacent to and on either side of
such Easement Parcel, (2) those PUL Users (if
any) who are authorized to use and occupy the
PUL Parcels located immediately adjacent to and
on one side of such Easement Parcel, and (3)
those Road Allowance Users (if any) who are
authorized to use and occupy the Road
Allowance Parcels located immediately adjacent
to and on one side of such Easement Parcel;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 14
"Easement Lands"
means the lands (1) which are located in the
Summer Village, (2) which the EHA owns, and (3)
which are located between the shoreline of
Pigeon Lake and Lakeshore Drive;
"Easement Parcel"
means a portion of the Easement Lands which
one or more Easement Users are entitled to use
and occupy under a written easement
agreement granted by the EHA or its predecessor
in title;
"Easement User"
means, with respect to an Easement Parcel, the
one or more Persons who are authorized to use
and occupy such Easement Parcel under a
written easement agreement granted by the EHA
or its predecessor in title;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 15
"East Road
Allowance Lands"
means the portion of the municipal road
bounded on the southwest side by Pigeon Lake
and on the east side by Lakeshore Drive and
having the appearance of a continuation of
Lakeshore Drive;
"East Waterfront
Lots"
means the Lots which are legally described as
Plan 5423 KS Lots A and B and which are located
immediately to the east of the East Road
Allowance Lands;
"EHA"
means the Alberta society known as the
Sundance Beach Easement Holders Association;
"EHA Directors"
means the board of directors of the EHA, as
constituted from time to time;
"Engineer's Report"
means a written report (1) which is signed and
stamped by a duly licensed Alberta professional
engineer, (2) which is addressed to the
Development Authority, and (3) which provides a
written assessment of the applicable Property,
and, if applicable, the likely impact of the
proposed Development on such Property;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 16
F
"Fence"
means a vertical physical barrier on a Property
constructed to prevent visual intrusion, and/or
sound abatement, and/or unauthorized access;
"Floor Area"
means the total area of all floors (other than
basement floors) of all Buildings located on a Lot
or Parcel including, without limitation, all
Accessory Buildings located on the Lot or Parcel;
"Front Yard"
means that portion of a Yard extending across
the full width of the Lot from the front property
line of the Lot up to the front wall of the Principal
Building on the Lot;
G
"Garage"
means an Accessory Building which may or may
not be attached to the Principal Building and
which is designed and used primarily for the
storage of motor vehicles and watercraft;
"Grading Change"
means an alteration to the existing grade,
existing surface drainage pattern or topography
of a Lot or Parcel which is not done temporarily as
part of a Development and which can be caused
by the removal or the placement of trees, earth,
rocks, or other materials on a Lot or Parcel;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 17
"Guesthouse"
means an Accessory Building (1) which contains
sleeping accommodation, (2) which may contain
a bathroom, (3) which does not contain cooking
facilities, (4) which is not intended to be used as
a self-contained Dwelling, and (5) which is
intended to provide overflow accommodation for
the Principal Building located on the Lot, either as
a stand-alone Building, or a Loft;
H
"Hard Surfacing"
means asphalt, concrete, paving stone, or similar
material satisfactory to the Development
Authority that is used in the construction of a
Driveway, Parking Pad, Patio or stairs but does not
include gravel or granular materials;
"Home Business"
means the use of a residential Building or
Accessory Building to conduct a business that is
incidental or subordinate to the primary
residential function;
L
"Lakefront District"
means the Easement District (ED), Public Utility
District (PUL), and Road Allowance District (RA);
"Lakefront Parcel"
means one or more of an Easement Parcel, a PUL
Parcel or a Road Allowance Parcel;
"Landscaping"
means to change or modify the natural features
of a Lot or Parcel by adding lawns, trees, shrubs,
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 18
ornamental plantings, fencing, walks, driveways,
or other Structures and materials;
"Land Use District"
means one of the Land Use Districts established
in accordance with section 1.20.1 of this Bylaw;
"Loft"
means a Guesthouse unit which is located on the
second floor of a Garage, and which is intended
to provide overflow accommodation for the
Principal Building located on the Lot;
"Lot"
means a Property or a portion of a Property which
is located in the Residential District (R1A), the
Large Lot Residential District (R1B) or the
Community Districts (CD1 and CD2) and for which
a certificate of title has been issued by the Land
Titles Office (Alberta) and which, for greater
certainty, includes the East Waterfront Lots;
"Lot Adjoining Users"
means, with respect to a Lot, (1) those Owners of
the Lots located immediately adjacent to and on
either side of such Lot, and (2) those Owners of
Lots located immediately in front of, or behind,
such Lot, but, for greater certainty, excludes
Sundance Estates Residents;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 19
"Lot Coverage"
means the total horizontal area of all Buildings or
Structures on a Lot or Parcel which are located at
or higher than 1.8 metres (5.9 feet) above grade,
including Accessory Buildings or Structures,
calculated by perpendicular projection onto a
horizontal plane from one point located at an
infinite distance above all Buildings and
Structures on the Lot or Parcel. This definition
does not include (1) steps, eaves, cornices, and
similar projections; (2) driveways, aisles and
Parking Lots unless they are part of a Garage
which extends 1.0 metres (3.3 feet) or more above
grade; or (3) unenclosed inner and outer courts,
terraces, and Patios where these are less than 1.8
metres (5.9 feet) above grade;
M
"Manufactured
Home"
means a Building or Structure, whether ordinarily
equipped with wheels or not, (1) which is
constructed or manufactured in a manufacturing
facility certified to build homes to the CSA A277 or
CSA 2240 MH standards, (2) which is designed to
be moved from one point to another as a single
unit, and (3) which provides completely self-
contained, year-round residential
accommodation. For greater certainty, a
Manufactured Home includes a Mobile Home, but
does not include a Modular Home, or a
Recreational Vehicle;
"MGA"
means the Municipal Government Act, Revised
Statutes of Alberta, 2000, Chapter M-26;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 20
"Mobile Home"
Means a year-round, portable residential
Structure which (1) is constructed in one or more
parts on a permanent undercarriage or chassis,
(2) is specifically designed with the intent of
being easily transported from time to time from
one location to another location, and (3) is
designed to be occupied without being placed
on a permanent foundation;
"Modular Home"
means a Building or Structure which is
prefabricated or factory built in compliance with
the National Building Code (NBC) as adopted by
the Government of Alberta and applied via CSA
A277 Procedure for Certification of Prefabricated
Buildings, Modules and Panels, where the Building
or Structure will be located. The Building or
Structure may be assembled on the Lot or Parcel
in sections, but such sections shall not have
chassis, running gear, or wheels, and such
sections may be stacked side-by-side or
vertically. For greater certainty, a Modular Home
does not include a Manufactured Home, a Mobile
Home, or a Recreational Vehicle;
"MRSDR"
means the Matters Related to Subdivision and
Development Regulation, Alberta Regulation
84/2022, passed as a regulation under the MGA;
"Municipal Tag"
means a ticket issued by the Summer Village
pursuant to the MGA for a breach of the Summer
Village's bylaws;
N
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 21
"Non-Conforming
Structure"
means, with respect to any given date, a Structure which
was lawfully constructed under the Summer Village's
land use bylaw in effect immediately prior to such date
and which no longer complies with this Bylaw as at the
date that this Bylaw is in effect;
O
"Occupant"
means a Person, other than an Owner or a User,
(1) who is in possession or control of a Property, or
(2) who has the right to use or occupy a Property,
in each case whether under a lease, tenancy,
rental arrangement, easement, license, agency
arrangement or otherwise;
"Owner"
means the registered owner of a Property;
P
"Parcel"
means an Easement Parcel, a PUL Parcel or a
Road Allowance Parcel, as the case may be;
"Park"
means any public outdoor land used specifically
for passive or active recreation and includes all
natural and man-made Landscaping, facilities,
accesses, trails, preserved natural areas, and
Buildings;
"Parking Area"
means those portions of the Lot on which the
Community Centre is located and which are
used for the parking of motor vehicles;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 22
"Parking Pad"
means, if applicable, a hard surfaced area which
is located on a Lot and which is used for the
parking of motor vehicles;
"Parking Stall"
means that portion of a Parking Pad which is
used for the parking of motor vehicles and which
shall not exceed 5.5 metres (18 feet) in length and
2.4 metres (7.9 feet) in width;
"Patio"
means a hard unenclosed surface created by
laying cement, bricks, tiles, wooden decking, tiles
or blocks directly in or on the ground;
"Permitted Use"
means the use of a Property, Building, or other
Structure in a Land Use District for which a
Development Permit shall be issued by the
Development Authority with or without conditions
provided that such use complies with this Bylaw;
"Person"
means an individual and includes partnership,
corporation, trustee, executor, joint venture,
proprietorship, association, society and any other
legal entity;
"POPA"
means the Provincial Offences Procedure Act,
Revised Statutes of Alberta, 2000 Chapter P-34;
"Principal Building"
means a Building (1) which is the chief or
principal Building amongst all Buildings on a Lot
or Parcel, and (2) which exemplifies, because of
character or intended function, the primary use
of the Lot or Parcel upon which it is located;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 23
"Property"
means any land or real property which is located
in the Summer Village, and which is (1) privately
owned, (2) owned or controlled by the Summer
Village, or (3) owned by the EHA;
"PUL Adjoining User"
means, with respect to a PUL Parcel, (1) those PUL
Users (if any) who are authorized to use and
occupy the PUL Parcels located immediately
adjacent to and on either side of such PUL Parcel,
(2) those Easement Users (if any) who are
authorized to use and occupy the Easement
Parcels located immediately adjacent to and on
either side of such PUL Parcel, (3) those other PUL
Users (if any) who, as a group, are authorized to
use and occupy such PUL Parcel, and (4) those
Road Allowance Users (if any) who are authorized
to use and occupy the Road Allowance Parcels
located immediately adjacent to and on one side
of such PUL Parcel, but, for greater certainty,
excludes Sundance Estate Residents;
"PUL Parcel"
means a portion of the PUL Lands which one or
more PUL Users are entitled to use and occupy
under a written easement agreement, or a
written license agreement granted by the
Summer Village;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 24
"PUL Lands"
means the lands (1) which are designated as
public utility lots, (2) which are located in, and
owned by, the Summer Village, and (3) which are
located between the shoreline of Pigeon Lake and
Lakeshore Drive;
"PUL User"
means, with respect to a PUL Parcel, the one or
more Persons who are authorized to use and
occupy such PUL Parcel under a written
easement agreement or a written license
agreement granted by the Summer Village but,
for greater certainty excludes Sundance Estates
Residents;
R
"Rear Yard"
means that portion of a Yard extending across
the full width of the Lot from the rear property line
of the Lot up to the rear wall of the Principal
Building located on the Lot;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 25
"Recreational
Amenity"
means any Structure or equipment for either
active or passive recreation, excluding washroom
and changing facilities;
"Recreational
Vehicle"
means a mobile unit (1) which is designed to be
used as temporary living or sleeping
accommodation (whether or not it has been
modified to no longer be mobile or capable of
being mobile), and (2) which includes but is not
limited to holiday trailers, tent trailers, truck
campers, camper vans and motor homes. For
greater certainty, a Recreational Vehicle does not
include a Mobile Home;
"Retaining Wall"
means a vertical Structure which holds or retains
soil, gravel or other materials behind it and which
may also be used to prevent visual intrusion,
and/or sound abatement, and/or unauthorized
access;
"Remedy Order"
means an order issued in accordance with
Section 545 or 546 of the MGA;
"Right of Access"
means the right of the Development Officer or
any designated officer of the Summer Village to
enter on a Property to inspect such Property in
accordance with Section 542 of the MGA and
determine if there are conditions that may
contravene or fail to comply with this Bylaw;
"Roads"
means the roads located in the Summer Village
and known as Lakeshore Drive, Sunset Boulevard,
Willow Road, Poplar Road, Birch Road, Park Road,
Elm Road, Spruce Road, and Pine Road;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 26
Road Allowance
Adjoining User
means, (1) with respect to the West Road
Allowance Lands, (a) those Easement Users who
are authorized to use and occupy the Easement
Parcel located immediately to the east of the
West Road Allowance Lands and (b) those other
Road Allowance Users (if any) who, as a group,
are authorized to use and occupy the West Road
Allowance Lands, and (2) with respect to the East
Road Allowance Lands, (a) the Owners of the East
Waterfront Lots, (b) those Easement Users (if any)
who are authorized to use and occupy the
Easement Parcel located immediately to the west
of the East Road Allowance Lands, and (c) those
other Road Allowance Users (if any) who, as a
group, are authorized to use and occupy the East
Road Allowance Lands;
"Road Allowance
Parcel"
means that portion of the Road Allowance Lands
which the applicable Road Allowance Users are
entitled to use and occupy under a written
license agreement granted by the Summer
Village;
"Road Allowance
User"
means, with respect to a Road Allowance Parcel,
those Persons who are authorized to use and
occupy such Road Allowance Parcel pursuant to
a written license agreement granted by the
Summer Village;
S
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 27
"Shipping
Container"
means a shipping container which was originally
used to transport goods and which is currently
used for storage;
"Short Term Rental"
means an arrangement where Persons may rent
all, or part of a Property for 30 consecutive days
or less within a calendar year;
"Side Yard"
means that portion of a Yard extending along the
full depth of the Lot from the side property line of
the Lot up to the side wall of the Principal Building
located on the Lot;
"Single Detached
Dwelling"
means a Dwelling which consists of a Building
containing only one dwelling unit and supported
on a permanent foundation or basement and
which is separated from any other Building, or
Dwelling. Single Detached Dwellings do not
include Manufactured Homes, Mobile Homes,
Guesthouses, or Recreational Vehicles;
"Storage Building"
means a Building which is used for the storage of
miscellaneous items and which does not include
a Building to be used as a Dwelling, or a Garage;
"Structure"
means a Building, Deck, Patio, set of steps,
stairway, Retaining Wall, fire pit, planter and other
type of improvement located, constructed, to be
located, or to be constructed on a Property;
"Subdivision
Approval"
means an approval issued by the Subdivision
Authority under this Bylaw and approving a
Subdivision;
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 28
"Summer Village"
means the Summer Village of Sundance Beach;
"Sundance Estates
Residents"
means the residents of the subdivision known as
"Sundance Estates" and forming part of the
County of Leduc;
U
"User"
means a Person, other than an Owner or an
Occupant, who has the right to use or occupy a
Property, whether as a guest, relative or
otherwise;
V
"Violation Ticket"
means a ticket issued under Part 2 or Part 3, as
applicable, of the Provincial Offences Procedure
Act (POPA);
W
Part 2 -Definitions
Section 2.10 - Definitions
Summer Village of Sundance Beach Land Use Bylaw
Page 29
"West Road
Allowance Lands"
means the portion of the municipal road
bounded on the southwest side by Pigeon Lake
and on the north side by Lakeshore Drive and
having the appearance of a continuation of the
road known as First Street on the south side of
Lakeshore Drive;
Y
"Yard"
means that portion of a Lot upon or over which
no Principal Building is located.
Summer Village of Sundance Beach Land Use Bylaw
Page 30
Part 3
Administrative
Regulations
Part 3 - Administrative Regulations
Section 3.10 - Authorities and Communication
Summer Village of Sundance Beach Land Use Bylaw
Page 31
3.10
Authorities and Communication
1
Development Authority
1.1
The powers and duties of the Development Authority shall be as follows:
1.1.1
In all Land Use Districts, the administration of the Development approval
process shall be exercised and carried out by the Person appointed by
the Council as the Development Officer.
1.1.2
If no Person is appointed as the Development Officer, then the CAO shall
act as the Development Officer.
1.2
For ease of reference, the Development Authority may also be referred to as the
Development Officer.
1.3
The Development Authority shall:
1.3.1
receive, consider, and decide on all applications for Development Permits
in accordance with this Bylaw and the MGA;
1.3.2
ensure that the Development is carried out in accordance with the
Development Permit;
1.3.3
make available for inspection by members of the public:
(i)
a copy of this Bylaw, and
(ii)
a list of all applications for Development Permits and the
decisions rendered in connection with the applications;
1.3.4
ensure that this Bylaw is posted on the Summer Village's website and that
copies of this Bylaw can be purchased by the public at a reasonable
price; and
1.3.5
perform such additional duties as may be established by this Bylaw or by
the direction of Council to enforce this Bylaw in accordance with the MGA.
Part 3 - Administrative Regulations
Section 3.10 - Authorities and Communication
Summer Village of Sundance Beach Land Use Bylaw
Page 32
2
Subdivision Authority
2.1
The powers and duties of the Subdivision Authority and the administration of the
Subdivision Approval process shall be exercised and carried out by the Person
appointed by Council for that purpose. If no Person is appointed, then the CAO
shall act as the Subdivision Authority.
2.2
The Subdivision Authority shall:
2.2.1
receive, consider and decide on all applications for Subdivision Approval
in accordance with this Bylaw and the MGA;
2.2.2
perform such duties as are established for a Subdivision Authority from
time to time in accordance with the MGA and the Matters Related to
Subdivision and Development Regulation (MRSDR); and
2.2.3
perform such additional duties as may be established by this Bylaw or by
the direction of Council to enforce this Bylaw in accordance with the MGA.
3
Fines and Enforcement
3.1
A Person who contravenes any provision of this Bylaw or any condition of any
Development Permit or Subdivision Approval issued pursuant to this Bylaw is guilty
of an offence under this Bylaw.
3.2
The Development Officer or any designated officer of the Summer Village is
hereby authorized to enforce this Bylaw and to exercise any of the rights or
remedies available to the Summer Village, the Development Authority, or the
Subdivision Authority under the MGA.
3.3
Without limiting the generality of subsection 3.2 above, the Development Officer or
any designated officer of the Summer Village may:
3.3.1
exercise the Right of Access to enter any Property for the inspection of the
conditions that may contravene or fail to comply with the provisions of
this Bylaw; and/or
3.3.2
issue a warning notice to the Owner, Occupant or User of the Property in
question, advising of the condition and directing as to what conditions
are to be rectified within the time limit specified in the warning notice;
and/or
Part 3 - Administrative Regulations
Section 3.10 - Authorities and Communication
Summer Village of Sundance Beach Land Use Bylaw
Page 33
3.3.3
issue a Municipal Tag or a Violation Ticket to the Owner, Occupant or User
of the Property in question specifying the amount of the fine established
in accordance with subsection 3.6 below; and/or
3.3.4
issue a Remedy Order to the Owner, Occupant or User of the Property in
question and direct that the condition be remedied within the time limit
specified in the Remedy Order.
3.4
If any Owner, Occupant or User fails, neglects or refuses to remedy the condition
as directed by the Development Officer or any designated officer of the Summer
Village, then the Summer Village may cause the work to be performed to remedy
the condition and, with respect to the costs of such work:
3.4.1
recover such costs from the Owner, Occupant or User as a debt due to
the Summer Village; or
3.4.2
charge the costs against the Property in question as taxes due and owing
in respect of the Property and recover the costs as such.
3.5
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on which it
continues. A Person guilty of the offence is liable to a fine in an amount not less
than the amount established in accordance with subsection 3.6 below for each
separate offence.
3.6
Despite whether a Remedy Order has been issued under this Bylaw, any Person
who contravenes any provision of this Bylaw is guilty of an offence under this
Bylaw and liable for a fine not less than the amount established in this section and
not more than $10,000. The following fine amounts are established for use in
Municipal Tags and Violation Tickets (which offer a voluntary payment option):
3.6.1
$500 for any offence under this Bylaw; and
3.6.2
double the fine amount described above for any subsequent offence
(which means an offence committed by a Person within one year after
the Person has already been convicted of the same offence or has
voluntarily paid a fine for the same offence).
3.7
When a Municipal Tag is issued, the amount of the fine indicated therein may be
paid in accordance with the Municipal Tag in lieu of prosecution.
Part 3 - Administrative Regulations
Section 3.10 - Authorities and Communication
Summer Village of Sundance Beach Land Use Bylaw
Page 34
3.8
When a Violation Ticket is issued with a specified penalty, the amount of the fine
indicated therein may be paid in accordance with the Violation Ticket in lieu of
prosecution.
3.9
Nothing in this Bylaw shall preclude the Development Officer or any designated
officer of the Summer Village from issuing a Violation Ticket for a mandatory court
appearance to any Person who contravenes any provision of this Bylaw.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 35
3.20
Development Permits
1
Approvals Required
1.1
No Development shall be undertaken in the Summer Village unless:
1.1.1
an application for the proposed Development has been approved by the
Development Authority and a Development Permit has been issued;
1.1.2
The Development has been authorized by the SDAB, the LPRT, or the Court
of Appeal; or
1.1.3
the proposed Development does not require a Development Permit under
this Bylaw.
1.2
With respect to any given Land Use District, unless a Development in that Land Use
District is described in this Bylaw as not requiring a Development Permit, such
Development will require a Development Permit.
2
Development Permit Required
2.1
For greater certainty, except as specified in section 3 below, the following types of
Developments require a Development Permit:
2.1.1
relocating a Building from one location to another location;
2.1.2
a material Grading Change in a manner which is not done temporarily as
part of a Development. A Grading Change shall be deemed to be
material if it could reasonably be expected to affect the drainage pattern
on the Lot or Parcel or if it could have an adverse impact on the
neighbouring properties or roadways;
2.1.3
installing or removing an underground holding tank or other component
forming part of a wastewater collection system;
2.1.4
drilling, installing or removing a water well cistern or other component
forming part of a domestic water supply system;
2.1.5
construction, modification, repair, replacement, demolition or removal of
a Building or Structure
(i)
which is used or will be used as a utility, garden or storage shed,
(ii)
which is used or will be larger than 10.2 square metres (110.0
square feet), and
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 36
(iii)
which is used or will be located within the Rear Yard of the Lot;
2.1.6
construction, modification, repair, replacement, demolition or removal of
material amounts of shoreline protection including, without limitation,
rocks;
2.1.7
construction, modification, repair, replacement, demolition or removal of
a culvert or ditch;
2.1.8
creation of an excavation or a stockpile of materials which is not done
temporarily as part of a Development;
2.1.9
Landscaping;
2.1.10
except in the Residential District (R1A) and the Large Lot Residential
District (R1B), cutting or removal of healthy trees; and
2.1.11
change in use of a Building.
3
No Development Permit Required
3.1
The following Developments do not require a Development Permit:
3.1.1
completion of a Structure which was lawfully under construction at the
time that this Bylaw came into effect;
3.1.2
routine maintenance of, or routine repairs to, a Structure provided that
the work to be done does not constitute structural repairs or alterations;
3.1.3
routine maintenance of Landscaping including, without limitation, cutting
grass and trimming plants, shrubs and trees;
3.1.4
Landscaping of a minor nature made to, or removed from, a Property
such as but not limited to earth, rock, sand or other materials, and which
does not constitute a material Grading Change;
3.1.5
cutting or removal of a dangerous tree which is located on a Property
and which has fallen or is about to fall, and poses a threat to public
safety;
3.1.6
placement and use, on a temporary basis, of lawn chairs, benches,
tables, umbrellas, furniture, and other portable items on a portion of any
Parcel located in the Lakefront District by the authorized User of such
portion of such Parcel;
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 37
3.1.7
temporary storage of small watercraft, watercraft lifts, piers, pier sections,
pier stands and similar items on a portion of any Parcel located in the
Lakefront District by the authorized User of such portion of such Parcel
during off-season months;
3.1.8
minor Structures which are not more than 2.0 metres (6.6 feet) in height
and which are accessories to a residential use, such as a barbecue, bird
feeder, doghouse, or lawn sculpture; and
3.1.9
the following signs:
(i)
privately owned signs which are not illuminated and which have
a maximum area of 1.5 square metres (16.0 square feet);
(ii)
prohibitive signs such as "no trespassing" and "no hunting";
(iii)
signs on federal or provincial land;
(iv)
municipal or provincial directional and traffic control devices;
and
(v)
public signs necessary for the construction, operation, or
maintenance of a public utility.
4
Development Permit Application
4.1
The Development Authority may, with the approval of Council as evidenced by
resolution:
4.1.1
set any fees payable by the Applicant concerning any proposed
Development including, without limitation, an application fee for a
Development Permit in the manner prescribed by the applicable Summer
Village Bylaw; and
4.1.2
prescribe any forms to be completed by the Applicant concerning any
proposed Development including, without limitation, the application form
for a Development Permit.
4.2
An application for a Development Permit shall be made to the Development
Authority in writing on a standard form prescribed by the Development Authority.
4.3
In the case of a change of Use or structural alterations to a Building, the
Development Authority may require an inspection report, in form and substance
satisfactory to the Development Authority, setting out the condition of the Building,
the suitability of the Building for its intended use and the nature of any
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 38
improvements or repairs required to ensure that the Building meets the
requirements of this Bylaw.
4.4
If an application for a Development Permit has been refused (whether initially or
on appeal) and if, within 12 months following such refusal, another application for
a Development Permit is made by or on behalf of the same Applicant for the
same Property, then the Development Authority may refuse to accept such
application if the Development Authority believes that the circumstances
applicable to such application have not changed substantially.
5
Application for a Class A Development
5.1
A Development Permit Application for a Class A Development shall be
accompanied by those documents, fees and other information as may be
prescribed by the Development Authority including, without limitation, any of the
following:
5.1.1
an accurate, scaled site plan of the proposed Development drawn to
scale showing:
(i)
the location of all proposed and existing Buildings;
(ii)
vehicle access and parking, utility lines, gas lines, electricity lines,
water wells, water lines, sewer lines, septic tanks;
(iii)
any existing encroachments;
(iv)
the location and dimensions of all required setbacks;
(v)
the location of the high water mark of Pigeon Lake for all Lots or
Parcels fronting onto Lakeshore Drive or Pigeon Lake and Lots 1-4,
Block 2, Plan 4816HW fronting onto Front 1stStreet or Pigeon Lake. ;
(vi)
the calculations of Lot Coverage; and
(vii)
details regarding the Landscaping proposed for the Lot or Parcel
(may be provided in a separate landscape plan) showing the
existing vegetation and any vegetation which is proposed to be
removed or impacted.
5.1.2
a statement of existing and proposed principal use and a statement of
the ownership of the Property and interest of the Applicant therein;
5.1.3
the estimated commencement and completion dates;
5.1.4
the estimated cost of the project or contract price;
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 39
5.1.5
the required application fee;
5.1.6
if the proposed Development includes a new Building:
(i)
a real property report prepared by a qualified Alberta land
surveyor;
(ii)
floor plans and elevations and sections, showing cross sections
of foundations or footings, including all height and horizontal
dimensions and the location of exterior windows, doors and other
openings in the Buildings;
(iii)
any other improvements located and proposed to be located on
the Lot or Parcel; and
(iv)
a drawing or rendering of the finished Building.
5.1.7
if the proposed Development could reasonably be expected to cause a
material Grading Change, a grading and drainage plan stamped by a
licensed professional acceptable to the development officer:
(i)
showing the pre-Development grade and drainage of the Lot or
Parcel and the proposed post-Development grade and drainage
of the Lot or Parcel; and
(ii)
designed to prevent any adverse impact on neighbouring
Properties, roadways or Pigeon Lake.
5.1.8
If the proposed Development includes shoreline modifications or
activities such as stripping, grading, or landscaping, a grading and
drainage plan or landscape plan as per subsection 5.1.7 above.
5.1.9
If the proposed Development includes a hot tub:
(i)
proof of insurance liability; and
(ii)
proof that Alberta Building Code requirements have been
complied with.
5.1.10
If the proposed development includes a Retaining Wall greater than 1.0
metres (3.0 feet) in height or a series of Retaining Walls of any height, a
report prepared by a qualified, registered professional indicating that the
structural and geotechnical design of the Retaining Wall(s) is suitable for
the site, conditions and intended purpose of the Retaining Wall(s).
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 40
6
Application for a Class B Development
6.1
Without restricting the generality of the documents or information which may be
required by the Development Authority for a Development Permit Application for a
Class A Development, the Development Authority may require additional
information for a Class B Development Application including, without limitation:
6.1.1
a construction management plan prepared by a qualified professional
providing details about:
(i)
how the site will be managed during construction for the
preservation of natural vegetation and topsoil, for the protection
of roadways and infrastructure of the Summer Village, and
(ii)
the proposed management strategies for minimizing and
controlling erosion, mud and sediment-laden run-off;
6.1.2
an environmental review report prepared by a qualified professional
providing details about:
(i)
a description of the environmental sensitivity of the lands and
features;
(ii)
the nature of the impacts of land use activities on land, water,
wildlife and fish during construction and upon completion of the
Development;
(iii)
an environmental mitigation/protection strategy to alleviate any
adverse impacts.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 41
7
Development Permit Completeness
7.1
The Development Authority must, within 20 days after the receipt of an application
for a Development Permit, determine whether the application is complete.
7.2
An application for a Development Permit shall not be deemed complete until the
Development Authority has received all the information described in sections 5
and 6 above.
7.3
If an application is determined incomplete, the Development Authority shall
advise the Applicant of the outstanding documents and information to be
submitted within a specified timeframe to be considered a complete application.
After the outstanding documents and information are submitted and reviewed to
determine if the application is complete, the Development Authority shall send a
notice in writing and mailed or emailed to the Applicant confirming whether or not
the application is complete.
7.4
Failure to submit the outstanding documents and information within the
timeframe of the notice or a timeframe as agreed between the Applicant and the
Development Authority, may result in the application being deemed to be refused
and the Development Authority shall proceed to issue a notice of decision for
refusal with reasons.
8
Decisions on Development Permit Applications
8.1
When deciding on an application for a Development Permit:
8.1.1
In the case of a Class A Development without variances, the Development
Authority shall approve, with or without conditions, an application for a
Development Permit provided that the proposed Development complies
with the requirements of this Bylaw.
8.1.2
In the case of a Class A Development with variances or a Class B
Development with or without variances, the Development Authority:
(i)
may approve the application unconditionally, provided that the
proposed Development complies with the requirements of this
Bylaw; or
(ii)
may approve the application subject to conditions which are
imposed by the Development Authority, and which shall be
applicable permanently or for a limited time, as determined by
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 42
the Development Authority, provided that the proposed
Development complies with the requirements of this Bylaw; or
(iii)
may refuse the application.
8.2
The Development Authority shall refuse an application for a Development Permit
in circumstances where the use of the proposed Development is neither a
Permitted Use nor a Discretionary Use in the Land Use District in which the
proposed Development is to be located.
8.3
In the case of a Class A Development with variances or a Class B Development
with or without variances, the Development Authority shall:
8.3.1
give to the Applicable Adjoining Users, not less than 21 days prior written
notice of the proposed Development including a description of the non-
complying aspects of the proposed Development;
8.3.2
record any written objections to the proposed Development made by an
Applicable Adjoining User to the Development Authority before the
expiration of the 21-day notice period;
8.3.3
consider Applicable Adjoining Users' feedback when deciding to approve
or withhold approval of the application for the Development Permit; and
8.3.4
specify the nature of the approved variance in the Development Permit
approval.
8.4
In the case of a proposed Development within the Easement District (ED), the
Development Authority shall request input and comments from the EHA Directors
and shall not render a decision before receiving and considering such input and
comments;
8.5
The Development Authority may request an environmental review report from the
appropriate Provincial agencies for comment and recommendations before
approving or refusing an application for a Development Permit.
8.6
The Development Authority may use the recommendations of any technical
report as a basis for reasons to refuse or approve, with or without conditions, a
Development Permit.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 43
9
Development Permit Conditions
9.1
The conditions referred to in subsections 9.1.1 and 9.1.2. below may include any
conditions which the Development Authority considers appropriate including,
without limitation, any one or more of the following:
9.1.1
the Applicant must amend the application to conform to this Bylaw or
other bylaws of the Summer Village;
9.1.2
the Applicant must pay an off-site levy or redevelopment levy imposed in
accordance with a bylaw of the Summer Village;
9.1.3
the Applicant must enter into any agreement in accordance with the
MGA concerning the servicing of the Property;
9.1.4
the Applicant must register an easement to protect a utility line;
9.1.5
the Applicant must repair any improvements that may be damaged as a
result of the Development;
9.1.6
the Applicant must complete the Development within a specified period;
9.1.7
the Applicant must grade the Property to the satisfaction of the
Development Authority and provide a final grading certificate;
9.1.8
the Applicant must incorporate parking in the Development to meet the
requirements of this Bylaw or the regulations applicable to the Land Use
District in which the proposed Development is to be located;
9.1.9
the Applicant must provide a cash deposit, letter of credit or performance
bond to secure the Applicant's obligation to perform any of the
conditions imposed by the Development Authority;
9.1.10
the Applicant must provide to the Development Authority a real property
report prepared by a qualified Alberta land surveyor at the time that the
foundation or footings are complete, but before the framing has started;
and
9.1.11
the Applicant must comply with any other applicable Summer Village
Bylaws and Policies.
9.2
The Development Authority may register against the certificate of title to the
Property by way of caveat or otherwise notice of one or more of the conditions
imposed by the Development Authority and applicable to the Applicant's
application for a Development Permit.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 44
10
Limitation of Variance
10.1
The Development Authority may approve an application for a Development
Permit in circumstances where the proposed Development does not comply with
the requirements of this Bylaw provided that:
10.1.1
in the opinion of the Development Authority, the proposed Development
would not
(i)
unduly interfere with the amenities of the Summer Village, or
(ii)
materially interfere with or affect the Use, enjoyment or value of
the Properties adjacent to the Lot or Parcel on which the
proposed Development is to be located.
10.1.2
in the opinion of the Development Authority, the proposed Development
conforms with the Use prescribed by this Bylaw for the Property or the
Buildings on the Property; and
10.1.3
the Owners of the Properties located within 60.0 metres (196.9 feet) of the
Lot or Parcel have received by mail or email a written notice of the
proposed non-compliance and the Development Authority has waited for
at least 14 days following the communication of such notice to receive
and consider the input and comments from such Owners.
10.2
In applying the regulations outlined in this Bylaw, the Development Authority may
consider a variance of up to (but not more than) 2% of the maximum Building
height and 5% of quantitative development standards such as, but not limited to,
setbacks and lot coverage provided that the Development Authority is satisfied
that:
10.2.1
there are circumstances of unnecessary hardship or practical difficulties
peculiar to the Use, character, or situation of the Lot or Parcel or a
Building, which are not generally common to other Properties in the same
Land Use District; and
10.2.2
adequate mitigation measures will be used to reduce negative impacts
on any adjoining Properties.
10.3
Except as otherwise provided in this Bylaw, there shall be no variance to the
maximum number of Dwellings on a Lot or Parcel.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 45
10.4
A Development Permit application for an enlargement, alteration or addition to a
Non-Conforming Structure shall be deemed a Class B Development. The
Development Authority may approve the Development Permit if:
10.4.1
the enlargement, alteration or addition does not require a variance; and
10.4.2
the Non-Conforming Structure complies with the Uses prescribed for the
applicable Lot or Parcel in this Bylaw.
11
Notification of Development Permit Decisions
11.1
Upon deciding on an application for a Development Permit, the Development
Authority shall:
11.1.1
issue the decision in writing;
11.1.2
if applicable, include in the decision reasons for a refusal of the
application;
11.1.3
state in the decision that the Applicant or any Person affected by such
decision has the right to appeal such decision and set out reasonable
particulars of the appeal process;
11.1.4
mail or otherwise give a copy of the decision to the Applicant within 40
days following the making of such decision; and
11.1.5
post on the Summer Village's website a summary of relevant details of
the Development Permit, as determined by the Development Authority.
11.2
The decision of the Development Authority concerning an application for a
Development Permit shall be mailed, emailed, or otherwise provided to the
Applicant and to any other Person who has filed an interest in the application.
11.3
If the Development Authority fails to comply with subsection 11.1.4 above, then the
Development Authority shall be deemed to have refused the Applicant's
application for a Development Permit and the Applicant may appeal the deemed
decision of the Development Authority in accordance with subsection 14 below.
12
Validity and Cancellation of Development Permits
12.1
When the Development Authority has approved a Development Permit, the
Development Permit shall not be valid:
12.1.1
unless and until all conditions of approval (other than conditions of a
continuing nature) have been satisfied; and
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 46
12.1.2
until the statutory period for filing an appeal of the issuance of the
Development Permit has expired.
12.2
Upon the issuance of a Development Permit, it shall be the responsibility of the
Applicant to ensure that all contractors, subcontractors, suppliers and other
Persons who are working on, or providing services in connection with, the
Development are aware of, and comply with, all the conditions of, and the
requirements under, the Development Permit.
12.3
After the issuance of a Development Permit, the Development authorized by the
Development Permit shall be:
12.3.1
commenced within six months following such issuance unless, subject to
subsection 13 below, the Development Authority grants an extension of
such six-month deadline, and the Applicant complies with any conditions
applicable to such extension; and
12.3.2
completed within 18 months following such issuance unless the
Development Authority grants an extension of such 18-month deadline
and the Applicant complies with any conditions applicable to such
extension.
12.4
After the issuance of a Development Permit, a placard provided by the
Development Authority setting out the details of the Development Permit
(including, without limitation, any applicable variances) shall be posted in a
visible location near the entrance to the Property before any work commences
and such placard shall remain posted throughout construction.
12.5
The Development Authority may revoke a Development Permit in circumstances
where the Development Authority believes that the Development Permit was
obtained by misrepresentation or non-disclosure of material facts by the
Applicant. In such circumstances, the Applicant shall have the right to appeal
such revocation.
12.6
When an appeal of the issuance of a Development Permit or the imposition of one
or more conditions imposed by the Development Authority has been filed before
the expiration of the applicable statutory appeal period, the Development Permit
shall be suspended and deemed invalid pending the withdrawal of the appeal or
the final decision of the SDAB, the LPRT, or the Court of Appeal, as the case may be.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 47
13
Development Permit Time Extension
13.1
Upon request, the Development Authority may extend the date that the
Development must commence as specified in this Bylaw if:
13.1.1
the Development Permit is not for a change of Use;
13.1.2
the length of the extension is less than two years from the date on which
the Development must commence according to the applicable
Development Permit; and
13.1.3
the request is made in writing or on a form approved by the CAO.
13.2
The request for an extension may be granted before the date on which the
Development must commence according to the applicable Development Permit.
13.3
No more than one extension shall be granted for any Development Permit.
14
Appeals of Decisions of Development Authority
14.1
The SDAB and the LPRT are established to hear appeals to decisions of the
Development Authority in accordance with the MGA.
14.2
Any Person affected by any decision of the Development Authority shall have the
right to appeal such decision to the SDAB or the LPRT, as stated by the
Development Authority in its decision.
14.3
An appeal of a decision of the Development Authority shall be made following the
process and the requirements set out in the MGA.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 48
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 49
15
Subdivision Approval Application
15.1
No Subdivision shall be undertaken in the Summer Village unless an application
for Subdivision Approval has been approved by the Subdivision Authority.
15.2
An application for Subdivision Approval shall be made to the Subdivision Authority
in writing on a standard form prescribed by the Subdivision Authority. An
application for Subdivision Approval shall be accompanied by those documents,
fees and other information as may be prescribed by the MGA, the MRSDR and the
Subdivision Authority.
15.3
Upon receiving an application for Subdivision Approval, the Subdivision Authority
shall comply with the requirements set out in the MGA and the MRSDR with respect
to applications for Subdivision Approval.
15.4
The decision of the Subdivision Authority with respect to an application for
Subdivision Approval shall be given in writing and, in doing so, the Subdivision
Authority shall comply with the requirements set out in the MGA and the MRSDR
with respect to decisions of a Subdivision Authority.
16
Appeals of Decisions of Subdivision Authority
16.1
The SDAB and the LPRT are established to hear appeals of decisions of the
Subdivision Authority in accordance with the MGA.
16.2
Any Person affected by any decision of the Subdivision Authority shall have the
right to appeal such decision to the SDAB, LPRT, or the Court of Appeal as stated
by the Subdivision Authority in its decision.
16.3
An appeal of a decision of the Subdivision Authority shall be made following the
process and the requirements set out in the MGA.
Part 3 - Administrative Regulations
Section 3.20 - Development Permit Process
Summer Village of Sundance Beach Land Use Bylaw
Page 50
Part 3 - Administrative Regulations
Section 3.30 - Amending the Land Use Bylaw
Summer Village of Sundance Beach Land Use Bylaw
Page 51
3.30
Amending the Land Use Bylaw
1
Procedure for Amendments
1.1
Council or the CAO may, at any time, initiate the process for a proposed
amendment to this Bylaw, but before giving first reading to any proposed
amendment, it shall be referred to the Development Authority for comments and
recommendations.
1.2
Any Owner shall have the right to submit a request to Council to amend this
Bylaw.
1.3
A request to amend this Bylaw shall be made in writing or on a form approved by
the CAO.
1.4
An amendment to this Bylaw shall be made in accordance with the process and
the requirements set out in the MGA.
2
Resubmission Interval
2.1
Where an application for a proposed amendment to this Bylaw has been refused
by Council, another application for the same or substantially the same
amendment shall not be considered within 12 months of the date of the refusal
unless Council otherwise directs.
Part 3 - Administrative Regulations
Section 3.30 - Amending the Land Use Bylaw
Summer Village of Sundance Beach Land Use Bylaw
Page 52
Summer Village of Sundance Beach Land Use Bylaw
Page 53
Part 4
General Development
Regulations
Part 4 - General Development Regulations
Section 4.20 - Site Organization
Summer Village of Sundance Beach Land Use Bylaw
Page 54
4.10
Site Organization
1
Development Density
1.1
The maximum number of Buildings on a Lot located in the Residential District (R1A)
shall be:
1.1.1
One Principal Building; and
1.1.2
Two Accessory Buildings, one of which may be a Garage or a Guesthouse.
1.2
The maximum number of Buildings on a Lot located in the Large Residential
District (R1B) shall be:
1.2.1
One Principal Building; and
1.2.2
That number of Accessory Buildings as permitted by the R1B Lot Coverage
regulations set out in this Bylaw.
1.3
The maximum number of Buildings on a Lot located in the Community District
(CD2) shall be as permitted by the CD2 Lot Coverage regulations set out in this
Bylaw.
1.4
The maximum number of Buildings or Structures on a Lakefront Parcel (ED, PUL, RA)
shall be as Permitted by the Lot Coverage regulations set out in this Bylaw in each
respective Land Use District.
2
Driveways and Parking
2.1
The number of Driveways on a Lot in the Residential District (R1A) and the Large Lot
Residential District (R1B) shall be limited to
2.1.1
One Driveway on a Lot with less than 30.5 metres (100.0 feet) of frontage;
and
2.1.2
Two Driveways for Lots with more than 30.5 metres (100.0 feet) of
frontage.
2.2
A second Driveway may be permitted at the discretion of the Development
Authority on a corner Lot if the second Driveway shall not exceed 6.0 metres (20.0
feet) in width.
Part 4 - General Development Regulations
Section 4.20 - Site Organization
Summer Village of Sundance Beach Land Use Bylaw
Page 55
2.3
The width of Driveways shall not exceed 4.3 metres (14.0 feet) unless, in the
opinion of the Development Authority, additional width is required for public safety
or to effectively convey traffic between a Lot and the applicable Road.
2.4
The number of Parking Stalls and Parking Pads located on a Lot in the Residential
District (R1A) and the Large Lot Residential District (R1B) shall be restricted to the
number set out in the regulations applicable to those Land Use Districts.
2.5
No Driveways, Parking Pads or Parking Stalls shall be permitted on any Lakefront
Parcel.
2.6
Driveways and Parking Pad materials shall be permeable or semi-permeable,
such as gravel, paving stones, and pavers. The use of concrete and asphalt shall
be discouraged.
2.7
Any Driveway which crosses a ditch on a Lot shall be constructed with a culvert
which is satisfactory to the Development Authority, and which does not interfere
with the natural flow, drainage or absorption of water.
2.8
The Development Authority may require a swale on the Property to prevent
flooding of the adjacent Property.
3
Tree Removal
3.1
The removal of healthy trees in any Land Use District shall be discouraged.
3.2
The Development Authority may determine as a condition of a Development
Permit, that trees and planting features included in a landscape plan may be
removed in the future subject to a replacement planting which shall not need to
be planted in the same location from which the original planting was removed.
4
Landscaping Standards
4.1
Required Landscaping must be
4.1.1
installed within 12 months of occupancy of the Development, and
4.1.2
be maintained in a healthy condition from the date of installation until a
minimum of 36 months after the occupancy of the Development.
4.2
The area of the Lot or Parcel with vegetation coverage shall be a minimum of 35%
of the total area of the Lot or Parcel and may include:
4.2.1
new planting or existing vegetation that comprises native vegetation
(including trees and shrubs); or
Part 4 - General Development Regulations
Section 4.20 - Site Organization
Summer Village of Sundance Beach Land Use Bylaw
Page 56
4.2.2
other soft Landscaping elements, and permeable surfaces other than
vegetation (e.g., rock gardens, gravel, permeable pavement, etc.).
Part 4 -General Development Regulations
Section 4.30 - Structure and Site Performance
Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 57
4.20
Structure and Site Standards
1
Standards for Structures
1.1
Any Building or other Structure on a Lot or Parcel shall comply with all current
Alberta Building Code and all current safety codes and shall not otherwise
threaten public health or safety.
1.2
The building materials used to construct a Building or other Structure shall
conform to the following requirements:
1.2.1
materials shall not contain any toxic substances which could reasonably
be expected to leach into Pigeon Lake or any groundwater;
1.2.2
paving stones shall be permitted for Patios and fire pits so long as any
water run-off can drain between the individual stones or as long as the
requirements of subsection 1.2.3. below are met; and
1.2.3
non-permeable materials used for horizontal surfaces shall not be
permitted unless any water run-off from such surfaces is directed into a
filtration area such as a grassy area, a shrub bed, or a flower bed.
1.3
No Person shall erect, keep, or permit on any part of a Property in any Land Use
District any excavation, storage or piling up of building materials or supplies
required during the construction of a Development unless all necessary safety
measures are undertaken, and such condition does not continue longer than the
Development Authority considers necessary for completion of construction work
on the Property.
2
Accessory Structures
2.1
A Deck which is attached to a Building shall be deemed to form part of the
Building.
2.2
Any Building which does not share a foundation or footings with a Principal
Building shall be deemed to be an Accessory Building and shall not be deemed to
form part of the Principal Building even if the Buildings are attached by a roof,
breezeway, Deck, Patio or other at-grade or above-grade connection.
2.3
A Deck or Patio which does not exceed 0.3 metres (1.0 foot) in height in any part of
the Deck or Patio shall not be subject to the requirements described in the
Part 4 -General Development Regulations
Section 4.30 - Structure and Site Performance
Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 58
minimum setbacks subsections of the applicable Land Use District even though
the Deck or Patio is attached to the Principal Building.
2.4
Retaining Walls shall:
2.4.1
not disrupt overland drainage patterns established for the Lot or Parcel at
the time the Development Permit application was submitted and shall
not create adverse impacts on the neighbouring Properties;
2.4.2
maintain functional overland drainage on all portions of the Lot or Parcel;
2.4.3
not divert overland drainage onto adjacent Properties;
2.4.4
maintain a minimum horizontal separation of 1.0 metres (3.0 feet)
between Retaining Walls on a Lot or Parcel; and
2.4.5
be constructed with a guard or Fence on top of the Retaining Wall where
the elevation change exceeds 600 millimetres (23.6 inches), consistent
with the Alberta Building Code.
3
Privacy Screen
3.1
The Development Authority may require the Owner to construct or install a privacy
screen on a Deck or on other platform structures to provide a visual barrier and
mitigate the negative impacts of the Development on adjacent Properties or
public areas. Typical examples include lattices, trellises, parapet walls, wooden
boards, translucent glass, or any combination of these or similar features.
4
Encroachment
4.1
If a site plan submitted as part of a Development Permit application shows an
encroachment, the Development Authority shall, before proceeding with the
review:
4.1.1
require the Applicant to rectify the encroachment by removing the
encroaching Structure; or
4.1.2
submit an Encroachment Agreement to be signed by the Applicant and
the Owner of the affected Property.
4.2
The submission of an Encroachment Agreement shall not be interpreted as the
granting of a variance to the Applicant. The Development Authority shall render its
decision concerning the Encroachment based on compliance with all other
applicable regulations in this Bylaw.
Part 4 -General Development Regulations
Section 4.30 - Structure and Site Performance
Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 59
5
Permitted and Non-Permitted Structures
5.1
A Modular Home is a Permitted Use in the Residential District (R1A), the Large Lot
Residential District (R1B), the Community District (CD1) and the Community District
(CD2) but a Modular Home is neither a Permitted Use nor a Discretionary Use in
any other Land Use District.
5.2
A Manufactured Home is neither a Permitted Use nor a Discretionary Use in any
Land Use District.
5.3
A Shipping Container is a Discretionary Use in the Community District (CD1) and
Community District (CD2) but a Shipping Container is neither a Permitted Use nor
a Discretionary Use in any other Land Use District.
5.4
Subject to section 5.10.6 below, a Recreational Vehicle is a Permitted Use in the
Residential District (R1A) and the Large Lot Residential District (R1B) but a
Recreational Vehicle is neither a Permitted Use nor a Discretionary Use in any
other Land Use District.
Part 4 -General Development Regulations
Section 4.40 - Non-Conforming Buildings and
Structures
Summer Village of Sundance Beach Land Use Bylaw
Page 60
4.30
Non-Conforming Structures
1
Non-Conforming Structures on a Property
1.1
A Structure which is located on a Property in any Land Use District, and which is a
Non-Conforming Structure at the time that this Bylaw becomes effective shall be
permitted to remain provided that:
1.1.1
such Non-Conforming Structure complied with all building codes and
safety codes applicable to such Non-Conforming Structure at the time of
construction of such Non-Conforming Structure;
1.1.2
subject to subsections 1.1.3. and 1.1.4. below, such Non-Conforming
Structure is maintained in good condition and repair;
1.1.3
such Non-Conforming Structure is not enlarged, added to, rebuilt or
structurally altered except
(i)
to make such a Non-Conforming Structure conform with this
Bylaw;
(ii)
for routine maintenance of such Non-Conforming Structure if the
Development Authority considers such routine maintenance to
be necessary, or
(iii)
in accordance with minor variances approved by the
Development Authority.
1.1.4
if such Non-Conforming Structure is damaged or destroyed to the extent
of more than 75% of the value of such Non-Conforming Structure, then
such Non-Conforming Structure may not be repaired or rebuilt unless,
upon completion thereof, such Non-Conforming Structure conforms with
this Bylaw.
1.2
Permanently installed utilities which are located on a Property in any Land Use
District at the time that this Bylaw becomes effective shall be permitted to remain
provided that:
1.2.1
such utilities comply with all building codes and safety codes applicable
to such utilities at the time of installation of such utilities; and
1.2.2
such utilities are maintained in good condition and repair.
Part 4 -General Development Regulations
Section 4.40 - Non-Conforming Buildings and
Structures
Summer Village of Sundance Beach Land Use Bylaw
Page 61
1.3
Toxic materials which form part of a Structure located on a Property in any Land
Use District at the time that this Bylaw becomes effective shall be permitted to
remain provided that:
1.3.1
the toxic materials are not leaching into Pigeon Lake or any groundwater;
1.3.2
such Structure complied with all building codes and safety codes
applicable to such Structure at the time of construction of such Structure;
1.3.3
subject to subsection 1.4. below, such Structure is maintained in good
condition and repair; and
1.3.4
any toxic materials which are to be replaced as part of any repairs
described in subsection 1.3.3 above shall be replaced with non-toxic
materials.
1.4
If, at any time, the Development Authority becomes aware of the fact that any
Owner, Occupant or User of a Property is no longer in compliance with one or
more of the requirements set out in subsections 1.1., 1.2. or 1.3. above, as the case
may be, then:
1.4.1
the Development Authority may give written notice of such non-
compliance to such Owner, Occupant or User within 10 days following the
date that the Development Authority became aware of such non-
compliance;
1.4.2
in the case of a Non-Conforming Structure, within 45 days following the
end of the 10-day notice period, such Owner, Occupant or User shall
either:
(i)
remedy the non-compliance, or
(ii)
remove the Non-Conforming Structure from the Property;
1.4.3
in the case of permanently installed utilities, within 45 days following the
end of the 10-day notice period, such Owner, Occupant or User shall
either:
(i)
remedy the non-compliance, or
(ii)
remove such utilities from the Property;
1.4.4
in the case of toxic materials, within 45 days following the end of the 10-
day notice period, such Owner, Occupant or User shall either
(i)
remedy the non-compliance, or
Part 4 -General Development Regulations
Section 4.40 - Non-Conforming Buildings and
Structures
Summer Village of Sundance Beach Land Use Bylaw
Page 62
(iii)
remove the toxic materials from the Property;
1.4.5
no later than the end of the 45-day period described in subsections 1.4.2.,
1.4.3., or 1.4.4. above, as the case may be, such Owner, Occupant or User
shall provide to the Development Authority evidence, in form and
substance satisfactory to the Development Authority, that such Owner,
Occupant or User has satisfied the requirements set out in subsections
1.4.2., 1.4.3., or 1.4.4. above, as the case may be; and
1.4.6
if such Owner, Occupant or User fails to comply with subsection 1.4.5.
above, the Development Authority shall be entitled to exercise and
enforce one or more of the rights, powers and remedies available to the
Development Authority under the MGA including, without limitation,
sections 645 and 646 of the MGA.
Summer Village of Sundance Beach Land Use Bylaw
Page 63
Part 5
Land Use Districts
Part 5 - Land Use Districts
Section 5.10 -Regulations that Apply to All
Residential Districts (R1A, R1B)
Summer Village of Sundance Beach Land Use Bylaw
Page 64
5.10
Regulations that Apply to Residential
Districts (R1A and R1B)
1
Specific Regulations for the Residential Districts (R1A and
R1B)
1.1
Building facades facing a street must be constructed using two or more of the
following design techniques or features:
1.1.1
variations in rooflines;
1.1.2
vertical or horizontal building wall projection or recessions;
1.1.3
visual breaks of building facades into smaller sections;
1.1.4
features such as windows, balconies, or porches;
1.1.5
use of a combination of finishing materials; or
1.1.6
other similar techniques or features.
1.2
No electric or barbed wire Fence shall be allowed on a Lot.
1.3
With respect to the East Waterfront Lots, no trees or vegetation shall be cleared
from within 6.0 metres (20.0 feet) of the high water mark of Pigeon Lake except to
provide physical access to Pigeon Lake and only to a maximum width of 3.0
metres (10.0 feet), or where such trees or vegetation are diseased, dying or
endangering Structures on the Property or public safety.
2
Re-Subdivision of Lots
2.1
Re-subdivision of a Lot shall not be allowed in the Residential District (R1A).
2.2
In case of re-subdivision of a Lot through lot consolidation, the minimum area of
new residential Lots in the Residential District (R1B) shall be 696.7 square meters
(7,500.0 square feet).
Part 5 - Land Use Districts
Section 5.10 -Regulations that Apply to All
Residential Districts (R1A, R1B)
Summer Village of Sundance Beach Land Use Bylaw
Page 65
3
Accessory Buildings
3.1
An Accessory Building shall not be located in the Front Yard of a Lot and shall be
located between the Principal Building and the rear property line of the Lot.
3.2
The minimum Rear Setback for Accessory Buildings shall be as follows:
3.2.1
1.0 metre (3.3 feet) for one-storey Accessory Buildings, including Garages,
with the main overhead door facing the front or side Lot lines.
3.2.2
3.0 metres (10.0 feet) for all two-storey Accessory Buildings other than
Garages with the main overhead door facing the rear Lot line;
3.3
The minimum Side Setback for Accessory Buildings shall be as follows:
3.3.1
1.8 metres (5.9 feet) for two-storey Accessory Buildings
3.3.2
1.5 metres (4.9 feet) for one-storey Accessory Buildings
A
B
C
D
Part 5 - Land Use Districts
Section 5.10 -Regulations that Apply to All
Residential Districts (R1A, R1B)
Summer Village of Sundance Beach Land Use Bylaw
Page 66
3.4
An Accessory Building that contains sleeping accommodation shall be deemed to
be a Guesthouse.
3.5
A Guesthouse or Loft may be built on a second storey of a Garage which shall be
deemed a two-storey Accessory Building.
3.6
The maximum Floor Area of a Guesthouse shall be 55.0 square metres (592.0
square feet), excluding the stairway and landing Floor Area.
4
Building Height and Extensions
4.1
Height shall be measured between the highest point of the foundation or footings
and the highest point of the roof peak as follows:
4.1.1
8.5 metres (28.0 feet) maximum for Principal Building and Accessory
Building;
4.1.2
1.8 metres (6.0 feet) maximum for any Fence or other means of enclosure
unless, in the opinion of the Development Authority, a higher height is
reasonably required to ensure privacy.
4.2
The eaves, bay windows, chimneys and cantilevered extensions (beyond the
foundation or footings) of a Principal Building shall not encroach more than 0.6
metres (23.0 inches) into a setback.
F
E1
E2
Part 5 - Land Use Districts
Section 5.10 -Regulations that Apply to All
Residential Districts (R1A, R1B)
Summer Village of Sundance Beach Land Use Bylaw
Page 67
5
Relocation of Buildings
5.1
The relocation of a Building for which a Development Permit has been issued shall
constitute a Development and require the issuance of a Development Permit.
6
Recreational Vehicles
6.1
The maximum number of Recreational Vehicles that may be located on a Lot at
any given time shall be one.
6.2
A Recreational Vehicle located on a Lot for more than seven days shall constitute
a Development and shall require the issuance of a Development Permit.
6.3
Despite subsection 6.2 above, the CAO may waive the fees required for a
Development Permit application.
6.4
A Recreational Vehicle shall not be used as a permanent Dwelling.
6.5
The CAO may authorize a Recreational Vehicle to remain on a Lot for more than
seven days without the issuance of a Development Permit provided that:
6.5.1
they receive a written request for approval no later than two weeks
before the date that the Recreational Vehicle is to be moved onto the Lot;
6.5.2
are satisfied with the reason for the request for approval (e.g.: off-season
storage, etc.); and
6.5.3
they find the location of the Recreational Vehicle on the Lot to be
acceptable.
7
Home Business
7.1
A Home Business shall be construed as a Discretionary Use and shall conform to,
and comply with, any bylaws or policies of the Summer Village which are
applicable to a Home Business.
8
Short Term Rental
8.1
A Short Term Rental shall be construed as a Discretionary Use and shall conform
to, and comply with, any bylaws or policies of the Summer Village which are
applicable to a Short Term Rental.
Part 5 - Land Use Districts
Section 5.20 - Residential District (R1A) Land Uses
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 68
5.20
Residential District (R1A) Land Uses and
Development Standards
1
Uses and Structures
1.1
Permitted and Discretionary
Uses
Use
P/D
Existing Community Centre
and Associated Accessory
Buildings and Uses
-
Driveway
P
Garage
P
Home Business
D
Manufactured Home
-
Mobile Home
-
Modular Home
P
Parking
P
Park
-
Recreational Amenity
-
Recreational Vehicle
D
Storage Building
P
Single Detached Dwelling
P
Shipping Container
-
Short Term Rental
D
1.2
Permitted and Discretionary
Structures
Structure
P/D
Deck
P
Fence
P
Firepit
P
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and
Watercraft Lifts
P
Part 5 - Land Use Districts
Section 5.20 - Residential District (R1A) Land Uses
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 69
2
Development Standards
2.1
Lot Dimensions
2.1.1
Minimum Lot Area
696.7 square meters (7,500.0 square feet)
2.1.2
Minimum Lot Width
15.2 metres (50.0 feet)
2.1.3
Minimum Lot Depth
45.7 metres (150.0 feet)
G
H
I
Part 5 - Land Use Districts
Section 5.20 - Residential District (R1A) Land Uses
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 70
2.2
Minimum Setbacks
2.2.1
From the Front Lot Line
i.
8.0 metres (26.0 feet) to the Principal
Building
ii.
In the case of a corner Lot, 5.0
metres (17.0 feet) from the Principal
Building
2.2.2
From the Side Lot Line
i.
1.8 metres (5.9 feet) to the two-
storey Principal Building or 1.5 metres
(4.9 feet) to the one-storey Principal
Building
ii.
1.0 metre (3.3 feet) to the exterior
steps of the Principal Building
J
K1
K2
L
Part 5 - Land Use Districts
Section 5.20 - Residential District (R1A) Land Uses
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 71
2.2.3
From the Rear Lot Line
8.0 metres (26.0 feet) to the Principal
Building
2.3
Lot Coverage
2.3.1
The maximum combined Lot
Coverage of all Buildings on a
Lot shall be;
33%
2.3.2
The maximum Lot Coverage
of a Principal Building on a Lot
without Accessory Buildings
shall be;
33%
2.3.3
The maximum Lot Coverage
of Accessory Buildings on a
Lot shall be;
i.
10% for all Accessory
Buildings Combined
ii.
8% for Garages and
Guesthouses
Part 5 - Land Use Districts
Section 5.20 - Residential District (R1A) Land Uses
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 72
iii.
2% for any other Accessory
Buildings
2.4
Parking
2.4.1
The maximum number of Parking Pads on a Lot shall be one.
2.4.2
The maximum number of Parking Stalls on a Parking Pad shall be
two.
M
Part 5 - Land Use Districts
Section 5.30 - Large Lot Residential District (R1B)
Land Uses and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 73
5.30
Large Lot Residential District (R1B) Land
Uses and Development Standards
1
Uses and Structures
1.1
Permitted and Discretionary
Uses
Use
P/D
Existing Community Centre
and Associated Accessory
Buildings and Uses
-
Driveway
P
Garage
P
Home Business
D
Manufactured Home
-
Mobile Home
-
Modular Home
P
Parking
P
Park
-
Recreational Amenity
-
Recreational Vehicle
D
Storage Building
P
Single Detached Dwelling
P
Shipping Container
-
Short Term Rental
D
Permitted and Discretionary
Structures
Structure
P/D
Deck
P
Fence
P
Firepit
P
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and Watercraft
Lifts
P
Part 5 - Land Use Districts
Section 5.30 - Large Lot Residential District (R1B)
Land Uses and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 74
2
Development Standards
2.1
Lot Dimensions
2.1.1
Minimum Lot Area
1,858.0 square metres (20,000.0 square
feet)
2.1.2
Minimum Lot Width
30.5 metres (100.0 feet)
2.1.3
Minimum Lot Depth
60.9 metres (200.0 feet)
G
H
I
Part 5 - Land Use Districts
Section 5.30 - Large Lot Residential District (R1B)
Land Uses and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 75
2.2
Minimum Setbacks
2.2.1
From the Front Lot Line
8.0 metres (26.0 feet) to the Principal
Building
2.2.2
From the Side Lot Line
i.
2.4 metres (7.9 feet) to the Principal
Building
ii.
1.0 metre (3.3 feet) to the exterior
steps of the Principal Building
2.2.3
From the Rear Lot Line
8.0 metres (26.0 feet) to the Principal
Building
J
K1
K2
L
Part 5 - Land Use Districts
Section 5.30 - Large Lot Residential District (R1B)
Land Uses and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 76
2.3
Lot Coverage
2.3.1
The maximum combined
Lot Coverage of all
Buildings on a Lot shall be;
40%
2.3.2
The maximum Lot
Coverage of a Principal
Building on a Lot shall be;
30%
2.3.3
The maximum Lot
Coverage of Accessory
Buildings on a Lot shall be;
i.
10% for all Accessory Buildings
Combined
ii.
5% for Garages and Guesthouses
iii.
1% for any other Accessory Buildings
Part 5 - Land Use Districts
Section 5.30 - Large Lot Residential District (R1B)
Land Uses and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 77
2.4
Parking
2.4.1
The maximum number of Parking Pads on a Lot shall be one.
2.4.2
The maximum number of Parking Stalls on a Parking Pad shall be three.
M
Part 5 - Land Use Districts
Section 5.40 - Regulations that Apply to All
Lakefront Districts (ED, PUL, RA)
Summer Village of Sundance Beach Land Use Bylaw
Page 78
5.40
Regulations that Apply to Lakefront
Districts (ED, PUL, RA)
1
Specific Regulations for the Lakefront Districts (ED, PUL,
RA)
1.1
The Lakefront Parcels shall be designed and landscaped to minimize disturbance
to the natural environment and protect environmentally sensitive areas from
damage. In doing so:
1.1.1
building materials used to construct a Structure shall be environmentally
friendly;
1.1.2
Fences between Parcels, permanently installed utilities, including, without
limitation, natural gas, propane, water wells and wastewater holding
tanks shall be prohibited; and
1.1.3
low impact development (LID) technologies are encouraged.
1.2
No trees or vegetation shall be cleared from within 6.0 metres (20.0 feet) of the
high water mark of Pigeon Lake except to provide physical access to Pigeon Lake
and only to a maximum width of 3.0 metres (10.0 feet), or where such trees or
vegetation are diseased, dying or endangering Structures on the Property, or
public safety.
1.3
Decks and Patios shall not be allowed on top of Storage Buildings.
Part 5 - Land Use Districts
Section 5.50 - Easement District (ED) Land Use and
Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 79
5.50
Easement District (ED) Land Use and
Development Standards
1
Specific Regulations for the Easement District (ED)
1.1
Nothing in these regulations shall restrict, limit or adversely affect the power or
ability of the EHA to enforce or exercise its rights and powers under, any written
easement agreement for Easement Lands granted by the EHA or its predecessor
in title in favour of an Easement User or his/her predecessor in title.
1.2
If, with respect to a proposed Development on an ED Parcel, the written easement
agreement or the written license agreement applicable to such ED Parcel
contains or sets out one or more requirements, conditions, limitations or
prohibitions which apply to such proposed Development and which are more
restrictive than the requirements, conditions, limitations or prohibitions contained
or set out in these regulations, then the more restrictive requirements, conditions,
limitations or prohibitions contained or set out in such written easement
agreement or such written license agreement shall apply to such proposed
Development on such ED Parcel unless the Development Authority decides
otherwise.
Part 5 - Land Use Districts
Section 5.50 - Easement District (ED) Land Use and
Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 80
2
Uses and Structures
2.1
Permitted and Discretionary
Uses
Use
P/D
Existing Community
Centre and Associated
Accessory Buildings and
Uses
-
Driveway
-
Garage
-
Home Business
-
Manufactured Home
-
Mobile Home
-
Modular Home
-
Parking
-
Park
-
Recreational Amenity
-
Recreational Vehicle
-
Storage Building
P
Single Detached
Dwelling
-
Shipping Containers
-
Short Term Rental
-
2.2
Permitted and Discretionary
Structures
Structure
P/D
Deck
P
Fence
-
Firepit
P
Grading
D
Landscaping
D
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and Watercraft
Lifts
P
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 81
3
Development Standards
3.1
Minimum Setbacks
3.1.1
From the High Watermark of
Pigeon Lake
3.0 metres (10.0 feet)
3.1.2
From the side boundaries of
the Easement Parcel
0.9 metres (3.0 feet)
3.1.3
From the edge of the travelled
portion of Lakeshore Drive
i.
3.0 metres (10.0 feet) for Structures
other than the exceptions below
ii.
1.5 metres (5.0 feet) for Stairs,
Stairways, and Planters
N
O
P1
P2
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 82
3.2
Lot Coverage
3.2.1
Maximum Lot Coverage
for all Structures on an
Easement Parcel
40% of the total area of the Easement
Parcel
3.2.2
Minimum Lot Coverage
for trees and natural
vegetation on an
Easement Parcel
25% of the total area of the Easement
Parcel
Q
R
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 83
3.3
Additional Regulations for Specific Structures
3.3.1
For Storage Buildings:
i.
The height shall not exceed 1.5 metres
(5.0 feet) above the crown of Lakeshore
Drive
ii.
The total area shall not exceed 9.3
square metres (100.0 square feet)
3.3.2
Maximum excavated
depth below the existing
grade of any footing or
piling used to support a
Structure
i.
0.6 metres (2.0 feet) or, in the discretion
of the Development Authority, such
greater depth as is specified in an
Engineer's Report acceptable to the
Development Authority provided that
the increase in such depth shall not
exceed 2%
ii.
Screw piles and concrete pads shall
not be used to support a Structure
3.3.3
Maximum Height of a
Retaining Wall
1.5 metres (5.0 feet) or, in the discretion of
the Development Authority, such greater
height as is specified in an Engineer's
Report acceptable to the Development
Authority provided that the increase in
such height shall not exceed 2%
S
T
U
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 84
5.60
Public Utility District (PUL) Land Use and
Development Standards
1
Specific Regulations for the Public Utility District (PUL)
1.1
Nothing in these regulations shall restrict, limit, or adversely affect the power or
ability of the Summer Village to enforce or exercise its rights and powers under,
any written access easement agreement or written license agreement granted
by the Summer Village in favour of a PUL User or his/her predecessor in title.
1.2
If, with respect to a proposed Development on a PUL Parcel, the written easement
agreement or the written license agreement applicable to such PUL Parcel
contains or sets out one or more requirements, conditions, limitations or
prohibitions which apply to such proposed Development and which are more
restrictive than the requirements, conditions, limitations or prohibitions contained
or set out in these regulations, then the more restrictive requirements, conditions,
limitations or prohibitions contained or set out in such written easement
agreement or such written license agreement shall apply to such proposed
Development on such PUL Parcel unless the Development Authority decides
otherwise.
1.3
If more than one PUL User is authorized to use and occupy a PUL Parcel, then, with
respect to a proposed Development on such PUL Parcel:
1.3.1
all PUL Users of such PUL Parcel shall be Applicants for any Development
Permit applicable to such proposed Development;
1.3.2
all costs applicable to such proposed Development including, without
limitation, application fees, construction costs and ongoing maintenance
and repair costs shall be shared equally by all PUL Users;
1.3.3
the ownership, use and enjoyment of any Structures forming part of such
proposed Development shall be shared equally by all PUL Users; and
1.3.4
all of the liabilities, obligations and responsibilities applicable to or
associated with such proposed Development including, without
limitation, any Structures forming part of such proposed Development
shall be shared equally by all PUL Users;
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 85
unless the PUL Users agree otherwise in writing with respect to one or more of the
statements set out in subsections 1.3.1, 1.3.2, 1.3.3, or 1.3.4 above and such
agreement of the PUL Users is approved in writing by the Development Authority.
1.4
The decision of the Development Authority to:
1.4.1
give or withhold its approval of a proposed Development in accordance
with subsection 1.1 above;
1.4.2
apply one or more less restrictive requirements, conditions, limitations or
prohibitions to a proposed Development in accordance with subsection
1.2. above, or
1.4.3
approve a decision of the PUL Users not to adopt or agree to one or more
of the statements set out in subsections 1.3.1, 1.3.2, 1.3.3, or 1.3.4 above;
shall be within the sole and unfettered discretion of the Development Authority
provided that, in making its decision, the Development Authority shall take into
account the requirements set out in these regulations and any other matters
which are deemed relevant by the Development Authority including, without
limitation, the terms of any easement agreement, license agreement, restrictive
covenant or caveat registered against the title to the PUL Parcel which is the
subject of such proposed Development.
Part 5 - Land Use Districts
Section 5.60 - Public Utility District (PUL) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 86
2
Uses and Structures
2.1
Permitted and Discretionary
Uses
Use
P/D
Existing Community
Centre and Associated
Accessory Buildings
-
Driveway
-
Garage
-
Home Business
-
Manufactured Home
-
Mobile Home
-
Modular Home
-
Parking
-
Park
-
Recreational Amenity
-
Recreational Vehicle
-
Storage Building
P
Single Detached Dwelling
-
Shipping Containers
-
Short Term Rental
-
2.2
Permitted and Discretionary
Structures
Structure
P/D
Deck
P
Fence
-
Firepit
P
Grading
D
Landscaping
D
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and Watercraft
Lifts
P
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 87
3
Development Standards
3.1
Minimum Setbacks
3.1.1
From the High Watermark of
Pigeon Lake
3.0 metres (10.0 feet)
3.1.2
From the side boundaries of
the PUL Parcel
0.9 metres (3.0 feet)
3.1.3
From the edge of the travelled
portion of Lakeshore Drive
3.0 metres (10.0 feet)
N
O
P
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 88
3.2
Lot Coverage
3.2.1
Maximum Lot Coverage for
all Structures on a PUL Parcel
40% of the total area of the PUL Parcel
3.2.2
Minimum Lot Coverage for
trees and natural vegetation
on a PUL Parcel
25% of the total area of the PUL Parcel
Q
R
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 89
3.3
Additional Regulations for Specific Structures
3.3.1
For Storage Buildings:
i.
The height shall not exceed 1.5
metres (5.0 feet) above the crown
of Lakeshore Drive
ii.
The total area shall not exceed 9.2
square metres (100.0 square feet)
3.3.2
Maximum excavated depth
below the existing grade of
any footing or piling used to
support a Structure
i.
0.6 metres (2.0 feet) or, in the
discretion of the Development
Authority, such greater depth as is
specified in an Engineer's Report
acceptable to the Development
Authority provided that the increase
in such depth shall not exceed 2%
ii.
Screw piles and concrete pads shall
not be used to support a Structure
3.3.3
Maximum Height of a
Retaining Wall
1.5 metres (5.0 feet) or, in the discretion of
the Development Authority, such greater
height as is specified in an Engineer's
Report acceptable to the Development
Authority provided that the increase in
such height shall not exceed 2%
S
T
U
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 90
5.70
Road Allowance District (RA) Land Use
and Development Standards
1
Specific Regulations for the Road Allowance District (RA)
1.1
The Road Allowance District (RA) is made up of the East Road Allowance Lands
and the West Road Allowance Lands.
1.2
Nothing in these regulations shall restrict, limit, or adversely affect the power or
ability of the Summer Village to enforce or exercise its rights and powers under,
any written access easement agreement or written license agreement granted by
the Summer Village in favour of a Road Allowance User or his/her predecessor in
title.
1.3
If, with respect to a proposed Development on a Road Allowance Parcel, the
written easement agreement or the written license agreement applicable to such
Road Allowance Parcel contains or sets out one or more requirements, conditions,
limitations or prohibitions which apply to such proposed Development and which
are more restrictive than the requirements, conditions, limitations or prohibitions
contained or set out in these regulations, then the more restrictive requirements,
conditions, limitations or prohibitions contained or set out in such written access
easement agreement or such written license agreement shall apply to such
proposed Development on such Road Allowance Parcel unless the Development
Authority decides otherwise.
1.4
If more than one Road Allowance User is authorized to use and occupy a Road
Allowance Parcel, then, with respect to a proposed Development on such Road
Allowance Parcel:
1.4.1
all Road Allowance Users of such Road Allowance Parcel shall be
Applicants for any Development Permit applicable to such proposed
Development;
1.4.2
all costs applicable to such proposed Development including, without
limitation, application fees, construction costs and ongoing maintenance
and repair costs shall be shared equally by all Road Allowance Users;
1.4.3
the ownership, use and enjoyment of any Structures forming part of such
proposed Development shall be shared equally by all Road Allowance
Users; and
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 91
1.4.4
all liabilities, obligations, and responsibilities applicable to or associated
with such proposed Development including, without limitation, any
Structures forming part of such proposed Development shall be shared
equally by all the Road Allowance Users;
unless the Road Allowance Users agree otherwise in writing with respect to one or
more of the statements set out in subsections 1.4.1, 1.4.2, 1.4.3, or 1.4.4 above. and
such agreement of the Road Allowance Users is approved in writing by the
Development Authority.
1.5
The decision of the Development Authority to:
1.5.1
give or withhold its approval of a proposed Development in accordance
with subsection 1.2 above;
1.5.2
apply one or more less restrictive requirements, conditions, limitations or
prohibitions to a proposed Development in accordance with subsection
1.3 above, or
1.5.3
approve a decision of the Road Allowance Users not to adopt or agree to
one or more of the statements set out in subsection 1.4 above;
shall be within the sole and unfettered discretion of the Development Authority
provided that, in making its decision, the Development Authority shall take into
account the requirements set out in these regulations and any other matters
which are deemed relevant by the Development Authority including, without
limitation, the terms of any easement agreement, license agreement, restrictive
covenant or caveat registered against the title to the Road Allowance Parcel
which is the subject of such proposed Development.
Part 5 - Land Use Districts
Section 5.70 - Road Allowance District (RA)
Land Use and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 92
2
Uses and Structures
2.1
Permitted and Discretionary
Uses
Uses
P/D
Existing Community
Centre and Associated
Accessory Buildings
and Uses
-
Driveway
-
Garage
-
Home Business
-
Manufactured Home
-
Mobile Home
-
Modular Home
-
Parking
-
Park
-
Recreational Amenity
-
Recreational Vehicle
-
Storage Building
A
Single Detached
Dwelling
-
Shipping Containers
-
Short Term Rental
-
2.2
Permitted and Discretionary
Structures
Structures
P/D
Deck
P
Fence
P
Firepit
P
Grading
P
Landscaping
P
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and Watercraft
Lifts
P
Part 5 - Land Use Districts
Section 5.80 - Community District (CD1) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 93
3
Development Standards
3.1
Minimum Setbacks
3.1.1
From the High
Watermark of Pigeon
Lake
3.0 metres (10.0 feet)
3.1.2
From the side
boundaries of the
Road Allowance
Parcel
0.9 metres (3.0 feet)
3.1.3
From the edge of the
travelled portion of
Lakeshore Drive
3.0 metres (10.0 feet)
N
O
P
Part 5 - Land Use Districts
Section 5.80 - Community District (CD1) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 94
3.2
Lot Coverage
3.2.1
Maximum Lot
Coverage for all
Structures on a Road
Allowance Parcel
40% of the total area of the Road
Allowance Parcel
3.2.2
Minimum Lot
Coverage for trees
and natural
vegetation on a Road
Allowance Parcel
25% of the total area of the Road
Allowance Parcel
Q
R
Part 5 - Land Use Districts
Section 5.80 - Community District (CD1) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 95
3.3
Additional Regulations for Specific Structures
3.3.1
For Storage Buildings:
i.
The height shall not exceed 1.5
metres (5.0 feet) above the crown of
Lakeshore Drive
ii.
The total area shall not exceed 9.3
square metres (100.0 square feet)
3.3.2
Maximum excavated
depth below the existing
grade of any footing or
piling used to support a
Structure
i.
0.6 metres (2.0 feet) or, in the
discretion of the Development
Authority, such greater depth as is
specified in an Engineer's Report
acceptable to the Development
Authority provided that the increase
in such depth shall not exceed 2%
ii.
Screw piles and concrete pads shall
not be used to support a Structure
3.3.3
Maximum height of a
Retaining Wall
1.5 metres (5.0 feet) or, in the discretion of
the Development Authority, such greater
height as is specified in an Engineer's
Report acceptable to the Development
Authority provided that the increase in
such height shall not exceed 2%
S
U
Part 5 - Land Use Districts
Section 5.80 - Community District (CD1) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 96
5.80
Community District (CD1) Land Use and
Development Standards
1
Specific Regulations for the Community District (CD1)
1.1
The Community District (CD1) refers to the Lot legally described as Lot 5PUL, Plan
4816 HW & Lot P (Park Reserve), Block 9, Plan 2683 KS, 50 Lakeshore Drive, Mulhurst,
Alberta.
1.2
The Existing Community Centre and Associated Accessory Buildings and Uses
(including the Buildings, Structures, Garages, Accessory Buildings, Storage
Buildings, Patios, Parking Areas and the playground) forming part of the
Community Centre shall be permitted.
1.3
At the time of the adoption of this Bylaw, the improvements described in section
1.2 above shall be deemed conforming Uses and Structures.
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 97
5.90
Community District (CD2) Land Use and
Development Standards
1
Specific Regulations for the Community District (CD2)
1.1
The Community District (CD2) refers to the two vacant Lots legally described as
Lot 4R, Block 3, Plan 792 2255 & Lot 12R, Block 7, Plan 792 2255.
1.2
No outdoor parking, trash collection or outdoor storage areas shall be developed
within 3.0 m of any Lot line that Abuts a Residential District.
1.3
To minimize the perception of the massing of Buildings when viewed from
adjacent residential areas and roadways, two or more of the following design
techniques or features must be employed:
1.3.1
sloped roofs or variations in rooflines;
1.3.2
variations in building setbacks and articulation of Building façades.
1.3.3
vertical or horizontal building wall projection or recessions;
1.3.4
visual breaks of building facades into smaller sections;
1.3.5
use of a combination of finishing materials; or
1.3.6
other similar techniques or features.
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 98
2
Uses and Structures
2.1
Permitted and Discretionary
Uses
Use
P/D
Existing Community Centre
and Associated Accessory
Buildings and Uses
P
Driveway
P
Garage
P
Home Business
-
Manufactured Home
-
Mobile Home
-
Modular Home
D
Parking Areas
P
Park
P
Recreational Amenity
P
Recreational Vehicle
P
Storage Building
P
Single Detached Dwelling
-
Shipping Containers
D
Short Term Rental
-
2.2
Permitted and Discretionary
Structures
Structure
P/D
Deck
P
Fence
P
Firepit
P
Patio
P
Planter
P
Retaining Wall
P
Stairs
P
Storage of Piers, Docks,
Boat Lifts, and
Watercraft Lifts
P
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 99
3
Accessory Buildings
3.1
An Accessory Building shall not be located in the Front Yard of a Lot and shall be
located between the Principal Building and the rear Property line of the Lot.
3.2
An Accessory Building that contains sleeping accommodation shall be deemed to
be a Guesthouse and shall not be permitted.
3.3
The minimum Rear Setback for Garages shall be as follows:
3.3.1
1.0 metres (3.0 feet) if the main overhead door of the Garage faces the
front or side Lot line.
3.3.2
3.0 metres (10.0 feet) if the main overhead door of the Garage faces the
rear or side Lot Line;
A
B
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 100
4
Development Standards
4.1
Lot Dimensions
4.1.1
Minimum Lot Area
At the discretion of the
Development Authority in
consultation with the Subdivision
Authority.
4.1.2
Minimum Lot Width
At the discretion of the
Development Authority in
consultation with the Subdivision
Authority.
4.1.3
Minimum Lot Depth
At the discretion of the
Development Authority in
consultation with the Subdivision
Authority.
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 101
4.2
Minimum Setbacks
4.2.1
From the Front Lot Line
8.0 metres (26.0 feet) to the Principal
Building and Accessory Buildings
4.2.2
From the Side Lot Line
i.
2.4 metres (7.9 feet) to the Principal
Building
ii.
1.0 metre (3.3 feet) to the exterior steps
of the Principal Building
iii.
1.8 metres (5.9 feet) to two-storey
Accessory Buildings
iv.
1.5 metres (4.9 feet) to one-storey
Accessory Buildings
4.2.3
From the Rear Lot Line
8.0 metres (26.0 feet) to the Principal
Building and Accessory Buildings
J
K1
K2
K3
K4
L
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 102
4.3
Lot Coverage
4.3.1
The maximum combined Lot
Coverage of all Buildings on a
Lot shall be;
40%
4.3.2
The maximum Lot Coverage
of a Principal Building on a Lot
shall be;
30%
4.3.3
The maximum Lot Coverage
of Accessory Buildings on a
Lot shall be;
i.
10% for all Accessory Buildings Combined
ii.
5% for Garages and Guesthouses
iii.
1% for any other Accessory Buildings
Part 5 - Land Use Districts
Section 5.90 - Community District (CD2) Land Use
and Development Standards
Summer Village of Sundance Beach Land Use Bylaw
Page 103
4.4
Parking
4.4.1
The minimum number of off-street Parking Stalls provided on a Lot shall
be three.
M
Summer Village of Sundance Beach Land Use Bylaw
Page 104
Part 6
Master Use Table
Part 6 - Master Use Table
Section 6.10 - Master Use and Structure Table
Summer Village of Sundance Beach Land Use Bylaw
Page 105
6.10
Master Use and Structure Table
Permitted and Discretionary Uses
R1A
R1B
ED
PUL
RA
CD1
CD2
Existing Community Centre and Associated
Accessory Buildings and Uses
-
-
-
-
-
P
P
Driveway
P
P
-
-
-
P
P
Garage
P
P
-
-
-
P
P
Home Business
D
-
-
-
-
-
-
Manufactured Home
-
-
-
-
-
-
-
Mobile Home
-
-
-
-
-
-
-
Modular Home
P
P
-
-
-
D
D
Parking
P
P
-
-
-
P
P
Parks
-
-
-
-
-
P
P
Recreational Amenity
-
-
-
-
-
P
P
Recreational Vehicle
D
D
-
-
-
P
P
Storage Building
P
P
P
P
P
P
P
Single Detached Dwelling
P
P
-
-
-
-
-
Shipping Container
-
-
-
-
-
D
D
Short Term Rental
D
-
-
-
-
-
-
Permitted, Discretionary and
Allowable Structures
R1A
R1B
ED
PUL
RA
CD1
CD2
Structure
P
P
P
P
P
P
P
Deck
P
P
P
P
P
P
P
Fence
P
P
P
P
P
P
P
Firepit
P
P
D
D
P
P
P
Patio
P
P
D
D
P
P
P
Planter
P
P
P
P
P
P
P
Retaining Wall
P
P
P
P
P
P
P
Stairs
-
-
P
P
P
P
P
Storage of Piers, Docks, Boat
Lifts, and Watercraft Lifts
P
P
P
P
P
P
P