This is the exact embedded text of the captured official document.
Snapshot 63def8b774ca · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
SUMMER VILLAGE OF WAIPAROUS
LAND USE BYLAW
BYLAW NO. 157-23
December 2023
Appendix A
TABLE OF CONTENTS
PART ONE - PURPOSE AND AUTHORITY - p. 1
Section 1 -
Short Title
Section 2 -
Purpose
Section 3 -
Effective Date and Transition
Section 4 -
Applicability
Section 5 -
Bylaw Amendments
PART TWO - LAND USE DISTRICTS AND DISTRICT REGULATIONS - p. 4
Section 6 -
Residential (R-1) District
Section 7 -
Community Service (CS) District
PART THREE - GENERAL LAND USE REGULATIONS - p. 11
Section 8 -
Applicability and Potential Conflicts
Section 9 -
Architectural and Landscaping Controls
Section 10 - Exterior Lighting
Section 11 - Fences
Section 12 - Green Energy Infrastructure
Section 13 - Livestock and Domestic Animals
Section 14
Nuisance and Environmental Protection Standards
Section 15 - Parking Requirements
Section 16 - Potable Water
Section 17 - Projections into Setback Areas
Section 18 - Sanitary Sewage
Section 19 - Sight Line Triangles at Road Junctions
Section 20 - Signs, Other
Section 21 - Setbacks from Steep Slopes
Section 22 - Setback Requirements, Minor Deviations
Section 23 - Telecommunication Towers, Antennas and Facilities
Section 24 - Vehicle Approach (Access)
PART FOUR - DEVELOPMENT PERMITS, RULES AND PROCEDURES - p. 24
Section 25 - Development Not Requiring a Development Permit
Section 26 - Development Permit Application
Section 27 - Special Application Requirements for Moved-in Buildings
Section 28 - Special Application Requirements for Development in Proximity to a
Steep Slope
Section 29 - Notification of Complete Application
Section 30 - Decision by the Development Authority
Section 31 - Conditions Attached to a Notice of Decision
Section 32 Notifications Regarding the Development Decision
Section 33 - Effective Date of a Development Permit
Section 34 - Commencement and Completion of Development
Section 35 - Non-Conforming Buildings and Uses
PART FIVE - DEVELOPMENT CONTROL AUTHORITIES - p. 36
Section 36 - Establishment of the Development Authority
Section 37 - Powers of the Development Authority
Section 38 - Variance powers of the Development Authority
PART SIX - CONTRAVENTIONS, PENALTIES AND REMEDIES - p. 40
Section 39 - Enforcement
Section 40 - Right of Entry
Section 41 - Offences and Penalties
PART SEVEN - SUBDIVISION OF LAND - p. 43
Section 42 - Establishment of Subdivision Authority
Section 43 - Establishment of Subdivision Officer
Section 44 - Role of Subdivision Officer
Section 45 - Notice of Complete Application
Section 46 - Subdivision Authority's Responsibility
Section 47 - Subdivision Decision
PART EIGHT - DEVELOPMENT AND SUBDIVISION APPEALS - p. 47
Section 48 - Establishment of Subdivision and Development Appeal Board
Section 49 - Development Appeal Process
Section 50 - Subdivision Appeal Process
PART NINE - INTERPRETATION AND DEFINITIONS - p. 48
Section 51 - Interpretation
Section 52 - Interpreting the Land Use District Map
Section 53 - Definitions
SCHEDULE A - LAND USE DISTRICTS - p. 58
SCHEDULE B - DEVELOPMENT CONSTRAINTS - p. 59
Summer Village of Waiparous Land Use Bylaw 157-23
1 of 59
PART ONE - PURPOSE AND AUTHORITY
SECTION 1 - Short Title
1.
This Bylaw may be cited as "the Land Use Bylaw".
SECTION 2 - Purpose
1. This Land Use Bylaw is intended to be a tool that regulates land Development and
subdivision within the Summer Village to help build a community based on the
vision and policies of the Summer Village of Waiparous Municipal Development
Plan. The Land Use Bylaw's purpose is to prohibit or regulate and control the use
and Development of land and Buildings within the Municipality to achieve efficient,
orderly and economical use and Development of land.
2. More specifically and in accordance with the provisions of the Municipal
Government Act, amongst other things this Bylaw:
a) divides the Summer Village of Waiparous into Land Use Districts;
b) prescribes and regulates for each District the purpose for which land or
Buildings may be used, and the general design of sites and Buildings;
c) prescribes general regulations that apply to land use and Developments
within the Municipality regardless of Land Use District;
d) institutes the office of the Development Authority and describes the duties
and functions of that Authority;
e) establishes a method for making decisions on applications for Development
Permits including the issuing of said Permits;
f) institutes the office of the Subdivision Authority and describes the duties
and functions of that Authority;
g) establishes a method for making decisions on applications for subdivision of
properties;
h) outlines how appeals against Development and subdivision decisions may
be made;
i) prescribes notification procedures; and
j) sets out methods for addressing incidents of non-compliance with this
Bylaw.
Summer Village of Waiparous Land Use Bylaw 157-23
2 of 59
SECTION 3 - Effective Date and Transition
1. The effective date of this Bylaw shall be the date of third reading thereof.
2. Applications for Development Permits or subdivision that are received in their final
form and have been accepted as being complete, in writing, by the Development or
Subdivision Authority prior to the effective date of this Bylaw shall be processed in
accordance with the previous Land Use Bylaw and its amendments.
SECTION 4 - Applicability
1. This Bylaw shall apply to all lands contained within the corporate limits of the
Summer Village of Waiparous.
2. All future Development within the Municipality shall conform with this Bylaw unless
exempt under the Municipal Government Act.
3. No person shall commence any Development within the Summer Village unless the
Development is in accordance with the terms and conditions of a Development
Permit issued pursuant to this Bylaw where such Development Permit is required.
4. This Bylaw shall be interpreted and applied in a manner that is consistent with the
Summer Village of Waiparous Municipal Development Plan and any other Statutory
Plan adopted by the Municipality.
5. An application to amend this Bylaw, including changing the Land Use District
applicable to a property, shall be evaluated based on the Municipal Development
Plan and any other Statutory Plan adopted by the Municipality.
6. Compliance with this Bylaw does not exempt any person from compliance with any
other bylaw, policy or requirement of the Municipality.
7. The provisions of this Bylaw, when in conflict, shall take precedence over those of
other bylaws, policies or regulations of the Municipality, but not Statutory Plans.
8. If any provision of this Bylaw is held by a court of competent jurisdiction to be
invalid, all other provisions shall remain valid and enforceable.
9. Compliance with this Bylaw does not exempt any person from compliance with any
Federal or Provincial legislation, regulation, approval, licensing or permitting
requirement.
Summer Village of Waiparous Land Use Bylaw 157-23
3 of 59
SECTION 5 - Bylaw Amendments
1.
The Municipality may initiate amendments to this Bylaw.
2.
Any person may request an amendment to this Bylaw by applying in writing and
paying the amendment application fee set out in any applicable Summer Village of
Waiparous fee bylaw.
3.
The Land Use Bylaw amendment application shall clearly explain the change being
proposed, provide reasons for the proposed change, and identify the parcel(s) to be
included in the amendment proposal. Furthermore, the applicant shall provide
proof of ownership of land within the Municipality (e.g., a recent Certificate of
Title) or provide proof that they are working on behalf of a landowner within the
Municipality.
4.
Proposed amendments to this Bylaw shall be undertaken in accordance with the
MGA.
Summer Village of Waiparous Land Use Bylaw 157-23
4 of 59
PART TWO - LAND USE DISTRICTS AND
DISTRICT REGULATIONS
SECTION 6 - Residential (R1) District
1. Purpose and Intent
This district is intended to provide for the Development of Single Detached Dwellings
and Accessory Buildings on standard sized lots.
2. Permitted Uses
Home Occupations
Hot Tubs
Satellite Dish Antennas
Signs Allowed Under Section 25 (Permits Not Required)
Single Detached Dwellings
Solar Panels on Building Roofs and Walls
3. Discretionary Uses
Accessory Buildings
Ancillary Living Accommodations
Telecommunication Towers for Amateur/Hobby Use
Fences, Gates and Walls Higher Than Allowed Under Section 25 (Permits Not Required)
Green Energy Infrastructure
Public Utility Buildings and Installations
Swimming Pools
4. Minimum Parcel Size, Depth and Width for Subdivision Purposes
For subdivision purposes, the minimum lot size shall be 1,860.0 m2 (20,021.5 sq ft), the
minimum lot depth shall be 50.0 m (164.0 ft) and the minimum lot width shall be 30.0
m (98.4 ft). These subdivision minimums do not apply to nor shall restrict Development
on existing Parcels that may not meet this requirement.
Summer Village of Waiparous Land Use Bylaw 157-23
5 of 59
5. Building Setbacks, Height and Floor Area Requirements
The maximum and minimum requirements for density, Building Setbacks from
property lines, and Building Height shall apply in the R1 District:
Dwelling Density per Lot
Maximum
1 Dwelling Unit
Front Yard Setback
Minimum
3.0 m (9.8 ft)
Rear Yard Setbacks for:
Principal Building
Minimum
3.0 m (9.8 ft)
Accessory Building
Minimum
1.5 m (4.9 ft)
Ancillary Living Accommodation
Minimum
3.0 m (9.8 ft)
Side Yard Setback
Principal Building
Minimum
2.0 m (6.6 ft)
Accessory Building
Minimum
1.5 m (4.9 ft)
Ancillary Living Accommodation
Minimum
2.0 m (6.6 ft)
Setback of Buildings from Highway 40
Minimum
As required by Alberta
Transportation - see Subsection 6.6
Building Height for:
Principal Building
Maximum
10.0 m (32.8 ft)
Accessory Building
Maximum
6.0 m (19.7 ft)
Ancillary Living Accommodation
Maximum
6.0 m (19.7 ft)
6. Alberta Transportation Setback from Highway 40
When a Building or any associated Development is proposed within 300.0 m (984.3 ft)
of the Highway 40 right-of-way, the Highways Development and Protection Act, and the
Highways Development and Protection Regulation apply. Consequently, Alberta
Transportation determines the minimum setback distance from Highway 40. As set out
in the Regulation, a Roadside Development Permit issued by Alberta Transportation will
normally be required by the Province.
7. Minimum Yard Setback for Vehicle Garages in All Buildings
Where any Building contains a vehicle parking garage, the minimum setback from the
garage door(s) to the property line shall be 6.5 m (21.3 ft). Hence the applicable
minimum front, rear or side yard setback required in Section 6.5 above will be increased
Summer Village of Waiparous Land Use Bylaw 157-23
6 of 59
for this part of the Building. This is to allow enough space in front of the garage for
larger vehicles to be parked without extending out into the Municipal roadway.
8. Maximum Site Coverage
The total coverage of a residential lot by all Buildings, measured by total Building area
as seen from above on a Site plan, shall not exceed 25% of the site.
9. Floor Area Minimums and Maximums
The minimum interior floor area of a Single Detached Dwelling shall be 30.0 m2 (322.9
sq ft). For clarity, interior floor area includes all above-ground levels, including attached
garages, and excludes basements provided they are at least 75% below grade.
10. Illustration Showing Yards, Setbacks and Lot Lines for Interpretation Purposes
The illustration below provides an example of how to interpret lot lines, yards and
setbacks references and requirements.
Summer Village of Waiparous Land Use Bylaw 157-23
7 of 59
11. Ancillary Living Accommodation
Ancillary Living Accommodations may be developed on residential Sites in accordance
with the requirements of this Bylaw, including the following:
a) Ancillary Living Accommodation Buildings shall be of similar design,
construction and exterior finish as the Principal Building on the Site or, if
necessary due to the characteristics of an existing Principal Building, be
constructed to be more compliant with FireSmart construction design (see
Section 9);
b) the above requirement a) does not apply when an existing Building is being
converted into an Ancillary Living Accommodation Building and no
substantial changes are being made to that Building's exterior;
c) the Ancillary Living Accommodation shall provide an area for sleeping and
a washroom facility only, and there shall be no kitchen area or cooking
facilities;
d) the Ancillary Living Accommodation shall have a maximum floor area of
45.0 m2 (484.4 sq ft);
e) only one Building used for this purpose may be constructed on a Site, and
only when a Dwelling Unit exists on the Site; and
f) where Ancillary Living Accommodation is developed within an Accessory
Building, the Land Use Bylaw regulations (e.g., yard setbacks, construction
design, etc.) applicable to this mixed-use Building shall be those established
for Ancillary Living Accommodation Buildings, not Accessory Buildings.
12. Home Occupations
The following regulations shall apply to all Home Occupations:
a) shall be incidental and subordinate to the Principal Use of the site;
b) shall not interfere with the rights of other residents to quiet enjoyment of a
residential neighbourhood;
c) shall be restricted to the Dwelling Unit and Accessory Building;
d) shall not have any outside storage of material goods, inventory or equipment
on the site;
e) shall not create a nuisance by way of dust, noise, smell, electronic
interference, smoke or traffic generation;
Summer Village of Waiparous Land Use Bylaw 157-23
8 of 59
f) shall not have any employees except for the owners or occupants of the
property;
g) may offer occasional, 'one-off' instructional classes but not on a regular or
frequent basis;
h) may have one vehicle associated with the business parked on the property or
in the vicinity of the property at any time provided the vehicle has a Gross
Vehicle Weight (GVW) rating no greater than 4,500 kg (9,920 lbs);
i) shall not display any form of commercial signage related to the home
occupation on the property except on the one vehicle noted in h) above; and
j) shall not have the civic address indicating the location of the home
occupation contained in any public advertising medium including but not
limited to: websites, newspaper or magazine advertisements, radio messages,
posters and advertising flyers.
13. Garbage
Garbage kept on any property:
a) shall be kept in weatherproof and animal proof containers, and screened
from adjacent sites and public thoroughfares; and
b) shall be removed from the property regularly so that it does not become a
nuisance or reduce the amenities of the area.
SECTION 7 - Community Service (CS) District
1. Purpose and Intent
This district is intended to provide for public uses, services and Developments - such as
recreational parks and facilities, community Buildings, trails and natural areas, and
public roads and utilities - on land owned or under the control and management of the
Summer Village.
2. Permitted Uses
Community Buildings
Equipment Storage Buildings
Picnic and Seating Areas
Playground Structures
Public Roadways
Public Utilities
Recreational Areas
Summer Village of Waiparous Land Use Bylaw 157-23
9 of 59
Satellite Dish Antennas
Signs Allowed Under Section 25 (Permits Not Required)
Solar Panels on Building Roofs and Walls
Trails and Associated Structures
3. Discretionary Uses
Accessory Buildings
Telecommunication Towers, Antennas and Facilities
Fences, Gates and Walls Higher Than Allowed Under Section 25 (Permits Not Required)
Green Energy Infrastructure
Signs, Other
Sports Courts and Fields, and Related Facilities
4. Minimum Parcel Size
The minimum parcel size shall be at the discretion of the Subdivision Authority, which
shall give consideration to the anticipated future use of the proposed parcel.
5. Building Setbacks, Height and Floor Area Requirements
The maximum and minimum requirements for Building Setbacks from property lines,
and for Building Heights shall apply in the CS District:
Front Yard Setback
Minimum
3.0 m (9.8 ft)
Rear Yard Setback for:
Principal Building
Minimum
3.0 m (9.8 ft)
Accessory Building
Minimum
1.5 m (4.9 ft)
Side Yard Setback
Principal Building
Minimum
2.0 m (6.6 ft)
Accessory Building
Minimum
1.5 m (4.9 ft)
Setback of Buildings from Highway 40
Minimum
As required by Alberta
Transportation - see Subsection 7.6
Building Height for:
Principal Building
Maximum
10.0 m (32.8 ft)
Accessory Building
Maximum
6.0 m (19.7 ft)
Summer Village of Waiparous Land Use Bylaw 157-23
10 of 59
6. Alberta Transportation Setback from Highway 40
When a Building or any associated Development are proposed within 300.0 m (984.3 ft)
of the Highway 40 right-of-way, the Highways Development and Protection Act, and the
Highways Development and Protection Regulation apply. Consequently, Alberta
Transportation determines the minimum setback distance from Highway 40. As set out
in the Regulation, a Roadside Development Permit issued by Alberta Transportation will
normally be required by the Province.
7. Maximum Site Coverage
Maximum site coverage shall be at the discretion of the Development Authority.
Summer Village of Waiparous Land Use Bylaw 157-23
11 of 59
PART THREE - GENERAL LAND USE
REGULATIONS
SECTION 8 - Applicability and Potential Conflicts
1.
The following general regulations shall apply to all Developments within the
Municipality unless otherwise exempted in this Part.
2.
If any regulation in this Part Three conflicts with any regulation of a Land Use
District, the regulation in the Land Use District shall take precedence.
SECTION 9 - Architectural and Landscaping Controls
1. The Summer Village is located in a densely wooded area with steep terrain. In dry
periods, the risk of wildfire is high. Additionally, fire response manpower and
equipment will take considerable time to arrive in force, so even a building fire has
the potential to spread rapidly given the right conditions. Hence the need for
Summer Village landowners to undertake Development and manage vegetation in a
FireSmart manner is very important, and this section of the Bylaw is intended to
establish a minimum level of preventative regulation. Greater efforts to FireSmart
development beyond these minimums are encouraged.
2. Studies have shown that more complex roof designs with dormers and other height
variations create quiet air spaces which tend to 'attract' blowing embers in the event
of forest fires, and so simple roof designs are encouraged in the Summer Village.
3. Roofs on new Buildings shall be constructed of non-combustible or fire-retardant
materials with a minimum Class B fire rating. Use of wooden roof shingles is
prohibited.
4. Roofs on new Buildings shall have soffits or be otherwise screened with FireSmart
compliant material to reduce the opportunities for embers from forest fires to lodge
in the roof overhang area.
5. A Development Permit is not required for replacement of roofing material (e.g.,
shingles) on existing Buildings. However, given the susceptibility of roofs to ignition
from blowing embers in a wildfire event, homeowners are strongly encouraged to
use roofing material that has a Class A or B fire rating when existing roofing is
replaced. Similarly, FireSmart compliant soffit should be installed.
Summer Village of Waiparous Land Use Bylaw 157-23
12 of 59
6. All siding and fascia materials on new or retrofitted Buildings requiring a
Development Permit shall consist of fire-resistant materials as per the most recent
versions of "FireSmart - Protecting Your Community from Wildfire" (PIP, 2003) or
the "Wildland Urban Interface (WUI) Products" listing (CALFIRE, 2011), and that
siding material shall extend from ground level to the roofline.
7. The use of wood siding on Building exteriors is strongly discouraged. Where it is
used, it shall be treated with noncandescent paint or stain on a regular basis and
repainted as recommended by the manufacturer.
8. All new Patios that are raised above ground level shall have sheathing made of fire-
resistant materials extending from the patio's floor level to the ground in order to
prohibit the entry of sparks and embers under the structure.
9. All new Balconies and Decks on new or retrofitted Buildings shall be constructed of
fire-resistant materials as per the most recent versions of "FireSmart - Protecting
Your Community from Wildfire" (PIP, 2003) or the "Wildland Urban Interface
(WUI) Products" listing (CALFIRE, 2011).
10. All new Balconies and Decks with exposed undersides less then 2.0 m (6.6 ft) above
the ground shall have sheathing made of fire-resistant materials on the underside of
the Balcony or Deck to prevent ignition from sparks and embers that may land
under them.
11. All new Buildings with exposed undersides less than 2.0 m (6.6 ft) above the ground
shall have sheathing made of fire-resistant materials extending from the floor level
to the ground to prohibit the entry of sparks and embers under the structure. Small
cantilevers, such as bay windows, may alternatively have their undersides sheathed
with fire-resistant material.
12. All new Buildings, including their Balconies and Decks, with exposed undersides
higher than 2.0 m (6.6 ft) from ground level shall have a non-combustible surface
cover underneath them.
13. All new Buildings shall have a minimum 1.5 m (4.9 ft) area of non-combustible
landscaping materials, such as rock, gravel, asphalt, brick or concrete, adjacent to
the Building perimeter. Grass is also acceptable in this area but only if it is
frequently cut so as to maintain a maximum height of approximately 8.0 cm (3.2 in).
14. When new Buildings are developed, woody shrubs, trees or other similar plant
materials shall not be located within the 1.5 m (4.9 ft) distance established above.
15. Within 10.0 m (32.8 ft) of a Principal Building, it is strongly encouraged that all
trees and shrubs be fire-resistant species. These tend to be deciduous species.
Having trees and shrubs that are highly flammable, including spruce, pine, cedar
and juniper, should be avoided to reduce fire hazard and spread potential.
Summer Village of Waiparous Land Use Bylaw 157-23
13 of 59
16. Within 10.0 m (32.8 ft) of a Principal Building, any grass should be regularly cut so
that it is no higher than approximately 8.0 cm (3.2 in).
17. Property owners are encouraged to keep firewood storage away from Buildings to
reduce the potential for wildfire to ignite the storage piles and spread to the
Buildings.
18. Having fruit-bearing trees or shrubs of any type that may serve as a bear-attractant
is discouraged.
SECTION 10 - Exterior Lighting
1. The Summer Village supports International Dark-Sky Association lighting
principles, and all exterior lighting in the Municipality should be:
- useful and have a clear purpose, or otherwise avoided;
- targeted so that the light shines only where needed;
- controlled so that it is used only when needed; and
- 'warm' in terms of the Correlated Colour Temperature spectrum, avoiding
blue-violet light.
2. Exterior lighting fixtures (the housing that holds the bulb) shall be of full-cutoff
design so that the bulb is completely within the fixture, preventing light from
shining upwards.
3. Notwithstanding Subsection 2 above, lighting that is intended for safety or security
purposes and is connected to a motion sensor and timer so that it turns off
automatically after a relatively short period of time is allowed.
4. All exterior lighting shall have a downward angle of 45 degrees or more and shall not
shine onto adjacent properties.
5. The Correlated Colour Temperature of exterior lights should be less than 3,200
kelvins (i.e., warmer or more yellow in hue; a typical incandescent light is 2,600 -
2,700 Kelvins).
6. These requirements do not apply to construction sites or other temporary outdoor
activities that may require bright lighting during the 8:00 AM to 10:00 PM work
period (see Section 14.2), although attempts should still be made to minimize the
adverse effects of any such bright lighting on adjacent properties.
Summer Village of Waiparous Land Use Bylaw 157-23
14 of 59
SECTION 11 - Fences
1. Fences are exempt from yard setback requirements and may be built on or next to a
property line.
2. Fences may be a maximum of 1.6 m (5.2 ft) in height along the front Lot line, that
typically being the side of the Lot from which vehicle access is obtained.
3. Fences may be a maximum of 2.0 m (6.6 ft) in height along the side and rear Lot
lines.
4. A proposed fence that would be above any of the maximum heights referenced above
shall be considered a Discretionary Use, and its construction first requires a
Development Permit application that may be approved, approved with conditions or
refused.
5. Any fence that joins or is immediately proximate to a Building shall have the end
that joins or is proximate to the Building constructed of non-combustible material
for a distance of at least 1.5 m (4.9 ft) from the Building to reduce the potential for
fire spread from the fence to the Building.
6. No person shall construct a private fence on land owned by the Summer Village of
Waiparous, the Province of Alberta or any other party except with the written
permission of that landowner, and in such cases a Development Permit shall first be
obtained from the Summer Village. The Development Permit application shall be
treated as a Discretionary Use application.
7. Notwithstanding other regulations in this Section, a fence intended to prevent
wildlife passage may be erected around a garden areas without the need for a
Development Permit provided such wildlife fence is entirely within the Parcel, the
fence is at least 1.0 m (3.3 ft) back from all property lines, the fence uses woven or
mesh wire material such as Page wire or chain link, and the fence is no greater than
a maximum of 2.0 m (6.6 ft) in height.
8. The use of barbed wire or electrical fencing is prohibited within the Summer Village
except around the garden areas referenced in Section 11.7 above.
9. Fencing around pools shall be provided in accordance with the Alberta Building
Code requirements.
10. When a sports court or other recreational facility requiring a fence is approved, the
Development Authority shall determine the maximum height of the surrounding
fence, giving consideration to any adverse effect the fence may have on adjacent land
uses, property values and the amenities of the area.
Summer Village of Waiparous Land Use Bylaw 157-23
15 of 59
SECTION 12 - Green Energy Infrastructure
1.
Green Energy Infrastructure is encouraged, and Development Permit applications
for these will be viewed favourably by the Development Authority.
2.
When locating Green Energy Infrastructure on a property, care shall be taken not to
disturb the operation of any private sewage system.
3.
Ground-mounted solar panels may be approved provided they comply with the
maximum height and minimum yard setback distances for Accessory Buildings. In
such cases the maximum site coverage regulation for the District shall apply.
4.
Geothermal energy systems may be allowed. Any portion higher than 0.6 m (2.0 ft)
above grade must meet the maximum height and minimum yard setback
regulations for Accessory Buildings in the applicable District.
5.
Energy storage systems may be allowed depending on the type of storage and the
infrastructure that supports them. Electrical storage systems for Buildings use
various types of batteries and are gradually becoming more common. However,
they may pose a fire risk depending on the type. Thermal energy systems (both for
generation and storage) vary in type, nature and size, and are an evolving
component of green energy infrastructure. Therefore, the Development Authority is
hereby given broad discretion in dealing with electrical energy storage systems and
with any thermal energy generation or storage system applications. The approval
decision, and any conditions of approval, are to be based on seeking to expand
green energy use while minimizing any potential adverse effect on neighbouring
property values or community amenities. The Development Authority may consult
other experts in this regard, including the local fire department, given the risk of
fire associated with some energy storage systems. Recommended requirements for
energy storage systems with fire risks are:
a) they are to be installed only in Buildings or areas that are not usually lived in,
such as a garage;
b) if the installation room is unfinished, the walls and ceiling should be
protected by at least 16 mm (5/8 inch) gypsum board;
c) if located in a garage, they must be mounted or protected in such a way that
they cannot be accidentally damaged by a vehicle; and
d) signs or placards must be mounted near the energy storage system, the main
electrical panel, and the outdoor electrical meter to clearly identify that the
energy system is installed in the residence.
Summer Village of Waiparous Land Use Bylaw 157-23
16 of 59
SECTION 13 - Livestock and Domestic Animals
1. No person shall keep or permit to be kept on any Parcel:
a) animals, livestock or poultry with the exception of dogs, cats and such other
usual domestic pets as are generally kept indoors, providing always that
domestic pets are kept under the condition that they do not act as a nuisance
or reduce the amenities of the area; and
b) any pets or domestic animals on a commercial basis.
2. No person shall operate a Dog Kennel on any Parcel in the Summer Village.
SECTION 14 - Nuisance and Environmental Protection
Standards
1. Brush burning is only allowed if a permit has first been obtained from the Summer
Village.
2. Noise levels generated by Development-related construction activity shall be kept to
a minimal level from 10:00 PM to 8:00 AM to reduce adverse effects on neighbours
and the community.
3. No Development shall emit contaminants in excess of the standards prescribed by
the Province of Alberta pursuant to the Alberta Environmental Protection and
Enhancement Act and it regulations.
4. No Development shall discharge toxic or noxious materials:
a) across the boundaries of a Site;
b) through infiltration into the subsoil; or
c) into a water body or watercourse.
5. No person shall be allowed to keep or maintain on a Site:
a) an unregistered, derelict vehicle;
b) a commercial vehicle with a Gross Vehicle Weight Rating (GVWR) greater
than 4,500 kg (9,920 lbs) for longer than is reasonably necessary to load or
unload the vehicle;
c) a Recreational Camper or Tent for a period longer than fourteen (14) days
unless the said Recreational Camper or Tent is unoccupied, is owned by the
Summer Village of Waiparous Land Use Bylaw 157-23
17 of 59
resident of the property, and is being held in storage on the property, and in
such cases the maximum GVWR limit established above is not applicable; or
d) any object or chattel which, in the opinion of the Development Authority, is
unsightly or tends to adversely affect the amenities of the community or
property values, and for avoidance of doubt could include Recreational
Campers and light service utility trailers.
SECTION 15 - Parking Requirements
1.
Residential Developments shall have a minimum of three parking spaces provided
on the Site.
2.
Each parking space shall be a minimum of 6.0 m (19.7 ft) in length and 3.0 m (9.8
ft) in width, but parking spaces do not have to be defined in any way, nor gravelled
or paved.
3.
Residential parking spaces may be placed in one common area or separately on a
Parcel.
4.
For non-residential Developments the minimum parking requirements shall be
determined by the Development Authority based on the type of use and its
anticipated traffic volume. To assist in this regard, the Development Authority may
consult other municipal land uses bylaws.
SECTION 16 - Potable Water
1.
Potable water may be provided to a Building through use of an on-site water well, a
cistern or both.
2.
In the case of a water well, it must be drilled by an Alberta-certified well driller and
the well must be registered with Alberta Environment and Parks.
3.
A water cistern must be a minimum of 5.0 m (16.4 ft) back from a property line
regardless of a District's setback requirements to minimize any adverse effect on
adjacent properties in the event of leakage, and for installation and servicing
purposes. An exception to this requirement shall be made when the cistern is
completely within a Principal Building because that building will likely contain any
water leakage.
Summer Village of Waiparous Land Use Bylaw 157-23
18 of 59
SECTION 17 - Projections Into Setback Areas
1. Unless otherwise allowed in this Bylaw, Buildings must not be located in any setback
area.
2. Portions of a Building located above the surface of the ground may project into a
setback area only in accordance with the rules contained in this Part or in
accordance with a variation granted by the Development Authority in a
Development Permit.
3. Eaves, cornices, Balconies, unenclosed Decks, stairways, bay windows, fireplaces,
and window or door canopies may project into a front or rear yard setback by a
maximum of 1.5 m (4.9 ft), and into a side yard setback by a maximum of 0.6 m (2.0
ft).
4. Portions of a Building below the surface of the ground may extend without any limits
into a setback area provided the property owner can demonstrate to the
Development Authority that there is sufficient setback for construction and
maintenance purposes.
5. Patios and wheelchair ramps may project without any limits into a setback area.
SECTION 18 - Sanitary Sewage
1. The Summer Village and its residents are very reliant on the use of groundwater for
potable water. Hence protection of groundwater quality is important to the
community, and the Development Authority shall pay close attention to ensuring
that all sewage treatment systems are properly designed and constructed even
though the authorization of new private sewage treatment systems falls under the
Alberta Safety Codes Act and its regulations. Similarly, it is expected that
landowners and developers will also have high regard for the construction of proper
sewage treatment systems.
2. The sewage system for all new residential Development in the Summer Village shall
be compliant with the Alberta Private Sewage Standard of Practice 2021, or the most
current Provincial regulation.
3. The applicant for a Development Permit for a dwelling or any other Building
requiring a sewage treatment system shall provide evidence suitable to the
Development Authority as part of the Development Permit application that the Site
is capable of accommodating the selected private sewage system.
4. Where a Development Permit is being sought for redevelopment or expansion of an
existing dwelling or any other Building with a sewage system, the Development
Authority shall require proof that the existing private sewage system is in good
condition and sized properly to accommodate the Development. This may require
Summer Village of Waiparous Land Use Bylaw 157-23
19 of 59
proof from an engineer or other qualified person. If this proof requirement cannot
be met, the developer shall install a new sewage treatment system.
5. Where a holding tank is proposed, the Development Authority shall require the
installation of a high-level alarm in the holding tank.
SECTION 19 - Sight Line Triangles at Road Junctions
1. In order not to restrict visibility from vehicles and therefore create a safety hazard at
the junction of Public Roadways, no building, fence, tree, bush, other landscaping or
similar object that is greater than 1.0 m (3.3 ft) in height is allowed within the
triangle formed by a straight line drawn between two points on the built road
adjacent to the boundaries of a Corner Lot, those two points being 7.5 m (24.6 ft)
from the corner of the intersecting roads. For clarity, this corner triangle is
illustrated conceptually below.
2. Additionally, at the Development Authority's sole discretion, a tree or similarly
narrow vertical object may be allowed within the described sight line triangle
provided a viable line of sight for vehicle drivers remains available between the
height of 1.0 m (3.3 ft) and 3.0 m (9.8 ft); that is, there remains good visibility of the
road junction at the approximate sight line of drivers in vehicles of various types
despite the presence of the object.
Summer Village of Waiparous Land Use Bylaw 157-23
20 of 59
SECTION 20 - Signs, Other
1. Except for the type of Signs specifically exempted from the need for Development
Permits in Part Four, Section 25, all Signs that can be easily seen from adjoining
properties, including Public Roadways, require a Development Permit prior to
placement.
2. Any Sign requiring a Development Permit shall be of the smallest size necessary to
fulfill its function and shall not be lit from the exterior or interior unless such
lighting is needed to address safety concerns.
3. In considering approval of such Signs, the Development Authority shall use its best
judgement as to whether or not the Sign provides a community benefit, and the
likely effect of the Sign on property values and neighbourhood amenities.
4. Signs advertising goods or services to travellers on Highway 40 are prohibited.
SECTION 21 - Setbacks from Steep Slopes
1.
Many Parcels in the Summer Village have Slopes that exceed 15% over extended
distances or are located next to such Slopes. Schedule B may be used by applicants
and the Development Authority to help identify such properties.
2.
A minimum Principal Building setback of 20.0 m (65.6 ft) is required from the Top
or Toe of an Escarpment as defined in this Bylaw when the escarpment has a slope
greater than 15%.
3.
A reduced Principal Building setback from the Top or Toe of an Escarpment may be
considered when the Development Authority is satisfied by the submission of a
geotechnical report, prepared and stamped by a geotechnical engineer registered in
the Province of Alberta, that demonstrates that a lesser setback is warranted.
4.
Where the above-mentioned geotechnical report recommends special provisions to
Building design or construction, landscaping, water drainage or other things to
ensure the safe location the Building next to the escarpment, the Development
Authority may include those provisions as conditions of the Development Permit.
5.
Where the Development Permit has been issued pursuant to Section 21.4 above, the
Development Authority may require the applicant to enter into an agreement to
ensure that the Development is completed in accordance with approved
engineering and construction measures as may be referenced in the conditions of a
Development Permit.
Summer Village of Waiparous Land Use Bylaw 157-23
21 of 59
6.
In some cases, a property owner may not own the land containing the Escarpment
mentioned above and may not be able to obtain permission to secure the necessary
slope stability testing. In such cases the Development Authority may accept less
rigour in the slope stability assessment, but an opinion must still be provided by a
registered Alberta geotechnical engineer.
7.
In addition to the slope stability issues raised above, the fact that wildfires typically
travel uphill quickly is a safety concern in some parts of the Summer Village.
Consequently, even if the slope stability setback has been relaxed pursuant to
Section 21.3 above, all Principal and Accessory Buildings shall be set back a
minimum of 10 m (32.8 ft) from the Top of an Escarpment as defined in this Bylaw
when the escarpment has a slope greater than 15%. However, this top-of-slope fire
safety setback may be reduced by the Development Authority if it is satisfied that
the fire risk has been suitably reduced by stringent use of fire-resistant roofing (e.g.,
Class A), siding (e.g., stucco), and decking (e.g., non-combustible material) in
Building construction.
SECTION 22 - Setback Requirements - Minor Deviations
1. An existing Building that does not meet the minimum yard setbacks for the Land
Use District where it is located shall nonetheless be deemed compliant if it is within
0.3 m (1.0 ft) of the minimum front yard setback, 0.3 m (1.0 ft) of the minimum rear
yard setback, or 0.2 m (0.7 ft) of the minimum side yard setback.
SECTION 23 - Telecommunication Towers, Antennas and
Facilities
1. Industry Canada has the ultimate authority for the approval of telecommunications
facilities. In order to ensure that these developments address Municipal planning
issues, the following subsections describe what is required for the installation of
Telecommunications Towers, Antennas and Facilities. Moreover, the Summer
Village proposes that an applicant for a Telecommunication Tower, Antenna or
Facility follows the normal Development Permit application process to obtain the
community input and opinion required by Industry Canada. In this regard it is noted
that this process allows for an appeal, and thus consideration of the proposal by two
different Municipal bodies.
2. The Summer Village recognizes that telecommunication technology is changing
rapidly, including use of low earth orbit satellites, 5G cellular networks with the need
for more cellular sites with higher gain antennas, future 6G cellular networks, and
low power wide-area networks. Hence the regulations included in this Section
should be interpreted in a broad fashion, with the intention being to enable new
technologies while minimizing any adverse effects on the community.
Summer Village of Waiparous Land Use Bylaw 157-23
22 of 59
3. Telecommunication Towers and their associated facilities, such as an accessory
Building housing control equipment, shall be designed to meet the minimum
setback requirements of the Land Use District in which they are located.
4. Smaller Telecommunication Antennas - those with a 0.9 m (3.0 ft) or less diameter
if circular, or of similar area if a polygon - may be placed on Buildings or other
existing structures, such as electrical poles, when feasible. In such cases, the District
setbacks applicable to those Buildings or structures apply.
5. All Telecommunications Towers, Antennas and Facilities shall be designed to blend
in with the surrounding environment, except where prevented by aeronautical safety
requirements. When appropriate, the use of antenna structures that are designed to
look like trees (stealth towers) should be considered. Monopoles are also preferred
over lattice-type towers.
6. All buildings, structures and visible equipment accessory to Telecommunications
Towers, Antennas and Facilities shall be architecturally compatible with the
surrounding environment. Use of appropriate vegetation and screening is
encouraged.
7. For taller Telecommunication Towers (over 30 m high), the applicant shall
demonstrate that consideration has been given to minimize the risks to birds,
including but not limited to: keeping the tower height as low as possible to avoid
lighting requirements; placing daytime visual markers on any required guy wires;
and selecting lighting that has been shown to be less of an attractant to birds.
8. Telecommunications Towers, Antennas and Facilities are approved, the owners
should give consideration to providing the opportunity for qualified professionals to
undertake research on the site that may ultimately result in recommendations for
reducing adverse effects of telecommunication towers and facilities on birds and
other wildlife.
9. Telecommunications Towers, Antennas and Facilities shall be fenced as necessary to
the satisfaction of the Development Authority to prevent access to the base of the
tower or any other supporting structures.
10. The use of any portion of Telecommunications Towers, Antennas and Facilities for
erecting signs, other than signs for warning or equipment information, is prohibited.
11. Telecommunications Towers, Antennas and Facilities become obsolete, or damaged
and un-repaired, they shall be immediately removed, and the Development Site
reclaimed.
SECTION 24 - Vehicle Approach (Access)
1.
For the purposes of this Bylaw, the portion of a driveway that is in a Public
Roadway (i.e., the road right-of-way) and connects a Parcel to the public road
Summer Village of Waiparous Land Use Bylaw 157-23
23 of 59
constructed within the roadway is termed a vehicle approach. The vehicle approach
provides access to the Parcel from the road and is on land under the control and
management of the Summer Village. Such vehicle approaches are purpose-
constructed, usually with gravel or asphalt surfaces and including a culvert where
necessary, and do not include informal passageways over grassed areas.
2.
The Development Authority may require the installation or upgrade of the vehicle
approach to a Parcel when a Development Permit is issued.
3.
To determine whether or not an upgrade is needed, the Development Authority
may require preparation of a document or drawing to show details of the existing or
proposed vehicle approach as part of a Development Permit application.
4.
Given local variations in terrain and elevation, the vehicle approach to each Parcel
may be custom designed. However, the interest of the Summer Village is to seek the
following:
a) that there is no more than one vehicle approach per Parcel, although a second
approach may be allowed if deemed necessary by the Development Authority;
b) that the road approach is at least 7.5 m (24.6 ft) away from a road
intersection;
c) that the approach has a minimum driving surface width of 3.5 m (11.5 ft) and
a maximum driving surface width of 5.0 m (16.4 ft);
d) that the maximum grade (slope) of the approach is approximately 4.0 %;
e) that the approach is constructed so as to be more or less perpendicular to the
built road;
f) that the approach is constructed of material that is sufficiently compacted to
carry a fire truck or other emergency vehicle, and finished with gravel or
asphalt;
g) that the surface water drainage system used in the Public Roadway is
reflected in the vehicle approach, particularly by installation of a culvert of
suitable construction (depth, diameter, length, slope and depth of cover) if
there is a ditch deeper than 0.5 m (1.6 ft) along the side of the road that the
approach crosses;
h) that any culvert installed in a vehicle approach is no greater than 10.0 m
(32.8 ft) in length to facilitate maintenance; and
i) that the Public Roadway next to a newly constructed vehicle approach is
planted with grass so that it is returned to the same or better condition than
before construction within a year.
Summer Village of Waiparous Land Use Bylaw 157-23
24 of 59
PART FOUR - DEVELOPMENT PERMITS,
RULES AND PROCEDURES
SECTION 25 - Development Not Requiring a Development
Permit
1. The following Development shall not require a Development Permit providing all
other provisions of this Bylaw are met:
a) the carrying out of installation, maintenance or repair to any Building,
services and utilities (including water wells, power lines and private sewage
systems), private walkways, pathways, driveways, and decks less than 0.6 m
(2.0 ft) above the finished ground elevation provided that such works do not
include structural alterations to the Principal Building or major works of
renovation that will result in a change in the lot grade;
b) a temporary Building, the sole purpose of which is incidental to the erection
or alteration of a Building for which a Development Permit has been issued
under this Bylaw, but the Development Authority shall require written
confirmation of when the temporary facility is to be removed;
c) excavations, and importing, removal or stockpiling of soil associated with an
approved Development Permit or as otherwise exempted by this Section;
d) the construction of an Accessory Building having an external area no greater
than 10.0 m2 (107.6 sq ft);
e) the erection or construction of gates, fences, walls or other means of
enclosure that are no higher than the maximum fence heights established in
Section 11, and the maintenance, improvement and other alterations of any
existing gates, fences, walls or other means of enclosure that comply with
those maximum fence heights;
f) hot tubs situated in accordance with minimum yard setbacks;
g) landscaping, including construction of Patios and installation of other non-
vegetative landscaping, where the existing grade and natural surface drainage
pattern are not altered in a manner that would adversely affect adjoining
properties;
h) the installation, maintenance and repair of parks, public works and public
utilities carried out by or on behalf of federal, provincial and Municipal public
authorities on land which is publicly owned or controlled;
Summer Village of Waiparous Land Use Bylaw 157-23
25 of 59
i) the construction, widening, altering or maintaining of a road in a Public
Roadway;
j) the use of a Building or part thereof as a temporary polling station for a
federal, provincial or municipal election, referendum or plebiscite;
k) property identification Signs with names and/or numbers on private
property;
l) Signs required by the Summer Village that show the emergency response
identification number assigned to a Parcel;
m) real estate advertising Signs provided the Signs are no larger than 0.6 m2 (6.5
sq ft) in area, the tops of the Signs are no higher than 1.5 m (4.9 ft) above
grade, and the Signs are removed within 7 days following sale of the property;
n) political advertising Signs on private property provided the Signs are no
larger than 0.4 m2 (4.3 sq ft) in area, the tops of the Signs are no higher than
2.0 m (6.6 ft) above grade, and the Signs are in place only during the Election
Period and are removed within 72 hours after the close of polls;
o) political advertising Signs on Public Roadways directly in front of a private
residential property provided the Signs are compliant with the size and
timing requirements established in Subsection 25.1.n) above, and provided
the Signs are approved by the occupant or owner of that private property
(Note: for clarity, political advertising Signs shall not be placed on other CS
District land without a Development Permit);
p) road name Signs, trail name Signs and directional Signs placed on public
property by Council or administration;
q) temporary Signs placed on public property by Council or administration to
advertise a community event or safety concern, with the Signs to be removed
as soon as reasonably feasible after the event or safety concern is over;
r) Home Occupations;
s) Telecommunication Towers for Amateur/Hobby Use provided the tower or
antenna is no higher than the maximum height of a Principal Building in the
applicable Land Use District and meets the yard setback requirements for
Principal Buildings;
t) Satellite Dish Antennas with a diameter of 0.9 m (3.0 ft) or less, or of similar
area (approximately 0.6 m2 or 6.5 sq ft) if the antenna is not circular,
provided the antennas are attached to a Building; and
u) Solar Panels mounted on the roof or wall of a Building.
Summer Village of Waiparous Land Use Bylaw 157-23
26 of 59
SECTION 26 - Development Permit Application
1. Any person making an application for a Development Permit shall complete the
application form approved by Council and available on the Summer Village's website
or from the Municipality's administrative office.
2. The applicant shall pay the required Development Permit application fee as
established by Council in any applicable Summer Village of Waiparous fee bylaw,
and an application will not be processed until said fee has been paid in full.
3. The applicant shall also provide the financial security established in the applicable
Summer Village of Waiparous fee bylaw to ensure completion of the Development,
closure of all related paperwork, and recovery of any Municipal costs resulting from
damage to Municipal infrastructure during construction.
4. An application for a Development Permit shall be made to the Development Officer
using the prescribed application form, signed by the owner or agent and
accompanied by:
a) a Site plan drawn to an appropriate scale, and where required due to the large
size of the original material, one (1) copy of the Site plan reduced to a
standard page size (letter, legal or 11"x 17"), showing:
i.
north arrow and scale;
ii. legal description of the property and Municipal address if available;
iii. lot lines shown with dimensions;
iv. Site topography showing general grades and proposed storm water
drainage;
v. other significant topographic features including escarpments with a
Slope greater than 15% and any water courses;
vi. location of existing and proposed Buildings or structures, dimensioned
to property lines;
vii. Site coverage calculations;
viii.
location of existing and/or proposed on-site water well or cistern;
ix. location of existing and/or proposed private sewage system;
x. the distance between any water well and the private sewage system
(note that this must conform to Provincial requirements);
Summer Village of Waiparous Land Use Bylaw 157-23
27 of 59
xi. location of existing and proposed driveways, culverts and parking
areas; and
xii. location of existing and proposed Retaining Walls or other physical
features;
b) elevation drawings of each side of the Building including Building Height
measurements;
c) floor plans of each Building floor/level including the basement;
d) a description or visual representation of exterior finishing materials;
e) evidence from a qualified individual that the sewage treatment system will
meet the requirements of the most current version of the Alberta Private
Sewage Systems Standard of Practice given the Development proposal and
Site characteristics;
f) a landscaping plan accompanied by a written description of how the proposed
landscaping plan will achieve FireSmart vegetation management objectives;
g) if the Development will be within 300.0 m (984.2 ft) of the Highway 40 right-
of-way, written evidence from Alberta Transportation specifying the
minimum setback requirement from Highway 40 applicable to the subject
Development;
h) a Certificate of Title for the property obtained within thirty (30) days prior to
the date the Development Permit application;
i) if the applicant is an agent of the landowner, a letter from the landowner
verifying the agent's authority to make the application; and
j) the Development Permit application fee and security deposit as prescribed by
Council.
5. In addition to the above Development Permit application requirements, the
Development Authority may require any or all of the following:
a) a plan of survey prepared by a registered Alberta Land Surveyor;
b) a real property report prepared by a registered Alberta Land Surveyor;
c) an aerial photograph of the site;
d) a construction management plan;
e) an exterior lighting plan;
Summer Village of Waiparous Land Use Bylaw 157-23
28 of 59
f) a plan showing the location of garbage and storage areas, and the location
and design of any associated fencing or screening;
g) a Slope stability report prepared by a geotechnical engineer registered in the
Province of Alberta if any proposed Building is within 20.0 m (65.6 ft) of the
Top of an Escarpment or Toe of an Escarpment as defined in this Bylaw;
h) a road design and construction plan where there is no existing Municipal road
constructed in the Public Roadway adjacent to the front property line,
prepare by a professional engineer registered in the Province of Alberta;
i) a description with accompanying drawing of the existing vehicle approach to
the Parcel, with an assessment of whether or not it is compliant with the
existing road drainage (e.g., drainage ditch and culvert versus level grade),
and a description of its width and construction material (e.g., dirt, gravel or
paved), and whether or not it will be upgraded or otherwise altered (see also
Section 24, Vehicle Approach);
j) information regarding the characteristics and suitability of any existing
vehicle approach to the Site, including consideration of the ability of the
approach to accommodate storm water drainage in the Public Roadway,
prepared by a professional engineer registered in the Province of Alberta;
k) a storm water management plan prepared by a professional engineer
registered in the Province of Alberta;
l) a Site grading plan with contour lines drawn at no greater separation than 1.0
m (3.3 ft), showing finished elevations in relation to adjacent properties and
roadways, and the proposed grade at the corners of any proposed Building; or
m) other such information that may be required at the discretion of the
Development Authority.
SECTION 27 - Special Application Requirements for Moved-
in Buildings
1. Any person making application to move an existing Building onto a Lot as a
Principal or Accessory Building shall:
a) make the usual application for a Development Permit;
b) state the present location and use of the Building;
c) provide photographs of the Building showing each elevation and the general
condition of the Building; and
Summer Village of Waiparous Land Use Bylaw 157-23
29 of 59
d) provide a report prepared by a qualified individual describing the status of
the Building in terms of the current Alberta Building Code requirements and
an outline of what upgrades need to be undertaken in order to meet the
current Building Code requirements.
2. The Development Authority may, at its sole discretion, inspect the Building or cause
the Building to be inspected by a person it appoints in order to determine the
suitability of the Building for the proposed use.
3. The Development Authority may require that certain works of structural alterations,
repair or maintenance of the Building, or preparation of the proposed Site, be
carried out as a condition of the issue of the Development Permit.
4. The Development Authority may require that suitable financial security in favour of
the Municipality be posted to guarantee that any necessary upgrading of the
Building to meet the conditions of the Development Permit be completed in a timely
fashion. The financial security shall be released upon satisfactory completion of the
work but shall be forfeited or used by the Municipality to complete the work if said
work is not completed in accordance with the requirements of the Development
Permit. The details of this shall be established in a development agreement
registered on the title of the property onto which the Building is moved.
5. Any travel or other costs incurred by the Development Authority in processing a
Development Permit for a moved-in building, including preparation of a
development agreement, shall be paid to the Municipality by the applicant prior to
the security discussed above being released.
SECTION 28 - Special Application Requirements for
Development in Proximity to a Steep Slope
1. Schedule B of this Bylaw may be used by the applicant or Development Authority to
provide an indication of Slope locations and steepness. It is not a definitive
reference.
2. Where an applicant wishes to locate a Building or other structure within 20.0 m
(65.6 ft) from the Top or Toe of an Escarpment as defined in this Bylaw and the
escarpment has a Slope greater than 15%, the applicant shall provide a geotechnical
report, prepared and stamped by a geotechnical engineer registered in the Province
of Alberta, that demonstrates that a lesser setback is warranted.
3. If the engineer believes that the relaxation of the required 20.0 m (65.6 ft) setback is
only warranted if certain requirements are met, the geotechnical report must state
those requirements.
Summer Village of Waiparous Land Use Bylaw 157-23
30 of 59
4. Further to the above, if the setback relaxation requires special Building construction
solutions and those construction details extend beyond the geotechnical engineer's
expertise, the applicant should consult an Alberta-registered architect or structural
engineer when preparing the Development Permit application.
SECTION 29 - Notification of Complete Application
1.
Upon receipt of a Development Permit application, the Development Authority
shall determine if the application is complete within 20 days.
2.
An application is complete if, in the opinion of the Development Authority, the
application contains the documents and other information necessary to review the
application.
3.
In making this completion assessment, in addition to the items listed on the
Development Permit Application Form provided by the Municipality, the
Development Authority shall take into account the need for the application to
address any special concerns such as Site access where a Municipal road is not
already constructed, the Site's proximity to a Slope, the type of Building or use
proposed, whether or not a proposed Building is already constructed and is to be
moved onto the Site, and any other relevant planning matters.
4.
If the Development Authority determines that the application is incomplete, the
Development Authority shall issue to the applicant a written notice that the
information is incomplete and that any outstanding documents and information
shall be submitted by a date set out in the notice, or a later date agreed on between
the applicant and the Development Authority in order for the application to be
considered complete.
5.
Additional extensions may be granted if, in the opinion of the Development
Authority, there is adequate rationale to continue extending the application.
6.
If the applicant fails to submit all the outstanding information and documents on or
before the agreed upon date, the application is deemed to be refused.
7.
Upon request, the Development Authority may issue a notice in writing to the
applicant that their application is complete.
8.
If the Development Authority does not make a determination of completeness
within 20 days, the application is deemed to be complete.
9.
Despite that an application is deemed to be complete, the Development Authority
may request additional information or documentation from the applicant that the
Development Authority considers necessary to review the application.
Summer Village of Waiparous Land Use Bylaw 157-23
31 of 59
SECTION 30 - Decision by the Development Authority
1. The Development Authority shall make a decision on an application for a
Development Permit within 40 days after the determination of a complete
application.
2. The Development Authority may extend the 40-day time period to render a decision
by entering into an agreement in writing with the applicant.
3. The Development Authority shall circulate a Development Permit application to
Alberta Transportation if the proposed Development is within the Highway 40 right-
of-way or within 300 m (984.3 ft) beyond the limit of the Highway 40 right-of-way.
4. Pursuant to the Summer Village of Waiparous Municipal Development Plan, the
Development Authority will not normally circulate a Development Permit
application to the Municipal District of Bighorn but may choose to do so if it believes
input from the Municipal District may be warranted.
5. The Development Authority may refer an application to any other authority,
jurisdiction or party that the Development Authority deems appropriate or
necessary except the Summer Village Council or members of the Municipality's
Subdivision and Development Appeal Board. The Development Authority may
consider any timely responses to such referrals, but any comments received are not
binding upon the Development Authority.
6. If no decision is made after 40 days and no extension agreed upon, the application is
deemed refused.
7. When an application for a Development Permit is approved, the Development
Authority shall issue a Development Permit with or without conditions.
8. When an application for a Development Permit is refused, the Development
Authority shall provide reasons for the refusal.
9. Where a Development Permit application does not demonstrate that the proposed
Development conforms to all the applicable requirements of this Bylaw, the
Development Authority may, as a condition of issuing the Development Permit,
require that the applicant amend specific elements of the plans to conform with the
applicable requirements.
10. Where the Development Authority grants approval and issues a Development
Permit, that Permit shall not become valid until the expiry of the appeal period as
discussed below in Section 33.
Summer Village of Waiparous Land Use Bylaw 157-23
32 of 59
SECTION 31 - Conditions Attached to a Notice of Decision
1. Subject to the standards of the applicable Land Use District, other regulations in this
Bylaw, the provisions of any statutory plan, and the MGA and its regulations, in an
approval of a Development Permit for a Permitted or Discretionary Use or Building,
the Development Authority may impose any conditions it deems necessary,
including but not limited to the following:
a) that the developer make satisfactory arrangements for the supply of potable
water, a private sewer system, natural gas, electric power, telephone service,
internet service, vehicular access or any other utility or service or facility,
including payment of installation or construction costs by the developer;
b) the time within which a Development or any part of it is to be completed;
c) time limits respecting the duration that a Development Permit may continue
to be in effect;
d) the phasing of a Development;
e) Development and construction practices;
f) FireSmart construction and landscaping;
g) the size, location and orientation of a Building or other structure;
h) Lot grading;
i) the consolidation of Parcels;
j) measures for the mitigation of dust, vibrations, odour and noise;
k) water conservation measures, including the installation of low-flow
plumbing fixtures;
l) improvements to Municipal infrastructure such as roads, including
construction or improvement of vehicle access to the Site;
m) that the developer comply with any reports or studies prepared by a qualified
professional, including provision of proof that the developer has met the
recommendations of such reports or studies;
n) that any Development approval does not exempt the applicant or developer
from obtaining any necessary permits from other government departments
or agencies; and
o) any other condition to ensure compliance with this Bylaw, any statutory
plans, the MGA and its regulations affecting the land to be developed.
Summer Village of Waiparous Land Use Bylaw 157-23
33 of 59
2. The Development Authority may, as a condition of issuing a Development Permit for
a Permitted or Discretionary Use, require the applicant to enter into an agreement
with the Summer Village to do any of the following:
a) construct or pay for construction of a road required to give access to the
Development;
b) install or pay for the installation of electrical power or natural gas systems
that are necessary to serve the Development;
c) pay any off-site levy that has been adopted by the Summer Village in
accordance with the MGA; and
d) provide security to ensure that the terms of the development agreement are
carried out, and said security may amount to 125% of the estimated value of
performing or completing particular requirements of the Development Permit
or agreement.
3. The Summer Village may register a caveat against the Certificate of Title with respect
to a development agreement for a parcel that is the subject of a Development Permit,
and this caveat shall be discharged when the agreement has been complied with at
the request of the landowner or the landowners 'agent.
SECTION 32 - Notifications Regarding the Development
Decision
1. The decision of the Development Authority may take the form of an approval or a
refusal, and the means of notifying the applicant and other affected parties will differ
as result. In both cases the decision may be referred to as the notice of decision, but
in the case of a Development approval the notice also takes the form of a
Development Permit.
2. A decision of the Development Authority on an application for a Development
Permit must be in writing, specify the date on which the written decision was given,
and contain any other information required by the MGA's regulations. Further, it
must be given or sent to the applicant on the same day the written decision is given,
either by postal mail, by email or both.
3. When an application for a Development Permit has been approved for a Permitted
Use, the Development Permit shall state the limitations on the right of appeal of a
Permitted Use pursuant to the MGA. Additionally, the Development Permit shall
state the procedure for making any appeal and the date on which the appeal period
expires. This is required despite the limited ability to appeal a Permitted Use
because only the Subdivision and Development Appeal Board (not the Development
Authority or another administrative body) can determine whether or not an appeal
is valid.
Summer Village of Waiparous Land Use Bylaw 157-23
34 of 59
4. When an application for a Development Permit has been approved for a
Discretionary Use or a Permitted Use for which a variance has been granted, the
Development Permit shall state the procedure for making any appeal and the date
on which the appeal period expires.
5. When an application for a Development Permit has been refused, the Development
Authority shall provide the notice of decision to the applicant and said notice shall
provide the reasons for the refusal. The notice shall also state the procedure for any
appeal and the date on which the appeal period expires.
6. In addition to the notice sent to the applicant, when an application for a
Development Permit is approved, the Development Authority shall require the
applicant to immediately take the necessary steps to ensure that a notice of the
decision is conspicuously posted on the Development Site and such other location
within the Summer Village that the Development Authority, at its discretion, deems
advisable. All such notices shall be posted for at least twenty-one (21) days. They
may also be posted on the Municipality's website.
SECTION 33 - Effective Date of a Development Permit
1. When a Development Permit has been issued by the Development Authority, it shall
not become valid for a period of twenty-one (21) days after the notice of decision has
been issued in accordance with the notification procedure. This is to allow for the
possibility of an appeal.
2. When an appeal is made within the appeal period, a Development Permit which has
been approved shall not be valid until and unless the Permit is upheld, either in
whole or as varied, by the Subdivision and Development Appeal Board.
3. Except where a Development Permit has been approved for a limited period of time,
the Permit remains in effect unless the Development Permit is suspended or
cancelled, or Development has not commenced in accordance with Section 34.
SECTION 34 - Commencement and Completion of
Development
1. Unless otherwise specified in the Development Permit or in the conditions of
Development approval, if the Development authorized by a Development Permit is
not commenced and pursued within one (1) year from the effective date of the
Permit, and completed within two (2) years of the date of issue, such Development
Permit approval ceases and the Development Permit itself is deemed void, expired
and without effect unless an extension to this period has been granted by the
Development Authority.
Summer Village of Waiparous Land Use Bylaw 157-23
35 of 59
2. The period for the completion of construction may be extended at the discretion of
the Development Authority. If required, the applicant must seek said extension by
means of a written request to the Development Authority, the request to be received
not less than thirty (30) days prior to the scheduled expiration date.
3. Once commenced, a Development is not to be discontinued or suspended for a
period(s) totaling more than six (6) months unless, upon written request by the
applicant, the Development Authority has granted an extension in writing. If a
notification of extension has not been obtained, the Development Permit shall be
considered to have lapsed.
4. Once begun, the applicant shall not leave the Site or the Development in an
unsightly or unsafe condition.
5. For the purposes of this Bylaw, commencement of construction includes excavation
but does not include fencing the Site, posting signage, obtaining other permits or
demolition of existing structures.
6. The approval or issuance of a Development Permit does not authorize
commencement of construction except in conjunction with all other required
permits and conditions of the Development Permit.
SECTION 35 - Non-Conforming Buildings and Uses
1. Except where otherwise specified within this Bylaw, the regulation of non-
conforming uses and non-conforming Buildings shall be in accordance with the
MGA.
2. As authorized by the MGA, a non-conforming Building may continue to be used and
the Building may be enlarged, added to, rebuilt or structurally altered if, at the
determination and discretion of the Development Authority, the alterations do not
substantially increase the extent of non-conformance and meet all other
requirements of the Bylaw.
Summer Village of Waiparous Land Use Bylaw 157-23
36 of 59
PART FIVE - DEVELOPMENT CONTROL
AUTHORITIES
SECTION 36 - Establishment of the Development Authority
1. The Development Authority of the Summer Village of Waiparous is hereby
established.
2. A person properly authorized to fulfill the duties of the Development Authority as set
out in the Act and this Bylaw may also be called a development officer.
3. The Summer Village may contract an agency or person, or hire an employee that it
believes is sufficiently trained and competent to serve as the Development Authority.
4. Any such contracted agency, person or Municipal employee must be appointed to
the position of Development Authority by Council resolution.
5. In the absence of a contracted agency or person, or the hiring of a Municipal
employee to serve as Development Authority, the Chief Administrative Officer shall
be the Development Authority.
6. The Summer Village shall post the name, or names if more than one, and contact
information of the Development Authority on its website.
7. A person functioning as the Development Authority shall not serve in a supporting
position to the Subdivision and Development Appeal Board (such as filling the role
of the Board's secretary).
SECTION 37 - Powers of the Development Authority
1. The Development Authority:
a) shall receive and process all Development Permit applications;
b) as necessary, refer all Development Permit applications for comment from
other jurisdictions and agencies;
c) consider and decide upon all Development Permit applications in a manner
consistent with this Bylaw;
d) issue and sign all decisions regarding Development Permit applications,
including Development Permits;
Summer Village of Waiparous Land Use Bylaw 157-23
37 of 59
e) provide the necessary notifications to Development Permit applicants and to
other affected parties as required in this Bylaw;
f) perform such duties as established in this Bylaw or separately by Council to
enforce compliance with this Bylaw and the Act;
g) collect fees in accordance with this Bylaw and any applicable Summer Village
of Waiparous fee bylaw; and
h) ensure that a copy of this Bylaw, and all amendments to this Bylaw, are
available to the public through the Municipal website or, for a fee as may be
established by Council, by mail if requested in writing by an interested party.
2. The Development Authority shall approve all Development Permit applications for
Permitted Uses which conform in all respects to the provisions of this Bylaw. The
Development Authority may impose conditions to ensure compliance with this
Bylaw.
3. In making a decision on an application for a Discretionary Use, or for a Permitted
Use where a variance has been requested, the Development Authority may:
a) approve the application; or
b) approve the application subject to conditions considered appropriate or
necessary; or
c) refuse the application, stating reasons for the refusal.
4. When making a decision on a Development Permit for a Discretionary Use, or for a
Permitted Use where a variance has been requested, the Development Authority
shall consider:
a) any plans or policies affecting the Parcel, particularly the Municipal
Development Plan;
b) the location of the Site and the appropriateness of the proposed development;
c) the merits of the proposed Development and its compatibility with the
purpose statement of the applicable Land Use District;
d) the potential impact of the Development with respect to adjacent parcels;
e) servicing and access requirements; and
f) general planning principles.
Summer Village of Waiparous Land Use Bylaw 157-23
38 of 59
5. The Development Authority shall not approve a Development Permit for a use that is
not listed as a Permitted or Discretionary use in the relevant Land Use District.
6. The Development Authority may decide on an application for a Development Permit
even though the proposed Development does not comply with Land Use Bylaw or if
it is a non-conforming Building if, in the opinion of the Development Authority:
a) the proposed Development conforms with the uses prescribed for that land or
Building in the applicable Land Use District; and
b) the proposed Development would not unduly interfere with amenities of the
neighbourhood, or materially interfere with or negatively affect the use,
enjoyment or value of neighbouring parcels of land.
7. If the Development Authority becomes aware that a Development Permit has been
issued in error or contains errors within three (3) months of the Permit being issued,
the Development Authority shall consult with the applicant to try to resolve the issue
but may ultimately amend or revoke that Development Permit. When amending the
Development Permit, the Development Authority shall issue a revised Development
Permit. When revoking the Development Permit, the Development Authority shall
issue a notice of refusal and provide reasons. The applicant shall have the right to
appeal the revised Development Permit or notice of refusal to the Subdivision and
Development Appeal Board.
SECTION 38 - Variance Powers of the Development
Authority
1. The Development Authority shall not approve a Development Permit for a use that is
not listed as a Permitted or Discretionary Use in the Land Use District applicable to
a Site.
2. Notwithstanding the above restriction, the Development Authority may approve a
use that is not listed in a Land Use District if it believes the use is similar to and
compatible with the other uses listed in the Land Use District applicable to the Site.
Summer Village of Waiparous Land Use Bylaw 157-23
39 of 59
3. Where the Development Authority deems that a variance, or variances, will provide
a community benefit and that the proposed Development would not unduly interfere
with the amenities of the area or materially interfere with or adversely affect the use,
enjoyment, safety, aesthetics, or value of neighbouring properties, the Development
Authority may grant a variance, or variances, of up to ten percent (10%) to the
following regulations:
a) the maximum Building height;
b) the minimum front yard setback;
c) the minimum rear yard setback;
d) the minimum side yard setback; or
e) maximum Site coverage.
Summer Village of Waiparous Land Use Bylaw 157-23
40 of 59
PART SIX - CONTRAVENTIONS, PENALTIES
AND REMEDIES
SECTION 39 - Enforcement
1. Where a Development Authority finds that a Development or use of land or Building
is not in accordance with the MGA or the MGA's regulations, or a Development
Permit or this Bylaw, the Development Authority may issue an order in writing to:
a) the registered landowner; or
b) the person in possession of the land or Buildings; or
c) the person responsible for the contravention; or
d) all or any of them to:
i.
stop the Development or use of the land or Building in whole or in part
as directed by the notice; or
ii. demolish, remove or replace the Development; or
iii. take such other measures as are specified in the order so that the
Development or use of the land or Buildings is in accordance with the
MGA, the MGA's regulations, a Development Permit or this Bylaw, as
the case may be, within the time specified by the order.
2. A person who receives such an order may appeal to the Subdivision and
Development Appeal Board.
3. Where a person fails or refuses to comply with an order directed to them, the
Municipality may, in accordance with the MGA, enter upon the land or Building and
take such action as is necessary to carry out the order.
4. Where the Municipality carries out an order, the Municipality may cause the costs
and expenses incurred in carrying out the order to be placed on the tax roll, and that
amount shall be collected in the same manner as taxes on land.
5. Where reasonable evidence has been presented to the Development Authority that a
Development Permit has been obtained through misrepresentation, or the
Development Authority becomes aware of such misrepresentation on its own, the
Development Authority may suspend or cancel the Development Permit and shall
give written notification of such suspension or cancellation to the applicant.
Summer Village of Waiparous Land Use Bylaw 157-23
41 of 59
SECTION 40 - Right of Entry
1. Pursuant to the Act, an authorized person may only enter land or a Building for the
purpose of ensuring compliance with the MGA and the regulations thereunder, or
this Bylaw, if:
a) the owner or person in possession of it gives his consent to the entry; or
b) the entry is authorized by an order of the Court of King's Bench; and
c) only for the purpose of ensuring compliance with the Act and the regulations
thereunder, or this Bylaw.
2. The Development Authority, or such other person appointed by resolution of
Council, is hereby designated as an" authorized person" for this purpose.
SECTION 41 - Offences and Penalties
1. The authority regarding offences and penalties of this Bylaw are governed by the
MGA and the Provincial Offences Procedure Act.
2. A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any
person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw, allowing for payment of the penalty in lieu
of prosecution for the offence.
3. A Violation Tag may be issued to such person personally or by mailing a copy to such
person at their last known address.
4. Where contravention of this Bylaw is of a continuing nature, further Violation Tags
or a Violation Ticket may be issued by a Peace Officer, provided that no more than
one Violation Tag or Ticket is issued for each calendar day that the contravention
continues.
5. Where a person is found guilty of an offence under this Bylaw, the Court may, in
addition to any other penalty imposed, order the person to comply with the MGA,
the MGA's regulations, the Land Use Bylaw, an order issued under the MGA or this
Bylaw, a Development Permit, or a condition attached to a Development Approval,
as the case may be.
6. A Peace Officer is hereby authorized and empowered to immediately issue a
Violation Ticket pursuant to the Provincial Offences Procedure Act, to any person
who the Peace Officer has reasonable grounds to believe has contravened any
provision of this Bylaw.
Summer Village of Waiparous Land Use Bylaw 157-23
42 of 59
7. Where a person is found guilty of an offence under the MGA or this Bylaw, the Court
may, in addition to any other penalty imposed, order the person to comply with the
MGA or this Bylaw, a Development Permit or a condition attached to a Development
Permit.
8. A person who:
a) contravenes or fails to comply with any provision of the MGA or its
regulations; or
b) contravenes or fails to comply with an order under this Bylaw; or
c) contravenes or fails to comply with a Development Permit or a condition
attached thereto; or
d) obstructs or hinders any person in the exercise or performance of his powers
or duties under the MGA, the MGA's regulations or this Bylaw,
is guilty of an offence and is liable on summary conviction to a fine.
9. Where a person is found guilty of an offence under this Bylaw, the court may, in
addition to any other penalty imposed, order the person to comply with the MGA,
the MGA's regulations, this Bylaw, an order issued under the MGA or this Bylaw, a
Development Permit, or a condition attached to a Development approval, as the case
may be.
10. The penalty that may be imposed by the Court is prescribed in the MGA.
Summer Village of Waiparous Land Use Bylaw 157-23
43 of 59
PART SEVEN - SUBDIVISION OF LAND
SECTION 42 - Establishment of Subdivision Authority
1. The Council of the Summer Village of Waiparous is hereby established as the
Subdivision Authority for the Summer Village.
2. The responsibilities of the Subdivision Authority are established in the MGA.
SECTION 43 - Establishment of Subdivision Officer
1. The position of Subdivision Officer for the Summer Village of Waiparous is hereby
established.
2. The purpose of the Subdivision Officer is to provide administrative support to the
Subdivision Authority.
3. The Summer Village may contract an agency or person, or hire an employee that it
believes is sufficiently trained and competent to serve as the Subdivision Officer.
4. Any such contracted agency, person or employee shall be appointed to the position
of Subdivision Officer by Council resolution.
5. In the absence of a contracted agency or person, or the hiring of a Municipal
employee to serve as Subdivision Officer, the Chief Administrative Officer shall be
the Subdivision Officer.
SECTION 44 - Role of Subdivision Officer
1. In undertaking the responsibilities described below, the Subdivision Officer shall
work closely with, and under the direction of, the Subdivision Authority because the
MGA gives the responsibilities described below to the Subdivision Authority. The
Subdivision Officer shall operate as a delegate of the Subdivision Authority in the
performance of these responsibilities and in determining the completeness of the
application (see Section 45).
2. The Subdivision Officer is responsible for:
a) informing the Subdivision Authority of the receipt of a subdivision
application;
b) receiving, reviewing, administering and processing any subdivision
applications submitted to the Municipality in accordance with the
requirements of the MGA, the Subdivision and Development Regulations,
and this Bylaw;
Summer Village of Waiparous Land Use Bylaw 157-23
44 of 59
c) assisting the Subdivision Authority in determining the completeness of the
subdivision application in accordance with the MGA, as further addressed in
Section 45 below;
d) issuing all notifications in respect to a subdivision application in accordance
with the MGA;
e) referring the subdivision application to the required parties, and presenting
the responses to the Subdivision Authority; and
f) making a recommendation to the Subdivision Authority for a decision.
3. Following the decision by the Subdivision Authority, the Subdivision Officer shall
send out the necessary notifications of the decision in accordance with the MGA.
SECTION 45 - Notice of Complete Application
1. Upon receipt of a subdivision application, the Subdivision Authority shall determine
if the application is complete within 20 days.
2. The time period referred to in Subsection 45.1 may be extended by an agreement in
writing between the applicant and the Subdivision Officer.
3. An application is complete if, in the opinion of the Subdivision Authority, the
application contains the documents and other information necessary to review the
application.
4. If the Subdivision Authority determines that the application is incomplete, the
Subdivision Officer shall issue to the applicant a written notice that the information
is incomplete and that any outstanding documents and information shall be
submitted by a date set out in the notice, or a later date agreed on between the
applicant and the Subdivision Officer in order for the application to be considered
complete.
5. If the Subdivision Authority determines that the application is complete, the
Subdivision Officer shall issue a notice in writing to the applicant that their
application is complete.
6. If the applicant fails to submit all the outstanding information and documents on or
before the agreed upon date, the application is deemed to be refused and the
Subdivision Officer shall issue a notice in writing to the applicant that their
application is refused.
7. If the Subdivision Authority does not make a determination of completeness within
20 days, the application is deemed to be complete.
Summer Village of Waiparous Land Use Bylaw 157-23
45 of 59
8. Despite an application being deemed complete by the Subdivision Authority, the
Subdivision Authority may request additional information or documentation from
the applicant that the Subdivision Authority considers necessary to review the
application.
SECTION 46 - Subdivision Authority's Responsibilities
1. The Subdivision Authority is obligated to carry out its duties as described in the
MGA and addressed generally in this Part of the Land Use Bylaw.
2. In undertaking its obligations, the Subdivision Authority shall work closely with the
appointed Subdivision Officer.
3. Once it is satisfied that it has received a completed subdivision application, and that
the application has been properly circulated and comments received, the
Subdivision Authority shall hold a public meeting to consider the application. This
meeting must be held in a timely fashion so that the Authority has sufficient time to
make a decision within 60 days of receipt of the completed application.
4. In making its decision, the Subdivision Authority shall consider the information it
receives in writing ahead of the aforementioned public meeting, and in writing or
orally at that meeting.
5. If the Authority determines that it requires more information before making a
decision, it may request that information. If necessary, the Authority may request a
time extension agreement from the subdivision applicant to extend the 60-day
decision window.
6. The Authority may make its subdivision decision either at a public meeting or at a
subsequent closed session (in-camera) meeting.
7. The subdivision decision shall result in either approval or refusal of the subdivision
decision.
8. In the event of subdivision approval, the Subdivision Authority may attach
conditions in accordance with the Act.
9. In the event of subdivision refusal, the Subdivision Authority shall provide reasons
for the refusal.
Summer Village of Waiparous Land Use Bylaw 157-23
46 of 59
SECTION 47 - Subdivision Decision
1. The Subdivision Authority may approve, approve with conditions, or refuse an
application for subdivision.
2. The Subdivision Authority shall render a decision on a subdivision application
within sixty (60) days of receiving a completed application, except when the MGA
and the Subdivision and Development Regulations stipulate a shorter time period or
when an extension to the deadline for the decision has been granted by the applicant
in accordance with the MGA.
3. When a decision has been made on an application for subdivision, the notice of
decision shall be sent by ordinary mail to the applicant and those persons and
authorities that are required to be circulated a copy of the application under the
Subdivision and Development Regulation.
4. When an application for subdivision has been refused, the submission of another
application for a subdivision on the same property for the same or similar
subdivision by the same or any other applicant may not be accepted by the
Subdivision Officer for at least six (6) months after the date of refusal.
5. A decision on an application for subdivision is not an approval to develop, construct
or build on the land. Site grading, earthwork, or any other construction shall not
commence nor proceed until the conditions of subdivision approval have been met, a
development agreement has been signed, or a Development Permit has been issued.
Summer Village of Waiparous Land Use Bylaw 157-23
47 of 59
PART EIGHT - DEVELOPMENT AND
SUBDIVISION APPEALS
SECTION 48 - Establishment of Subdivision and
Development Appeal Board
1. The Subdivision and Development Appeal Board is established by Council through
adoption of a separate bylaw, the Subdivision and Development Appeal Board
Bylaw, not through this Land Use Bylaw.
SECTION 49 - Development Appeal Process
1. Anyone affected by a Development Permit decision or a Stop Order issued by the
Development Authority may appeal the decision or order to the Subdivision and
Development Appeal Board by providing written notice to the Clerk of the
Subdivision and Development Appeal Board within the time period prescribed in the
MGA and noted in the decision or order.
2. Only the Subdivision and Development Appeal Board can determine whether or not
an appeal is valid.
3. The procedure for making a Development appeal, and the process to be followed by
the Board in giving notice of the appeal, hearing the appeal and making a decision
are established in the MGA.
SECTION 50 - Subdivision Appeal Process
1. Only the subdivision applicant and those parties specified in the MGA may appeal a
decision of the Subdivision Authority regarding a subdivision application.
2. A subdivision appeal may be heard by either the Summer Village of Waiparous
Subdivision and Development Appeal Board or the Alberta Land and Property
Rights Tribunal (formerly the Municipal Government Board). The relevant appeal
body is determined based on direction provided in the MGA.
3. The Subdivision Authority shall state in its subdivision decision the process for
making an appeal, the appeal authority, and the time frame for making the appeal.
4. The procedure for making a subdivision appeal, and the process to be followed by
the Board or Tribunal in giving notice of the appeal, hearing the appeal and making a
decision are established in the MGA.
Summer Village of Waiparous Land Use Bylaw 157-23
48 of 59
PART NINE - INTERPRETATION AND
DEFINITIONS
SECTION 51 - INTERPETATION
1. Words and terms used in this Bylaw shall have the same meaning as given to them
in the MGA unless otherwise defined in this Bylaw. Where no definition is provided
in the MGA or this Bylaw, the Alberta Interpretation Act shall be used, and if no
definition is provided there the Canadian Oxford Dictionary shall be used.
2. Words defined in Section 53 of this Bylaw have been capitalized for ease of
recognition.
3. Headings are for ease of reference only and do not affect the meaning of the
provisions to which they relate.
4. All required Bylaw measurements - setbacks, standards, dimensions, etc. - are in
metric. Imperial measurements, where provided in brackets after the metric value,
are provided for reference only. If there is a dispute between a number or value in
metric or imperial measurement, the metric measurement or value shall be used.
5. For the purpose of confirming compliance with this Bylaw, measurements shall be in
metric and rounded off to one decimal point. Metric measurements take precedence
over imperial measurements.
6. Where in conflict, numerical metrics and text shall take precedence over graphic
metrics and images. Graphics and images are used to help illustrate the standards
and requirements of the Bylaw.
7. In general, the following rules apply:
a) words in singular include the plural and words in the plural include the
singular, as the context requires;
b) words used in the present tense include other tenses and derivative forms;
c) words used in the masculine gender shall include the feminine gender and
neutral/non-binary gender, and vice versa;
d) words in either gender include corporations;
e) "shall", "must", and "required" are to be construed as a compulsory
obligation;
f) "may" is to be interpreted as meaning that a choice is available, with no
particular direction or guidance intended;
Summer Village of Waiparous Land Use Bylaw 157-23
49 of 59
g) "should" is an operative word which means that, in order to achieve
Municipal goals and objectives, it is strongly advised that the action be
taken;
h) a "person" includes an individual, partnership, association, corporation,
firm, trustee, executor, administrator and legal representative of a person.
SECTION 52 - INTERPRETING THE LAND USE DISTRICT
MAP
1. In the event of uncertainty or dispute with respect to the location of the boundary of
a Land Use District, the location will be determined by application of the following
rules:
a) where the boundary of a District is shown as approximately following the
boundary of a Site, a roadway, a utility right-of-way, an easement or the
Municipality, the District boundary is deemed to follow the surveyed
boundary of the Site, the roadway, the utility right-of-way, the easement or
the Municipality;
b) where the boundary of a District is shown as being parallel to or an
extension of any of the features described in subsection a) above, the
boundary is deemed to be where a plan of survey shows, or would show, such
parallel or extended line to be; and
c) if the exact location of a District boundary cannot be determined by the
application of subsections a) or b) of this section, the Development Authority
shall determine the location of the boundary on the basis of measurements
scaled from the Land Use District map.
2. Despite the Land Use Districts shown on the Schedule A - Land Use Districts map of
this Bylaw, water bodies under the jurisdiction of the Crown in right of the Province
of Alberta or Canada are not regulated by this Bylaw.
3. Despite the Land Use Districts shown on the Schedule A - Land Use Districts map,
for the purpose of this Bylaw, Public Roadways must only be used for developments
and activities associated with:
a) the passage of motorized and non-motorized vehicles;
b) the passage of pedestrians;
c) the placement of public and private utilities and the provision of community
services, including Signs, authorized by the Summer Village; and
d) landscaping, including storm water runoff and vegetation management.
Summer Village of Waiparous Land Use Bylaw 157-23
50 of 59
SECTION 53 - DEFINITIONS
Accessory Building means a Building separate and subordinate to the Principal
Building, the use of which is incidental to the Principal Building, and which is located on
the same Parcel of land.
Accessory Use means a use that is subordinate, incidental and directly related to the
Principal Use on the Site or its Principal Building, and that does not substantially add to
the patronage, volume of traffic, or intensity of use of the Site or Principal Building. An
Accessory Use must be located on the same site as the Principal Use, and it may not
precede the Development of the Principal Use.
Ancillary Living Accommodation means a Building that is not a Dwelling Unit and
that is used exclusively for sleeping accommodation additional to a Dwelling Unit
already constructed on the property. Ancillary Living Accommodation may be developed
within an Accessory Building, in which case the regulations applicable to Ancillary
Living Accommodation Buildings shall apply rather than those established for Accessory
Buildings.
Balcony means a platform greater than 0.6 m (2.0 ft) above grade, attached to and
projecting from a Building, and which may or may not have a supporting structure at
grade. A Balcony is only accessible from within the Building and is enclosed by a railing.
The Balcony may be covered by a roof or cantilever when all are compliant with the
minimum yard setback regulations of the Bylaw.
Building means any structure constructed or placed on, in, over or under land for the
purpose or intended purpose of sheltering persons, animals or property, but does not
include a Public Roadway, or a bridge or similar structure forming part of a Public
Roadway, or a Telecommunications Tower.
Building Height - see Height, Building definition.
Building Permit means a permit or document issued in writing by a designated Safety
Codes Officer within the building discipline authorizing the commencement of a use,
occupancy, relocation, construction or demolition of any Building.
Building Setback means the distance from a property line to the point on a Lot where
a Building is located, measured at a right angle from the property line to which relates.
Council means the elected Council of the Summer Village of Waiparous.
Deck means a constructed and elevated platform, the height of which exceeds 0.6 m
(2.0 ft) above grade and is accessible from an entryway of a Building as well as being
accessible by exterior stairs. A Deck may be covered by a roof, cantilever or canopy
provided all are compliant with the minimum setback regulations of this Bylaw.
Summer Village of Waiparous Land Use Bylaw 157-23
51 of 59
Development means (s. 616 (b) of the current Act is cited below, and this definition
shall be superseded by any update of the definition contained in the MGA):
(i) an excavation or stockpile and the creation of either of them,
(ii) a building or an addition to or replacement or repair of a building and the
construction or placing of any of them on, in, over or under land,
(iii) a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land or
building, or
(iv) a change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of use
of the land or building.
Development Permit means a document or permit, which may include attachments,
issued pursuant to this Bylaw or any previous Land Use Bylaw and authorizing a
Development.
Dog Kennel means the harbouring and caring of more than three dogs on a Parcel for
a period in excess of five days in duration. This definition does not include puppies
under the age of nine weeks that are the offspring of a bitch that normally resides on the
Parcel and is owned by the landowner or occupant of the Parcel.
Dwelling Unit means a self-contained room or suite of rooms, not available for public
use, which normally provides sleeping, washing, sanitary and kitchen facilities, and
which is intended for residential use. A Dwelling Unit is characterized as a place in
which a person or persons may reside as their primary or secondary residence, with the
intent and ability to arrive and leave at their discretion, and with the ability to remain
for undetermined or indefinite periods. There shall be only one Dwelling Unit in any
Building in the Summer Village. Additionally, for clarity, a Dwelling Unit shall not
include, mean or be used for Short Term Vacation Rental.
Election Period means for federal and provincial elections, the period starting from
the issuance of the writ and ending after the close of polls; and for municipal and school
board elections, means the period starting from the close of nominations and ending
after the close of polls.
FireSmart means guidelines and recommendations made by Alberta FireSmart or
FireSmart Canada that are intended to increase community resilience to wildfire and
minimize its negative impacts.
Green Energy Infrastructure means the systems required on a property to generate
energy from natural resources such as sunlight or water, including the earth's
temperature gradient. For clarity, this definition does not include infrastructure
associated with the use of renewable fuels, such as the burning of wood or wood
products, agricultural products or waste.
Summer Village of Waiparous Land Use Bylaw 157-23
52 of 59
Height, Building - means the vertical distance as measured from the elevation of the
finished ground level or grade at the base of each exterior wall to the highest point of the
Building on that particular side. The calculation of Building height excludes: an elevator
housing; heating or ventilation equipment; flush-mounted solar collectors; a skylight; a
chimney; a firewall or parapet wall; a steeple that is less than 5.0 m (16.4 ft) above the
Building roof; or a guardrail or similar feature or device not structurally essential to the
Building that is less than 1.0 m (3.3 ft) above the Building roof. The illustration below
shows how a Building might fit within the maximum height limit given a varying grade.
Home Occupations means an occupation or profession in which remuneration is
normally received for any goods or service provided and is operated within a Dwelling
Unit by residents of that property. A Home Occupation is restricted to business activities
and storage within the Dwelling, generates minimal traffic above that of a typical
residential use, and does not interfere with the rights of the other Summer Village
residents to quiet enjoyment of the residential neighbourhood.
Lot means a single area of land described on a Certificate of Title issued by the Alberta
Land Titles Office that has been subdivided so that it has a lot, block and plan number.
For clarity, a Lot does not include an area of land comprised of several subdivided lots
that have been combined on one property title for convenience purposes.
Lot, Corner means a lot situated at the junction of two or more Public Roadways, not
including a lane. For these sites, the front yard is deemed to be the one from which the
main vehicle approach is obtained and the driveway located. See illustration on the
following page.
Summer Village of Waiparous Land Use Bylaw 157-23
53 of 59
Lot, Interior means a Lot which is bounded by one Public roadway. The presence of an
adjoining laneway does not matter. See illustration below.
Manufactured Dwelling means a Dwelling Unit built in an enclosed off-site factory
environment in one or more sections or modules that is intended to be delivered and
assembled at a residential site on a permanent foundation but excludes Mobile Homes.
MGA means the Alberta Municipal Government Act and amendments thereto, and
includes any applicable regulations passed in accordance with the Municipal
Government Act.
Mobile Home means a Dwelling Unit that is transportable in one or more sections
that is built on a permanent chassis and designed for use with or without a permanent
foundation when attached to the required utilities. A Mobile Home is typically long and
narrow, with a single-wide Mobile Home dimension usually being 12.0 to 24.0 m (about
40 to 80 ft) long and 3.5 to 5.5 m wide (about 12 to 18 ft) wide. Mobile Homes are not
allowed within the Summer Village.
Municipality (or the Municipality) means the Summer Village of Waiparous and
the land within it as incorporated by and under the authority of the Government of
Alberta, or its elected Council, administration and appointees as applicable.
Parcel means a Lot or any other single area of land described on a Certificate of Title
issued by the Alberta Land Titles Office.
Summer Village of Waiparous Land Use Bylaw 157-23
54 of 59
Patio means an uncovered horizontal structure with a surface height, at any place, no
greater than 0.6 m (1.97 ft) above grade, intended for use as an outdoor amenity space.
A Patio may or may not be attached to a Building.
Principal Building or Use means a Building or use which, in the opinion of the
Development Officer, occupies the major or central portion of the Site, or is the chief or
main Building or use among the Buildings or uses on the Site, or constitutes by reason
of its use the primary purpose for which the Site is used.
Public Roadway means a road right-of-way identified in a subdivision plan or a road
plan, or a Municipally named road or lane located on public land, and includes any
bridge or similar structure.
Recreational Camper means a motorized recreational vehicle (RV), or a recreational
camper or trailer designed to be pulled behind or placed on a motorized vehicle, that is
intended primarily for use as a temporary living quarters, and includes tent trailers and
vehicle tents.
Retaining Wall means a structure constructed to withstand lateral pressure in order
to hold back earth, loose rock or similar materials.
Satellite Dish Antennas means a dish-shaped parabolic antenna designed to receive
or transmit information by radio waves to or from a telecommunications satellite, and
for this definition shall have a maximum diameter, if circular, of approximately 0.9 m
(approximately 3.0 ft). Other shapes (e.g., square or rectangular) are acceptable
provided they are of similar size. Satellite dish antennas of significantly greater diameter
or size are prohibited.
Short Term Vacation Rental means a Dwelling Unit operated as a temporary place
to stay, the characteristics of which may include any of the following:
- the intent of the occupant to stay for short-term (less than 30 days) vacation purposes
rather than use the property as a residence;
- the commercial nature of the Short Term Vacation Rental;
- the management or advertising of the Dwelling Unit as a vacation rental property in
any media, and particularly on internet sites such as Airbnb or VRBO; or
- the use of a system of reservations, deposits, confirmations, credit cards or other
forms of electronic payment.
Sign means a visual medium used to convey information by way of words, pictures,
images, graphics, emblems or symbols, or any device used for the purpose of providing
direction, identification, advertisement, business promotion, or the promotion of a
person, product, activity, service, event or idea.
Sign, Other means a Sign not exempted in Part 4 of this Land Use Bylaw from the need
for a Development Permit.
Summer Village of Waiparous Land Use Bylaw 157-23
55 of 59
Single Detached Dwelling means a detached Building containing one Dwelling Unit.
It includes Manufactured Dwellings but excludes Mobile Homes or other portable
dwellings and living quarters, such as Recreational Campers.
Site means the same thing as a Lot but is more typically used in the context of a
Development or Building proposal (that is, referring to the Development site or the
Building site).
Site Depth means the distance between the front and rear Lot lines measured along
the line perpendicular to a line connecting the mid-points of the front and rear Lot lines.
See illustration below.
Site Width means the distance between the side Lot lines, calculated at the front yard
setback distance and measured along the line perpendicular to a line connecting the
mid-points of the front and rear lot lines. See illustration below.
Summer Village of Waiparous Land Use Bylaw 157-23
56 of 59
Slope means the relationship of the vertical distance of a line drawn between two
points on an escarpment to the line's horizontal distance, calculated mathematically as
rise (vertical distance) over run (horizontal distance). See illustration below.
Solar Panels means panels designed to absorb the sun's rays as a source of energy for
generating electricity (solar voltaic) or heating (solar thermal).
Statutory Plan means an intermunicipal development plan, a municipal development
plan, an area structure plan or an area redevelopment plan, all as described in the Act.
Subdivision Authority means a person or body appointed as a Subdivision Authority
in accordance with the Alberta Municipal Government Act.
Subdivision and Development Appeal Board means a body pointed as an appeal
authority for matters involving subdivision or Development application or decisions in
accordance with the Alberta Municipal Government Act.
Summer Village of Waiparous (0r the Summer Village) means the Summer
Village of Waiparous and the land within it as incorporated by and under the authority
of the Government of Alberta, or its elected Council, administration and appointees as
applicable.
Telecommunications Towers, Antennas and Facilities means any structure,
building, antenna, supporting structure, or other thing that is used or is capable of being
used for transmission and reception of information by radio waves or microwaves. They
are typically installed as part of the cellular communication and broadcasting industries.
For the purposes of this definition, private and amateur satellite dishes and antennas,
including television or radio reception equipment for residential or small commercial
uses are excluded.
Telecommunication Towers for Amateur/Hobby Use means towers and
associated antennas erected on a Parcel for use by the property owner or occupant for
amateur or hobby purposes, such a Ham Radio.
Summer Village of Waiparous Land Use Bylaw 157-23
57 of 59
Tent means a portable shelter made of fabric or other material stretched over a
supporting framework of poles that is usually stabilized or secured to the ground with
cords and stakes, and for clarity includes teepees, yurts and glamping tents.
Toe of an Escarpment means the natural transition line or lower natural topographic
break at the bottom of a Slope greater than 15% for a distance of at least 5.0 m (16.4 ft),
and a relatively level area that has a Slope of less than 15% for a distance of 10.0 m (32.8
ft) or greater.
Top of an Escarpment means the natural transition line or upper natural
topographic break at the top of a Slope greater than 15% for a distance of at least 5.0 m
(16.4 ft), and a relatively level area that has a Slope of less than 15% for a distance of
10.0 m (32.8 ft) or greater.
Violation Tag means the notice that may be issued by the Municipality pursuant to the
MGA and the Provincial Offences and Procedure Act that allows a party to plead guilty
to an offence and make a voluntary payment (typically in a reduced amount) before
receiving a Violation Ticket. A Violation Tag is sometimes referred to as a violation
ticket offence notice.
Violation Ticket means a ticket issued under the Provincial Offences and Procedure
Act and amendments thereto, including any applicable regulations passed in accordance
with said Act. A Violation Ticket is sometimes referred to as a summons.
Summer Village of Waiparous Land Use Bylaw 157-23
58 of 59
Summer Village of Waiparous Land Use Bylaw 157-23
59 of 59