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SUMMER VILLAGE OF WEST BAPTISTE LAND USE BYLAW
Bylaw No. 106 - 2016
October 2016
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SUMMER VILLAGE OF WEST BAPTISTE LAND USE BYLAW
Bylaw No. 106 - 2016
TABLE OF CONTENTS
GUIDE TO USING THE LAND USE BYLAW .............................................................................................1
PART 1 INTRODUCTION ......................................................................................................................2
1.1
Title ............................................................................................................................................... 2
1.2
Purpose ......................................................................................................................................... 2
1.3
Measurements .............................................................................................................................. 2
1.4
Definitions ..................................................................................................................................... 2
PART 2 ESTABLISHMENT OF DISTRICTS & REGULATIONS ................................................................... 22
2.1
Establishment of Land Use Districts ............................................................................................ 22
PART 3 GENERAL ADMINISTRATION ................................................................................................. 23
3.1
Control of Development ............................................................................................................. 23
3.2
Development Not Requiring a Permit ......................................................................................... 23
3.3
Non-Conforming Buildings and Uses .......................................................................................... 24
3.4
Development Approval Authorities ............................................................................................ 25
PART 4 DEVELOPMENT APPLICATIONS .............................................................................................. 26
4.1
Application for Development ...................................................................................................... 26
4.2
Decision ....................................................................................................................................... 28
4.3
Development Permits and Notice ............................................................................................... 30
PART 5 DEVELOPMENT APPEALS ...................................................................................................... 31
5.1
Appeal Procedure ....................................................................................................................... 31
5.2
Appeal Hearing ............................................................................................................................ 31
5.3
Appeal Decision ........................................................................................................................... 32
PART 6 BYLAW AMENDMENTS ......................................................................................................... 34
6.1
Application to Amend the Bylaw ................................................................................................ 34
6.2
Public Hearing and Decision ........................................................................................................ 34
PART 7 ENFORCEMENT ..................................................................................................................... 36
7.1
Contravention and Penalties....................................................................................................... 36
PART 8 GENERAL REGULATIONS ....................................................................................................... 38
8.1
Accessory Buildings and Uses ..................................................................................................... 38
8.2
Amateur Radio Antennas ............................................................................................................ 40
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Bylaw No. 106 - 2016
8.3
Building Appearance and Exterior Finish .................................................................................... 40
8.4
Development on Corner Lots ...................................................................................................... 40
8.5
Development on Lands Containing a High-Water Table ............................................................. 41
8.6
Development on Hazardous Lands ............................................................................................. 41
8.7
Drainage ...................................................................................................................................... 42
8.8
Driveways .................................................................................................................................... 42
8.9
Dwelling Units on a Parcel .......................................................................................................... 42
8.10
Existing Sub-Standard Lots .......................................................................................................... 42
8.11
Fences, Walls and Hedges ........................................................................................................... 42
8.12
Home Occupations ...................................................................................................................... 43
8.13
Keeping of Domestic Pets and Livestock..................................................................................... 45
8.14
Landscaping ................................................................................................................................. 45
8.15
Moved-In Buildings ..................................................................................................................... 46
8.16
Municipal Services, Sanitary Facilities & Road Availability ......................................................... 46
8.17
Noise ........................................................................................................................................... 47
8.18
Objects Prohibited or Restricted in Yards ................................................................................... 47
8.19
Off-street Parking ........................................................................................................................ 48
8.20
Pollution Control ......................................................................................................................... 48
8.21
Projection into Yards ................................................................................................................... 49
8.22
Recreational Vehicles (including park models) ........................................................................... 49
8.23
Sea Cans ...................................................................................................................................... 50
8.24
Shoreline ..................................................................................................................................... 51
8.25
Signs ............................................................................................................................................ 51
8.26
Solar Energy Collection Systems ................................................................................................. 51
8.27
Sour Gas Facilities ....................................................................................................................... 52
8.28
Subdivision of Land ..................................................................................................................... 52
8.29
Suites (Garage and Secondary) and Guest Houses ..................................................................... 52
8.30
Topsoil Removal .......................................................................................................................... 53
8.31
Utility Easements ........................................................................................................................ 53
8.32
Wireless Communication Facilities ............................................................................................. 54
PART 9 LAND USE DISTRICTS ............................................................................................................ 56
9.1
Establishment of Land Use Districts ............................................................................................ 56
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Bylaw No. 106 - 2016
9.2
R1 Residential District ................................................................................................................. 57
9.3
RSH Rural Small Holding District ................................................................................................. 59
9.4
RPL Reserve and Public Lands District ........................................................................................ 60
PART 10 LAND USE DISTRICT MAP .................................................................................................... 61
LIST OF FIGURES
Figure 1: Adjacent Property .......................................................................................................................... 3
Figure 2: Building Height ............................................................................................................................... 4
Figure 3: Established Grade .......................................................................................................................... 8
Figure 4: Lot ................................................................................................................................................ 11
Figure 5: Freestanding Sign ......................................................................................................................... 18
Figure 6: Temporary or Portable Sign ......................................................................................................... 18
Figure 7: Garage Suite ................................................................................................................................. 19
Figure 8: Guest House Suite ........................................................................................................................ 19
Figure 9: Secondary Suite............................................................................................................................ 20
Figure 10: Backshore and Lakefront Lot Siting ........................................................................................... 39
Figure 11: Development on Corner Lots ..................................................................................................... 41
Figure 12: Fences, Walls and Hedges .......................................................................................................... 43
Figure 13: Recreational Vehicle Siting in Residential Areas ........................................................................ 50
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Bylaw No. 106 - 2016
GUIDE TO USING THE LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be
used and buildings can be either constructed or moved in) in the Summer Village of West Baptiste.
Regulations vary depending on the location and types of development. Other Bylaws or regulations of
the municipality, Province or Federal Government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works.
Firstly, the Land Use Bylaw maps divide the municipality into various Land Use Districts. Secondly, the
text of the Land Use Bylaw details the uses that are allowed in each District. Thirdly, the text provides
additional regulations that apply to certain uses and/or within certain Districts. The following steps may
assist the user:
1.
Locate the subject property on the Land Use District maps. These maps divide the municipality
into various Land Use Districts. Each Land Use District has a designation such as "R1" for
RESIDENTIAL, "RSH" for Rural Small Holdings, or "RPL" for RESERVE AND PUBLIC LANDS. Take
note of which Land Use District the subject property is located in. PLEASE NOTE: Land Use
Districts are often referred to as "Zones" or "Zoning." In order to conform to the language of
the Municipal Government Act, this document uses the terms "District" and "Districting."
2.
Check the table of contents and locate the Land Use District you are interested in. Each Land
Use District is listed in Part 2. In each Land Use District you will find a list of permitted and
discretionary uses, subdivision regulations, development regulations and other miscellaneous
regulations. This determines how and what can be developed in any given Land Use District.
There are definitions in Part 1 that should also be consulted to ensure that words and terms
used in the Land Use Bylaw are understood.
3.
Review the table of contents to see if there are any general regulations that apply to the
situation or use in question. For example, Section 7.1 describes the enforcement procedure.
Section 8.1 contains general regulations about accessory buildings and Section 8.13 contains
general regulations about Home Occupations, to name just a few.
4.
Discuss your proposal/concern with Planning and Development staff. Summer Village staff
members are well trained and eager to assist you with your development, subdivision or general
inquiry issues and to explain procedures. They can also assist with other situations such as
enforcement or a Land Use Bylaw amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS BYLAW.
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Bylaw No. 106 - 2016
PART 1 INTRODUCTION
1.1
Title
This Bylaw may be referred to as "The Summer Village of West Baptiste Land Use Bylaw."
1.2
Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the Summer Village to achieve the orderly and economic development of land,
and for that purpose, amongst other things:
1.
To divide the Summer Village into districts;
2.
To prescribe and regulate for each district the purposes for which land and buildings
may be used;
3.
To establish a method of making decisions on applications for development permits
including the issuing of development permits;
4.
To provide the manner in which notice of the issuance of a development permit is to be
given; and
5.
To establish the number of dwelling units allowed on a parcel of land.
1.3
Measurements
Within this Bylaw, all measurements are in Metric. The Imperial equivalents provided in
parentheses after each reference to Metric units of measurement are approximate and
intended for information only.
1.4
Definitions
1.
Abut, or abutting - immediately contiguous or physically touching, and, when used with
respect to a lot or site, means that the lot or site physically touches upon another lot or site,
and shares a property line or boundary line with it;
2.
Accessory Buildings - a building separate and subordinate to the main building and use which
is incidental to the main building and is located on the same parcel of land. An accessory
building to a residential use means a garage, carport, shed, storage buildings, hobby
greenhouse, sundeck, permanently installed private swimming pool or hot tub, and similar
buildings. Where an accessory development is attached to the main building on a lot by a roof
or an open or enclosed structure, except carports where vehicular access to the rear yard is
not obstructed, said accessory development is part of the main building and not an accessory
building and shall, unless otherwise specified in this Bylaw, adhere to the yard and other
requirements for main buildings;
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3.
Accessory Use - means a use of a building or land which is normally incidental and
subordinate to the principal use of the parcel on which it is located;
4.
Act -means the Municipal Government Act, R.S.A. 2000, as amended, and the regulations
pursuant thereto;
5.
Adjacent Landowners - owners of land that is contiguous to the land that is the subject of an
application, and includes owners of land that would be contiguous except for public roadway,
railway, utility right-of-way, river or stream;
6.
Adjacent property - means land that is contiguous to a particular parcel of land and includes
land that would be contiguous if not for a highway, road, river or stream;
7.
Apartment - means a dwelling containing three (3) or more dwelling units, with shared
entrance facilities;
8.
Area Redevelopment Plan - means a plan adopted by the Council as an area redevelopment
plan pursuant to the Municipal Government Act, as amended.
9.
Area Structure Plan - means a plan adopted by the Council as an area structure plan pursuant
to the Municipal Government Act, as amended.
10.
Basement - means the portion of a development which is wholly or partially below grade,
having above grade no more than 1.8 m (6.0 ft) of its clear height lying below the finished
level of the floor directly above;
11.
Bed and breakfast establishment - means a development within a dwelling, which possesses
a dwelling unit, where temporary sleeping accommodations, up to a maximum of three (3)
bedrooms, with or without meals, are provided for remuneration to members of the public. A
bed and breakfast establishment shall include
a boarding house;
12.
Boarding house - means a building or portion
thereof where meals and accommodations are
provided for remuneration to three (3) or
more persons, exclusive of the occupant and
immediate family. For the purposes of this
Bylaw, boarding houses shall not include an
eating or drinking establishment, a drive-in
restaurant, a refreshment stand, or other
similar use;
13.
Boathouse - means an accessory building
designed and used primarily for the storage of
boats and is designed such that the main door
faces the lake as to permit the direct removal
of boats from the water to the structure;
14.
Building - anything constructed or placed on, in, over or under land but does not include a
highway or public roadway or a bridge forming part of a highway or public roadway;
15.
Building Height - means the vertical distance between the grade and the highest point of a
building that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a
Figure 1: Adjacent Property
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Bylaw No. 106 - 2016
smoke stack, a fire wall, or a flagpole, or similar device not structurally essential to the
building;
Figure 2: Building Height
16.
Campground - means a development where tents are erected and/or recreational vehicles
are parked for the purpose of overnight or short term accommodation. A campground
includes any building, structure, tent, vehicle or enclosure accessory to the main use that is
located on the land and used as an integral part of the campground such as washhouses,
gazebos, picnic shelters, etc.;
17.
Canopy - means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun;
18.
Carport -means a roofed structure used for storing or parking not more than two private
vehicles and which has at least 40% of the total perimeter open and unobstructed;
19.
Carrier - means a company or applicant that provides wireless commercial or essential
institutional communications services;
20.
Cemetery - means development of land for the interment or entombment of the deceased,
and may include, at the discretion of the Development Authority, crematoriums, mausoleums
and memorial parks or a religious assembly, and one attached or separate manse;
21.
Chattel - a moveable item of personal property;
22.
Co-location - means locating on a site and tower with other wireless communications
operators;
23.
Commercial Use - means a business through which products, services, or entertainment are
available to consumers, whether the general public or other commercial establishments, and
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does not include the manufacturing of products. Commercial use shall include animal
hospitals, bed and breakfast establishments, business support services establishments,
campgrounds, drive-in businesses, drive-in restaurants, eating and drinking establishments,
entertainment establishments, general retail stores, greenhouses, health services, highway
commercial uses, hotels, office uses, personal service shops, recreation camps, recreational
vehicle parks, and resorts;
24.
Corner Lot - means a lot having boundary lines on two or more roads, at their intersection or
junction. Corner lot also means a lot having a boundary line at a point where a road or
highway changes direction by a minimum of 45 degrees within the boundaries of the lot;
25.
Cottage - in all cases shall be taken to mean the same as a dwelling;
26.
Council - the Council of the Summer Village of West Baptiste;
27.
Coverage - means the sum of the ground floor areas of all buildings on a lot divided by the
area of the lot;
28.
Date of Issue - means the date on which the notice of a decision of the Development
Authority is published, or five days after such a notice is mailed;
29.
Daycare facility - means a provincially licensed development providing daytime personal
care, maintenance and supervision to seven (7) or more children under the age of eleven (11)
years, by persons unrelated to the children by blood or marriage, but does not include
overnight accommodation. Day care facilities include day care centres, day nurseries,
kindergartens, nursery school, and play schools and after school or baby-sitting programs
which satisfy this definition. Day care facilities shall not include a day home, a family care
facility, a group care facility, or a school operated by a School Division;
30.
Day home - means a development operated from a dwelling supplying supervision to a
maximum of six children under the age of eleven years or senior citizens, including any
resident children and seniors, for periods of more than three but no more than fourteen
consecutive hours. A day home may supply an outside recreation space that is both fenced
and gated, and shall meet all fire regulations and health regulations;
31.
Deck - means any open structure attached to a building having a height greater than 0.6 m
(2.0 ft) above grade, and thereby requiring stairs and railings as outlined in regulations
approved under the Safety Codes Act. A deck shall not have walls higher than 1.25 m (4.1 ft)
or a roof;
32.
Density - means a measure of the average number of persons or dwelling units per unit of
area;
33.
Designated officer - means a person authorized by Council to act as a development authority
pursuant to section 624(2) of the Municipal Government Act and in accordance with the
municipality's development authority bylaw;
34.
Developer - an owner, agent or any person, firm or company required to obtain or having
obtained a development permit;
35.
Development - is:
a) An excavation or stockpile and the creation of either of them; or
b) A building or an addition to, or replacement or repair of a building and the construction or
placing in, on, over and under land of any of them; or
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c) A change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building; or
d) A change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building;
and without restricting the generality of the foregoing, includes:
e) in the case of a lot used for residential purposes, alterations made to a building or an
additional building on the lot whether or not the building is a dwelling or part of a dwelling
unit,
f) in the case of a lot used for other than residential purposes, alterations or additions made to
a building on the lot or a use of the lot which would increase either the capacity of the
building or the intensity of use of the lot,
g) the display of advertisements or signs on the exterior of a building or on any land,
h) the deposit of earth, debris, waste materials, refuse, or any other material on any land,
including land already being used for that purpose, or if the natural topography or drainage
is altered,
i)
any increase in the number of households occupying and living in any building or on any site,
and any construction or alterations or additions which would provide for an increase in the
number of households which could occupy and live in any building or on any site, including
any increase in the number of dwelling units in a building or on a site,
j)
the placing of refuse or waste material on any land,
k) the recommencement of the use to which land or a building has been previously put if that
use has been discontinued for a period of more than six months,
l)
the use of land for the storage or repair of motor vehicles or other machinery or equipment,
m) the continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw comes into effect,
n) the demolition or removal of a building,
o) the placement of an already constructed or a partially constructed building on a parcel of
land,
p) the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks, or
any other type of portable building whatsoever, whether or not the same has been placed
or affixed to the land in any way,
q) the removal of topsoil from land,
r) the use of land for storage purposes or for the repair of equipment, vehicles or other kinds
of machinery,
s) the installation of any type of sewage disposal system including but not limited to holding
tanks, or
t) the digging of a well or installation of a water cistern;
36.
Development Authority - means the development authority of the Summer Village as
established by the Summer Village's Development Authority Bylaw;
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37.
Development Officer - means the official or officials of the municipality with the
responsibility of receiving, considering and deciding on applications for development under
this Land Use Bylaw;
38.
Development Permit - a document authorizing a development, issued pursuant to this Land
Use Bylaw;
39.
Discontinued - means the time at which, in the opinion of the Development Authority,
substantial construction activity or use, whether conforming or not conforming to this Bylaw,
has ceased;
40.
Discretionary Use - means the use of land or a building provided for in the District
Regulations of this Land Use Bylaw for which a development permit may be issued with or
without conditions upon an application having been made;
41.
District - a designated area of the municipality within which certain uniform requirements
and regulations govern the use of land, and the placement, spacing and size of structures;
42.
Domestic Pet(s) - means animals which are not livestock as defined in the Agricultural
Operation Practices Act and which are often kept within a dwelling unit. Such animals include
dogs, cats, and similar animals;
43.
Duplex (side-by-side) - means a dwelling containing two dwelling units which share a
common vertical wall (with the dwellings being immediately beside one another);
44.
Duplex (up-down) - means a dwelling containing two dwelling units which share a common
partition (with one dwelling being on 'top', and the other being on the 'bottom');
45.
Dwelling - means any building used primarily for human habitation and is restricted under
this Bylaw to single family dwellings;
46.
Dwelling, lakefront - means a dwelling whose property extends to the lakeshore but also
includes those dwellings whose parcels are only separated from the lakeshore by a road, park
or environmental reserve;
47.
Dwelling, single family - means a building consisting of one (1) dwelling unit, and if the
provisions of this Bylaw allow, a secondary suite, and includes buildings constructed in
modules or sections which meet the requirements for a residence under the Alberta Building
Code, but does not include recreational vehicles, park models, or manufactured homes of any
kind whether standing on wheels or supported by blocks, jacks, pylons or any other
temporary foundation;
48.
Dwelling Unit - means a complete dwelling or self-contained portion of a dwelling, set or
suite of rooms which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently, semi-permanently,
or seasonally as a residence for one (1) household,
49.
Easement - means a right to use land, generally for access to other property or as a right-of-
way for a public utility;
50.
Environmental Reserve - land designated "ER" by the subdivision approving authority
pursuant to the Act, when a subdivision occurs in an area where some of the land is
undevelopable due to environmental factors;
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51.
Established grade - means the ground level adjacent to the exterior walls of a building if the
finished grade is level. If the ground is not entirely level, the grade shall be the average of the
elevation of the ground around the perimeter of the building;
Figure 3: Established Grade
52.
Excavation - any breaking of ground, except common household gardening and ground care;
53.
Exterior wall - means the outermost point of a building projection, including, but not limited
to, bay windows, oval windows, chimneys and verandas, but not including roof overhangs less
than 0.6 m (2.0 ft);
54.
Fence - a vertical, physical barrier constructed to try to reduce sound or visual intrusion or to
limit unauthorized access;
55.
Floor Area - means the total area of all floors of a building above grade within the outside
surface of exterior walls or within the glass line of exterior walls and the centreline of fire
walls, but not including the floor area of basements, attached garages, sheds, open porches or
breezeways, except that all dwelling units in an apartment shall be included in the calculation
of floor area;
56.
Floor area ratio - means the ratio or decimal resulting from dividing the floor area of all
buildings by the total site area of the parcel on which the buildings are located;
57.
Front line - means the boundary line of a lot lying adjacent to a highway or road. In the case
of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be
considered the front line;
58.
Front yard - see Yard, front;
59.
Garage - an accessory building or part of the principal building, designed and used primarily
for the storage of non-commercial motor vehicles, recreational vehicles and other chattels;
60.
Garage suite - see suite, Garage
61.
Greenhouse - a commercial establishment, with or without a building, where vegetables,
flowers and other plants are grown for sale as plants, and which may include a market garden
or plant nursery;
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62.
Gross area - means the area of a development, neighbourhood or planned area, before
deductions for roads, municipal and environmental reserves and public utilities have been
made;
63.
Gross vehicle weight - means the maximum operating weight/mass of a vehicle as specified
by the manufacturer including the vehicle's chassis, body, engine, engine fluids, fuel,
accessories, driver, passengers and cargo but excluding that of any trailers;
64.
Guest house - see "Suite, guest house"
65.
Guest suite - see Secondary suite;
66.
Heavy truck and equipment - means a truck or equipment, loaded or unloaded, with a gross
vehicle weight in excess of 4.8 tonnes (10,560 lbs.);
67.
Heavy truck and equipment storage - means the on-lot storage, inside a single accessory
building, of heavy trucks and equipment owned and operated by a resident or residents of the
single family dwelling or manufactured home situated on the same lot;
68.
High ground water table - means a water table level measuring less than 1.5 m (5.0 ft) from
the ground surface;
69.
Home Occupation - any occupation, trade, profession, or craft carried on by an occupant of a
dwelling as a use secondary to the residential use of the building, and which does not change
the character of or have any exterior evidence of such secondary use other than a sign as
allowed in this Bylaw. For the purposes of this Bylaw, home occupations are divided into two
sub-classifications - major home occupations and minor home occupations - with specific
regulations for each as indicated in this Bylaw. A minor home occupation does not include any
business which would normally attract more than then ten (10) clients per week, or the
employment at the dwelling or accessory buildings of any paid assistant, other than the
occupants of the dwelling. A major home occupation may include a business which would
normally attract more than ten (10) clients per week, but does not include the employment at
the dwelling or accessory buildings of more than two (2) paid assistants, other than the
occupant and the occupant's family; an occupation, trade, profession, or craft carried on by
an occupant of a residential building as a use secondary to the residential use of the building,
and which does not change the character thereof or have any exterior evidence of such
secondary use other than a small name plate, not exceeding 0.19 sq. m (2.0 sq. ft) in area. A
home occupation does not include the keeping of stock in trade, nor the employment of paid
assistants;
70.
Household - is:
a) a person, or
b) two (2) or more persons related by blood, marriage, a common law relationship, or
adoption, or
c) a group of not more than five (5) persons who are not related by blood, marriage, or
adoption,
all living together as a single housekeeping group and using cooking facilities shared in common.
A household may also include bona fide servants, up to two (2) boarders or lodgers, or up to
four (4) foster children;
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71.
Household repair service - means a development where goods, equipment and appliances
normally found within a dwelling unit may be repaired. Household repair services include
radio, television, appliance and electronics repair shops, and furniture refinishing and
upholstery shops, but not personal service shops. Household repair services do not have any
outdoor storage;
72.
Indoor recreation facility - means a development for sports and active recreation within an
enclosed building. Indoor recreation facilities include such facilities as ice arenas,
gymnasiums, curling rinks, swimming pools, and similar, though smaller, facilities. As well,
indoor recreation facilities may also include meeting rooms and eating and drinking
establishments as accessory uses;
73.
Institutional use - includes but is not limited to hospitals, public offices, educational facilities,
religious assemblies, libraries and senior citizen housing;
74.
In-law suite - see Suite, secondary;
75.
Intensive agriculture - an agricultural operation which operates on an intensive basis.
Without restricting the generality of the foregoing, this shall include nurseries, greenhouses,
and kennels, but not confined feeding operations;
76.
Intensive recreation - high density recreational activities such as campgrounds, picnic
grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields, golf
courses, arenas, swimming pools, tennis courts and other similar activities;
77.
Kennel - a development in which four (4) or more domestic pets, of any single species, over
six (6) months in age are maintained, boarded, bred, trained or cared for or kept for purposes
of sale;
78.
Landfill - a disposal site employing an engineering method of disposing of solid wastes in a
manner that minimizes environmental hazards. A landfill shall be owned by either a municipal
corporation or agency or by a municipally-owned corporation or agency;
79.
Lakefront dwelling - see Dwelling, lakefront;
80.
Lakefront yard - the yard extending across the full width of a lakefront parcel and situated
between the parcel line closest to the lake and the nearest exterior wall of the principal
building;
81.
Landscaping - to preserve or change the natural features of a parcel by adding lawns, trees,
shrubs, ornamental plantings, fences, walks, or other structures and materials used in modern
landscape architecture, but does not include changes in grade, stockpiling and excavation;
82.
Lane - a right-of-way for a public thoroughfare on which motorized vehicles are normally
allowed to operate which is 10 m (32.8 ft) or less in width and which provides a secondary
means of access to a parcel or parcels;
83.
Lattice tower - means a non-solid structure made up of vertical, horizontal and diagonal
members assembled in triangular or square faced sections that can be stacked to obtain
height. The structure can stand by itself (self-supporting), on a foundation, or it may be of the
type requiring supporting assistance of cables (guyed tower);
84.
Library and cultural exhibit - means a development where literary, artistic, municipal and/or
similar reference materials in the form of books, manuscripts, recordings and films are stored,
collected, available, and distributed for public use, viewing, or enjoyment; or a development
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where works or objects of historical, scientific or artistic value are collected, preserved and
exhibited to the public. Libraries and cultural exhibits includes libraries, museums, and art
galleries;
85.
Livestock - as defined in the Agricultural
Operation Practices Act;
86.
Living quarters - the developed area
within a dwelling but does not include
basement, garage or carport, patio, or
atrium;
87.
Lot - is:
a) a river lot, lake lot, or settlement lot
shown on an official plan referred to in
the Surveys Act that is filed or lodged in
a Land Titles Office,
a)
a part of a parcel of land described in a
certificate of title if the boundaries of
the part are described in the certificate
of title other than by reference to a legal subdivision, or
b)
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in the certificate of title by reference to a plan of subdivision;
88.
Lot width - means the length of a line parallel to the front line or, in a lot with a curved front
line, perpendicular to a line running between the mid-point of the front line and the mid-
point of the rear line, measured at a distance from the front line equal to the minimum
required front yard;
89.
Main Building - see Principal building;
90.
Main Use - see Principal use;
91.
Maintenance - means the upkeep of the physical form of any building which does not require
a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing
flooring, replacing roofing materials, but will not include any activity that will increase the
habitable floor area of any dwelling unit or the internal volume of any building;
92.
Manufactured home - means a dwelling which is constructed with a chassis or related
assembly that allows for the permanent or temporary attachment of a hitch and assembly to
enable relocation of the dwelling, and further, which conforms to the Canadian Standards
Association A277 and Z-240 Standards. A manufactured home may be a single structure
(commonly known as a "single wide") or two parts which when put together comprises a
complete dwelling (commonly known as a "double wide"). Manufactured homes do not
include modular homes, mobile homes or park models. For the purposes of this Bylaw, a
manufactured home shall be neither permitted nor discretionary in any Land Use District in
the Summer Village of West Baptiste;
93.
May - is an operative word meaning a choice is available, with no particular direction or
guidance intended;
Figure 4: Lot
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94.
Modular building - means a dwelling which was constructed prior to January 1, 1996, does
not meet the National Building Code of Canada CAN/CSA 1277 or Z-240 Standard, which a
chassis or related assembly that allows for the permanent or temporary attachment of a hitch
and wheel assembly to enable relocation of the dwelling. A mobile home does not include a
modular home, manufactured home or single detached dwelling as described in this Bylaw.
For the purposes of this Bylaw, a mobile home shall be neither permitted nor discretionary in
any Land Use District in the Summer Village of West Baptiste;
95.
Municipality - the Summer Village of West Baptiste;
96.
Must - is an operative word, which means, similarly to the word shall, that an action is
imperative or mandatory;
97.
Natural area - means an area of land and/or water especially dedicated to the protection and
maintenance of biological diversity, and of natural and associated cultural resources, and
managed through legal or other effective means. Areas such as groomed parks, recreational
areas for sports, and schoolyards are not included in this definition;
98.
Net area - means the area of a development, neighbourhood or planned area, after
deductions for roads, municipal and environmental reserves and public utilities have been
made;
99.
Non-Conforming Building - a building:
a) That is lawfully constructed or lawfully under construction at the date this Land Use Bylaw
or any amendment thereof affecting the building or land on which the building is situated
becomes effective; and
b) That on the date this Land Use Bylaw or any amendment thereof becomes effective does
not, or when constructed will not, comply with the Land Use Bylaw;
100.
Non-Conforming Use - a lawful specific use:
a) Being made of land or building or intended to be made of a building lawfully under
construction, at the date this Land Use Bylaw or any amendment thereof affecting the land
or building becomes effective; and
b) That on the date this Land Use Bylaw or any amendment thereof becomes effective does
not, or in the case of a building under construction, will not, comply with the Land Use
Bylaw;
101.
Nuisance - any act or deed, or omission, or thing, which is or could reasonably be expected to
be annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious to
another person and/or their property, or anything troublesome or bothersome to other
people for which complaints are received either by the Municipality's office or the Royal
Canadian Mounted Police, whether or not such act or deed or omission or thing constitutes
nuisance at common law;
102.
Obnoxious - when used with reference to a development, a use which by its nature, or from
the manner of carrying on the same, may, in the opinion of the Development Authority,
create noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic
matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of
goods, materials, salvage, junk, waste or other materials, a condition which, in the opinion of
the Development Authority, may be or may become a nuisance, or which adversely affects
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SUMMER VILLAGE OF WEST BAPTISTE LAND USE BYLAW
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the amenities of the neighbourhood, or which may interfere with the normal enjoyment of
any land or building;
103.
Occupancy - the use or intended use of a building or part thereof for the shelter or support of
persons or property;
104.
Occupant - any person occupying or having control over the condition of any property and the
activities conducted on any property, be such person the owner, lessee, tenant or agent of
the owner, whether such person resides thereon or conducts a business thereon;
105.
Off-street - when used as an adjective, means that the defined thing is not located on a road
or highway, but rather a lot, and, further, that it is not directly accessory to a particular use or
development on a lot;
106.
Offence - when used with reference to a development, is a use which by its nature, or from
the manner of carrying on the same, creates or is liable to create by reason of noise, vibration,
smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or
explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk,
waste or other materials, a condition which, in the opinion of the Development Authority,
may be or may become hazardous or injurious to health or safety, or which adversely affects
the amenities of the neighbourhood, or interferes with or may interfere with the normal
enjoyment of any land or building;
107.
Office use - a development where government, professional, management, administrative,
consulting, and financial services may be provided. Office uses include the offices of lawyers,
accountants, engineers, architects, and realtors. Office uses also include insurance firms;
clerical, secretarial, employment and telephone answering and similar office support services;
banks, credit unions, loan offices and similar financial institutions; the offices of governmental
and public agencies;
108.
Open space - land and water areas which are retained in an essentially undeveloped state
and often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of community
values and safety; maintenance of future land use options;
109.
Order - a notice requiring compliance issued in writing by the Development Officer under
Part 4 of this Bylaw;
110.
Outdoor storage - a development where, in the opinion of the Development Authority,
goods, materials, or equipment are or may be placed outside of a building on a more or less
permanent or continuous basis;
111.
Owner - is:
a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada,
the Minister of the Crown having the administration of the land, or
b)
in the case of any other land, the person shown as the owner of land on the municipality's
assessment role prepared under the Act;
112.
Parcel - the aggregate of one or more area of land described in a certificate of title by
reference to a plan filed or registered in a Land Titles Office;
113.
Parcel area - is the total area of a parcel;
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114.
Parcel boundary(ies) - is the property boundaries which bound the parcel as determined by
the Certificate of Title;
115.
Parcel corner - see Corner lot;
116.
Parcel coverage - means, in the case of a residential building or structure, the combined area
of all buildings on the parcel, measured at the level of the lowest storey above grade, and in
the case of a non-residential building or structure, the combined area of all buildings or
structure upon the lot, measured at the level of the lowest storey above grade, including in
both cases, all porches, decks and verandas, open or coved but excluding open and enclosed
terraces at grade, steps, cornices, eaves and similar projections; such area shall include air
wells and all other space within a building except inner and outer courts;
117.
Park model - is a type of recreational vehicle; however, for the purposes of this Bylaw, park
models are not allowed in any District within this Land Use Bylaw unless either recreational
vehicles or recreational vehicle parks are listed as a permitted or a discretionary use within
the District, and, further, that a park model has been specifically identified and approved by
the Development Authority within an approved development permit. As well, park models
shall not be used as dwellings within the municipality. There are a number of types of park
models. Currently, two types described below are recognized by the recreational vehicle
industry.
Park Model Trailer 102 is a unit designed to be towed by a heavy-duty tow vehicle (auto, van,
pick-up truck, etc.) but is of restricted size and weight so that it does not require a special
highway movement permit. The maximum width when being towed is 2.6 m (8.5 ft). These
units are designed for infrequent towing, and are not normally fitted with a 12-volt system
for fixtures and appliances. Once on site in the set-up mode it normally must be connected to
the local utilities. This style is normally built on a single chassis mounted on wheels. It usually
has one or more slide-outs, but when in set-up mode the gross trailer area normally does not
exceed 37.2 sq. m (400 sq. ft). It conforms to the CSA Z-240 Standard for recreational
vehicles.
Park Model Recreational Unit is a unit built on a single chassis mounted on wheels, which
may be removed and returned to the factory. The unit is designed to facilitate occasional
relocation, with living quarters for a temporary residence or seasonal use, and normally must
be connected to those utilities necessary for the operation of installed fixtures and
appliances. It normally has a floor area, including lofts, not exceeding 50 sq. m (540 sq. ft) in
the set-up mode and has a width greater than 2.6 m (8.5 ft) in the transit mode. Park Model
recreational units almost always require a special tow vehicle and a special permit to move
on the road as the width of the unit is greater than 2.6 m (8.5 ft). It conforms to the CSA Z-
241 Standard for recreational vehicles;
118.
Parking area - means the area set aside for the storage and/or parking of vehicles and include
parking stalls, loading spaces, aisles, entrances and exits to the parking area, and traffic
islands where they are part of the parking area. A parking area may be within a building;
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119.
Parking lot - means a parking area which is located on a lot and not accessory to a particular
use or development;
120.
Parking stall - means an area set aside for the parking of one (1) vehicle;
121.
Patio - is any developed surface adjacent to a building on a site which is less than 0.6 m (2.0
ft) above ground level;
122.
Permitted Use - means the use of land or a building provided for in a Land Use Bylaw for
which a development permit shall be issued with or without conditions upon application
having been made, provided that all of the regulations of this Bylaw, and all of the matters left
to the discretion or the satisfaction of the Development Authority, have been complied with
to the satisfaction of the Development Authority;
123.
Principal Building - means a building which, in the opinion of the Development Authority:
a)
occupies the major or central portion of a parcel,
b)
is the chief or main building among one or more buildings on the parcel, or
c)
constitutes by reason of its use the primary purpose for which the parcel is used;
124.
Principal Use - means the primary purpose, in the opinion of the Development Authority, for
which a building or parcel is used;
125.
Protective and emergency services - means a development where the administration of the
protection of persons and property from injury, harm or damage takes place, and where the
equipment necessary for such activities is stored, maintained, and supplied. Protective and
emergency services include police stations, detention centres, fire stations, and accessory
training facilities;
126.
Public education facility - means a development where educational, training, or instruction
occurs under the auspices of a School Division or under the auspices of an organization
authorized by the Province to provide education similar to that which would be provided by a
School Division. Public education facilities include the administration offices, storage, and
maintenance operations of the School Division. Public education facilities include public and
separate schools, community colleges, universities, technical and vocational schools, and
private academies or "charter schools", and their administrative offices and maintenance
facilities;
127.
Public Park - a development designed or reserved for active or passive recreational use,
including all natural and man-made open space and landscaping, facilities, playing fields, and
buildings that are consistent with the general purposes of recreation, whether or not such
recreational facilities are publicly operated or operated by other organizations pursuant to
arrangements with the public authority owning the public park. Public parks include tot lots,
band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds,
water features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports
fields;
128.
Public or quasi-public building - means a building which is owned or leased by a department
or agency of the federal or provincial government, or the Municipality for purposes of public
administration and services and shall also include a building for the purpose of assembly,
instruction, culture or enlightenment, or for community activities;
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129.
Public or quasi-public use - a use by a department or agency of the federal or provincial
government, or the Municipality, for public administration and services and shall also include
uses for the purpose of assembly, instruction, culture or enlightenment, or for community
related activities;
130.
Public-serving recreation area - means a campground, day use area, picnic site, lodge, hiking
and skiing trail and other similar uses as developed by either private or public interests;
131.
Public roadway - the right of way of a local road, service road, street, avenue, and/or lane,
that is publically used or intended for public use;
132.
Public use - means a building, structure or parcel used for public services by the Municipality,
by an department, commission or agency of any other municipal corporation or the
Governments of Alberta or Canada;
133.
Public utility - means a public utility as defined in the Act;
134.
Public utility building - means a building in which the proprietor of a public utility, as defined
in the Act, maintains its office or offices and/or maintains or stores any equipment used in
connection with the public utility;
135.
Real property report - means a codified standard report adopted by the Alberta Land
Surveyor's Association which contains pertinent information on a parcel and the development
which exists on the property;
136.
Rear line - the boundary line of a lot lying opposite to the front line of the lot and/or farthest
from a highway or road;
137.
Rear yard - see Yard, rear;
138.
Recreational use - means a recreational development conducted on a unified basis on a
single site where the prime reason for location may be to take advantage of natural features.
A recreational use may include the provision of day to day sporting and athletic facilities and
the structures incidental thereto such as ski slopes, golf courses, archery, racetracks, boating,
swimming, picnicking, athletic, and similar uses, and may include a refreshment stand
incidental to the primary use. However, recreational use does not include extensive
recreation, or a campground, a recreational vehicle park or a recreation camp;
139.
Recreational vehicle - means a vehicular type unit primarily designed as temporary living
quarters for recreational camping or travel use, which either has its own motor or is mounted
or drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers,
truck campers, 5th wheels, or motor homes, but not manufactured homes, a park model, a
garage package, or a cabin on any sort of transportation device such as skids or wheels up to a
maximum interior space of 75 sq. m (807.3 sq. ft). Any vehicle larger than 75 sq. m (807.3 sq.
ft) in interior space shall be considered to be a manufactured home for the purposes of this
Bylaw. A recreational vehicle may not to be used as a permanent dwelling;
140.
Recreational vehicle park - means a development on which three or more recreational
vehicles are harboured, without regard to whether a fee or charge is paid or made, and shall
include any building, structure, tent, vehicle or enclosure used or intended for use as part of
the equipment of such recreational vehicle park. A recreational vehicle park may include
within it a campground;
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141.
Recreational vehicle storage - means a development which provides fenced or indoor,
secure, on-site storage of more than two (2) recreational vehicles;
142.
Religious assembly - means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include rectories, manses,
classrooms, and dormitories. Religious assembly includes churches, chapels, mosques,
temples, synagogues, parish halls, convents and monasteries;
143.
Renovation - means an addition to, deletion from, or change to any building which does not
require a permit other than a plumbing permit or an electrical permit pursuant to the Safety
Codes Act;
144.
Rental cabin - means a one-room structure (not including a washroom, bathroom, or toilet)
intended for short term occupancy, often rented for a short period of time to the traveling or
vacationing public;
145.
Residential use - includes the occupation and use of land and buildings as dwellings, whether
on a seasonal or year-round basis;
146.
RF Technology - means technology operating in the electromagnetic radiating frequency
bands;
147.
Road - means a right-of-way on which motorized vehicles are normally allowed to operate, or
a road as defined in the Act, but does not include either a highway or a lane;
148.
Roof - means the top of any enclosure, above or within the vertical walls of a building;
149.
Sea can - means a container, including a sea/land/rail shipping container, which is generally
used as a storage vault;
150.
Secondary suite - see "Suite, Secondary"
151.
Setback - means, depending on the context of the term, the minimum horizontal distance
between buildings or a lot boundary and buildings;
152.
Sewage collection system - a privately or publicly owned system for treating sewage effluent,
recognized by the appropriate regulatory agency, consisting of either a municipal or an on-site
on-parcel sewage collection system;
153.
Sewage collection system, on parcel - a method of treating sewage effluent recognized by
the appropriate regulatory agency involving the containment of sewage effluent in an
impermeable holding tank for transfer to a central depot for decomposition;
154.
Shall - is an operative word which means the action is obligatory;
155.
Shed - is a building to be used for storage;
156.
Should - is an operative word which means that, in order to achieve local goals and objectives
it is strongly advised that the action be taken. Exceptions shall be made only under
extenuating circumstances;
157.
Side line - means the boundary line of a lot lying between a front line and a rear line of a lot.
In the case of a corner lot, the longer of the two boundary lines adjacent to the highway or
road shall be considered a side line;
158.
Side yard - see Yard, side;
159.
Sign - means any visual medium, including its structure and other component parts, used on a
permanent or temporary basis to convey information, to advertise, or to attract attention to a
product, service, place, activity, person, institution or business. Without limiting the generality
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of the foregoing, signs shall include
banners, placards, and painted
messages, but not national flags,
interior
window
displays
of
merchandise, or signs painted on
or attached to a licensed motor
vehicle;
160.
Sign area - means the total face
area of a sign intended for the letters or graphics of the message. In the case of a double-
faced sign, only half of the area of each sign face shall be used in calculating sign area;
161.
Sign, freestanding - means a sign supported by one or more uprights, braces or pylons, and
stands independently of another
structure;
162.
Sign, offsite - means a sign that
advertises
goods,
products,
services or facilities not available
on the site where the sign is
located, and which may also direct
persons to another location;
163.
Sign, temporary or portable -
means a sign on a standard or
column fixed to its own self-
contained base and capable of
being moved manually;
164.
Similar use - means a use which, in the opinion of the Development Authority, closely
resembles another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment;
165.
Site - means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin;
166.
Solar energy system - a system of one or more buildings or appurtenances to buildings
designed to convert solar energy into mechanical or electrical energy and includes solar array,
solar panels, free standing, ground and roof mounted;
167.
Solar panel, free standing - a device which is used to convert energy contained within the
sun's rays into electricity, which is not mounted or attached to any other structure for
support;
168.
Solar panel, roof mounted -a device which is used to convert energy contained within the
sun's rays into electricity, which is located, mounted, or attached to the roof of a structure;
169.
Storey - means the space between one floor of a multi-storey building and the next floor
above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A
basement shall not be considered a storey;
170.
Storey, half - means that part of any building wholly or partly within the framing of the roof,
where the habitable floor area is not more than 70% of the ground floor;
Figure 5: Freestanding Sign
Figure 6: Temporary or Portable Sign
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Figure 7: Garage Suite
171.
Structural Alteration - the addition to, deletion from, or change to any building which
requires a permit other than a plumbing permit or an electrical permit pursuant to the Safety
Codes Act;
172.
Subdivision and Development Appeal Board - means a Subdivision and Development Appeal
Board appointed pursuant to the Summer Village's Subdivision and Development Appeal
Board Bylaw and the Act;
173.
Subdivision authority - means the Subdivision Authority established pursuant to the Act
through the municipality's Subdivision Authority Bylaw;
174.
Substandard Lot - any lot which is smaller, in area or in any dimension, than the minimum
area or dimension stipulated in the regulations of the District in which the lot is located;
175.
Suite, garage - means sleeping quarters located above or within a detached garage which is
accessory to a single detached dwelling. Garage suites have an entrance which is separated
from the vehicle entrance to the detached garage, either from a common indoor landing or
directly from the exterior of the structure. Garage suites cannot contain cooking facilities and
are not to be used as rental accommodations;
176.
Suite, guest house - means an accessory building used for seasonal or part-time sleeping
accommodation and not containing cooking facilities. Guesthouses are not to be used as
rental accommodations. A single family dwelling must be constructed prior to the approval
and development of a guest house on a lot;
Figure 8: Guest House Suite
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177.
Suite, secondary - means a sleeping quarters, clearly secondary in size and within a main
dwelling, which may or may not share access to the outside and/or other facilities with the
main dwelling. It could also be called a "basement suite" or "in-law" suite. Secondary suites
cannot include cooking facilities and are not to be used as rental accommodations;
178.
Temporary development - means a development for which a development permit has been
issued and which is to exist for a limited time only and the expiry date is clearly indicated on
the development permit;
179.
Temporary dwelling - a dwelling located on a site where a permanent dwelling is under
construction. The temporary dwelling shall be removed upon completion and occupancy of
the permanent dwelling;
180.
Temporary use or building - a use or building developed on a parcel which is not permanent
in nature and can conveniently and economically be removed so as to not prejudice the
future subdivision or development of that parcel;
181.
Tented structure - means an accessory structure consisting of canvas, tarp or other similar
fabric and supported by a metal or wooden frame used for the storage of motor vehicles,
recreational vehicles or other chattels. Tented structures are to be for temporary use only;
182.
Undeveloped lot - means a lot which does not contain a residence, building or structure;
183.
Unit - other than when referred to as a dwelling unit, means an area of land or a building
designated as a unit in a condominium plan;
184.
Use - means the purpose or activity for which a site, a parcel of land, or a lot and any
buildings located on it are designed, arranged, developed, or intended, or for which it is
occupied or maintained;
185.
Wind energy conversion system, large - means one or more buildings designed to convert
wind energy into mechanical or electrical energy and which has a rated capacity equal to or
greater than 300 kW;
Figure 9: Secondary Suite
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186.
Wind energy conversion system, micro - means a small-scale wind turbine, which is small is
height and diameter and can be installed on the roof of a building or structure;
187.
Wind energy conversion system, small - refers to a wind energy conversion system (WECS)
consisting of a wind turbine, a tower, and associated control or conversion electronics, which
has a rated capacity of not more than 300 kW, and which is intended to provide electrical
power for use on-site (either behind the meter or off-grid) and is not intended or used to
produce power for resale;
188.
Wind turbine tower - refers to the guyed or freestanding structure that supports a wind
turbine generator;
189.
Wind turbine tower height - the height above grade of the fixed portion of the wind turbine
tower, excluding the wind turbine and rotor;
190.
Wireless communications facility - a facility that provides communication service using RF
technology to transmit and receive voice, picture, text and data, in either digital or analogue
form, on a system of elevating support structures. These structures include monopoles,
lattice towers (self-supported or guyed) or other configurations as well as, although not
limited to, shelters, transmitters, receivers, antennas, antenna mounts, transmission lines,
waveguides, transmission line supporting equipment and material, aeronautical obstruction
lights, antenna equipment, antenna power dividers and matching equipment, combiners and
utility power equipment, conditioners and backup power systems;
191.
Walkway - a public right-of-way for pedestrian use only, which is registered as a walkway or
as reserve;
192.
Yard - a part of a parcel upon or over which no main building is erected, unless otherwise
provided for in this Bylaw, and includes front, rear, and side yards;
193.
Yard, Front - a yard extending across the full width of a parcel from the front wall of the
main building to the front boundary of the parcel. In the case of lakefront lots, the font yard
is the area between the lakeshore property line and the wall of the main building facing the
lake;
194.
Yard, Rear - a yard extending across the full width of a parcel from the rear wall of the main
building to the rear boundary of the parcel;
195.
Yard, Side - a yard extending from the front wall of the principal building to the rear wall of
the principal building and lying between the side property lines and the principal building;
And all other words and expressions have the means respectively assigned to them in the Act.
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PART 2 ESTABLISHMENT OF DISTRICTS & REGULATIONS
2.1
Establishment of Land Use Districts
1.
For the purposes of this Bylaw, the Summer Village of West Baptiste is divided into the following
districts:
LUB Districts
R1
Residential District
RSH
Rural Small Holding District
RPL
Reserve and Public Lands District
2.
The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE DISTRICT
MAP (one map Illustrated on two pages, north and south), which is Part 10 of this Bylaw.
3.
Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE
DISTRICT MAP, the following rules shall apply:
a) Rule 1 - Where a boundary is shown as following a street or lane, it shall be deemed to
follow the centre line thereof.
b) Rule 2 - Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
c) Rule 3 - In circumstances not covered by Rules 1 and 2, the location of the district boundary
shall be determined:
i.
where dimensions are set out on the LAND USE DISTRICT MAP, by the dimensions so
set, or
ii.
where no dimensions are set out on the LAND USE DISTRICT MAP with respect to
such boundary, by measurement of and use of the scale shown on the LAND USE
DISTRICT MAP.
4.
Where the application of the above rules does not determine the exact location of the boundary
of a district, the Council, either on its motion or upon written application being made to it by
any person requesting the determination of the exact location of the boundary, shall fix the
portion of the district boundary in doubt or dispute in a manner consistent with the provisions
of this Bylaw and the degree of detail as to the measurements and directions as the
circumstances may require.
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PART 3 GENERAL ADMINISTRATION
3.1
Control of Development
1.
No development other than that designated in Section 3.3 shall be undertaken within the
municipality unless the application for it has been approved and a development permit has been
issued.
3.2
Development Not Requiring a Permit
1.
The following developments shall not require a development permit, provided they otherwise
conform to all provisions of the Land Use Bylaw:
a) The carrying out of works of maintenance or repair to any building, provided that such work
does not include structural alterations or major works of renovation that would require a
building permit;
b) The completion of a building which was lawfully under construction on the date of the first
publication of the office notice required by the Act, provided that the building is completed
in accordance with the terms of any permit granted in respect of it and subject to the
conditions to which such permit was granted and provided also that the building, whether
or not a permit was granted in respect of it, is completed within a period of twelve (12)
months from the said date of said approval;
c) The use of any building as is referred to in Section 3.3.1(b) for the purpose for which
construction was commenced;
d) The erection, construction, or maintenance, improvement or alteration of gates, fences or
walls or other means of enclosure less than 0.9 m (3.0 ft) in height in front yards or in side
yards abutting a highway or road, and less than 1.8 m (6.0 ft) in rear yards or in other side
yards, and the maintenance, improvement and other alterations of any gates, fences or
walls or other means of enclosure, unless the fencing material is razor wire or barbed wire.
An approved development permit shall always be necessary before razor wire or barbed
wire is used as a fencing material;
e) The erection or placement of a temporary building or sign, the sole purpose of which is
incidental to the erection or alteration of a building, for which a permit has been issued
under this Bylaw, provided the temporary building or sign is removed within thirty (30) days
of substantial completion or as determined by the Development Officer
f) The maintenance and repair of a street, lane or utility carried out by or on behalf of federal,
provincial and municipal public authorities on land which is publicly owned or controlled;
g) a building or structure with a floor area of under 9.3 sq. m (100.0 sq. ft) and a maximum
height of 2.5 m (8.0 ft) which is not on a permanent foundation and which satisfies all other
applicable requirements of the Land Use Bylaw;
h) the erection of campaign signs for federal, provincial, municipal or school board elections on
privately-owned lots for no more than thirty (30) days, or such time as regulated under
provincial or federal legislation provided that:
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i.
such signs are removed within fourteen (14) days after the election date,
ii.
the consent of the property owner or occupant is obtained,
iii.
such signs do not obstruct or impair vision or traffic,
iv.
such signs are not attached to fences, trees, or utility poles; and
v.
such signs indicate the name and address of the sponsor and the person responsible
for removal;
i)
the placement of one (1) sign on internal sites, or two (2) signs on corner sites advertising a
residential property for sale or rent displayed on the property to which it (or they) pertain(s)
during the time the property is being offered for sale or rent, with removal to be within one
(1) day after the sale or rental agreement has been entered into, provided that such signs
are a maximum of 0.6 sq. m (6.5 sq. ft) in area and provided further that such signs are
placed or erected no closer than 3.0 m (10.0 ft) to a road right-of-way;
j)
development within a basement which does not change or add to the uses within a
dwelling;
k) the removal of top soil in conjunction with a development for which a development permit
has been issued as per the requirements of Section 8.30 of this Bylaw;
l)
grading and/or landscaping where the proposed grades will not adversely affect the
drainage of the subject or adjacent lots, but does not include, stockpiling or excavation;
m) hard-surfacing of any yard area on a parcel for the purpose of providing vehicular access
from a public roadway to an on-site parking stall, provided that such hard-surfacing does not
drain onto adjacent properties;
n) the erection of towers, satellite dishes, electronic equipment, and other poles not exceeding
4.5 m (15.0 ft) provided that the structure is not located in a front yard or on a building or
structure;
o) the demolition or removal of any building or structure for which erection a development
permit was not required pursuant to subsections (d) through (p) above, both inclusive.
3.3
Non-Conforming Buildings and Uses
1.
A non-conforming use of land or a non-conforming use of a building may be continued, but if
that use is discontinued for a period of six consecutive months or more, any future use of the
land or building shall conform to the provisions of the Land Use Bylaw.
2.
A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and
no structural alterations may be made thereto or therein.
3.
A non-conforming use of a part of a lot may not be extended or transferred in whole or in part
to any other part of the lot, and no additional buildings may be constructed on the lot while the
non-conforming use continues.
4.
A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except:
a) To make it a conforming building;
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b) For the routine maintenance of the building, if the Development Authority considers it
neccessary;
c) In accordance with the powers possessed by the Development Authority pursuant to the Act
and Part 4 of this Bylaw to approve a development permit notwithstanding any non-
compliance with the regulations of this Bylaw.
5.
If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of
the value of the building above its foundation, the building may not be repaired or rebuilt
except in accordance with the Land Use Bylaw.
6.
The use of land or the use of a building is not affected by reason only of a change of ownership,
tenancy or occupancy of the land or the building.
3.4
Development Approval Authorities
1.
For the purposes of this Bylaw, the Development Authority shall be the person or persons
appointed to be the Development Authority pursuant to the municipality's Development
Authority Bylaw, with their duties and responsibilities that are specified in this Bylaw.
2.
For the purposes of the Act, the Development Officer is hereby declared to be a Designated
Officer for the purposes of Section 210 of the Act.
3.
The Development Authority shall:
a) receive, consider and decide on development permit applications;
b) Keep and maintain for the inspection of the public during all reasonable hours a copy of this
Bylaw and all amendments thereto,
c) To keep and make available for inspection by the public a register of all applications for
development permits and the decisions made thereof;
d) Ensure that copies of this Bylaw can be purchased by the public at a reasonable cost;
e) Collect fees according to the governing Land Use Bylaw Fee Schedule as amended from time
to time by resolution of Council; and
f) Perform such duties as established to enforce this Bylaw in conformance with the Act.
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PART 4 DEVELOPMENT APPLICATIONS
4.1
Application for Development
1.
An application for development permit shall be completed and submitted to the Development
Officer in writing, in the form required by the Development Authority, and shall be accompanied
by:
a)
a non-refundable application fee established by Council;
b)
a site plan showing:
i.
front, side and rear yards;
ii.
north point;
iii.
legal description of the property;
iv.
access and egress points to the property; and
v.
the location and dimensions of existing and proposed municipal and private local
improvements, principal building and other structures including accessory buildings,
garages, carports, fences, driveways, paved areas, and major landscaped areas
including buffering and screening areas where provided;
c)
a statement of the proposed use(s) or occupancy of all parts of the land and buildings, and
such other information as may be required by the Development Officer; and
d)
a statement of ownership of the land and the interest of the applicant therein.
2.
In making a decision, the Development Officer may also require additional information in order
to assess the conformity of a proposed development with this Bylaw before consideration of the
development permit application shall commence. Such information may include:
a)
the location of existing and proposed municipal and private storm and sanitary sewage
collection and disposal, and water supply and distribution utilities, landscaped areas and
buffering and screening;
b)
the height and horizontal dimensions of all existing and proposed buildings;
c)
outlines of roof overhangs on all buildings;
d)
existing and proposed elevations on the site and on adjacent sites, roads and lanes;
e)
post construction site and building elevations;
f)
floor plans, elevations and sections of any proposed buildings, including the lowest floor
elevation in either the basement or on the main floor in the principal and accessory
buildings;
g)
landscaping plans, including the location of existing and proposed trees, shrubs, grassed
areas, fences, screenings, and outdoor furniture on the site and on adjacent boulevards
within road rights-of-way;
h)
drainage plans;
i)
in a Residential District, the suggested location for a future driveway and garage or carport,
if the application itself does not include such buildings as part of the proposal;
j)
future development plans for a site which is to be partially developed through the
applicable development permit;
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k)
in the case of a proposed home occupation, information concerning the number of
employees, the location of any goods to be kept or stored, and an estimate of the number
of client visits to be expected to the site each week;
l)
any other information or tests required by the Development Authority, at their discretion,
respecting the site or adjacent lands, including an environmental screening of the site,
geotechnical reports and/or flood hazard mapping;
m) a statutory declaration indicating that the information supplied is accurate; and
n)
for a moved in (relocated) building or a the applicant may be required to submit pictures of
the exterior of the structure which provide information relating to the age and condition of
the building and its compatibility with the District in which it is to be located.
3.
In addition to the information requirements indicated above, an application for a development
permit for the excavation, or stripping of land that is proposed without any other development
on the same land, may include with the application, the following information:
a)
location and area of the site where the excavation is to take place,
b)
existing land use and vegetation,
c)
the type and dimensions including average depth of the excavation to be done, and the
potential, if any, to affect existing drainage patterns on and off the site,
d)
the depth and variation in depth of groundwater encountered in test holes, if required at
the discretion of the Development Authority,
e)
identification of potential for outdoor noise and the discharge of substances into the air,
f)
the condition in which the site is to be left when the operation is complete, including the
action which is to be taken for restoring the condition of the surface of the land to be
affected, and for preventing, controlling or lessening erosion or dust from the site,
g)
an indication of all municipal servicing costs associated with the development, and
h)
the proposed haul route, dust control plan and expected hours of operation.
4.
In addition to the information requirements indicated above, each application for a sign may be
accompanied by additional information at the discretion of the Development Authority.
5.
In addition to the information requirements indicated above, the Development Authority may
also require any phase of an environmental assessment to determine the possible
contamination of the subject site and the mitigating measures necessary to eliminate such
contamination. Alternative to or in addition to the foregoing, the Development Authority may
require a biophysical assessment to determine the potential effects of a proposed development
on the natural environment, and the measures necessary to mitigate such effects.
6.
At the sole discretion of the Development Authority, any new development within an existing
subdivision may be required to provide to the Development Authority, for approval, an
elevation plan of the subject site which indicates where the storm water is to be directed. Storm
water from the subject site is not to be directed onto adjoining properties unless appropriate
drainage easements or rights-of-way are in place. If the applicant for a development permit
indicates that the municipality is to verify compliance with the elevation and/or storm water
management plan, the cost to verify that the lot grades have been completed according to the
plan shall be included in the cost of the development permit.
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7.
The Development Authority may refer any application for a development permit to any
municipal, provincial or federal department, or any other person or agency considered affected
by the Development Authority for comments and recommendations.
8.
When, in the opinion of the Development Authority, sufficient details of the proposed
development have not been included with the application for a development permit, the
Development Authority may, at its sole discretion, either return the application to the applicant
for further details or make a decision on the application with the information it has available. A
returned application shall be deemed to not have been submitted until all required details have
been provided to the satisfaction of the Development Authority.
9.
The Development Authority may refuse to accept an application for a development permit if the
application is for a similar development on the same property as a development permit which
has been applied for and refused by the Development Authority or the Subdivision and
Development Appeal Board within the last six (6) months.
10.
Where a development permit for an accessory building has been applied for before a main
building or main use has been developed on a lot, the applicant must provide a site plan which
identifies the proposed location for the main building or main use on the lot as part of the
application.
4.2
Decision
1.
An application for development permit shall be considered by the Development Authority who
shall:
a)
approve, with or without conditions, an application for a permitted use where the
proposed development conforms to this Bylaw, or
b)
approve, with or without conditions, or refuse an application for a discretionary use, or
c)
refuse an application for a use which is neither a permitted nor a discretionary use.
2.
In making a decision, the Development Authority may also impose such conditions as are
required to ensure compliance with this Bylaw including both the verification by either an
official appointed by the municipality or by certification by either an engineer, an architect, or
an Alberta Land Surveyor that the measures indicated within the various elements of
information provided with the application, including any mitigative or elimination measures, as
described through the information provided pursuant to Section 4.1, have been completed or
will be undertaken, as appropriate, in accordance with the Development Authority's approval.
3.
The Development Authority may require that as a condition of issuing a development permit,
the applicant enter into a development agreement with the Municipal Council to do all or any of
the following to construct or pay for the construction of roads, pedestrian walkways or parking
areas which serve the development or which connect the walkway with another walkway
system that serves or is proposed to serve an adjacent development, to install or pay for the
installation of public utilities other than telecommunications systems or works, to pay an off-site
levy, and/or to give security to ensure that the terms of the agreement noted herein are carried
out.
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4.
At the discretion of the Summer Village, a development agreement may be registered by caveat
under the Land Titles Act against the Certificate of Title for the subject property. The Summer
Village will discharge this caveat once the agreement has been complied with.
5.
The Development Authority may also require that as a condition of issuing a development
permit, all requirements of this Bylaw and of Provincial regulations be met, and that any further
development on the subject site require a development permit.
6.
In the case where a proposed specific use of land or a building is not provided for in any District
in the Bylaw, the Development Authority may determine that such use is similar in character
and purpose to a permitted or discretionary use prescribed for a particular District.
7.
The Development Authority may approve an application for a development permit even though
the proposed development does not comply with the regulations of this Bylaw, or if the
development is to be a rebuilding, an enlargement, an addition, or a structural alteration of a
non-conforming building, if, in the opinion of the Development Authority:
a)
the proposed development would not:
i.
unduly interfere with the amenities of the neighbourhood, or
ii.
materially interfere with or affect the use, enjoyment or value of neighbouring parcels
of land, and
b)
the proposed development conforms with the use prescribed for that land or building in
this Bylaw.
8.
An application for a development permit shall, at the option of the applicant, be deemed to be
refused when a decision thereon is not made by the Development Authority within forty (40)
days after receipt of the application by the Development Authority. The person claiming to be
affected may appeal in writing as provided for in Part 5 of this Bylaw as though he has received a
refusal at the end of the forty (40) day period specified in this subsection.
9.
A Development Authority may suspend or revoke a development permit at any time:
a)
where the permit was issued on the basis of incorrect information, fraud, non-disclosure, or
misrepresentation on the part of the applicant; or
b)
where the permit was issued in error.
10.
Where a development permit application in a land use district is for a temporary development,
the Development Authority:
a)
may consider and decide upon a development for a specific period of time, not exceeding
one year;
b)
shall impose a condition on such a permit that the municipality is not liable for any costs
involved in the cessation or removal of the development at the expiration of the time
period stated in the permit; and
c)
may require the applicant to post acceptable security guaranteeing the cessation or
removal of the development to the greater of 25% of the value of the structure or $1,000.
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4.3
Development Permits and Notice
1.
Prior to an application being considered for a discretionary use or pursuant to Section 4.2.7, the
Development Authority shall require, as a condition prior to consideration of the application,
that the applicant display for no less than seven (7) days in a conspicuous place on the parcel
(and no further from the street or streets abutting the parcel than the Development Officer
directs), a notice or notices setting out the proposed use in a form prescribed by the
Development Authority.
2.
The Development Authority shall require, as a condition of any permit granted, that the
applicant display for no less than fourteen (14) days after the permit is issued, in a conspicuous
place on the parcel or on streets abutting the parcel, a notice setting out the proposed use in a
form prescribed by the Development Authority.
3.
Except for those permits described in Section 4.3.3 hereof, a permit granted pursuant to this
Part does not come into effect until fifteen (15) days after the date that notice of an order,
decision, or development permit is received. For the purposes of this Bylaw, notice is deemed
to be received on the fifth day after the date of the issuance of the order, decision, or permit.
Any development proceeded with by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
4.
Where an appeal is made pursuant to Part 5 of this Bylaw, a development permit which has
been granted shall not come into effect until the appeal has been determined and the permit
has been confirmed, modified or nullified thereby.
5.
When a permit has been issued for the development of a permitted use, and no provisions of
this Bylaw have been relaxed or varied, no mail notification shall be given of the decision except
to the applicant. However, notice of the decision will be posted in the Village Office.
6.
When a permit other than a permit described in Part 4 hereof has been issued, the
Development Authority shall immediately mail a notice in writing to all assessed owners of
properties within a 30.5 m (100 ft) radius of the subject property. This notice shall indicate:
a)
the date the development permit was issued, and
b)
that an appeal may be made by any person affected by the decision by serving written
notice of the appeal to the Subdivision and Development Appeal Board within fourteen (14)
days after the date the development permit was issued.
7.
If the development authorized by a permit is not commenced within twelve (12) months from
the date of the date of the issue of the development permit, and completed within twelve (12)
months of the commencement of the development, the permit is deemed to be void, unless an
extension to this period is granted by the Development Authority.
8.
A decision of the Development Authority on an application for a development permit shall be
given in writing and a copy of it sent to the applicant.
9.
When the Development Authority refuses an application for a development permit, the decision
shall contain reasons for the refusal.
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PART 5 DEVELOPMENT APPEALS
5.1
Appeal Procedure
1.
The Subdivision and Development Appeal Board, as established by Village Bylaw, shall hear and
make a decision on an appeal where a Development Authority:
a) Refuses or fails to issue a development permit to a person within 40 days of receipt of the
application or prior to the expiry date of an agreement between the applicant(s) and the
Development Officer to extend the 40-day period herein described; or
b) Issues a development permit subject to conditions; or
c) Issues a development permit for a discretionary use, or for a permitted use where a
variance is granted, pursuant to this Bylaw; or
d) Issues a refusal; or
e) Issues an order under Part 7 of this Bylaw.
2.
Any person applying for a permit or affected by an order may appeal to the Subdivision and
Development Appeal Board.
3.
Notwithstanding subsection (1) above, no appeal lies to any person except the applicant, in
respect of the issuance of a development permit for a permitted use unless the provisions of
this Bylaw were relaxed, varied or misinterpreted.
4.
An appeal shall be made by serving a writing notice of appeal and submitting the applicable fee
to the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days
after:
a) The date the order, decision or permit issued by the Development Officer was publicized in
accordance with this Bylaw, or
b) The 40 day period referred to in Part 4 of this Bylaw has expired.
5.
Appeal fee:
a)
Each notice of appeal shall be accompanied by a fee set by Council.
b)
If the appeal is upheld, the Subdivision and Development Appeal Board may determine that
the whole or part of the appeal fee be returned to the appellant.
5.2
Appeal Hearing
1.
Within 30 days of receipt of a notice of appeal, the SDAB shall hold an appeal hearing respecting
the appeal.
2.
The SDAB shall give at least five days' notice in writing of the appeal hearing to:
a) The appellant;
b) The Development Authority from whose order, decision or development permit the appeal
is made;
c) Those adjacent landowners who were notified this Bylaw and any other person who, in the
opinion of the SDAB, is affected by the order, decision or permit; and
d) Such other persons as the SDAB specifies.
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3.
The SDAB shall make available for public inspection before the start of the appeal hearing all
relevant documents and materials respecting the appeal including:
a) The application for the development permit, its refusal, and the appeal therefrom; or
b) The order of the Development Authority;
as the case may be.
4.
At the appeal hearing referred to in Section 5.2, the SDAB shall hear:
a) The appellant, or any person acting on his or her behalf;
b) The Development Officer, from whose order, decision or development permit the appeal is
made, or if a person is designated to act on behalf of the Development Officer, that person;
c) Any other person who was served with notice of the hearing and who wishes to be heard or
a person acting on his behalf; and
d) Any other person who claims to be affected by the order, decision, permit or approval, and
who the SDAB agrees to hear or a person acting on behalf of that other person.
5.3
Appeal Decision
1.
The Subdivision and Development Appeal Board shall give its decision in writing together with
reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing.
2.
If the decision of the Development Authority to approve a development permit application is
reversed by the Subdivision and Development Appeal Board, the development permit shall be
null and void.
3.
If the decision of the Development Authority to refuse a development permit application is
reversed by the Subdivision and Development Appeal Board, the Development Authority shall
forthwith approve the development permit application in accordance with the decision of the
Subdivision and Development Appeal Board.
4.
If the decision of the Development Authority to approve a development permit is varied by the
Development Appeal Board, the Development Authority shall forthwith approve the
development permit application in accordance with the decision of the Subdivision and
Development Appeal Board.
5.
The Subdivision and Development Appeal Board may approve an application for a development
permit notwithstanding that the proposed development does not comply with this Bylaw if, in
the opinion of the Subdivision and Development Appeal Board:
a)
the proposed development would not:
i.
unduly interfere with the amenities of the neighbourhood; or
ii.
materially interfere with or affect the use enjoyment or value of neighbouring
properties; and
b)
the proposed development does conform with the use prescribed for the land or building in
this Bylaw.
6.
A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An
application for leave to the Court of Appeal shall be made:
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a)
to a judge of the Court of Appeal; and
b)
within thirty (30) days after the issuance of the order, decision, permit or approval sought
to be appealed.
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PART 6 BYLAW AMENDMENTS
6.1
Application to Amend the Bylaw
1.
Council may at any time amend or repeal this Bylaw by directing the Development Authority to
initiate an amendment.
2.
A person may apply to have this bylaw amended, by applying in writing to Council, furnishing
reasons in support of the application and paying the fee required.
3.
All applications for amendment of the Land Use Bylaw shall be made to Council and shall be
accompanied by the following:
a) a statement of the specific amendment requested;
b) the purpose and reason for the application;
c) if the application is for a change of district, the legal description of the lands, or a
plan showing the location and dimensions of the lands;
d) the applicant's interest in the lands;
e) an application fee to be determined by resolution of Council;
f) the cost of advertising for the public hearing; and
g) such other information as the Development Authority or Council deems necessary
to assess the motive of the application.
4.
Upon receipt of an application for amendment to this Bylaw, the Development Authority shall
determine when the application will be placed before the Council and shall issue not less than
ten (10) days' notice to the applicant advising that he/she may appear before Council at that
time, and speak to the application. An application for amendment shall be placed before the
Council within sixty (60) days of its receipt by the Development Authority.
5.
Council, during deliberation of the Bylaw amendment application, may refer the application to
such agencies as considered necessary for comment.
6.
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
7.
All costs incurred by the municipality during the processing of an amendment shall be borne by
the applicant.
6.2
Public Hearing and Decision
1.
The Council, in considering an application for an amendment to this Land Use Bylaw, may at its
sole discretion:
a)
refer the application for further information; or
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b)
pass first reading to a bylaw to amend this Land Use Bylaw, with or without modifications;
or
c)
pass first reading of an alternate amendment to this Land Use Bylaw; or
d)
call a public hearing prior to giving first reading to a bylaw to amend this Land Use Bylaw.
2.
All amendments to this Bylaw shall be made by Council by Bylaw and in conformance with the
requirements the Municipal Government Act with regard to the holding of a public hearing.
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PART 7 ENFORCEMENT
7.1
Contravention and Penalties
1.
Where the Development Officer finds that a development or use of land or buildings is not in
accordance with:
a) The Municipal Government Act; or
b) A development permit or subdivision approval; or
c) This Land Use Bylaw;
The Development Officer may, by notice in writing, order the registered owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all or any
of them, to:
i.
Stop the development or use of the land or building in whole or in part as directed by
the notice; or
ii.
Demolish remove, or replace the development; and/or
iii.
Take such other measures as are specified in the notice
so that the development or use of the land or buildings is in accordance with the Municipal
Government Act, the regulations, a development permit, subdivision approval, or this Bylaw as
the case may be.
2.
Where a person fails or refuses to comply with an order directed to him or her under subsection
1 or an order of the SDAB within the time specified, the Development Authority may, in
accordance with the Municipal Government Act, enter upon the land or building and take such
action as is necessary to carry out the order.
3.
Where the Development Authority carries out an order, Council shall cause the costs and
expenses incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same manner as taxes
on land.
4.
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an
offence and is liable upon summary conviction to a fine not exceeding $10,000.00 or to
imprisonment for not more than one year, or to both fine and imprisonment, pursuant to the
Act.
5.
The Development Officer may suspend or revoke a development permit which has not been
complied with following notification, stating the reasons for such action.
6.
In addition to the process and penalties described above, the Development Authority or any
other person identified as a designated officer by the Council for the purposes of this Section
shall be authorized to issue violation tickets in respect to any contravention of this Bylaw.
7.
Violation Tickets
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a)
The Development Authority or any other person identified as a designated officer by the
Council for the purposes of this Section may issue a violation ticket to any person alleged to
have breached any provision of this Bylaw.
b)
The violation ticket shall specify the alleged offence committed by the person to whom the
violation ticket is issued and require payment, within 21 days from the date of issue of the
violation ticket, of a fine to the Summer Village.
c)
Persons contravening any provision of this Bylaw to whom violation tickets are issued shall
be liable for a penalty of $50.00 for a first offence and $100.00 for a second or subsequent
offence. Each day that a breach of the Bylaw has occurred may be considered to be a
separate offence.
d)
The violation ticket shall be served upon the alleged offender personally or by single
registered mail. If payment is made within the time limit, then such payment shall be
accepted in lieu of prosecution for the offence.
e)
If a person who has been served with a violation ticket fails to pay the fine specified
therein, then the right of the alleged offender to settle the alleged offence without a court
appearance shall no longer apply and prosecution for the alleged offence shall proceed.
f)
If the person who was served with the violation ticket is thereafter prosecuted and
convicted of the offence specified in the violation ticket, the fine imposed shall not be less
than $125.00, plus court costs, for each offence.
g)
If a violation ticket has been issued with respect to a development which has occurred
without an approved development permit, all fines indicated above shall be doubled.
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PART 8 GENERAL REGULATIONS
8.1
Accessory Buildings and Uses
1.
The siting of an accessory building on an irregularly shaped parcel shall be as approved by the
Development Officer.
2.
Where a building is attached to the main building on a site by its roof, an open or enclosed
structure, a floor or a foundation, it is considered to be a part of the main building and is not an
accessory building.
3.
Accessory buildings shall not be constructed or placed within required yards and setbacks as
established in the relevant district.
4.
The total floor area of all accessory buildings shall not exceed 12 percent of the site area.
5.
The total floor area for all buildings shall not exceed 40% of the area of the parcel.
6.
An accessory building shall not be located closer than 2.13 m (7.0 ft) to a main building.
7.
An accessory building shall not be located in the front yard of a lakefront lot. In the case of
backshore lots, a garage may be permitted in the front yard provided it is not located within the
required front yard or side yard setbacks from the principal building.
8.
In the case of other parcels, all accessory buildings shall be located in the rear yard and in the
rear half of the parcel.
9.
A boathouse on a lakefront parcel will be located to the satisfaction of the Development
Authority.
10.
All accessory buildings shall be fixed to the ground, or on a foundation.
11.
An accessory building shall be not more than 4.57 m (15 ft) high unless a development permit
has been approved for a garage suite. The maximum height of the garage suite shall be 7.31 m
(24 ft) in height.
12.
Suites may contain bathroom and recreation areas in addition to sleeping accommodation,
without being considered and evaluated as the principle residential building. No kitchen facilities
may be located within a suite.
13.
An accessory building shall not be used as a dwelling.
14.
All accessory buildings shall be constructed of materials that blend harmoniously with the main
building on the lot.
15.
At the discretion of the Development Authority, a maximum of one (1) temporary, portable
structures or recreational vehicle may be placed on a lot before a principal building or a main
use is developed on the lot during construction of the principal building.
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Figure 10: Backshore and Lakefront Lot Siting
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8.2
Amateur Radio Antennas
1.
Amateur radio antennas shall only be allowed as accessory developments.
2.
An amateur radio antenna shall conform to the following provisions:
a)
it shall be installed according to the manufacturer's specifications;
b)
it shall be located in the rear yard;
c)
it shall conform to the height regulations in the district in which the antenna is located;
d)
it shall not be illuminated or have any signs affixed thereto; and
e)
at the discretion of the development authority, it shall be adequately buffered from
adjacent land uses.
8.3
Building Appearance and Exterior Finish
1.
The design and appearance of any proposed building or structure must be acceptable to the
Development Officer, who shall have due regard for the amenities and character of existing
development.
2.
The design, character and appearance of all buildings shall:
a)
be compatible with other buildings in the vicinity unless the building is setting a new
standard for the District in which it is located,
b)
be suited to the purpose of the District in which it is located, and
c)
comply with the provision of any statutory plan applicable to the design, character or
appearance of the building.
3.
Unless forming part of a single project which has been designed and approved under one
development application, no single family dwellings of identical or, in the opinion of the
Development Authority, similar roof or front elevations and fronting on either side of a road,
shall be located adjacent to each other.
8.4
Development on Corner Lots
1.
On corner lots in any district, no fence, wall, tree, bush structure or thing more than 0.9 m (3 ft)
in height shall be erected, placed or maintained within the triangular area formed by the
intersecting boundary lines of the lot adjacent to the highway, or road and a straight line joining
points on those boundary lines 6 m (19.6 ft) from their intersection. (See Figure 8).
2.
On corner lots in any district, no fence, wall, tree, bush structure or thing more than 0.9 m (3 ft)
in height shall be erected, placed or maintained within the triangular area formed by the
intersecting boundary lines of the lot adjacent to two lanes or a lane, a road and a straight line
joining points on those boundary lines 4.5 m (14.8 ft) from their intersection (See Figure 8).
3.
Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority
may require that a development on a corner site or on a double fronting site provide two
minimum required front yards, after having regard to the orientation of adjacent lots and to the
location of accesses to the development.
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4.
Notwithstanding any other
provision of this Bylaw to the
contrary, where a second
minimum front yard is not
required on a corner site, the
minimum required side yard on
the side adjacent to the road shall
not be less than 4.5 m (14.7 ft).
5.
Notwithstanding Subsection (3),
features under 0.5 m (1.65 ft)
above grade may project to the
side line where a second
minimum front yard is not
required on a corner site.
8.5
Development on Lands Containing a High-Water Table
1.
Residential development or any development generating sewage effluent shall not occur on
lands containing a high water table unless and until satisfactory arrangements are made to
provide adequate fill or trenching so as to lower the water table to a suitable level. In this
respect, the Development Authority may require testing to confirm that the water table has
been suitable lowered.
2.
The Development Authority may refer to Alberta Environment and Parks or other applicable
provincial agency, for their comments prior to issuing a development permit for filling or
trenching or for assistance in assessing any water table results.
8.6
Development on Hazardous Lands
1.
It is the responsibility of the developer to provide adequate protection against flooding,
subsidence and slumping. The developer shall be responsible to engage such professional
assistance as is determined necessary by the Development Authority to protect any
development.
2.
Development permit application for lands with a gross slope of greater than 15% shall be
accompanied by a parcel plan designed and stamped by a professional engineer.
3.
The Development Authority may consult with Alberta Environment and Sustainable Resource
Development, or other applicable Provincial agency, to assist in determining high-water marks,
floodplain area, banks and the like of the lake or its tributaries.
4.
Lands Subject to Flooding or Subsidence
a)
Notwithstanding that a proposed development conforms in all respects with this Bylaw,
where the application is for development on lands that are or may be subject to flooding or
subsidence, or in an area potentially subject to a 1:100 year flood, the Development
Authority shall not approve a development permit unless the applicant can demonstrate
that preventive engineering and construction measures can be instituted to make the site
Figure 11: Development on Corner Lots
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suitable for the proposed development or to protect the development from the potential
flooding hazard.
b)
If a development is subsequently approved in such an area, the developer shall be required
to implement the preventive measures referred to in Subsection (a) above, and agree
within an agreement that can be caveated against the titles of the affected lands, that he
and/or any subsequent landowners shall be responsible for any damage or loss caused by
flooding or subsidence.
5.
The Development Authority may impose conditions on the approval of a development permit
requiring the retention of trees, or additional planting of such a type and extent that is
considered necessary.
8.7
Drainage
1.
Any landscaping or topographic reconstruction shall be such that the finished surface contours
do not direct surface drainage onto an adjoining lot.
8.8
Driveways
1.
A development permit shall be required for a new driveway.
8.9
Dwelling Units on a Parcel
1.
The maximum number of dwelling units allowed on a parcel of land shall be one (1).
2.
Notwithstanding subsection (1) on lots in the RSH District which contain, as of the date of
approvalof this Bylaw, a second dwelling unit, the additional dwelling unit (including kitchen
facilities) shall be permitted.
8.10
Existing Sub-Standard Lots
1.
Development on existing substandard lots may be allowed by the Development Authority.
Compliance with the Alberta Safety Codes Act and any applicable Provincial Board of Health
Regulations shall be required.
8.11
Fences, Walls and Hedges
1.
Notwithstanding any regulation respecting required yards to the contrary in this Bylaw, a fence
or hedge may be constructed along a boundary line of a lot.
2.
No fence, wall or hedge in the Residential District shall be:
a)
Higher than 1.8 m (6 ft) in side yards and rear yards, such height to be measured as the
average elevation from the ground at the fence or wall unless otherwise provided in this
Bylaw; or
b)
Higher than 0.9 m (3.0 ft) in front yards, except in the case of a corner lot, the side yard
adjacent to the road shall be deemed to be a front yard for the purpose of this subsection;
or
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c)
Higher than 0.9 m (3.0 ft) within 6 m (20 ft) of the intersection of roads.
d)
Higher than 0.9 m (3.0 ft) within 4.5 m (14.8 ft) of the intersection of lanes, roads, or any
combination of them.
3.
Neither razor wire nor barbed wire shall be allowed within the Residential Districts.
4.
Razor wire and barbed wire shall not be used in the municipality without a development permit
having been issued to allow its use.
5.
Electrified or barbed wire fences may be approved at the discretion of the Development
Authority but shall not be approved under any circumstances in the residential districts.
Figure 12: Fences, Walls and Hedges
8.12
Home Occupations
1.
All Development permits issued for home occupations and professional offices shall be
revocable at any time by the Development Authority, if in its opinion the use is or has become
detrimental to the amenities of the neighbourhood in which it is located.
2.
A minor home occupation shall comply with the following regulations:
a)
A minor home occupation shall not employ any person on-site other than a resident of the
dwelling.
b)
No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot on which the minor home
occupation is located shall be produced by the home occupation.
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c)
There shall be no outdoor business activity, or outdoor storage of material or equipment
associated with the minor home occupation allowed on the site. Storage related to the
minor home occupation shall be allowed only in either the dwelling or accessory buildings.
d)
Up to ten (10) business visits per week are allowed.
e)
Exterior alterations or additions to accommodate a minor home occupation shall not be
allowed.
f)
No more than one (1) commercial vehicle up to but not exceeding a gross vehicle weight of
4,800 kg (10,560 lbs.), to be used in conjunction with the major home occupation, shall be
parked or maintained on the site in a Residential District. The parking space for the
commercial vehicle shall be adequately screened and sited behind the principal building to
the satisfaction of the Development Authority.
g)
There shall be no exterior signage, display or advertisement other than a business
identification sign, the size of which shall be entirely at the discretion of the Development
Authority.
3.
A major home occupation shall comply with the following regulations:
a)
The number of non-resident employees working on-site shall not exceed two (2) on-site,
non-occupant employees.
b)
Up to eight (8) business visits per day are allowed.
c)
No more than one (1) commercial vehicle up to but not exceeding a gross vehicle weight of
4,800 kg (10,560 lbs.), to be used in conjunction with the major home occupation, shall be
parked or maintained on the site in the Residential District. The parking space for the
commercial vehicle shall be adequately screened and sited behind the principal building to
the satisfaction of the Development Authority.
d)
Any interior or exterior alterations or additions to accommodate a major home occupation
may be allowed at the discretion of the Development Authority, as along as such alterations
comply with this Bylaw and the Alberta Safety Codes Act and the regulations made
thereunder.
e)
There shall be no exterior signage, display or advertisement other than a business
identification sign, the size of which shall be entirely at the discretion of the Development
Authority.
4.
All home occupations shall comply with the following requirements:
a)
In addition to a development permit application, each application for a minor home
occupation or a major home occupation shall be accompanied by a description of the
business to be undertaken in the dwelling, an indication of the anticipated number of
business visits per week, and details for the provision of parking along with other pertinent
details of the business operation.
b)
When a development permit is issued for a home occupation, such permit shall be
terminated should the applicant vacate the property for which the permit has been issued.
c)
A minor or major home occupation shall not occupy more than 20% of the floor area of the
main dwelling or 35 sq. m (375 sq. ft), whichever is the lesser.
d)
Home occupations shall not involve:
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i.
activities that use or store hazardous material in quantities exceeding those found
in a normal household; or
ii.
any use that would, in the opinion of the development authority, materially
interfere with or affect the use, enjoyment, or value of neighbouring properties.
5.
A permit issued for a home occupation is valid for one (1) year or longer as determined by the
Development Authority. It is the obligation of the developer to seek renewal of a development
permit prior to the expiry of the time period for which the initial permit was issued. The
Development Authority shall consider the renewal on its merits.
6.
A stop order may be issued at any time if, in the opinion of the Development Authority, the
operator of the home occupation has violated any provisions of this Bylaw or conditions of the
approval of the development permit and complaints based on the operation of the home
occupation have been received.
8.13
Keeping of Domestic Pets and Livestock
1.
The keeping of domestic pets and animals in the Residential District shall be in accordance with
the following, without the need to obtain a development permit:
a)
No animals other than domestic pets shall be allowed in the Residential District.
b)
The total number of domestic pets per lot shall not exceed six (6) of which not more than
three (3) shall be dogs or any other single species.
c)
The keeping of domestic pets not in accordance with this Section shall require a
development permit.
8.14
Landscaping
1.
Landscaping and planting must be carried out within a reasonable time period and shall be to
the satisfaction of the Development Authority. Residential lots are to be kept free from
extensive weed growth.
2.
The Development Authority may require, as a condition of the approval of a development
permit, the preparation and implementation of a landscaping plan.
3.
A landscaping plan shall contain the following information for the site and adjacent boulevards:
a)
all physical features, existing or proposed, including shrubs, trees, flower beds, berm
contours, walls, fences, outdoor furniture, surface utilities, and decorative paving; and
b)
all shrubs and trees, whether existing or proposed labeled by their common name and size.
4.
The Development Authority may impose conditions requiring the retention or removal of trees,
as well as additional tree planting.
5.
A garbage collection area, an open storage area, or an outdoor service area which is visible from
an abutting site in a residential district, or from a public roadway other than a lane, shall be
fenced or have a screen planting. The location, length, thickness and height of such fence or
screen planting shall be in accordance with the landscaping plan as approved by the
Development Authority. Such fence or screen planting shall be maintained to provide effective
screening from the ground to a height of 1.8 m (6 ft).
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8.15
Moved-In Buildings
1.
The movement of any building onto a lot, whether permanently or for a specific period of time,
and whether or not the building is portable or can easily be removed from the lot, shall require
an approved development permit.
2.
Any person making application to move an existing building onto a parcel as a main or accessory
building shall:
a)
make the usual application for development permit;
b)
provide photographs of the building showing each elevation and the general condition of
the building; and
c)
state the present location and use of the building.
3.
The Development Authority may, at his or her discretion, inspect the building, or cause the
building to be inspected by a person he or she appoints, and shall determine the suitability of
the building for the proposed use.
4.
The Development Authority may, at his or her discretion, require that certain works of structural
alterations, repair or maintenance of the building and preparation of the proposed parcel be
carried out as a condition of the issuance of the permit.
5.
If these works are to be done after the building is moved onto the proposed parcel, the
Development Authority may require that a performance bond be posted, substantially equal to
the cost of the necessary works. The bond shall be released upon satisfactory completion of the
work, but shall be forfeited if the work is not done within a time frame established through the
development permit, and not usually to exceed one (1) year.
6.
Any travel or other costs incurred by the Development Authority in processing a development
permit for a moved-in building shall be added to the fee for the development permit.
7.
Any renovations and any conditions imposed by the Development Authority to a moved-in
building shall be completed within one (1) year of the issuance of the development permit. Non-
compliance shall result in the forfeiture of the performance bond or letter of credit.
8.
When reviewing development permit applications for moved-in buildings, the Development
Authority shall consider the impact of the proposed moved-in building on the aesthetics and
value of the adjoin properties.
9.
In the case of a building to be relocated, it shall, in the opinion of the Development Authority, be
compatible, with respect to age and appearance, with the buildings in the receiving
neighbourhood once all required renovation and improvements have been completed.
8.16
Municipal Services, Sanitary Facilities & Road Availability
1.
All buildings to be used as a dwelling unit shall be provided with sanitary facilities to the
satisfaction of the local Health Authority.
2.
A development permit shall not be valid for a proposed use without the necessary approvals
respecting the proposed type of sanitary facilities required by Provincial regulation.
3.
A development permit shall not be issued for residential, recreational, commercial or industrial
uses unless the Development Authority is satisfied that water supplies of sufficient quality and
quantity are available to support existing and proposed development.
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4.
A development permit shall be required for construction of a sewage collection system.
5.
No development permit shall be issued for any building or use unless and until the Development
Authority is satisfied that the sewage collection system is satisfactory.
6.
Every residential dwelling shall provide an on-parcel sewage collection system consisting of a
sealed impermeable holding tank.
7.
All private sewage disposal systems must meet current Alberta Private Sewage Systems
Standard of Practice and be installed by a certified installer.
8.
All wells and potable water cisterns shall require a development permit and shall be excavated
in conformance with the Alberta Building Code and all such other regulations which may apply
to their construction.
9.
No development shall take place and no development permit shall be approved unless the lot
on which the development is to take place has direct access to a developed, all-weather road
constructed to municipal standards or better. Alternatively, the Development Authority may
establish as a condition of approval that an all-weather road be constructed by the
developer/landowner to municipal standards or better from the nearest such road to the lot.
10.
Where any on-parcel services or improvements, or any off-parcel local improvements are
required to service a proposed development, a person shall not begin the excavation for the
foundation nor commence the development until the Development Authority is satisfied that
such services or improvements will be undertaken.
8.17
Noise
1.
No use or operation shall create noise levels which exceed those measures prescribed in
municipal bylaws.
8.18
Objects Prohibited or Restricted in Yards
1.
No Person shall keep in their yards:
a)
Any unlicensed, dismantled, wrecked or dilapidated vehicle for more than 14 consecutive
days;
b)
Any fur bearing animal, fowl or livestock other than domestic pets;
c)
Any excavation, storage or piling up of materials required during the construction stage
unless all necessary safety measures are undertaken; the owner of such materials or
excavation assumes full responsibility to ensure the situation does not prevail any longer
than reasonably necessary to complete a particular stage of construction work;
d)
Any objects or chattel which, in the opinion of the Development Officer, is unsightly or
tends to adversely affect the safety and/or amenities of the Summer Village of West
Baptiste.
2.
In addition, no person shall keep or permit in any part of any yard in the Residential District any
more than one (1) vehicle, loaded or unloaded, of a gross vehicle weight in excess of 4,800.0 kg
(10,560 lbs.) for longer than is reasonably necessary to load or unload the vehicle.
3.
Garbage shall be stored in weather and animal proof containers and screened from adjacent
parcels and public thoroughfares and shall be in a location easily accessible for pickup.
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4.
Outside storage areas shall be screened from adjacent parcels and thoroughfares.
5.
No person shall keep or permit in a yard adjacent to a dwelling, either:
a)
a propane tank that is larger than 68.2 kg (150 lbs.);
b)
more than four (4) propane tanks; or
c)
any number of propane tanks with a total capacity which exceeds 68.2 kg (150 lbs.);
without first obtaining a development permit.
6.
Notwithstanding Subsection (3) above, on lots in the Residential District which are:
a)
greater than 1.2 ha (3.0 ac.) in area; and
b)
where the proponent can prove to the satisfaction of the Development Authority that the
location and use of the propane tanks meets acceptable fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than four (4) propane tanks
or any number of propane tanks with a capacity which exceeds 91 kg (200 lbs.) to be located on
a lot.
7.
All development permit applications to allow more than four (4) propane tanks, or any number
of propane tanks with a total capacity which exceeds 91 kg (200 lbs.), to be located within
individual stalls, in approved campground or recreational vehicle park, will be required to
include an Emergency Response Plan, prepared by the developer, at no cost to the municipality.
The Emergency Response Plan will be circulated to the municipality's Fire Department for
approval prior to issuance of a development permit.
8.19
Off-street Parking
1.
No vehicle shall be parked on a municipal roadway for a period of time longer than 72 hours.
2.
A building or use shall not be enlarged or added to, nor shall the use be altered unless provision
is made in accordance with this Bylaw to increase the number of parking stalls or loading spaces
required on the total parcel for which the addition or change in use is proposed.
3.
The minimum number of off-street parking stalls required for each use of building or
development shall be as follows:
a)
Principal residential dwelling - 2 spaces per dwelling
b)
Recreational vehicle - 2 spaces per recreational vehicle
c)
Garage Suite or secondary suite - 1 space per additional suite
8.20
Pollution Control
1.
In any district, no storage or activity may be undertaken which, in the opinion of the
Development Authority, constitutes a danger or annoyance to persons on the parcel, on public
property, or on any other parcels, by reason of the generation of noise, vibration, dust and other
particulate matter, smoke, odour, toxic and noxious matter, traffic, radiation hazards, fires and
explosive hazards, heat, humidity and glare, refuse matter, waste or waterborne waste, and
water or steam.
2.
Construction or activity which would have an adverse effect on lake water quality or on the
aesthetics of the lake shore shall be prohibited.
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3.
Sites and buildings in all districts shall be maintained in a clean and tidy condition free from all
rubbish and debris.
8.21
Projection into Yards
1.
No portion of any building shall project onto, over or into a minimum required yard.
2.
Notwithstanding Subsection (1) above, the portions of an attachment to a main building which
may project over a minimum required yard are:
a)
steps, eaves, gutters, sills, patios, and decks, or other similar projections, with the amount
of the projection to be as allowed by the Development Authority;
b)
canopies over entrances to buildings, provided such projections are cantilevered and do not
exceed 0.91 m (3.0 ft); and
c)
any other features which, in the opinion of the Development Authority, are similar to the
foregoing.
8.22
Recreational Vehicles (including park models)
1.
Notwithstanding any other provision of this Bylaw to the contrary, no person may occupy a
recreational vehicle as a dwelling.
2.
A maximum of one (1) RV is permitted on a developed lot on a permanent basis.
3.
A maximum of two (2) RVs are allowed on an undeveloped lot on a permanent basis with a
development permit.
4.
Notwithstanding subsection (2) and (3), two (2) additional RVs may be allowed for a period of up
to but not exceeding eight (8) days on both developed and undeveloped lots.
5.
RVs must be located entirely within the boundaries of the lot.
6.
No RVs may be located within a front yard on lake front lots.
7.
No recreational vehicle shall be connected to any franchise utility or municipal service except for
electricity.
8.
All recreational vehicles must comply with current provincial requirements for private sewage
storage and disposal.
9.
Two (2) onsite parking stalls must be provided for each recreational vehicle.
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Figure 13: Recreational Vehicle Siting in Residential Areas
8.23
Sea Cans
1.
A maximum of one (1) sea can may be allowed, at the discretion of the Development Authority.
2.
The placement of a sea can on any lot in the municipality requires a development permit.
3.
If a temporary development permit for a sea can has been approved by the Development
Authority, then the sea can will be allowed to be placed on a site for a period of 6 months. After
that period has expired the developer will be required to apply to the Summer Village for an
extension for the permit. Extensions may be issued for up to six (6) month intervals at the
discretion of the Development Authority.
4.
Sea cans may not be stacked. The maximum height for a sea can allowed on a parcel is 3.0 m
(10.0 ft).
5.
Sea cans located in a Residential District may be a maximum of 6.0 m (20.0 ft) in length.
6.
The exterior finish of a sea can that is sited within a Residential District must be consistent with
the finish of the primary building.
7.
Sea cans cannot be used as a dwelling, bunk house or a guest house within the municipality.
8.
No human or animal habitation will be allowed within a sea can.
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8.24
Shoreline
1.
The bed and shore of Baptiste Lake are owned by the Province of Alberta. Before modifying any
shoreline, you must first obtain authorization from Alberta Environment Protection. Shoreline
improvements such as retaining walls, any permanent structures, waterline installations, the
placing of sand or other materials on ice or beaches, clear-cutting of trees, and removing
shoreline vegetation, require government authorization.
2.
A License of Occupation must be obtained from Alberta Environment and Sustainable Resource
Development, Land Administration Division for development on the bed or shoreline of Baptiste
Lake, prior to construction.
8.25
Signs
1.
All signs of a commercial, directional or informative nature erected on land or affixed to any
exterior surface of any building or structure shall require a development permit and shall be
subject to the following requirements:
a)
no signs shall be erected on or affixed to private property without the prior consent of the
property owner or tenant;
b)
no signs shall be erected on or affixed to public property without the prior consent of the
Summer Village of West Baptiste;
c)
no signs shall resemble or conflict with a traffic sign, nor shall any sign be a traffic hazard.
No sign shall be in contravention of a Summer Village traffic speed bylaw or in
contravention of any other Summer Village bylaw;
d)
all signs shall be kept in a safe, clean and tidy condition, and may, by order of the
Development Authority, be required to be renovated or removed.
2.
All signs of a commercial, directional or informative nature erected on land or affixed to any
exterior surface of any building shall not exceed 1.0 sq. m (10.76 sq. ft) in area.
8.26
Solar Energy Collection Systems
1.
Solar energy collection systems shall only be allowed as accessory developments.
2.
Ground mounted solar collectors shall be located in a side or rear yard only.
3.
When a solar energy collection system is installed on a lot, accessory structures or vegetation on
an abutting lot should not be located so as to block the solar collector's access to solar energy.
The portion of a solar collector that is protected is the portion which:
a)
is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a
hypothetical 3.66 m (12.0 ft) obstruction located on the lot line;,
b)
has an area not greater than half of the heated floor area of the structure (or largest
structure, if multiples exist);
c)
Notwithstanding the foregoing, the Village shall not be held responsible for protecting
access to solar energy on private land.
1)
No solar energy collection system that is tied into a grid shall be installed until evidence has
been given that the utility has been informed of the customer's intent to install an
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interconnected customer-owner generator. A copy of a letter to the applicant's utility is
sufficient. No response or evidence of approval from the utility is required. Off-grid systems and
grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault
protection and disconnect switches covered under the electrical code shall be exempt from the
requirement.
8.27
Sour Gas Facilities
1.
No development shall be allowed within 100.0 m (328.0 ft) of a Level 1 sour gas facility
(consisting of a well) as determined by the Alberta Energy Regulator (AER).
2.
In the case of a Level 2 sour gas facility as determined by the ERCB:
a)
no permanent dwelling shall be allowed within 100.0 m (328.0 ft) of the sour gas facility;
and
b)
no institutional use shall be allowed within 500.0 m (1640.0 ft) of the sour gas facility.
3.
In the case of Level 3 sour gas facility as determined by the AER:
a)
no permanent dwelling shall be allowed within 100.0 m (328.0 ft) of the sour gas facility;
b)
no residential development with a density of more than eight (8) dwelling units per quarter
section shall be allowed within 500.0 m (1640.0 ft) of the sour gas facility; and
c)
no institutional use shall be allowed within 1500.0 m (4921.0 ft) of the sour gas facility.
8.28
Subdivision of Land
1.
Where the development of land requires a subdivision, no development permit shall be issued
until the proposed subdivision has received tentative approval from the Subdivision Authority
for the Summer Village.
2.
Development agreements shall be required as a condition of approval for subdivision of land
within the Summer Village.
8.29
Suites (Garage and Secondary) and Guest Houses
1. A suite or guest house shall be restricted to a site occupied by a single detached dwelling.
2. A suite or guest house shall remain accessory to and subordinate to the main dwelling and shall,
subject to the requirements of Subsection 8.1 of this Bylaw. The total area of all suites located
on a site shall not exceed 92.9 sq. m (1000.0 sq. ft) in area, or the footprint of the principal
building, whichever is the lesser.
3. A garage suite shall remain accessory to and subordinate to the use of the garage.
4. Shared mechanical rooms and common areas shall be excluded from the floor area calculation
of the suite or guest house.
5. A suite or guest house includes, but is not limited to, sleeping areas, recreation areas, toilet and
bathing facilities.
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6. A suite or guest house does not include a food preparation area, counter/cupboard space, sink,
refrigerator, stove or provision of 220 volt wiring.
7. A garage suite shall have an entrance separate from the entrance to the garage, either from a
common indoor landing or directly from the exterior of the structure.
8. At-grade garage suites or guest houses shall be a maximum height of 4.57 m (15.0 ft).
9. Above-grade garage suites shall be a maximum height of 8.84 m (24.0 ft).
10. A minimum of three (3) on-site parking spaces shall be required for lots with approved suite or
guest house development. Tandem parking may be permitted at the discretion of the
Development Authority.
11. Windows contained within a suite or guest house shall be placed and sized such that they
minimize overlook into Yards and windows of abutting properties through one or more of the
following:
(a) Off-setting window placement to limit direct views of abutting rear or side yard amenity
areas, or direct view into a guest house window on an abutting site;
(b) Strategic placement of windows in conjunction with landscaping or the placement of
other accessory buildings; and
(c) Placing larger windows, such as living room windows, to face a lane, a flanking street, or
the larger of any side yard abutting another property.
12. No additional approach will be permitted to provide access or egress to the suite or guest
house.
13. A suite or guest house shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
8.30
Topsoil Removal
1.
A development permit is required for the removal of top soil, sand or other material where the
removal will alter drainage from the subject site onto adjacent properties or to a naturally
occurring body of water.
8.31
Utility Easements
1.
Subject to the conditions of a utility easement, no permanent structure other than a fence shall
be constructed or placed on that utility easement unless, in the opinion of the Development
Authority, the said structure does not restrict access to the utility easement for the purposes of
installation or land maintenance of the utility, and written consent has been obtained from the
person or agency for whose use the easement has been granted.
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8.32
Wireless Communication Facilities
1.
The municipality will encourage developers of wireless communications facilities to
demonstrate good planning and design with foremost regard to safety of the general public;
adherence to established construction standards in industry; minimizing impacts to the natural
environment; minimizing the visual impacts on nearby residents; and ensuring public
consultation in the early development stages. A letter of support will be provided to licensing
and approving authorities for applications meeting these criteria. A letter of non-support will be
provided to licensing and approving authorities for applications not meeting these criteria.
2.
Developers of a wireless communications facility that plan for the facility and can accommodate
other wireless operators on the site will be given priority status.
3.
The application for development of a wireless communications facility is encouraged to engage
existing owner/operators of these structures for co-location opportunities. Existing operators
are encouraged to participate in the process by charging reasonable rates for this privilege.
4.
Applications for development of structures outside of the Alberta Building Code such as lattice
towers shall include a document from authoritative sources demonstrating structural adequacy
of the specified structure for the location and loading defined in the application. Such
authorities include: the Canadian Standards Association and qualified structural engineers.
Stamps and Seals of approval shall accompany the documentation.
5.
Guyed-tower structures are to be located on properties that allow for a distance from the base
to boundary setbacks that is no less than equal to the final structure height. In all cases that
base and anchor structures must be designed for the soil conditions present. A professional
engineered design with supporting soil profiles must accompany the application for
development. Precise location (Latitude and Longitude) of the base and anchors must be
revealed.
Self-support towers are to be located respecting the building and safety codes for the
community. In all cases the base structures must be designed for the soil conditions present. A
professional engineered design with supporting soil profiles must accompany the application for
development.
6.
Multiple tower structures will require individual development permit applications.
7.
Applications for the development of wireless facilities must include in the development
application letters from the following authorities:
a)
Transport Canada governing painting and lighting of the applicant's tower for aeronautical
safety;
b)
Nav Canada governing aircraft communication and instrumentation immunity from the
applicant's tower transmissions; and
c)
Industry Canada governing the frequency of operations and public safety from non-ionized
radiation in accordance with Safety Code 6. Licensed Exempt operators must provide a
stamped letter from a licensed professional RF engineer guaranteeing these conditions will
be met.
8.
Appropriate fencing around the base, anchors and site limiting public access to the tower and
exposure to high RF energy fields must be provided with consideration of community aesthetics.
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9.
The application for development must include consideration to minimizing environmental
damage through the following measures:
a)
Consultation with Federal and Provincial environmental agencies to ensure the site selected
and the resultant construction does not impact upon sensitive ecologies nor interfere with
migrating birds or animals. Confirming letters from these agencies must accompany the
application for development.
b)
The application for development shall include a signed letter from the applicant detailing
corrective action(s) to remediate any environmental damages.
10.
As a condition of obtaining a development permit the applicant agrees to the following:
a)
The site will be reclaimed within six (6) months of cessation of operation.
b)
The site reclamation will comply with Alberta Environmental Laws to be provided by Alberta
Environment or their agent.
11.
A public consultative process shall commence within the intent to establish a wireless facility
advertisement in the local newspapers and b letter to the neighbouring property owners 120
days prior to the anticipated date of construction. The municipality will arrange for the public
meetings at its discretion and at the sole expense of the applicant.
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PART 9 LAND USE DISTRICTS
9.1
Establishment of Land Use Districts
1.
The Summer Village of West Baptiste is hereby divided into the following land use districts:
R1
Residential District
RSH
Rural Small Holding District
RPL
Reserve and Public Lands District
2.
The boundaries of these districts are shown in Part 10 Land Use District Map.
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9.2
R1 Residential District
1.
Permitted Uses
a) One family dwellings
b) Accessory buildings and uses
c) Recreational vehicles
2.
Discretionary Uses
a) Mobile homes
b) Home occupations
c) Public park
d) Accessory buildings and uses
e) Seacans
f) Suites, garage
g) Suites, guest house
h) Suites, secondary
i)
Other similar uses as approved by the Development Officer
3.
Regulations
a) Minimum lot size
i.
One family dwelling and mobile homes
Minimum lot width:
30.48 m (100.0 ft)
Minimum lot area:
1,858 sq. m (20,000 sq. ft)
ii.
Development will be permitted on existing substandard lots provided all other
requirements of this Bylaw are met.
iii.
All other uses:
as determined by the Development Officer
b) Minimum floor area
i.
One family dwellings:
46.45 sq. m (500.0 sq. ft) on the ground floor
ii.
Mobile homes:
46.45 sq. m (500.0 sq. ft) excluding attached porches
iii.
All other uses :
as determined by the Development Officer
c) Minimum yard dimensions
i.
One family dwellings and mobile homes
Front yard :
6.1 m (20 ft)
Side yard:
10 percent of lot width, however in no case shall the side yard
be less than 1.52 m (5.0 ft)
Rear yard:
7.62 m (25.0 ft)
ii.
All other uses:
as determined by the Development Officer
d) Maximum height
i.
One family dwelling:
the height shall not exceed 7.31 m (24 ft), measured from the
foundation
e) Maximum site coverage
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i.
The combined coverage of the main building and accessary building shall not exceed
40percent of the site area.
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9.3
RSH Rural Small Holding District
1.
Permitted Uses
a) One family dwellings
b) Cultivation, including market gardening (development permit not required)
c) Accessary buildings and uses
d) Recreational vehicles
2.
Discretionary Uses
a) Mobile homes
b) Home occupations
c) Public park
d) Accessary buildings and uses
e) Seacans
f) Suites, garage
g) Suites, guest house
h) Suites, secondary
i)
Other similar uses as approved by the Development Officer
3.
Regulations
a) Development shall only be permitted on existing lots. No further subdivision for residential
purposes shall be permitted within this district.
b) Minimum floor area
i.
One family dwelling:
46.45 sq. m (500.0 sq. ft) on ground floor
ii.
Mobile homes:
46.45 sq. m (500.0 sq. ft) excluding attached porches
iii.
All other uses:
as determined by the Development Officer
c) Minimum yard dimensions
i.
One family dwellings and mobile homes
Front yard:
6.1 m (20.0 ft)
Side yard:
10 percent of lot width, however in no case shall the side yard
be less than 1.52 m (5.0 ft)
Rear yard:
7.62 m (25.0 ft)
All other uses:
as determined by the Development Officer
d) Maximum height
i.
One family dwelling:
the height shall not exceed 7.31 m (24 ft), measured from the
foundation
e) Maximum site coverage
i.
The combined coverage of the main building and accessory building(s) shall not exceed
40 percent of the total site area.
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9.4
RPL Reserve and Public Lands District
1.
Permitted Uses
a) Public recreation
2.
Regulations
a) Private development in this district is strictly prohibited.
b) Site requirements to be determined by the Development Officer.
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PART 10 LAND USE DISTRICT MAP
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