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SUMMER VILLAGE OF
WEST COVE
Land Use Bylaw
No. 417-16
Adopted August 25, 2016
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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Table of Contents
PART 1 - GENERAL ........................................................................................................ 6
1.1
TITLE .......................................................................................................................................... 6
1.2
SCOPE ........................................................................................................................................ 6
1.3
PURPOSE .................................................................................................................................... 6
1.4
PREVIOUS BYLAW .................................................................................................................... 7
1.5
METRIC AND IMPERIAL MEASUREMENTS ............................................................................. 7
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT ................................................... 7
1.7
EFFECTIVE DATE ...................................................................................................................... 8
1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS ........................................................... 8
1.9
DEFINITIONS OR MEANINGS.................................................................................................. 8
PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ........................ 25
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY ............................................................ 25
2.2
ESTABLISHMENT OF SUBDIVISION AUTHORITY ............................................................... 26
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD .................... 26
2.4
AMENDMENT OF THE LAND USE BYLAW ............................................................................ 26
2.5
SECTIONS FOUND TO BE INVALID ...................................................................................... 29
2.6
FORMS ...................................................................................................................................... 29
PART 3 - DEVELOPMENT PERMITS ............................................................................ 30
3.1
CONTROL OF DEVELOPMENT ............................................................................................... 30
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ........................................... 30
3.3
SAME OR SIMILAR USES ....................................................................................................... 34
3.4
DEVELOPMENT PERMIT APPLICATIONS ............................................................................. 34
3.5
DEVELOPMENT PERMITS AND NOTICES ............................................................................. 36
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS .................................................... 37
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS ................................... 38
3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS ..................................... 39
3.9
CONTRAVENTION ................................................................................................................... 39
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES ............................................................... 41
3.11
DEVELOPERS' RESPONSIBILITY ........................................................................................... 42
PART 4 - GENERAL DEVELOPMENT REGULATIONS ................................................... 44
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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4.1
PRINCIPAL BUILDING OR USE.............................................................................................. 44
4.2
DWELLING UNITS ON A PARCEL .......................................................................................... 44
4.3
BUILDING ATTACHED TO A PRINCIPAL BUILDING ........................................................... 44
4.4
BUILDING ORIENTATION AND DESIGN .............................................................................. 44
4.5
RELOCATION OF BUILDINGS ................................................................................................ 45
4.6
EXCAVATION, STRIPPING AND GRADING .......................................................................... 46
4.7
PROJECTIONS OVER YARDS ................................................................................................. 47
4.8
GARAGES AND ACCESSORY BUILDINGS ............................................................................. 48
4.9
GARAGE AND GARDEN SUITES ............................................................................................ 49
4.10
SECONDARY SUITES .............................................................................................................. 51
4.11
CORNER AND DOUBLE FRONTING PARCELS ...................................................................... 52
4.12
CORNER SIGHT TRIANGLES ................................................................................................. 52
4.13
BUILDING DEMOLITION ........................................................................................................ 53
4.14
OFF-STREET PARKING REQUIREMENTS ............................................................................. 53
4.15
OBJECTS PROHIBITED OR RESTRICTED IN YARDS .......................................................... 53
4.16
FENCES .................................................................................................................................... 54
4.17
HOME OCCUPATIONS ............................................................................................................ 55
4.18
BED AND BREAKFAST OPERATIONS .................................................................................... 57
4.19
RECREATIONAL VEHICLES AND TEMPORARY LIVING ACCOMMODATIONS .................. 58
4.20
GENERAL SIGN REGULATIONS ............................................................................................. 58
4.21
SIGNS IN COMMERCIAL DEVELOPMENTS ........................................................................... 60
4.22
KEEPING OF ANIMALS ........................................................................................................... 60
4.23
SEA CANS ................................................................................................................................. 61
4.24
FIRE PITS ................................................................................................................................. 61
PART 5 - LAND USE DISTRICTS AND REGULATIONS ................................................ 61
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES ............................................................ 61
5.2
R - RESIDENTIAL ................................................................................................................... 63
5.3 R 2 - RESIDENTIAL
70
5.4
US - URBAN SERVICES .......................................................................................................... 66
5.5
P - PARKS ................................................................................................................................ 67
5.6
UR - URBAN RESERVE ........................................................................................................... 68
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5.7
EXAMPLES OF BUILDING PLACEMENT UPON RESIDENTIAL LOTS ................................. 70
PART 6 - ADMINISTRATION ...................................................................................... 72
6.1
SCHEDULES ............................................................................................................................. 72
6.2
REPEALING EXISTING CONTROLS ....................................................................................... 72
6.3
DATE OF COMMENCEMENT ................................................................................................... 72
6.4
SCHEDULE "A" - LAND USE BYLAW MAP ............................................................................ 73
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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PART 1 - GENERAL
1.1
TITLE
This Bylaw may be referred to as "The Summer Village of West Cove Land Use
Bylaw."
1.2
SCOPE
No subdivision or development shall hereafter be carried out within the boundaries
of the municipality except in conformity with the provisions of this Bylaw.
1.3
PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and
buildings within the Summer Village of West Cove and to achieve the orderly and
economic development of land, and further to:
a) divide the municipality into districts;
b) prescribe and regulate the use(s) for each district;
c) establish a method of making decisions on applications for development
permits including the issuing of development permits;
d) provide the manner in which notice of the issuance of a development permit
is to be given;
e) establish a method of making decisions on applications for subdivision
approval in accordance with the provisions of the Municipal Government Act
and its regulations;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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f) establish the number of dwelling units permitted on a parcel of land;
g) implement the statutory plans of the Summer Village of West Cove;
h) establish the Development Authority and the office of the Development
Officer for the Summer Village of West Cove.
1.4
PREVIOUS BYLAW
No provisions of any other Bylaws with respect to districting, development control,
and land use classifications shall hereafter apply to any part of the Summer Village
described in this Bylaw.
1.5
METRIC AND IMPERIAL MEASUREMENTS
Whenever dimensions are present or calculations are required, the metric
dimensions, values or results shall be used. The imperial equivalents provided in
parenthesis after each reference to metric units of measurements are approximate
and intended for information only.
1.6
RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT
1. This Bylaw is enacted under the Municipal Government Act, as amended. This
Bylaw is intended to be read in conjunction with the Municipal Government Act,
with amendments to the time of the reading. Reference should be made to the
Act and its regulations with respect to definitions of terms, administrative
matters, and the powers of agencies and officers referred to in this Bylaw, if
these are not set out in this Bylaw.
2. The Municipal Government Act references contained in certain sections of the
Bylaw are not enacted as part of this Bylaw and may be revised, as required, by
the Development Officer without the adoption by Council of an amending Bylaw.
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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1.7
EFFECTIVE DATE
The effective date of this Bylaw shall be the date of the third and final reading
thereof.
1.8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
Nothing in this Bylaw affects the duty or obligation of a person to obtain a
development permit as required in this Bylaw, or to obtain any other permit, license,
or other authorization required by any Bylaw, or Act or any regulation pursuant to
those Acts.
1.9
DEFINITIONS OR MEANINGS
In this Bylaw:
"ACCESSORY BUILDING" - means a building which is separate from the principal
building on the parcel where both are located and which the Development Authority
decides is incidental to that of the principal building, and includes garages, sheds,
boathouses and guest houses.
"ACCESSORY BUILDING OR USE - LAKESHORE" - means an accessory
building, structure or use located immediately adjacent to a lakeshore or lake
tributary or within the actual water-body proper, and includes but is not limited to a
boathouse, pier, dock, seawall, boat launch or boardwalk;
"ACCESSORY USE" - means a use of a building or land which the Development
Authority decides is incidental and subordinate to the principal use of the parcel on
which it is located;
"ACT" - means MUNICIPAL GOVERNMENT ACT R.S.A. 2000, Chapter M-26, as
amended, and the regulations pursuant thereto;
"AND" - means both, does not mean and/or;
"AMENITY AREA" - means an area which shall be provided subject to the
regulations of this Bylaw and which must be developed for the active or passive
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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recreation and enjoyment of the occupants of a residential development. Such area
may be for either private or communal use and may be under either individual or
common ownership;
"AMENITY AREA - PRIVATE OUTDOOR" - means an amenity area which shall
be provided subject to regulations in this Bylaw but which must be developed for the
active or passive recreation and enjoyment of the residents of a specific dwelling
unit and which is immediately adjacent to and directly accessible from the dwelling
unit it is intended to serve;
"AREA OF COPY" - means the entire area within a single common continuous
perimeter enclosing the extreme limits of the advertising message, announcement
or decoration on the sign, and shall be for the purpose of area calculation square or
rectangular in shape;
"AREA REDEVELOPMENT PLAN" - means a plan accepted or adopted by Council
as an area redevelopment plan pursuant to Section 634 of the Municipal
Government Act;
"AREA STRUCTURE PLAN" - means a plan accepted or adopted by Council as an
area structure plan pursuant to Section 633 of the Municipal Government Act;
"BACKLOT" - means a lot which has other developable property between it and the
lake, but does not include lots where the only property existing between them and
the lake is a road, environmental reserve, or park reserve;
"BED AND BREAKFAST OPERATION" - means a minor and ancillary/subordinate
commercial use of a residence where accommodation is provided for periods of
fourteen (14) days or less in three or fewer guest rooms.
"BOAT HOUSE" - means an accessory building designed and used primarily for the
storage of boats, and which is designed in such a way as to permit the direct
removal of boats from the water to the structure;
"BUILDING" - includes anything constructed or placed on, in, over or under land,
but does not include a highway, road, or a bridge that forms part of a highway or
road;
"BUILDING HEIGHT" - means the vertical distance between grade and the
highest point of a building; excluding an elevator housing, a mechanical housing, a
roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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stack, a fire wall, a parapet wall, a flagpole or similar device not structurally
essential to the building;
"CANOPY" - means a projection extending from the outside wall of a building
normally for the purpose of shielding a part of the building from the sun;
"CANOPY SIGN" - see SIGN, CANOPY;
"CARPORT" - means a roofed structure used for storing or parking of not more
than two private vehicles which has not less than 40% of its total perimeter open
and unobstructed;
"CHATTEL" - means a moveable item of personal property;
"CORNER" - means the intersection of any two property lines of a parcel;
"CORNER PARCEL" - see PARCEL, CORNER;
"COUNCIL" - means the Council of the Summer Village of West Cove;
"CURB CUT" - means the lowering of a curb, sidewalk or boulevard to provide
vehicular access to a parcel;
"DAY CARE FACILITY" - means a facility and program for the provision of care,
maintenance and supervision for four or more children under the age of fifteen
years, by a person other than one related by blood or marriage, for periods of more
than three (3) but less than twenty-four (24) consecutive hours, other than
institutions operated by or under the authority of the Director of Child Welfare;
"DECK" - means a hard surfaced (usually wooden) area usually adjoining a dwelling
unit; no more than 0.6 m. (1.97 ft.) high above grade, for outdoor living;
"DESIGNATED OFFICER" - means a person authorized to exercise development
authority powers on behalf of the municipality pursuant to the provision of the
Municipal Government Act and this Bylaw;
"DEVELOPABLE AREA" - means an area of land suitable for a building site and
containing adequate surface elevation to preclude marshland, wetland, or high
water table conditions;
"DEVELOPER" - means an owner, agent or any person, firm or company required
to obtain or having obtained a development permit;
"DEVELOPMENT" - means:
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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a) an excavation or stockpile and the creation of them,
b) a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land,
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 building or an act done in relation
to land or a building that results in or is likely to result in a change in the
intensity of use of the land or building;
"DEVELOPMENT AUTHORITY" - means a Development Authority established
pursuant to Section 624 of the Municipal Government Act;
"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;
"DEVELOPMENT PERMIT" - means a certificate or document permitting a
specified development and includes, where applicable, a plan or drawing or a set of
plans or drawings, specifications or other documents. This permit is separate and
distinct from a building permit;
"DISCONTINUED" - means the time at which, in the opinion of the Development
Officer, substantial construction activity or a non-conforming use or conforming use
has ceased;
"DISCRETIONARY USE" - means a use of land or buildings provided for in the
District Regulations of this Bylaw, for which a development permit may be issued
with or without conditions;
"DOUBLE FRONTING PARCEL" - means a corner parcel which is not a flanking
parcel, but also includes a parcel which abuts two public streets (except alleys as
defined in the Highway Traffic Act, as amended), which are parallel or nearly parallel
where abutting the parcel;
"DRIVE-IN BUSINESS" - means an establishment which services customers
traveling in motor vehicles driven onto the parcel where such business is carried on,
where normally the customer either remains in the vehicle for service, or parks his
vehicle for a short period for the purpose of doing business at the premises, and
includes service stations;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"DWELLING" - means any building used principally for human habitation and
which is supported on a permanent foundation extending below ground level, and
includes single detached dwellings, but does not include temporary living
accommodations;
"DWELLING UNIT" - means a self-contained living premise with cooking, eating,
living, sleeping and/or sanitary facilities for domestic use of one or more individuals;
"EASEMENT" - means a right to use land, generally for access to other property or
as a right-of-way for a public utility;
"EXCAVATION" - means any breaking of ground, except common household
gardening and ground care;
"EXTENSIVE AGRICULTURE" - means a system of tillage which depends upon
large areas of land for the raising of crops. Extensive agricultural uses include
buildings and other structures incidental to farming;
"EXTENSIVE LIVESTOCK OPERATION" - means a farming operation involving
the rearing of livestock either in conjunction with or separate from an extensive
agricultural operation, where the density of animals on the subject lot is less than is
required to be classified by Alberta Agriculture and Food and Rural Development as
an intensive livestock operation;
"FENCE" - means a vertical physical barrier constructed to prevent visual intrusion,
sound abatement or unauthorized access;
"FLANKING PARCEL" - means a corner parcel on which a side boundary is
abutting onto a street and where all other parcels which are within 9.1 m. (30.0 ft.)
of the parcel have no front boundary on the same street;
"FLOOR AREA" - means the greatest horizontal area of a building above grade
within the outside surface of exterior walls or within the glass-line of exterior walls
and the centre-line of fire walls but not including the floor areas of basements,
attached garages, sheds, open porches or breezeways;
"FLOOD PLAIN" - means the highest elevation of the level of floodwaters
occurring in the 1:100 year flood event as established from time to time by Alberta
Environment and Parks;
"FOUNDATION" - means the lower portion of a building, usually concrete or
masonry, and includes the footings which transfer the weight of and loads on a
building to the ground;
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"FREESTANDING SIGN" - see SIGN, FREESTANDING;
"FRONT YARD" - see YARD, FRONT;
"FRONTAGE" - means the length of a street boundary measured along the front lot
line;
"GARAGE" - means an accessory building or part of the principal building, designed
and used primarily for the storage of motor vehicles;
"GARAGE SUITE" - means a single storey accessory dwelling, which is located
above a detached garage. A Garage Suite is accessory to a building in which the
principal use is a single detached dwelling. A garage suite has cooking facilities,
food preparation, sleeping and sanitary facilities which are separate from those of
the principal building located on the site. A garage suite has an entrance separate
from the vehicle entrance to the detached garage, either from a common indoor
landing or directly from the exterior of the structure. A garage suite does not include
Secondary Suites or garden suites.
"GARDEN SUITE" - means a single storey dwelling, which is located in a building
separate from the principal use which is a single detached dwelling. A garden suite
has cooking facilities, food preparation, sleeping and sanitary facilities which are
separate from those of the principal building located on the site. This use class
does not include secondary suites or garage suites.
"GRADE" - means the ground elevation established for the purpose of regulating
the number of storeys and the height of a building. The building grade shall be the
level adjacent to the walls of the building if the finished grade is level. If the ground
is not entirely level the grade shall be determined by averaging the elevation of the
ground for each face of the building;
"GROSS LEASEABLE AREA" - means the total floor area of the building contained
within the outside surface of the exterior and basement wall, but excludes
mechanical and utility rooms, public washrooms, and stairwells;
"GUEST HOUSE" - means an accessory building, used seasonal or part time which
may contain sleeping facilities or additional facilities, and may be in addition, but is
secondary to the principal dwelling. The guest house may not be rented for
accommodation;
"HABITABLE ROOM" - means a room or enclosed space used or usable for human
occupancy, including but not limited to kitchens, bedrooms, living rooms, family
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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rooms and dens, excluding NON-HABITABLE ROOMS which include bathrooms,
laundries, pantries, foyers, hallways, entry ways, storage areas and rooms in
basements and cellars used only for recreational purposes or any space in a dwelling
providing a service function and not intended primarily for human occupancy;
"HALF STOREY" - see STOREY, HALF;
"HARD SURFACE" - means a roadway, lane, or parking stall with a cement,
asphalt, or compacted gravel surface;
"HIGH WATER MARK" - means the line that separates the Crown-owned bed and
shore of a water body from the adjacent private land is called the legal bank
(defined in the Surveys Act). Its location is synonymous with what is commonly
known as the ordinary high water mark. In most cases, it is a distinct line formed
by the normal, long-continued action or presence of surface water along the land at
the edge of the lake (not affected by occasional periods of drought or flooding).
"HOME OCCUPATION" - means an occupation carried on within a dwelling unit or
manufactured home and which is not visible or noticeable in any manner from
outside the dwelling. Such occupation is an accessory use and is secondary to the
residential occupancy and does not change the character thereof;
"INDOOR EATING ESTABLISHMENT" - means an establishment where a
combination of food and non-alcoholic drink are intended to be consumed within the
confines of the establishment;
"INTERIOR PARCEL" - see PARCEL, INTERIOR;
"LAKEFRONT DWELLING" - means dwellings whose properties extend to the
lakeshore or that are only separated from the lakeshore by a road, municipal
reserve, or environmental reserve;
"LANDSCAPING" - means to preserve or change the natural features of a parcel
by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, driveways or
other structures and materials as used in modern landscape architecture, but does
not include changes in grade, stockpiling, or excavation;
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which does
not exceed 10.0 m. (32.8 ft.) in width and is not less than 6.0 m (19.7 ft.) wide, and
which provides a secondary means of access to a parcel or parcels, or as defined as
an alley in the Highway Traffic Act;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"LIVING ROOM" - means any room in a dwelling unit used primarily for the social
activities of the occupants and which is designed for general living whether or not
combined with specific activities such as dining, food preparation or sleeping;
"LOADING SPACE" - means an off-street space on the same parcel as a building
or group of buildings, for the temporary parking of a commercial vehicle while
commodities are being loaded or unloaded;
"LOT" - means a parcel of land, the boundaries of which are separately described in
a certificate of title, which may or may not be shown on a registered plan of
subdivision;
"LOT - LAKEFRONT" - means those lots that extend to the lakeshore, are adjacent
to the lakeshore, or would be if not separated from the lakeshore by roads,
municipal reserves or environmental reserves. Excludes any existing park or reserve
land, public roadways or public utility lots;
"MAJOR" - means where added as a prefix to a permitted or discretionary use, a
use which due to its nature or relatively large size will, at the discretion of the
Development Authority, have a large impact on surrounding uses, or which is
intended to serve a larger area;
"MANUFACTURED HOME" - means a dwelling which is constructed with a chassis
or related assembly that allows for the permanent or temporary attachment of a
hitch and assembly to enable relocation of the dwelling. A manufactured home may
be a single structure (single wide) or two parts which when put together (double
wide) comprises a complete dwelling. Manufactured homes do not include stick
built dwellings, modular homes, mobile homes, or temporary living accommodation.
Under this Bylaw, a manufactured home features the following design standards;
a) a minimum roof pitch of 5.0 cm. (2.0 in.) of vertical rise for every 30.5 cm.
(12.0 in.) of horizontal run (2.0:12.0 pitch);
b) have a roof surface of wood or asphalt shingles, clay or concrete tile, slate
shingles, sheet metal shingles, or hand split shakes;
c) have a minimum roof overhang or eaves of 30.5 cm. (1 ft.) from the primary
surface of each façade;
d) have a minimum length width (or width length) ratio of 2.0:1.0;
e) meets the National Building Code of Canada CAN/CSA A277 standard; and
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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f) constructed after January 1, 1996.
"MINOR" - means where added as a prefix to a permitted or discretionary use, a
use which due to its nature or relatively small size will, at the discretion of the
Development Authority, have a limited impact on surrounding uses, or which is
intended to serve a small or local rather than a major or municipal area;
"MINOR EATING OR DRINKING ESTABLISHMENT" - means development
where prepared food and beverages (both non-alcoholic and alcoholic) are offered
for sale to the public, for consumption within the premises. This use class includes
neighbourhood pubs, licensed restaurants, cafes, delicatessens, tea rooms, lunch
rooms;
"MOBILE HOME" - means a dwelling which was constructed prior to January 1,
1996, does not meet the National Building Code of Canada CAN/CSA A277 standard,
with a chassis or related assembly that allows for the permanent or temporary
attachment of a hitch and wheel assembly to enable relocation of the dwelling. A
mobile home does not include a modular home, manufactured home, temporary
living accommodation or single detached dwelling as described in this Bylaw. A
mobile home may be a single structure (single wide) or two parts which when put
together (double wide) comprises a complete dwelling;
"MODULAR HOME" - means a dwelling which is prefabricated or factory built and
which is assembled on the parcel in sections, but such sections have neither chassis,
nor running gear or its own wheels, and the sections may be stacked side by side or
vertically. Furthermore, Modular Home means a dwelling which has a length to
width (or width to length) ratio of no greater than 2.0:1. This rule shall not apply
to those portions of a dwelling which are deemed by the development authority to
be neither deck nor attached garage. A modular home does not include a single
detached dwelling, manufactured home, temporary living accommodation, or mobile
home;
"MUNICIPAL DEVELOPMENT PLAN" - means a plan adopted by Bylaw as a
Municipal Development Plan pursuant to Section 632 of the Municipal Government
Act;
"MUNICIPALITY" - means the Summer Village of West Cove;
"NON-CONFORMING BUILDING" - means a building:
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 17
a) that is lawfully constructed or lawfully under construction at the date a Land
Use Bylaw or any amendment thereof affecting the building or land on which
the building is situated becomes effective, and
b) that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or when constructed will not, comply with the Land Use
Bylaw;
"NON-CONFORMING USE" - means a lawful specific use:
a) being made of land or a building or intended to be made of a building lawfully
under construction, at the date the Land Use Bylaw or any amendment
thereof affecting the land or building becomes effective, and
b) that on the date the Land Use Bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction, will not
comply with the Land Use Bylaw;
"OCCUPANCY" - means the use or intended use of a building or part thereof for
the shelter or support of persons or property;
"OFF-SITE SIGN" - see SIGN, OFF-SITE;
"OFF-STREET PARKING" - means an off-street facility for the parking of three or
more vehicles;
"ON-PARCEL SEWAGE DISPOSAL SYSTEM" - means a method of treating
effluent recognized by Alberta Labour and/or Alberta Environment involving the
containment of sewage effluent in an impermeable holding tank for transfer to a
central depot for decomposition or the actual primary or secondary treatment of
sewage effluent on the parcel of its origin and may include a septic tank, holding
tank or evapo-transpiration mound system but does not include pit style privies.
"OUTDOOR EATING ESTABLISHMENT" - means an establishment where a
combination of food and non-alcoholic drink are normally consumed either outside
or inside the confines of the establishment;
"PARAPET WALL" - means that part of an exterior, party wall or fire wall
extending above the roof line or a wall which serves as a guard at the edge of a
balcony or roof;
"PARCEL" - means the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a land titles office;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 18
"PARCEL AREA" - means the total area of a parcel;
"PARCEL, CORNER" - means a parcel at the intersection of two abutting streets;
"PARCEL COVERAGE" - means the combined area, measured at 1.0 m. (3.0 ft.)
above grade, of all buildings on a parcel excluding all features which would be
permitted under this Bylaw as projections into required yards;
"PARCEL DEPTH" - means the average distance between the front and rear
property lines;
"PARCEL, INTERIOR" - means a parcel which is bounded by only one street;
"PARCEL, LAKEFRONT" - see LOT, LAKEFRONT;
"PARCEL WIDTH" - means the distance between the side property lines of a
parcel at the minimum permissible front yard, measured parallel to the road or to
the tangent on a curved road;
"PARK" - means a parcel of land designated for public use as municipal reserve
land or by Resolution or Bylaw of Council;
"PARKING STALL" - means a space set aside for the parking of one vehicle;
"PERMITTED USE" - means the use of land or a building provided for in this Bylaw
for which a development permit shall be issued, with or without conditions, upon an
application having been made which conforms to the Land Use Bylaw;
"PLACES OF WORSHIP" - means development owned by a religious organization
used for worship and related religious, philanthropic, or social activities including
rectories, manses, classrooms, dormitories and accessory buildings. Typical uses
include churches, chapels, mosques, temples, synagogues, parish halls, convents
and monasteries;
"PLANTING" - see LANDSCAPING;
"PORTABLE BUILDING" - means a canvas or tarpaulin moveable garage or shed
comprised of a metal frame with the tarpaulin stretched over it, and is designed to
be used to shelter chattels from outdoor weather;
"PRINCIPAL BUILDING" - means a building which, in the opinion of the
Development Authority,
a) occupies the major or central portion of a parcel,
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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b) is the chief or main building among one or more buildings on the parcel, or
c) constitutes by reason of its use the primary purpose for which the parcel is
used;
"PRINCIPAL USE" - means the primary purpose, in the opinion of the
Development Authority, for which a building or parcel is used. There shall be no
more than one principal use on each parcel unless specifically permitted otherwise in
the Bylaw;
"PRIVY" - means an indoor and/or outdoor toilet facility and/or outhouse;
"PUBLIC PARK" - means an active or passive public recreation area together with
any accessory buildings or uses complimentary to the said recreational purpose;
"PUBLIC USES" - means a building, structure or lot used for public services by the
Municipality, by any Department, Commission or Agency of any other Municipal
Corporation or Government of Alberta or Canada, or by any Railway Company or
Utility;
"PUBLIC UTILITY" - means the right of way for one or more of the following:
sanitary and storm water sewerage, telecommunications systems, water works
systems, irrigation systems, systems for the distribution of gas, whether natural or
artificial, systems for the distribution of artificial light or electric power and heating
systems;
"PUBLIC UTILITY BUILDING" means a building to house a public utility, its
office or equipment;
"REAL PROPERTY REPORT" - means a codified standard report adopted by the
Alberta Land Surveyor's Association which contains pertinent information on a parcel
of land and the development which exists on the property;
"REAR YARD" - see YARD, REAR;
"RECREATIONAL EQUIPMENT" - means any permanent building, the intended
use of which is for either active or passive recreation. Certain types of sidewalk
furniture may be classified as recreational equipment at the discretion of the
Development Officer;
"RECREATIONAL USE" means a development providing for commercial or non-
commercial leisure activities located to take advantage of the natural setting,
without restricting the generality of the foregoing, this shall include:
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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a) non-facility oriented recreational activities such as hiking, cross country
skiing, rustic camping, and other similar uses, and
b) means an active or passive recreational use and any facility or building
required to carry out said activity;
"RECREATIONAL VEHICLE" - means a portable structure intend as temporary
living accommodation for travel, vacation, or recreational use. Typical examples
are travel trailers, motor homes, fold-down camping trailer, truck camper, fifth-
wheel travel trailer, tent trailer, and tent. Mobile Homes, or conversions of such,
are not recreational vehicles as defined under this bylaw.
"RESTAURANT" means a facility for the primary operation of a full service, sit
down, eating establishment but excludes the operation of a purely drinking
establishment, bar, lounge, pool hall, casino, video lottery terminals and private
liquor outlet;
"ROOF SIGN" - see SIGN, ROOF;
"SECONDARY SUITE" - means a development consisting of a Dwelling located
within, and accessory to, a structure in which the Principal Use is a Single Detached
Dwelling; the second storey of a detached garage; or an accessory building or
structure. A Secondary Suite has cooking facilities, food preparation, sleeping and
sanitary facilities which are physically separate from those of the Principal Dwelling
within the structure. A Secondary Suite also has an entrance separate from the
entrance to the Principal Building, either from a common indoor landing or directly
from the side or rear of the structure. This use class includes the Development or
conversion of basement space or above-grade space to a separate Dwelling, or the
addition of new floor space for a Secondary Suite to an existing Single Detached
Dwelling. This use class does not include garage suite or garden suite.
"SEPARATION SPACE" - means the horizontal open space provided around a
dwelling to ensure no conflict of visibility from dwellings and adequate light, air and
privacy, for activities undertaken within the dwelling. Unless otherwise specified in
this Bylaw, a separation space may be partially or entirely outside the parcel
boundaries of a dwelling unit;
"SERVICE STATION" - means a parcel or the portion thereof used or intended to
be used for any of the following: the servicing or repairing of motor vehicles, the
sale of gasoline, the sale of lubricating oils and other automotive fluids, accessories
for motor vehicles, and a towing service dispatch point;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"SETBACK" - means the minimum horizontal distance between the parcel boundary
and the nearest point on the exterior wall or chimney of the building, or another
part of the building if specified elsewhere in this Bylaw;
"SEWAGE COLLECTION SYSTEM" - means a privately or publicly owned system
for treating sewage effluent, recognized by Alberta Environment, consisting of either
a communal or an on-site sewage collection system;
"SEWAGE COLLECTION SYSTEM - COMMUNAL" - means a sewerage project
for sewage disposal (as defined under Safety Codes Act) which involves the transfer
of effluent from its place of origin, such as an On-Site Sewage Collection System, to
a central holding area, such as a lagoon, where primary and secondary treatment
can occur;
"SEWAGE COLLECTION SYSTEM - ON SITE" - means a method of sewage
collection, and treatment recognized under the Safety Codes Act. Sewage
containment systems may include impermeable holding tanks for transfer to a
communal sewage collection system, septic fields, and evaporation mounds, but
does not include any form of outhouse or privy that is not capable of
accommodating grey water waste;
"SHORT FORM" - means an abbreviation;
"SHORELINE" - means the land covered by water for such a period of time that it
no longer features the natural vegetation or marks of a distinct boundary from the
water environment and the soil of the water body and the vegetation of the
surrounding land;
"SIGN" - means an object or device intended for the purpose of advertising or
calling attention to any person, matter, thing or event, the specifications, design and
location of which must first be approved by the Development Authority;
"SIGN, CANOPY" - means a sign which is part of or attached to the outside edge
of a canopy;
"SIGN, FREESTANDING" - means a sign supported by one or more uprights,
braces or pylons, and which stands independently of buildings;
"SIGN, OFF-SITE" - means a sign that advertises goods, products, services or
facilities, or directs persons to a different location from where the sign is located.
Such a sign is not located on the parcel of the goods, products, services or facilities
advertised;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"SIGN, PROJECTING" - means a sign which is affixed to any building or part
thereof and extends beyond the building wall or parts thereof by more than 0.3 m.
(1.0 ft.). This does not include a sign attached to the ground;
"SIGN, ROOF" - means any sign erected upon, against or directly above a roof or
on top of or above the parapet wall of a building;
"SIGN, UNDER-CANOPY" - means a sign which is attached to the bottom face of
a canopy;
"SIGN, WALL" - means a sign that is attached to or placed flat against the exterior
wall or surface of any building, no portion of which projects more than 1.0 m. (3.3
ft.) from the wall, and which does not project above the roof or parapet;
"SINGLE DETACHED DWELLING" - means a complete building intended to be
used as a permanent residence not separated from direct access to the outside by
another separate or self-contained portion of a building and has a length to width
(or width to length) ratio of no more than 2.0:1.0. Does not include a mobile
home, manufactured home, or modular home as defined under this Bylaw;
"SPLIT LEVEL" - means a dwelling that has three separate living areas, each
separated from the next by one half-store;
"STATUTORY PLAN" - means a municipal plan, area structure plan or area
redevelopment plan pursuant to the Municipal Government Act;
"STOREY" - means the habitable space between the upper face of one floor and
the next above it. The upper limit of the top storey shall be the ceiling above the
topmost floor. A basement or cellar shall be considered a storey in calculating the
height of a building if the upper face of the floor above it is more than 1.8 m
(5.9 ft.) above grade;
"STOREY, HALF" - means that part of any building wholly or partly within the
framing of the roof, where the habitable floor area is not more than 70% of the
ground floor;
"STREET" - means a right-of-way no less than 10.0 m. (32.8 ft.) in width for a
public thoroughfare and designed for the use of vehicular or pedestrian traffic, but
does not include a lane or as defined as a street in the Highway Traffic Act;
"STRUCTURE" - means anything constructed or erected on the ground, or
attached to something on the ground, and includes all buildings;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" - means a subdivision
and development appeal board appointed pursuant to the Municipal Government
Act;
"SUBDIVISION AUTHORITY" - means a subdivision authority established
pursuant to Section 623 of the Municipal Government Act;
"SUBDIVISION OFFICER" means a person authorized to accept, process, and
endorse subdivisions on behalf of the subdivision authority pursuant to the
provisions of the Municipal Government act;
"TEMPORARY BUILDING" - means a structure that has been permitted to exist
for a limited time only;
"TEMPORARY LIVING ACCOMMODATION" - means any recreational vehicle,
including holiday trailer, motor home, camper, tent trailer, or tent, situated on a
residential lot;
"USE" - means a use of land or a building as determined by the Development
Authority;
"UTILITY" - means the components of a sewage, storm water or solid waste
disposal system, or a telecommunication, electrical power, water, gas or oil
distribution system;
"UTILITY BUILDING" - means a building in which the proprietor of a utility
company maintains his office or offices and/or maintains or houses any equipment
used in connection with the utility;
"YARD" - means a required open space unoccupied and unobstructed by any
structure or portion of a structure above the general ground level of the graded lot,
unless otherwise permitted in this Bylaw;
"YARD, FRONT" - means that portion of the parcel extending across the full width
of the parcel from the front property boundary line of the parcel to the front wall of
the main building. In the case of lakefront lots, the front yard is the area between
the lake shore property line (or, if the front property line is not a fixed point, the
standard mean high water mark as defined by Alberta Environment and Parks) and
the wall of the main building facing the lake;
"YARD, REAR" - means that portion of the parcel extending across the full width of
the parcel from the rear property boundary of the parcel to the exterior wall of the
building;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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"YARD, SIDE" - means that portion of the parcel extending from the front yard to
the rear yard and lying between the side property boundary of the parcel and the
nearest portion of the exterior wall of the building.
All other words and expressions have the meanings respectively assigned to them in
the Municipal Government Act.
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PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITY
1. The Development Authority for the Summer Village of West Cove is established
under this Bylaw pursuant to Section 624 of the Municipal Government Act.
The Development Authority for the Summer Village of West Cove is the person(s)
appointed by resolution of Council as Development Officer pursuant to this
Bylaw.
2. The office of the Development Officer is established through this Bylaw and shall
be filled by person(s) employed, or contracted, by the Summer Village of West
Cove.
3. The Development Authority shall be carried out in accordance to powers and
duties described in the Municipal Government Act, regulations established under
the Act, and this Bylaw, as amended from time to time.
4. For the purpose of the Development Authority, the Development Officer is
hereby declared to be an authorized person of the Summer Village of West Cove.
5. The Development Officer shall perform such duties that are specified under this
Bylaw.
6. The Development Officer shall keep and maintain for the inspection of the public
during all reasonable hours, a copy of this Bylaw and all amendments thereto;
keep a register or all applications for development, including the decisions
thereon and the reasons therefore.
7. For the purposes of right of entry, the Development Officer is hereby declared an
authorized person of Council.
8. For the purposes of Section 542 of the Act, the Development Officer is hereby
designated as authorized by the Municipality to discharge the relevant powers
and functions.
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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2.2
ESTABLISHMENT OF SUBDIVISION AUTHORITY
1. The Subdivision Authority is established by the Summer Village of West Cove
Subdivision Authority Bylaw, as amended; pursuant to Section 623 of the Act.
The Subdivision Authority shall:
a) Keep and maintain for the inspection of the public during all reasonable office
hours, a copy of this Bylaw and all amendments thereto, and ensure that
copies are available at a reasonable charge as prescribed by Council; and
b) Keep and maintain for the inspection of the public during all reasonable office
hours, a record of all applications for subdivision approval, including the
decisions thereto and the reasons thereto.
2.3
ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL
BOARD
1. The Subdivision and Development Appeal Board for the Summer Village of West
Cove, as established through the Summer Village of West Cove Subdivision and
Development Appeal Board Bylaw, as amended, shall perform the duties and
functions as described in the Bylaw and the Act.
2. The Subdivision and Development Appeal Board shall review all appeal
applications within its jurisdiction for development appeal, stop order appeal, and
subdivision application appeal.
2.4
AMENDMENT OF THE LAND USE BYLAW
2. The Council on its own initiative may give first reading to a bylaw to amend this
Land Use Bylaw.
3. A person may make application to the Development Officer for amendment to
this Land Use Bylaw. The application shall include:
c) a statement of the specific amendment requested;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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d) the purpose and reason for the application;
e) 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;
f) the applicant's interest in the lands;
g) an application fee to be determined by resolution of Council;
h) the cost of advertising for the public hearing; and
i) such other information as the Development Officer or Council deems
necessary to assess the motive of the application.
4. Upon receipt of a completed application along with all information required to
process the application for amendment to this Land Use Bylaw, the Development
Officer shall determine when the application will be placed before the Council
and shall issue not less than ten (10) days' notice to the applicant advising that
he may appear before Council at that time, and speak to the application. The
Development Officer shall place an application for amendment before the council
within sixty (60) days of its receipt.
5. The Council, in considering an application for an amendment to this Land Use
Bylaw, may at its sole discretion:
a) refer the application for further information; or
b) pass first reading to a bylaw to amend this Land Use Bylaw, with or without
modifications; or
c) pass first reading of an alternate amendment to this Land Use Bylaw.
6. Following first reading to an amending bylaw, Council shall:
a) establish the date, time and place for a public hearing on the proposed
bylaw;
b) outline the procedure to be followed by anyone wishing to be heard at the
public hearing; and
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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c) outline the procedure by which the public hearing will be conducted.
7. Following passage of the first reading to an amending bylaw, the Development
Officer shall issue notice of the public hearing:
a) by publication in two issues of a newspaper circulating in the area, the
publication date of the second issue being not less than five (5) days
preceding the date of the hearing; and
b) by mailing notice no less than ten (10) days preceding the date of the
hearing to:
(i)
the applicant, and
(ii)
to the registered owner of the land, if not the applicant, and the
owners of adjacent land if the proposed bylaw will result in a change
of district designation.
8. The notice of the public hearing shall provide the following information:
a) the purpose of the proposed bylaw;
b) the date, time and place of the public hearing;
c) that the proposed bylaw and any public documents applicable to the
proposed bylaw may be inspected at the Summer Village Office at all
reasonable times;
d) the procedure for the public hearing.
9. Prior to the public hearing, the Development Officer may forward a copy of the
proposed bylaw to any Agency or organization the Summer Village determines
may have an interest in the proposed amendment.
10. At the public hearing, Council shall hear:
a) any person or group of persons acting on his or their behalf, who:
(i)
has complied with the procedures outlined by Council, and
(ii)
claims to be affected by the proposed bylaw; and
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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b) any other person who wishes to make representations and whom Council
agrees to hear.
11. Council after considering:
a) any representations made at the public hearing; and
b) the Municipal Development Plan, any other Statutory Plan affecting the
subject property, and the provisions of the Land Use Bylaw;
may
(i)
make such amendments or changes as it considers necessary to the
proposed bylaw, if any, and proceed to pass the proposed bylaw; or
(ii)
defeat the proposed bylaw.
12. Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and/or negotiate a development agreement in
respect of the proposal which initiated the application for amendment.
13. After third reading of the proposed bylaw, the Development Officer shall send a
copy of it to:
a) The applicant; and
b) The registered owner of the land if different from the applicant.
2.5
SECTIONS FOUND TO BE INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, all remaining provisions are to remain in full force and in effect.
2.6
FORMS
For the purpose of administrating the provisions of this Land Use Bylaw, Council
shall, by resolution, authorize the preparation and use of such forms and notices as
it deems necessary.
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 30
PART 3 - DEVELOPMENT PERMITS
3.1
CONTROL OF DEVELOPMENT
No development other than that designated in Section 3.2 of this Bylaw shall be
undertaken within the municipality unless an application for it has been approved
and a development permit has been issued.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
All development undertaken in the municipality requires an approved development
permit prior to commencement, except the following provided the development
conforms to all other provisions of this Bylaw:
a) the carrying out of works of improvement, maintenance or renovation to any
building provided that such works do not include structural alterations or
additions;
b) the completion of any development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
development is completed in accordance with the terms of any permit
granted in respect of it, and provided that the development is completed
within the time limit of such a permit or within twelve (12) months of the
effective date of the Bylaw, whichever is earlier;
c) the use of any such development as is referred to in subsection (b) for the
purpose for which development was commenced;
d) the erection or construction of gates, fences, walls or other means of
enclosure less than 0.9 m. (3.0 ft.) in height in front yards and less than 1.8
m. (6.0 ft.) in other yards, and the maintenance or improvements of any
gates, fences or walls or other means of enclosure. No electrical or barbed
wire fences shall be permitted within the corporate boundaries of the
Summer Village;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 31
e) the erection or placement of a temporary building, the sole purpose of which
is incidental to the erection of a building for which a development permit has
been granted, provided the temporary building is removed within thirty (30)
days of substantial completion or as determined by the development officer;
f) the completion, alteration, maintenance or repair of a street, lane or utility
undertaken upon a public thoroughfare or utility easement, or undertaken to
connect the same with any lawful use of buildings or land;
g) any development carried out by or on behalf of the Crown but not including
that carried out by or on behalf of a Crown corporation;
h) any development carried out by or on behalf of the municipality provided that
such development complies with all applicable provisions of this Land Use
Bylaw;
i) a portable garden or tool shed not on a fixed foundation on the residential
parcel, such building not to exceed 9.3 sq. m. (100.1 sq. ft.) in floor area and
2.5 m. (8.2 ft.) in height;
j) development exempted from requiring a development permit under the
Municipal Government Act;
k) signs posted or exhibited in a building;
l) signs posted or exhibited in or on an operating motor vehicle if the vehicle is
not temporarily or permanently parked solely for the purpose of displaying
the sign;
m) a statutory or official notice of a function of the Summer Village of West
Cove;
n) traffic signs authorized by the Summer Village of West Cove and/or Alberta
Provincial authorities;
o) a sign or signs posted or exhibited solely for the identification of the land or
building on which it is displayed, or to give directions to visitors, including
professional, corporate or trade name plates identifying the occupants, if the
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 32
sign(s) does not exceed 0.19 sq. m. (2.0 sq. ft.) in area, subject to all other
orders, bylaws and regulations affecting such signs;
p) the erection of a maximum of two on-site signs relating to the sale, lease or
rental of the buildings, or land to which they are attached provided that:
(i)
such signs for any single detached dwelling or single detached dwelling
parcel does not exceed 0.56 sq. m. (6.0 sq. ft.) in area, and
(ii)
such signs for a multiple dwelling parcel, a commercial parcel does not
exceed 3.0 sq. m. (32.0 sq. ft.); and
(iii)
such sign shall not be illuminated;
q) campaign signs for federal, provincial, municipal or school board elections on
private properties for no more than thirty (30) days, or such other time as
regulated under provincial or federal legislation provided that:
(i)
such signs are removed within fourteen (14) days after the election
date, and
(ii)
the consent of the property owner or occupant is obtained; and
(iii)
the such signs do not obstruct or impair vision or traffic, and
(iv)
such signs are not attached to trees or utility poles, and
(v)
such signs indicate the name and address of the sponsor and the
person responsibility for removal;
r) signs on land or buildings used for religious, educational, cultural,
recreational, medical or similar public or quasi-public purposes, provided that:
(i)
such signs shall not exceed 1.1 sq. m. (12.0 sq. ft.) in area, and
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 33
(ii)
there shall be a limit of one sign for each side of the land or buildings
on a different street;
s) signs of building contractors relating to construction work in progress on the
land on which such signs are erected, provided that:
(i)
such signs do not exceed 3.0 sq. m. (32.0 sq. ft.) in area, and
(ii)
there shall be a limit of one sign for each boundary of the property
under construction which fronts onto a public street, and
(iii)
such signs shall be removed within fourteen (14) days of occupancy;
t) landscaping where it will not adversely affect the subject or adjacent
properties but does not include changes in grade, stockpiling or excavation;
u) hard surfacing of any yard area for the purpose of providing vehicular access
from a public roadway to an on-site parking stall provided that such hard
surfacing does not cause storm drainage to flow onto adjacent properties;
v) erection of radio towers, antennas, poles, etc. not exceeding 4.5 m. (15.0 ft.)
in height from grade provided that the structure is not located in the front
yard or on public land (i.e. lakefront or beach areas);
w) a fire pit;
x) flagpoles shall be permitted in the front yard, so long as same are not erected
on public land;
y) a home office, provided that the following are adhered to:
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
Page 34
(i)
No individual other than the permanent resident of the dwelling unit
operates the home office;
(ii)
No client or customer is received in the dwelling unit for business
purposes;
(iii)
The home office does not generate any pedestrian or vehicular traffic;
(iv)
There are no on-site exterior signs or advertisements of the home
office;
(v)
No materials, goods or finished products for business purposes are
stored on-site;
(vi)
The home office is operated as an accessory use only and must not
change the residential character or external appearance of the
dwelling unit.
3.3
SAME OR SIMILAR USES
The uses which are listed in the permitted and discretionary use columns under the
land use districts are not intended to be exclusive or restrictive. Where a specific
use does not conform to the wording of any definition, the Development Authority
may, at his/her discretion, determine that the use conforms to the spirit and intent
of the purpose of the land use district and is determined "same" or "similar" to other
uses allowed in that land use district. Notwithstanding the above, all uses defined
as "same" or "similar" shall be considered discretionary.
3.4
DEVELOPMENT PERMIT APPLICATIONS
1. An application for a development permit shall be made to the Development
Authority in writing:
a) on the form prescribed by Council and may be accompanied by;
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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(i)
a scaled parcel plan in duplicate showing the legal description, the
front, rear, and side yards and provision for off-street loading and
vehicle parking,
(ii)
a scaled floor plans, elevations and sections in duplicate,
(iii)
a statement of existing and proposed uses,
(iv)
a statement of registered ownership of land and interest of the
applicant therein together with a copy of the Certificate of Title
indicating ownership and encumbrances,
(v)
the estimated commencement and completion dates,
(vi)
the estimated cost of the project or contract price, and
(vii)
such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development.
b) the Development Authority may refuse to accept an application for a
development permit where the information required by Section 3.4.1(a) has not
been supplied or where, in the opinion of the Development Authority, the quality
of the material supplied is inadequate to properly evaluate the application; and
c) the Development Authority may review an application and make a decision
without all of the information required by Section 3.4.1(a), if it is the opinion of
the Development Authority that a decision on the application can be properly
made without such information.
2. A non-refundable processing fee, the amount of which being determined by
Council from time to time, shall accompany each application for a development
permit. Where the development has initiated prior to the Development Permit
being issued, the fee for the said permit is double the normal rate.
3. The municipality may register a caveat pursuant to the provisions of the Land
Titles Act and the Municipal Government Act in respect of the development
agreement against the Certificate of Title for the land that is the subject of the
development, with the said caveat being discharged when the agreement has
been complied with.
4. In the case where an application for a development has been refused by the
Development Authority or ultimately after appeal pursuant to Part 3 of this
SUMMER VILLAGE OF WEST COVE : LAND USE BYLAW 417-16
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Bylaw, the submission of another application for development by the same
applicant or any other applicant,
a) on the same parcel, and
b) for the same or similar use;
may not be made for at least six (6) months after the date of refusal.
3.5
DEVELOPMENT PERMITS AND NOTICES
1. A permit issued pursuant to this part shall come into effect:
a) after the twenty-first (21) day of the date of the issue of the Notice of
Decision by the Development Officer on the application for development
permit (14 day appeal period and 7 days for mailing in province); or
b) if an appeal is made, on the date that the appeal is finally determined and
the permit may be modified or nullified thereby.
Any development proceeded with by the applicant prior to the expiry of the
above is done solely at the risk of the applicant.
2. On the same date a development permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms
described as follows:
a) mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer, be affected; and/or
b) require the applicant to post a notice of the decision conspicuously on the
property for which the application has been made; and/or
c) publish in a newspaper circulating in the municipality a notice of the decision.
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3. If the development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, of the date of decision of the Subdivision and
Development Appeal Board, nor carried out with reasonable diligence as
determined by the Development Officer, the permit ceases to be effective, unless
an extension to this period, being no longer than an additional twelve (12)
months, has previously been granted by the Development Officer.
4. The decision of the Development Officer on an application for a development
permit shall be given to the applicant in writing.
5. If the Development Officer refuses an application for a development permit, the
notice of decision shall contain the reasons for the refusal.
6. Notwithstanding other provisions of Section 3.4.1 of this Bylaw, in accordance
with Section 685(3) of the Act, a development permit for a permitted use without
variance does not require notification other than to the landowner and applicant.
3.6
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
1. Permitted and Discretionary Use Applications.
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. Variance Provisions:
a) The Development Authority may conditionally approve a proposed use that
does not comply with this Bylaw, if, in its opinion,
(i)
the proposed development would not,
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A. unduly interfere with the amenities of the neighbourhood, or
B. materially interfere with or affect the use, enjoyment, or value of
neighbouring properties, and
(ii)
the proposed development conforms to the uses prescribed for that
land or building in this Bylaw,
b) Notwithstanding the above, a variance shall be considered only in cases of
unnecessary hardship or practical difficulties to the use, character, or
situation of land or building which are not generally common to other land in
the same district.
3. Development Permit Refusals:
When refusing an application for a development permit, the Development Authority
shall clearly describe the reasons for the said refusal on the notice of decision.
4. Temporary Permits:
Where a development permit is not required on a permanent basis, the
Development Authority may approve the development permit for a specified period
of time. The expiry date of all temporary development permits shall be clearly
indicated on the notice of decision.
3.7
DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS
In accordance with Section 684 of the Municipal Government Act, an application for
a development permit shall at the option of the applicant, be deemed to be refused
when the decision of the Development Authority, is not made within forty (40) days
of the completed application being received by the Development Authority unless
the applicant and the Development Authority have mutually entered into an
agreement to extend the forty (40) day period.
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3.8
SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS
1. If, after a development permit has been issued, the Development Authority
becomes aware that:
a) the application for the development contains a misrepresentation;
b) facts concerning the application or the development were not disclosed at the
time the application was considered;
c) the development permit was issued in error; or
d) the conditions of Development Permit Approval are not being complied with
to the satisfaction of the Development Authority,
the Development Authority may suspend or cancel the notice of decision or the
development permit by notice, in writing to the holder of it.
2. A person whose development permit is suspended or cancelled under this section
may appeal to the Subdivision and Development Appeal Board.
3.9
CONTRAVENTION
1. Where the Development Authority finds that a development or use of land or
buildings is not in accordance with:
a) the Municipal Government Act or the regulations; or
b) a development permit or subdivision approval; or
c) the Land Use Bylaw;
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the Development Authority may, by notice in writing, order the registered owner,
the person in possession of the land or buildings, or the person responsible for
the contravention or all of them to,
a) stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
b) demolish, remove or replace the development; or
c) take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the
Municipal Government Act, the regulations, a development permit, subdivision
approval or this Bylaw, as the case may be.
2. Where a person fails or refuses to comply with an order directed to him under
Subsection (1) or an order of the Subdivision and Development Appeal Board
under Section 645 of the Municipal Government Act within the time specified, the
Council or a person appointed by it may, in accordance with the Municipal
Government Act, enter upon the land or building and take such action as is
necessary to carry out the order. Where the Council or a person appointed by it
carries out an order, the Council shall cause the costs and expenses incurred in
carrying out the order to be registered as a caveat under the Land Titles Act
against the Certificate of Title for the land that is subject of the order pursuant to
Section 646 of the Municipal Government Act.
3. Where a notice is issued under Subsection (1), the notice shall state the
following and any other information considered necessary by the Development
Authority:
a) An explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the Act the order is being carried out; and
b) The alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention; and
c) A time frame in which the contravention must be corrected prior to the
Summer Village pursuing action; and
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d) Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
3.10
BYLAW ENFORCEMENT, PENALTIES AND FINES
This Bylaw may be enforced, and the contravention of any provisions contained
herein restrained, by the Court of Queen's Bench of Alberta upon action brought by
Council, whether or not any penalty has been imposed for the contravention.
1. A person who:
a) contravenes any provision of the Act or the regulations under the,
b) contravenes this Bylaw,
c) contravenes an order under Section 3.9 of this Bylaw and/or Section 645 of
the Municipal Government Act,
d) contravenes a development permit or subdivision approval or condition
attached thereto, and/or,
e) obstructs or hinders any person in the exercise or performance of his powers
or duties under this Act, the regulations under the Act or this Bylaw,
is guilty of an offense and is liable to a fine prescribed in Section 566 of the
Municipal Government Act.
2. If a person is found guilty of an offense under this Section or Section 557 of the
Municipal Government Act, the court may, in addition to any other penalty
imposed, order the person to comply with:
a) the Act and the regulations under the Act,
b) this Bylaw,
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c) an order under this Section and/or Section 645 of the Act, and/or
d) a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
3. Any written notice, or order, or decision that is required under any provision of
this Bylaw to be provided to any person shall be deemed to have been so
provided if it is:
a) delivered personally to the person or their agent it is directed to; or
b) mailed by certified mail to the last known address of the person it is directed
to.
4. If a person is found guilty of an offense under Subsections (1) or (2), the Court
may, in addition to any other penalty imposed, order the person to comply with
the Act, the Summer Village of West Cove Land Use Bylaw, or a development
permit, as the case may be.
5. Where a person is guilty of an offence under Subsection (1) or (2), the person is
liable upon conviction to a fine of not less than $2,500.00 and of not less than
$500.00 for every day that the offence continues.
3.11
DEVELOPERS' RESPONSIBILITY
1. A person to whom a development permit has been issued shall obtain from the
appropriate authority, where applicable, permits and/or approvals required in
connection with the proposed development.
2. The person to whom a development permit has been issued may be required to
notify the Development Officer:
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a) following the preliminary layout of the site, but prior to the commencement of
actual development therein; and
b) upon completion of the development for which approval has been given and
which has been authorized by the issuance of the development permit.
3. The Development Officer may require that further to Section 3.11.2(a), the
applicant arrange with the Development Officer for an on-site inspection before
commencing construction.
4. The applicant shall be financially responsible during construction for any damage
by the applicant, his/her servants, suppliers, agents or contractors to any public
or private property.
5. The applicant shall prevent excess soil or debris from being spilled on public
streets, lanes and sidewalks, and shall not place soil or any other material on
adjacent properties without permission in writing from adjacent property owners.
6. Sections 3.11.4 and 3.11.5 may be enforced pursuant to Section 3.10. Any
costs incurred as a result of damage or neglect to public property may be
collected where letters pursuant to Section 3.11.
7. The Development Officer may require a Real Property Report relating to the
building for which a permit is applied.
8. A development permit is not transferable without the prior consent of:
a) the Development Officer, if the permit was issued by the Development
Officer; or
b) the Subdivision and Development Appeal Board, if the permit was issued by
the Subdivision and Development Appeal Board.
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PART 4 - GENERAL DEVELOPMENT REGULATIONS
4.1
PRINCIPAL BUILDING OR USE
A maximum of one (1) principal building or principal use shall be considered a
permitted use within any land use district. All other buildings or uses shall be
considered discretionary.
4.2
DWELLING UNITS ON A PARCEL
1. Subject to Sections 4.9 and 4.10, no more than one dwelling shall be placed
upon a single parcel in a residential district within the corporate boundaries of
the Summer Village of West Cove;
4.3
BUILDING ATTACHED TO A PRINCIPAL BUILDING
Where a building is attached to the principal building by open or enclosed roof
structure, it is to be considered a part of the principal building and not an accessory
building.
4.4
BUILDING ORIENTATION AND DESIGN
The design, character and appearance of any building, or series of buildings,
structure or sign proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to:
a) amenities such as daylight, sunlight and privacy,
b) the character of existing development in the district, and
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c) its effect on adjacent parcels.
4.5
RELOCATION OF BUILDINGS
1. No person shall:
a) place on a parcel a building which has previously been erected or placed on a
different parcel, unless the Development Authority approves the placement;
or
b) alter the location on a parcel of a building which has already been
constructed on that parcel,
unless the Development Authority approves the alteration.
Notwithstanding any other provision of this Bylaw, no mobile homes may be
moved into the corporate boundaries of the Summer Village of West Cove after
July 1, 2011.
2. An application to "relocate" a building may require:
a) a colour photograph of the building,
b) a statement of the present location of the building,
c) a notification of the relocation route, date, and time that the relocation is to
take place, and
d) a complete site plan showing all buildings located or to be located on the lot.
3. The Development Authority may require, when a development permit is issued
for a relocated building, a performance bond or a letter of credit related to the
proposed development.
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4. The Development Authority may require; when a development permit application
is received to relocate a building, a notice in writing be forwarded to all adjacent
landowners in the receiving neighbourhood.
5. Any renovations and any conditions imposed by the Development Authority to a
relocated building shall be completed within one year of the issuance of the
development permit. Non-compliance shall result in the forfeiture of the
performance bond or letter of credit.
6. When reviewing development permit applications for moved-in buildings, the
Development Authority shall consider the impact of the proposed moved-in
building on the aesthetics and value of the adjoining properties.
7. In the case of a building to be relocated, it shall, in the opinion of the
Development Authority, be compatible, with respect to age and appearance, with
the buildings in the receiving neighbourhood once all required renovations and
improvements have been completed.
8. An approval shall not be granted under Subsection (1) unless the Development
Authority is satisfied that:
a) The placement or location of the building would meet the requirements of
this Bylaw; and
b) The building and the parcel meet the requirements of this Bylaw and the land
use district in which the building is proposed to be located as well as all
applicable building standards of the Alberta Government.
4.6
EXCAVATION, STRIPPING AND GRADING
1. In all land use districts, no person shall commence or continue the removal of
topsoil, without first obtaining an approved development permit.
2. Pursuant to subsection (1) and in addition to the requirements of Section 3.1 of
this Bylaw, development permit applications for landscaping shall be
accompanied by a landscaping plan and indicate any existing or proposed
retaining wall construction.
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3. The landscaping plan shall be provided upon occupancy of the development, a
minimum topsoil coverage of 7.6 cm. (3.0 in.) and the affected area shall be
landscaped to the satisfaction of the Development Authority.
4. In any commercial or industrial land use district, all areas of a parcel not covered
by buildings, parking or vehicular maneuvering areas shall be landscaped to the
satisfaction of the Development Authority.
5. In any commercial land use district, off-street parking lots shall be landscaped by
the planting of trees and/or shrubs in the amount of at least one tree and/or
shrub for every 185.8 sq. m. (2000.0 sq. ft.) of parking lot area. The trees
and/or shrubbery shall be of a type and size approved by the Development
Authority. Trees/shrubbery required shall be located within the parking area in
locations where visibility for the safe movement of persons and traffic is not
impaired.
6. As a condition of the development permit, all required landscaping and planting
must be carried out to the satisfaction of the Development Authority and within
one (1) year (weather permitting) of occupancy or commencement of operation
of the proposed development.
7. As a condition of a development permit, the Development Authority may require
that the developer provide a financial guarantee, in a form acceptable to the
Summer Village of West Cove, up to the value of the estimated cost of the
proposed landscaping/planting to ensure that such landscaping/planting is
carried out with reasonable diligence.
4.7
PROJECTIONS OVER YARDS
1. Projections on foundation walls and footings or on piles are deemed to be part of
the building and shall not be considered as a projection over a yard.
2. Projections over yards for accessory buildings and garages shall be in accordance
with Section 4.8 of this Bylaw.
3. Dwelling Unit eaves shall be considered part of the dwelling and may project
over a yard provided the projection is no closer than 1.2 m. (3.9 ft.) to a
property boundary adjoining a privately owned lot.
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4.8
GARAGES AND ACCESSORY BUILDINGS
1. In residential districts detached garages and accessory buildings shall be located
according to the following:
a) The maximum total combined floor area of all accessory buildings upon the
site shall be 130.0 sq. m. (1399.3 sq. ft.),
b) A garage shall be no closer to the front property line than 6.1 metres (20 ft).
All other accessory buildings shall be no closer to the front property line than
the principal dwelling, whichever is less.
c) a minimum of 2.0 m. (6.56 ft.) from the principal building,
d) an accessory building shall be situated so that the exterior wall is at least 1.2
m. (3.90 ft.) from the side boundaries and 1.0 m. (3.28 ft.) from the rear
boundary of the parcel,
e) A garage shall be no more than 7.3 metres (24 ft.) in height, and may be
higher than the principal dwelling. The maximum height of a garden suite
shall be 7.3 metres (24 ft.) The maximum height of all other accessory
buildings shall be 4.3 metres (14 ft.) or no higher than the principal dwelling,
whichever is less.
f) where an accessory building is a garage, vehicle access doors shall be a
minimum of 6.1 m. (20.0 ft.) from the property line with the roadway or lane,
g) no roof overhang shall be situated within 0.3 m. (1.0 ft.) of the side and rear
property boundary, and
h) an accessory building shall be located in such a manner that it does not
encroach upon easements and rights-of-way.
2. An accessory building shall not be used as a dwelling, subject to Section 4.9.
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3. Notwithstanding any other provision of this Bylaw, a maximum of one garage per
lot may be considered a "permitted" use, and no more than 4 sheds per lot may
be permitted.
4. No accessory buildings are permitted unless there a principal building has been
erected, or the principal building is permitted and erected simultaneously.
4.9
GARAGE AND GARDEN SUITES
1. A Garage Suite shall be developed as an integral part of a detached garage
where the principal building is a single detached dwelling.
2. Only one secondary suite, garage suite or garden suite may be developed in
conjunction with a principal building on a site.
3. A Garage Suite shall have an entrance separate from the vehicle entrance to the
detached garage, either from a common indoor landing or directly from the
exterior of the structure.
4. The minimum site width for a site with a garage suite or a garden suite shall be
12.0 m. (39.4 ft.).
5. The maximum height of a garage suite shall be 7.3 m. (24.0 ft.), or the height of
the principal building, whichever is the lesser.
6. The maximum height of a garden suite shall be 7.3 m. (24.0 ft.).
7. The maximum floor area for garage and garden suites shall be 60.0 sq. m.
(645.8 sq. ft.).
8. The minimum floor area of a garage suite or garden suite shall be 30.0 sq. m.
(322.9 sq. ft.).
9. The minimum side yard setback shall be:
a) For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
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b) For that portion of a detached garage that contains a Garage Suite, the same
as that for the principal building in the applicable district.
c) On a corner site where a Garage Suite or Garden Suite abuts a flanking
street, other than an alley, the minimum street side yard setback shall not be
less than that provided for the principal building.
10. The minimum distance between a detached garage containing a Garage Suite, or
Garden Suite and the principal building on the same site shall be 4.0 m. (13.1
ft.).
11. A minimum of one parking stall shall be provided in addition to the required
number of parking stalls for the principal building.
12. No decks on Garage Suite or Garden Suite roofs shall be allowed.
13. Balconies shall be allowed as part of a Garage Suite developed above a detached
garage only where the balcony faces the alley or a flanking street.
14. Windows contained within the Garage Suite portion of the detached garage shall
be placed and sized such that they minimize overlook into yards and windows of
abutting properties through one or more of the following:
a) Off-setting window placement to limit direct views of abutting rear or side
yard amenity areas, or direct view into a Garage Suite or Garden Suite
window on an abutting site;
b) Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c) Placing larger windows such as living room windows, to face an alley, a
flanking street, or the larger of any side yard abutting another property.
15. A Garage Suite or Garden Suite shall not be allowed within the same site
containing a Secondary Suite, Group Care Facility or Limited Group Home, or
Home Occupation.
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16. Where Garage Suites are discretionary within the applicable district, the
Development Authority may exercise discretion in considering a Garage Suite
having regard to:
a) Compatibility of the use with the siting, grade elevations, height, roof slopes
and building types and materials characteristic of surrounding low density
ground-oriented housing and development;
b) The effect on the privacy of adjacent sites; and
c) The policies and guidelines for Garage Suites contained in a Statutory Plan for
the area.
17. Garage and Garden Suites shall only contain rooms from sleeping
accommodation, a small common area, and bathroom facilities.
Compatibility of the use with the siting, grade elevations, height, roof slopes and
building types and materials characteristic of surrounding low density
4.10
SECONDARY SUITES
1. A secondary suite shall be operated as an accessory use only and shall not
change the residential character of the principal dwelling involved.
2. A development permit for a secondary suite expires upon transfer of ownership
of land upon which the secondary suite is located. All new owners shall be
required to secure all necessary approvals prior to recommencement of the use.
3. A secondary suite shall not contain more than fifty percent (50%) of the total
floor area of the principal dwelling.
4. On-site parking shall conform to the parking regulation of this Bylaw for the
principal dwelling unit, and one (1) additional on-site parking stall shall be
required for each bedroom provided in the secondary suite.
5. Required parking stall(s) shall not be allowed on public roadways.
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6. Prior to its use as an approved secondary suite the property owner shall be
required to meet all applicable safety code requirements.
7. The applicant shall provide an original copy of a fire inspection report to the
Development Officer, no older than 1 month, showing no deficiencies or
evidence that all identified deficiencies have been corrected, prior to the issuance
of an approval for a Secondary Suite.
4.11
CORNER AND DOUBLE FRONTING PARCELS
In all land use districts, a parcel abutting onto two streets or more shall have a front
yard setback on each street in accordance with the front yard requirements of this
Bylaw. For the purposes of determining the setback requirements, the long front
yard shall be referred to as the flanking front yard.
4.12
CORNER SIGHT TRIANGLES
1. A sight triangle means that triangle formed by a straight line drawn between two
points on the exterior boundaries of the said site 6.1 m. (20.0 ft.) from the point
where they intersect.
2. On laneways, the sight triangle shall be
formed by a straight line drawn between two
points on the exterior boundaries of the said
site 3.05 m. (10.0 ft.) from the point where
they intersect.
3. On any corner site, no person shall erect,
place or maintain within the sight triangle a
wall, fence, shrub, trees, hedge, or any
object over 0.9 m. (3.0 ft.) in height above
the lowest street grade adjacent to the
intersection.
4. On any corner site, no finished grade shall
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exceed the general elevation of the street line by more than 0.6 m. (2.0 ft.)
within the area defined as the sight triangle.
5. When a lot has more than one front yard line (corner lot), the front yard
requirement shall apply to all front yards, but, at the discretion of the
Development Authority, one front yard may be considered a side yard.
4.13
BUILDING DEMOLITION
An application to demolish a building shall not be approved without a statement or
plan, which indicates:
a) how the operation will be carried out so as to create a minimum of dust or
other nuisance, and
b) the final reclamation of the parcel,
that is satisfactory to the Development Authority.
4.14
OFF-STREET PARKING REQUIREMENTS
1. 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 addition or
change is use is proposed.
2. 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) Garage suite or secondary suite - 1 space per additional dwelling unit.
4.15
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. All matters related to unsightly property, improper storage of vehicles, parking of
commercial vehicles over 5,500.0 kg. (12,125.42 lbs.) shall be addressed through
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the Municipal Government Act and bylaws adopted by Council other than this
Land Use Bylaw.
2. The following prohibited or restricted developments shall be subject and
addressed in accordance with this Bylaw:
a) any excavation, storage or piling up of materials required during the
construction stage unless all necessary safety measures are undertaken, and
the owner of such materials or excavations assumes full responsibility to
ensure the situation does not prevail any longer than reasonably necessary to
complete a particular stage of construction work.
3. Subject to Section 4.14(1) no person shall keep or permit in any part of a yard in
a residential land use district:
a) any dismantled or wrecked vehicle;
b) any object or chattel which, in the opinion of the Development Officer, is
unsightly or tends to adversely affect the amenities of the district.
4. In all land use districts, garbage shall be stored in weather and animal proof
containers screened from adjacent parcels and public thoroughfares to the
satisfaction of the Development Officer, and shall be in a location easily
accessible for pickup.
5. Sites and buildings in all districts shall be maintained in a clean and tidy condition
free from all rubbish and debris.
6. In any district, no storage or activity may be undertaken which, in the opinion of
the Development Officer, constitutes a danger or annoyance to persons on site,
on public property, or on any other site, by reasons of excessive noise, vibration,
dust and other particulate matter, smoke, odour, toxic, and noxious matter,
traffic, radiation hazards, fire, and explosive hazards, heat, humidity and glare,
refuse matter or waterborne waste, water or steam.
4.16
FENCES
1. RESIDENTIAL DISTRICTS
a) In any residential district, except as herein provided:
(i)
No fence shall be constructed that is:
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A. Higher than 1.83 m. (6.0 ft.) for that portion of the fence that does
not extend forward beyond the foremost portion of the principal
building on the parcel; and
B. Higher than 0.91 m. (3.0 ft.) for that portion of the fence that
extends into the front yard beyond the foremost portion of the
principal building on the parcel.
b) Development Authority approval is required for fence construction at heights
in excess of those provided for in Section 3.2 of this Bylaw and shall require
an approved development permit.
c) Where parcels have both their front and rear yards facing onto a street,
special approval of the Development Authority must be obtained prior to the
erection of any fences on such parcel. Size and specifications for fences in
these areas must conform to the overall standard set for the area by the
Summer Village of West Cove.
4.17
HOME OCCUPATIONS
1. Home occupations (Home Based Businesses) shall comply with the following
provisions:
a) Home occupations shall not be allowed on a site unless a dwelling is located
on the site on which the home occupation is to be located.
b) All development permits issued for home occupations shall be revocable at
any time by the Development Authority, if, in its opinion, the home
occupation is or has become detrimental to amenities of the neighborhood in
which it is located or if there is any change or intensification of the home
occupation as originally approved.
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c) The Development Authority may, in its sole discretion, place time limits on
the period for which a development permit for a home occupation is valid.
d) No home occupation shall substantially change the principal character of
external appearance of the dwelling involved or of any accessory buildings.
e) Home occupations shall be incidental and subordinate to the principal use of
the dwelling and/or garage and shall not be conducted within any other
structures on the property.
f) There shall be no outdoor business activity, or outdoor storage of material or
equipment associated with the home occupation allowed on the site.
g) The home occupation shall not create any nuisance by way of noise, dust,
odour, or smoke, or anything of an offensive or objectionable nature.
h) There shall be no mechanical or electrical equipment used which creates
external noise, or visible or audible interference with home electronics or
computer equipment in adjacent dwellings.
i) When a development permit is issued for a home occupation, such permit
shall be terminated should the applicant vacate the property for which the
permit has been issued.
j) Pedestrian or vehicular traffic or parking, shall not, in the opinion of the
Development Authority, be generated in excess of that which is characteristic
of the district in which the home occupation is located.
k) Only one (1) commercial vehicle, of a haul capacity not exceeding 5,500.0 kg.
(12,125.42 lbs.) shall be used in conjunction with the home occupation, or
parked or maintained on the site or on the road in proximity to the site. Truck
trailers or vehicle accessories or equipment shall not be kept on site unless
they are located within an accessory building.
l) Home occupations shall not involve:
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(i)
activities that use or store hazardous material in quantities exceeding
those found in a normal household; or
(ii)
any use that would in the opinion of the Development Authority,
materially interfere with or affect the used, enjoyment, or value of
neighboring properties.
m) The number of non-resident employees or business partners working on site
shall not exceed one (1) at any time. No more than two people shall be
working at the home occupation site at any time.
n) Storage related to the business activity and the business activity itself may be
allowed in either the dwelling or garage.
o) The home occupation shall not be allowed if, in the opinion of the
Development Authority, such use would be more appropriately located in the
Commercial or an Industrial District, having regard for the overall
compatibility of the use with the residential character of the area.
p) The dwelling or garage in which a home occupation is located may have one
fascia sign placed on the structure, providing that the sign does not exceed
0.4 sq. m. (4.3 sq. ft.) in area. No other signage will be permitted.
4.18
BED AND BREAKFAST OPERATIONS
In addition to all other provisions and requirements of Section 4.17 of this Bylaw,
the following additional requirements shall apply to home based business in the
form of bed and breakfast operations:
a) Persons wishing to operate a bed and breakfast operation shall be required to
apply for a development permit from the Summer Village of West Cove.
b) A bed and breakfast operation shall be limited to residential land use districts
and shall be contained entirely within the principal building.
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c) A bed and breakfast operation shall be limited to one meal provided on a
daily basis to registered guests only with such meal being prepared in one
common kitchen and served in one common room.
d) In addition to the off-street parking requirements for the dwelling unit itself,
as stipulated in Section 4.14(2) of this Bylaw, 1 (one) off-street parking space
per rented guest room shall be required for a bed and breakfast operation.
4.19
RECREATIONAL
VEHICLES
AND
TEMPORARY
LIVING
ACCOMMODATIONS
1. A total maximum of any two (2) recreational vehicles, be they holiday trailers,
motor homes, campers, tent trailers or tents, may be situated, either occupied or
unoccupied for storage purposes, on a residential parcel provided that a
permanent Single Detached Dwelling exists on the parcel. Such recreational
vehicle(s) must be located on-site on a parking stall or in another location on-site
in a manner satisfactory to the Development Authority;
2. No recreational vehicles, be they holiday trailers, motor homes, campers, tent
trailers, or tent may be parked on any residential parcel where no permanent
Single Detached Dwelling exists on the parcel, except that any person in
possession of a valid Development Permit for the construction of a Single
Detached Dwelling may be granted a Temporary Development Permit, for a
period not to exceed twelve (12) consecutive months, to place a single (1)
recreational vehicle on the parcel. An extension to the Temporary Development
Permit, for no more than an additional twelve (12) months, may be granted at
the discretion of the Development Authority.
3. At no time may a person store any derelict recreation vehicle on a property.
Dereliction may be assessed by inoperability, immobility, excessive rust, decay or
damage, fluid leaks, abandonment, lack of registration, or any or all of these.
4.20
GENERAL SIGN REGULATIONS
1. All temporary signs shall be regulated and controlled through a separate
Municipal Sign Bylaw.
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2. No sign of an advertising, directional or information, nature shall be erected on
land or affixed to any exterior surface of any building or structure unless an
application for this purpose has been approved by the Development Officer.
3. Signs shall comply with the setback requirements for principal buildings in the
district in which the sign is located unless otherwise allowed by this Bylaw or the
Development Officer.
4. In considering a development application for a sign the Development Officer shall
have due regard for the amenities of the area and the design of the proposed
sign.
5. No sign, other than one providing a public service and deemed appropriate by
the Development Officer shall be permitted to locate on a public right of way or
reserve.
6. No sign shall be illuminated unless the source of light is suitably shielded and
does not interfere with vehicular traffic.
7. There shall be a minimum clearance height of 2.5 m. (6.0 ft.) above finished
grade to the bottom of any sign projecting over a public right-of-way or
sidewalk.
8. No sign shall project more than 1.5 m. (5.0 ft.) above the top of any main wall or
parapet to which it is affixed, unless in the opinion of the Development Officer it
has been designed as an integral part of the building.
9. No sign shall project more than 1.5 m. (5.0 ft.) out from the face of any building
to which it is affixed unless, in the opinion of the Development Officer it has
been designed as an integral part of the building.
10. The Development Officer may refuse to allow any sign which is deemed to be
offensive in nature or inappropriate in design.
11. The area around sign structures shall be kept clean and free of overgrown
vegetation and free from refuse material.
12. The Development Officer may require the removal of any sign which, in his
opinion is or has become unsightly or is in such state of disrepair as to constitute
a hazard.
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4.21
SIGNS IN COMMERCIAL DEVELOPMENTS
Where commercial buildings are permitted the following regulations shall apply:
a) For each principal building, one identification sign; not to exceed 3.0 sq. m.
(32.29 sq. ft.) in area.
b) Signs may be detached if they do not exceed a height of 2.0 m. (6.56 ft.) or
project into any required setback area.
c) Where a sign is not detached, it shall be placed flat against the building or be
designed as part of an architectural feature thereof, or as a canopy sign.
d) One wall sign only will be permitted to indicate the name and nature of the
occupancy for each tenancy within the development. The sign shall not
exceed a total area of 0.9 sq. m. (9.68 sq. ft.) of copy for each lineal metre of
building occupancy.
e) If the occupancy is on a corner, one wall sign will be permitted for each face.
f) If the building includes a canopy, each tenant will be permitted one under-
canopy sign of no more than 0.5 sq. m. (5.38 sq. ft.).
4.22
KEEPING OF ANIMALS
1. No person shall keep or permit to be kept in any part of any yard in any Land
Use District any livestock.
2. No person shall keep or permit to be kept in any part of any yard in any Land
Use District any pets or domestic animals of any kind on a commercial basis, that
is, for the purpose of breeding or caring in exchange for pay or other
compensation or remuneration, unless said keeping occurs within the confines of
an approved kennel.
3. In addition to this Section, the regulations in the Residential Districts respecting
the keeping of animals will apply
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4.23
SEA CANS
No Sea Cans may be placed upon any lot within the corporate limits of the Summer
Village of West Cove.
4.24
FIRE PITS
Within the corporate limits of the Summer Village of West Cove, fire pits must:
a) Be at least 3.0 m. (10.0 ft.) from buildings, property lines and anything else
that could catch fire.
b) Be less than 0.6 m. (2.0 ft.) high.
c) Be less than 1.0 m. (3.0 ft.) wide.
d) Have enclosed sides made from bricks,
concrete or heavy-gauge metal.
PART 5 - LAND USE DISTRICTS AND REGULATIONS
5.1
ESTABLISHMENT OF DISTRICTS AND LAND USES
1. For the purposes of this Bylaw the Summer Village of West Cove is divided into
the following districts:
Short Form
District Designation
R
Residential
R2
Residential -
US
Urban Services
P
Parks
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UR
Urban Reserve
2. The boundaries of the districts listed in subsection (1) are as delineated on the
Land Use District Map.
3. Where uncertainty exists as to the boundaries of districts as shown on the Land
Use District Map, the following rules shall apply:
a) Where a boundary is shown as following a street, lane, stream or canal, it
shall be deemed to follow the centre line thereof.
b) Where a boundary is shown as approximately following a lot line, it shall be
deemed to follow the lot line.
c) In circumstances not covered by 3a or 3b the location of the district boundary
shall be determined by:
(i)
Where dimensions are set out on the Land Use District Map, by the
dimensions so set; or
(ii)
Where dimensions are set out on the Land Use District with respect to
such boundary, by measurement of and use of the scale shown on the
Land Use District Map.
4. Where the application of the above rules does not determine the exact location
of the boundary of a district, Council either on its motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary shall fix the portion of the district boundary in
doubt or dispute in a manner consistent with the provisions of this Bylaw and the
degree of detail as to measurements and directions as the circumstances may
require.
5. After Council has fixed a district boundary pursuant to the provisions of
subsection (4), the portion of the boundary so fixed shall not be thereafter
altered except by an amendment of this Bylaw.
6. Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
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5.2
R - RESIDENTIAL
1. General Purpose of District
This district is generally intended to accommodate single detached dwellings and
modular homes.
2. Permitted Uses
Discretionary Uses
- Single Detached Dwelling
- Modular home
- Secondary Suites
- Buildings and uses accessory to
permitted uses
- Recreational Vehicles and
Temporary Living
Accommodations
- Day homes
- Major Home Occupations
- Parks and playgrounds
- Public or quasi-public uses
- Public utilities required to serve
the immediate area
- Show homes
- Buildings and uses accessory to
discretionary uses.
- Other uses which, in the opinion
of the Development Authority, are
similar to the permitted and
discretionary uses.
3. Parcel Coverage
Coverage of all buildings shall not exceed 40% of the total parcel area.
4. Minimum Floor Area (not including attached garage)
Shall be no less than 74.3 sq. m. (800.0 sq. ft.).
5. Maximum Height
The height of all structures shall not exceed 9.45 m. (31.0 ft.) and is subject to
the provision of this Bylaw.
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6. Minimum Parcel Area
All new parcels to be created shall have a minimum parcel area not less than
557.4 sq. m. (6000.0 sq. ft.).
7. Minimum Front Yard Setback
a) Lakefront lots: at the discretion of the Development Officer, but not less than
8.0 m. (26.2 ft.).
b) All other cases: 6.1 m. (20.0 ft.).
c) For accessory buildings see Section 4.8.
8. Minimum Side Yard Setback
a) Minimum of 1.5 m. (5.0 ft.).
b) For accessory buildings see Section 4.8.
9. Minimum Rear Yard Setback
a) Minimum of 1.5 m. (5 ft.), except in the case of garages as in Section 4.8.
b) For accessory buildings see Section 4.8.
5.3
R 2 - Residential
(1)
General Purpose of District
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This district is generally intended to provide for vehicle parking, but does include
a garage.
(2)
Permitted Uses
Discretionary Uses
- Parking Lot
- Other uses which, in the opinion of
the Development Authority, are
similar to the permitted use.
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5.4
US - URBAN SERVICES
1. General Purpose of District
This district is generally intended to establish an area for the development of
institutions or community services.
2. Permitted Uses
Discretionary Uses
- Day care facility
- Library
- School
- Accessory Building & Use
- Cemetery
- Extended Medical Treatment
Facility
- Protective & Emergency Services
- Parks and playgrounds
- Places of public assembly
- Public uses
- Buildings and uses accessory to
discretionary uses
- Other uses which, in the opinion
of the Development Authority,
are similar to the permitted and
discretionary uses.
3. Development Regulations for Permitted and Discretionary Uses
All parcel regulations shall be at the discretion of the Development Authority.
The design, siting, landscaping, screening and buffering shall minimize and
compensate for any objectionable aspects or potential incompatibility with
development in abutting districts.
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5.5
P - PARKS
1. General Purpose of District
This district is generally intended to establish an area for recreational and leisure
activities
2. Permitted Uses
Discretionary Uses
- Parks and playgrounds
- Publicly owned minor
recreation and cultural
facilities
- Commercial recreation facility
- Major recreation and cultural
facility
- Schools
- Buildings and uses accessory to
discretionary uses
- Other uses which, in the opinion
of the Development Authority,
are similar to the permitted and
discretionary uses.
3. Development Regulations:
All parcel regulations shall be at the discretion of the Development Authority.
The design, siting, landscaping, screening and buffering shall minimize and
compensate for any objectionable aspects or potential incompatibility with
development in abutting districts.
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5.6
UR - URBAN RESERVE
1. General Purpose of District
This district is generally intended to reserve, for urban development, those areas
of the municipality which are rural in character.
2. Permitted Uses
Discretionary Uses
-
Extensive agriculture
-
Parks
-
Single detached dwelling,
modular home, or
manufactured home on
existing parcels only.
-
Any use or building which, in the
opinion of the Development
Officer, will not prejudice the
possibility of conveniently and
economically subdividing the
area for urban development.
3. Development Regulations for Permitted and Discretionary Uses
a) No subdivision shall be permitted except as required in the Act, or for
municipal purposes.
b) All development regulations shall be at the discretion of the Development
Authority.
c) No subdivisions or development other than for the above uses shall take
place until an overall plan for the area has been resolved. This plan should
establish an outline plan of subdivision, the proposed land use classification,
public reserve dedications and utilities policies.
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(3)
Parcel Coverage
Coverage of all buildings may be 80%, provided that adequate provision is made
for on-site parking, loading and garbage facilities.
(4)
Minimum Parcel Area
No new parcel shall be created by subdivision with an area of less than 371.6 m2
(4,000 ft2), or a width of less than 6.0 m (19.7 ft.), or a depth of less than 30.0
m (98.4 ft.).
(5)
Minimum Rear Yard
None required provided that adequate provision is made for parking, loading and
garbage facilities.
(6)
Minimum Side Yard
None required unless abutting a residential district. The side yard required
where the parcel abuts a residential district shall be 1.5 m (4.9 ft.) or 40% of the
height of the building, whichever is greater. Where one is provided, no side yard
shall be less than 1.5 m (4.9 ft.).
(7)
Maximum Height
Shall not exceed 9.45 m (31.0 ft.).
(8)
Minimum Front Yard Setback
No front yard setback shall be required.
(10)
Adjacent Developments
The design, siting, landscaping, screening and buffering of all developments shall
minimize and compensate for any environmental problems or objectionable
aspects imposed upon or occurring from existing or potential development in
abutting districts.
(11)
Parking and loading shall be provided in accordance with the provisions of this
Bylaw.
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5.7
EXAMPLES OF BUILDING PLACEMENT UPON RESIDENTIAL LOTS
Max. Height 7.31 m
(24.0 ft.)
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PART 6 - ADMINISTRATION
6.1
SCHEDULES
Schedule A is part of this Bylaw. Schedule A is the Land Use Bylaw Map.
6.2
REPEALING EXISTING CONTROLS
Bylaw No. 293-10, as amended, is hereby repealed.
6.3
DATE OF COMMENCEMENT
This Bylaw comes into effect upon the date of it finally being passed.
READ A FIRST TIME IN COUNCIL THE _5th_DAY OF __July___, AD 2016.
_____________________________________ ____________________________________
Mayor Chief Administrative Officer
READ A SECOND TIME IN COUNCIL THE _25th_DAY OF _August_, AD 2016.
_____________________________________ ____________________________________
Mayor
Chief Administrative Officer
READ A THIRD AND FINAL TIME IN COUNCIL THE _25th_DAY OF _August_, AD
2016.
_____________________________________ ____________________________________
Mayor Chief Administrative Officer
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6.4
SCHEDULE "A"
-
LAND USE BYLAW MAP