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LIST OF AMENDMENTS
NUMBER
BYLAW
THIRD READING DATE
PURPOSE
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3
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LAND USE BYLAW USER GUIDE
The Summer Village of Birchcliff Land Use Bylaw establishes regulations affecting the development and use of land within the
municipality. Regulations vary depending on the location and type of development. In addition to the Land Use Bylaw, other
bylaws or regulations of the Summer Village of Birchcliff, the provincial government, and the federal government must also be
followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works:
1
The Land Use District Map divides the Summer Village of Birchcliff into six distinct land use districts.
2
The text of the Land Use Bylaw details application, appeal, and enforcement processes affecting the
development and use of land within the Summer Village.
3
Additional regulations are provided in Section 9 that apply to specific uses and land use districts.
These regulations control what types of land uses and developments are allowed on a lot.
The following steps may assist the user:
LOCATE
The Land Use District Map divides the Summer Village into four land use districts. Take note of which
land use district the subject property is located in. Please note that Land use districts are often
referred to as "Zones" or "Zoning." In order to conform to the language of the Municipal Government
Act, this document uses the terms "district" and "districting."
CHECK
The Table of Contents and locate the land use district that applies to your lot. Each land use district is
listed in Section 10. In each land use district you will find a list of permitted and discretionary uses,
subdivision regulations, development regulations, and other miscellaneous regulations. These
regulations determine how and what can be developed in the district. There are definitions in Section
3.2 that should also be consulted to ensure that words and terms used in the Land Use Bylaw are
understood.
REVIEW
The Table of Contents should be reviewed to see if there are any General or Specific Development
Regulations that apply to the development or use in question.
DISCUSS
We encourage you to discuss your proposal or concern with Summer Village Administration. The
Summer Village Administration is trained and eager to assist you with your development, subdivision,
or general inquiry issues and to explain procedures. They can also assist with other situations such as
enforcement or a Land Use Bylaw amendment.
Please note that the Guide to Using the Land Use Bylaw is only intended to assist users and does not form part of this bylaw.
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TABLE OF CONTENTS
LIST OF AMENDMENTS
1
TABLE OF CONTENTS
3
1.
INTRODUCTION
6
1.1
TITLE
6
1.2
PURPOSE
6
1.3
REPEAL
6
1.4
COMPLIANCE
6
1.5
SEVERABILITY
6
1.6
FORMS
6
1.7
FEES
6
2.
AUTHORITIES
7
2.1
COUNCIL
7
2.2
DEVELOPMENT AUTHORITY
7
2.3
DEVELOPMENT OFFICER
7
2.4
MUNICIPAL PLANNING COMMISSION
7
2.5
SUBDIVISION AUTHORITY
7
2.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
7
3.
INTERPRETATION
8
3.1
RULES OF INTERPRETATION
8
3.2
DEFINITIONS
8
3.3
WORDS NOT DEFINED
20
4.
AMENDMENTS
21
4.1
APPLICATIONS
21
5.
DEVELOPMENT PERMITS
24
5.1
CONTROL OF DEVELOPMENT
24
5.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
24
5.3
NON-CONFORMING BUILDINGS AND USES
25
5.4
APPLICATION FOR DEVELOPMENT
26
5.5
PERMISSION FOR DEMOLITION
27
5.6
PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS
28
5.7
DEVELOPMENT AGREEMENTS
31
5.8
VARIANCES
31
5.9
NOTICE OF DECISION
32
5.10 CANCELLATION
33
5.11 COMPLIANCE WITH OTHER LEGISLATION
33
6.
SUBDIVISION APPLICATIONS
34
6.1
SUBDIVISION APPLICATION REQUIREMENTS
34
6.2
SUBDIVISION PROCESS
35
6.3
DUTIES OF THE SUBDIVISION AUTHORITY
35
6.4
SUBDIVISION REQUIREMENTS AND CONDITIONS
36
7.
APPEALS
37
7.1
DEVELOPMENT APPEALS
37
7.2
SUBDIVISION APPEALS
38
7.3
APPEAL HEARINGS AND DECISIONS
38
4
8.
ENFORCEMENT
39
8.1
SCOPE OF ENFORCEMENT
39
8.2
PROVISION OF ENFORCEMENT
39
8.3
PROHIBITION
39
8.4
RIGHT OF ENTRY
39
8.5
VIOLATION WARNINGS
39
8.6
OFFENSES AND FINES
39
8.7
STOP ORDERS
39
8.8
VIOLATION TAGS AND TICKETS
40
9.
LAND USE REGULATIONS
41
9.1
ACCESSORY BUILDINGS IN THE R1 DISTRICT
41
9.2
ACCESORY BUILDINGS IN THE R2 AND R3 DISTRICTS
41
9.3
ACCESSORY BUILDINGS (GARAGES)
42
9.4
BUILDING ORIENTATION AND DESIGN
42
9.5
DEVELOPMENT IN THE CC1 AND CC2 DISTRICTS
43
9.6
DRIVEWAYS
43
9.7
FENCES
43
9.8
HOME OCCUPATIONS
44
9.9
KEEPING OF ANIMALS
45
9.10 LANDSCAPING, ENVIRONMENTAL CONSERVATION, AND DEVELOPMENT
45
9.11 MANUFACTURED HOMES
47
9.12 MECHANIZED EXCAVATION, STRIPPING, AND GRADING
47
9.13 NUMBER OF DWELLINGS AND BUILDINGS ON A LOT
47
9.14 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
47
9.15 PRIVATE POOLS AND PONDS
48
9.16 PROJECTION OVER YARDS
48
9.17 PUBLIC PROPERTY
48
9.18 RECREATIONAL VEHICLES IN THE R1, R2, AND R3 DISTRICTS
49
9.19 RELOCATION OF BUILDINGS
49
9.20 REPLACEMENT TREES AND SHRUBS
50
9.21 SEA CANS
50
9.22 SIGHT LINES AT INTERSECTIONS OF ROADWAYS
50
9.23 SUBDIVISION AND SUBDIVISION DESIGN STANDARDS
50
9.24 SUITES, GUEST HOUSE
50
9.25 SUITES, SECONDARY
51
9.26 TOURIST HOMES
51
10.
LAND USE DISTRICTS
52
10.1 ESTABLISHMENT OF LAND USE DISTRICTS
52
11.
R1 - LAKESHORE RESIDENTIAL DISTRICT
53
11.1 PURPOSE
53
11.2 PERMITTED USES
53
11.3 DISCRETIONARY USES
53
11.4 SUBDIVISION REGULATIONS
53
11.5 DEVELOPMENT REGULATIONS
53
11.6 PARKING REGULATIONS
53
11.7 OTHER REGULATIONS
54
12.
R2 - BACKLOT RESIDENTIAL DISTRICT
55
12.1 PURPOSE
55
12.2 PERMITTED USES
55
5
12.3 DISCRETIONARY USES
55
12.4 SUBDIVISION REGULATIONS
55
12.5 DEVELOPMENT REGULATIONS
55
12.6 PARKING REGULATIONS
55
12.7 OTHER REGULATIONS
56
13.
R3 - COUNTRY RESIDENTIAL DISTRICT
57
13.1 PURPOSE
57
13.2 PERMITTED USES
57
13.3 DISCRETIONARY USES
57
13.4 SUBDIVISION REGULATIONS
57
13.5 DEVELOPMENT REGULATIONS
57
13.6 PARKING REGULATIONS
57
13.7 OTHER REGULATIONS
58
14.
CC1 - CHURCH CAMP DISTRICT
59
14.1 PURPOSE
59
14.2 PERMITTED USES
59
14.3 DISCRETIONARY USES
59
14.4 SUBDIVISION REGULATIONS
59
14.5 DEVELOPMENT REGULATIONS
59
14.6 SITE DEVELOPMENT
59
14.7 BUILDING DESIGN
60
14.8 SERVICING REQUIREMENTS
60
14.9 LANDSCAPING REQURIEMENTS
60
14.10 PARKING REQUIREMENTS
61
14.11 OTHER REGULATIONS
61
15.
CC2 - CHURCH CAMP COTTAGE DISTRICT
62
15.1 PURPOSE
62
15.2 PERMITTED USES
62
15.3 DISCRETIONARY USES
62
15.4 SITE PLAN ILLUSTRATING AREAS 1 TO 34
62
15.5 DEVELOPMENT REGULATIONS
63
15.6 SITE DEVELOPMENT
63
15.7 CHURCH CAMP COTTAGE DESIGN REQUIREMENTS
63
15.8 SERVICING REQUIREMENTS:
64
15.9 PARKING REQUIRMENTS
64
15.10 OTHER REGULATIONS
64
16.
EOS - ENVIRONMENTAL OPEN SPACE DISTRICT
65
16.1 PURPOSE
65
16.2 PERMITTED USES
65
16.3 DISCRETIONARY USES
65
16.4 DEVELOPMENT REGULATIONS
65
16.5 PARKING REGULATIONS
65
16.6 OTHER REGULATIONS
65
17.
LAND USE DISTRICT MAP
66
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1. INTRODUCTION
1.1
TITLE
1.1.1
This Bylaw (Bylaw 258-25) may be cited as "The Summer Village of Birchcliff Land Use Bylaw."
1.2
PURPOSE
1.2.1
The purpose of this bylaw is to, amongst other things;
a. Divide the municipality into districts;
b. Regulate the use and development of land and buildings in each district;
c. Establish the office of the Development Officer;
d. Establish a method of making decisions on applications for Development Permits including the issuing of
Development Permits;
e. Implement the policies in the Summer Village's statutory plans;
f.
Implement the vision and action items in the Summer Village's Climate Plan;
g. Provide the manner in which notice of the issuance of a Development Permit is to be given; and
h. Protect the shoreline and water quality of Sylvan Lake.
1.3
REPEAL
1.3.1
Land Use Bylaw 170/13 and all amendments thereto are hereby repealed.
1.4
COMPLIANCE
1.4.1
Compliance with the requirements of this Land Use Bylaw does not exempt any person from:
a. The requirements of any federal, provincial or municipal legislation; and
b. Complying with any easement, covenant, agreement or contract affecting the development.
1.5
SEVERABILITY
1.5.1
If one or more provisions of this Land Use Bylaw for any reason are declared to be invalid, it is intended that all
remaining provisions are to remain in full force and effect.
1.6
FORMS
1.6.1
For the purpose of administering the provisions of this Land Use Bylaw, Council shall (by resolution) authorize the
preparation and the use of such forms and notices as it may deem necessary.
1.6.2
Any such forms or notices are deemed to have the full force and effect of this Land Use Bylaw in the execution of the
purpose for which they were designed, authorized, and issued.
1.7
FEES
1.7.1
Development Permit application fees and fees for other matters arising through this Land Use Bylaw will be
established by Council in the Summer Village of Birchcliff Fees Bylaw. Council may amend the bylaw to increase,
decrease or establish new fees by an amendment bylaw.
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2. AUTHORITIES
2.1
COUNCIL
2.1.1
Council shall perform such duties as are specified in this Bylaw.
2.1.2
Council shall be authorized to decide upon all development permit applications within a Direct Control District.
2.2
DEVELOPMENT AUTHORITY
2.2.1
The office of the Development Authority is hereby established in this Land Use Bylaw.
2.2.2
The Development Authority shall be:
a. the Municipal Planning Commission of the Summer Village; and the
b. the Development Officer of the Summer Village.
2.2.3
The Development Office shall be appointed by the Summer Village's Chief Administrative Officer.
2.2.4
If the decision on a development permit application is to be made by the Municipal Planning Commission, the term
'Development Authority' (when used in this Bylaw) shall be the Municipal Planning Commission.
2.2.5
If the decision on a development permit application is to be made by the Development Officer, the term 'Development
Authority' (when used in this Bylaw) shall be the Development Officer.
2.3
DEVELOPMENT OFFICER
2.3.1
The Development Officer shall perform such duties as are specified in this Land Use Bylaw, including:
a. Receive all applications for development;
b. Determine when an application for development is complete or incomplete;
c. Keeping and maintaining for the inspection of the public during all reasonable hours, a copy of this Land Use
Bylaw and all amendments thereto; and
d. Keeping a register of all applications for development, including the decisions thereon and the reasons,
therefore. This information will be released to the public upon request in accordance with the Freedom of
Information and Protection of Privacy Act.
2.3.2
The Municipal Planning Commission may act in place of a Development Officer.
2.4
MUNICIPAL PLANNING COMMISSION
2.4.1
The Municipal Planning Commission:
a. Is authorized to act as the Development Authority in those matters prescribed in this Bylaw and the Municipal
Planning Commission Bylaw No. 171/13, as amended.
b. Shall consider and (if necessary) state terms and conditions on any other planning or development matter
referred by the Development Officer or Administration;
c. May direct the Development Officer or Administration to review, research or make recommendations on any
other planning and development matter; and
d. Make recommendations to Council on planning and development matters.
2.5
SUBDIVISION AUTHORITY
2.5.1
The Subdivision Authority of the Summer Village, as established by the municipality's Subdivision Authority Bylaw,
shall act on behalf of Council in those matters delegated to it by this Bylaw and the Subdivision Authority Bylaw.
2.5.2
The Subdivision Authority shall be appointed by resolution of Council.
2.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
2.6.1
The Subdivision and Development Appeal Board established by the Summer Village's Subdivision and Development
Appeal Board Bylaw, as amended or replaced, shall perform such duties as are specified in Section 7 of this Bylaw.
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3. INTERPRETATION
3.1
RULES OF INTERPRETATION
3.1.1
Compliance with the policies in this Bylaw shall be interpreted and applied as follows:
a. "shall" and "must" means mandatory compliance;
b. "should" means compliance in principle, but is subject to the discretion of the Development Authority where
compliance is impracticable or undesirable because of relevant planning principles or circumstances unique
to a specific application; and
c. "may" means discretionary compliance or a choice in applying regulation. The regulation can be applied,
enforced or implemented if the Development Authority chooses to do so. Application may depend on site
specific circumstances.
3.1.2
Where a regulation involves two (2) or more conditions, provisions or events connected by a conjunction, the
following shall apply:
a. "and" means all the connected items shall apply in combination;
b. "or" indicates that the connected items may apply singly or in combination; and
c. "either-or" indicates the items shall apply singly but not in combination;
d. words used in the singular include the plural and vice-versa;
e. words used in the present tense include the other tenses and derivative forms.
3.1.3
Metric measurement shall take precedence for the purposes of interpretation of the regulations in this Land Use
Bylaw. Imperial measures are approximate and are provided only for information.
3.1.4
In the case of any conflict between the text of this Bylaw and any maps or drawings used to illustrate any aspect of
this Bylaw, the text shall govern.
3.1.5
Pursuant to Section 638.1 of the Act, in the event of a conflict or inconsistency between a land use bylaw and an
Alberta Land Stewardship Act (ALSA) Regional Plan, the Regional Plan prevails to the extent of the conflict or
inconsistency.
3.1.6
Words, phrases and terms not defined in this Bylaw shall be given their definition in the Act, the Matters Related to
Subdivision and Development Regulations, or relevant enactments as the context requires. Other words shall be
given their usual and customary meaning.
3.1.7
All references to legislation are to the most recent version of the legislation in effect, as amended, and any regulations
enacted thereunder from time to time.
3.2
DEFINITIONS
In this Land Use Bylaw:
A
3.2.1
"abut (or abutting)" means immediately contiguous or physically touching, and, when used with respect to a lot or
site, means that the lot or site physically touches upon another lot or site, and shares a property line or boundary line
with it;
3.2.2
"accessory building(s)" means a building separate and subordinate to the main building, the use of which is incidental
to that main building and is located on the same lot, and includes, in the residential districts, such things as storage
sheds, garages, and a guest house. Accessory buildings are not intended for commercial purposes and do not include
sea cans, and shall not be developed within the front yard (waterfront yard) of a waterfront or semi-waterfront lot;
3.2.3
"accessory use(s)" means a use customarily incidental and subordinate to the main use and is located on the same
lot with such main use;
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3.2.4
"Act (or the Act)" means the Municipal Government Act, R.S.A.
2000, c. M-26, as amended;
3.2.5
"adjacent land" means land or a portion of land that is
contiguous to the land that is the subject of an application and
includes land or a portion of land that would be contiguous
except for a road, rail or utility right-of-way, river or stream;
3.2.6
"adjacent landowner" means owners of land that is contiguous
to the land that is the subject of an application, and includes
owners of land that would be contiguous except for public
roadway, railway, utility right-of-way, waterbody, or watercourse;
3.2.7
"agricultural operation" means an agricultural operation as
defined in the Agricultural Operation Practices Act, R.S.A. 2000,
c. A-7, as amended;
3.2.8
"amenity space" means the area situated adjacent to a church
camp cottage intended for passive recreational purposes,
consisting of soft landscaping materials only, at grade patios and play areas and similar uses, but does not include
raised decks or balconies, parking stalls, aisles or access driveways;
3.2.9
"animal boarding and lodging" means a development where domestic pets are bred, boarded, or trained;
3.2.10 "apiary" means the keeping of honey bees for honey production, and includes a place where bee colonies (beehives)
are kept on a site and where raw honey is processed and stored;
3.2.11 "area" means (in relation to the Church Camp Cottage (CC2) District) the sites numbered 1 through 34 inclusive that
were originally created by subdivision plan 4112 EO;
3.2.12 "assembly building" means a building used by more than one (1) individual for religious, recreational and related
activities. This may include places of worship and indoor recreational facilities.
B
3.2.13 "basement(s)" means a habitable portion of a building which is partly underground, but which has more than 50% of
the distance, between the floor level and the underside of the ceiling joists, above adjacent ground elevation;
3.2.14 "bed and breakfast establishment" means an accessory use within a single detached, owner occupied dwelling
where temporary sleeping accommodations (maximum of 4 (four), excluding those used by the
owner/operator/primary resident(s)), with or without meals, are provided for remuneration to members of the public.
This use does not include a boarding house;
3.2.15 "boarding house" means a building or a portion of a building without individual suites operated for the purpose of
providing live-in accommodation (either room for rent or room and board) for five or more unrelated persons;
3.2.16 "berm" means a landscaped mound of earth;
3.2.17 "boathouse(s)" means an accessory building designed and used primarily for the storage of boats and is normally
designed such that the main door faces the lake as to permit the direct removal of boats from the water to the
structure. A boat house shall not include a dwelling and shall not be located within the bed and shore of Sylvan Lake.
3.2.18 "breezeway(s)" means a roofed open passage connecting two or more buildings. An accessory building connected to
a principal building by way of a breezeway shall not be considered part of the principal building;
3.2.19 "building(s)" includes anything constructed or placed on, in, over or under land but does not include a highway or
road or a bridge forming part of a highway or road;
3.2.20 "building area" see "floor area;"
3.2.21 "building demolition" means the pulling down, tearing down, razing, or removal of a building;
3.2.22 "building height" means the vertical distance of a building measured from the average grade to the highest point of the
building. The highest point of a building shall be determined without considering an elevator housing, stairway
entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a firewall, a parapet wall, a flagpole or
similar device or feature not structurally essential to the building;
3.2.23 "building line" means a line, other than a lot line used to regulate the location of a building or structure in relationship
to the abutting street(s);
10
3.2.24 "bunkhouse" means an accessory building (or portion of an accessory building) used for temporary overflow
accommodation of a height and area that would not require a development permit, and that does not contain cooking
or bathroom facilities;
C
3.2.25 "cannabis" means the same as defined in the Act to Control and Regulate Cannabis, S.A. 2017, Chapter 21 and any
amendments thereto, and included leaves stems, buds, oil and other parts or derivatives of the cannabis plant;
3.2.26 "cannabis retail sales" means a development used for the retail sales of cannabis (or consumable products made
with cannabis) that is authorized by provincial or federal legislation. This use may include retail sales of cannabis
accessories, as defined in the Cannabis Act, S.C. 2018, c. 16, as amended or replaced. This use is not a type of home
occupation.
3.2.27 "carriageway" means that portion of the road right-of-way available for vehicular movement. Included are travelling
lanes, medians, parking and other auxiliary lanes;
3.2.28 "caveat" means a formal notice expressing an interest in a lot registered at Land Titles Office against the title to that
lot;
3.2.29 "cellar" means a portion of a structure which is mainly underground, and which has less than fifty (50) percent of the
distance, between the floor level and the underside of the ceiling joists, above adjacent ground elevation;
3.2.30 "church camp cottage(s)" means a building used by one (1) or more individuals as a single housekeeping unit during
vacations and religious retreats only and not to be occupied by a permanent resident, and which is separate from any
other building but does not include a manufactured home dwelling, guest house, or temporary building;
3.2.31 "commission" means the Municipal Planning Commission of the Summer Village of Birchcliff, unless otherwise
noted.
3.2.32 "conceptual scheme" means a detailed land use plan for a specified area of land which conforms to all statutory
plans and is used to relate a subdivision application to the future subdivision and development of adjacent areas. A
conceptual scheme is adopted by resolution of Council, pursuant to the Municipal Government Act;
3.2.33 "construction management plan" means a plan provided by a development proponent that includes strategies to
manage activities during active and post construction phases of a development. Construction management plans
include strategies to implement low impact development techniques and best management practices for stormwater
management;
3.2.34 "cooking facilities" means facilities for the preparation or cooking of food, and includes any room containing
counters, cabinets, plumbing, or wiring which taken together, may be intended or used for the preparation or cooking
of food;
3.2.35 "Council" means the Council of the Summer Village of Birchcliff;
D
3.2.36 "date of issue" means the date on which the notice of a decision of the Development Authority is published, or five
days after such a notice is mailed.
3.2.37 "day home" means an accessory use within a dwelling unit used to provide care and supervision, for adults or
children in accordance with the Child Care Licensing Act, S.A. 2007, c. 10.5, as amended, as well as any other
applicable Provincial or Federal legislation.
3.2.38 "deck" means any open structure having a height greater than 0.6 m (2.0 ft.) above grade, thereby requiring stairs and
railings as outlined in regulations approved under the Safety Codes Act, R.S.A. 2000, c. S-01, as amended. A deck
shall not have walls higher than 1.25 m (4.1 ft.) from the surface of the deck floor, or a roof.
3.2.39 "deciduous" means trees, shrubs, and other forms of vegetation that seasonally shed leaves, petals, or fruit.
3.2.40 "decorative pond" means a man-made enclosed body of water for ornamental purposes, which may include
vegetation and fish;
3.2.41 "development" means:
a. An excavation or stockpile and the creation of either of them; or
11
b. A building or an addition to, or replacement or repair of a building and the construction or placing in, on, over
and under land of any of them; or
c. A change of use of land or a building or an act done in relation to land or a building that results in or is likely to
result in a change in the use of the land or building; or
d. A change in the intensity of use of land or a building or an act done in relation to land or a building that results
in or is likely to result in a change in the intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
e. in the case of a lot used for residential purposes, alterations made to a building or an additional building on
the lot whether or not the building is a dwelling or part of a dwelling unit;
f.
in the case of a lot used for other than residential purposes, alterations or additions made to a building on the
lot or a use of the lot which would increase either the capacity of the building or the intensity of use of the lot;
g. the display of advertisements or signs on the exterior of a building or on any land;
h. the deposit of earth, debris, waste materials, refuse, or any other material on any land, including land already
being used for that purpose, or if the natural topography or drainage is altered;
i.
any increase in the number of households occupying and living in any building or on any site, and any
construction or alterations or additions which would provide for an increase in the number of households
which could occupy and live in any building or on any site, including any increase in the number of dwelling
units in a building or on a site;
j.
the placing of refuse or waste material on any land;
k. the recommencement of the use to which land or a building has been previously put if that use has been
discontinued for a period of more than six months;
l.
the use of land for the storage or repair of motor vehicles or other machinery or equipment;
m. the continued use of land or of a building for any purpose for which it is being used unlawfully when this
Bylaw comes into effect;
n. the demolition or removal of a building;
o. the placement of an already constructed or a partially constructed building on a lot;
p. the use of land for the parking of trailers, portable dwellings, skid shacks, or any other type of portable
building whatsoever, whether or not the same has been placed or affixed to the land in any way;
q. the removal of topsoil from land;
r.
the use of land for storage purposes or for the repair of equipment, vehicles or other kinds of machinery;
s. the installation of any type of sewage disposal system including but not limited to holding tanks; or
t.
the digging of a well or installation of a water cistern.
3.2.42 "Development Authority" means the person or persons appointed as the Development Authority pursuant to the
Development Authority Bylaw No. 98-95, as amended;
3.2.43 "development design plan" means a non-statutory plan prepared by a development proponent in support of a
proposal for development. The purpose of a development design plan is to mitigate negative impacts on watershed
health as required in the Sylvan Lake Intermunicipal Development Plan. A development design plan includes the
following details:
a. A planting plan including native vegetation;
b. A sediment control plan;
c. A drainage plan; and
d. Information about site coverage.
A development design plan shall be required at the discretion of the Development Authority, and will be enforced as a
condition of development approval;
3.2.44 "Development Officer" means the person(s) appointed to the office established by this bylaw;
3.2.45 "Development Permit" means a document authorizing a development issued pursuant to this Land Use Bylaw;
3.2.46 "direct control district" means a district in the Land Use Bylaw that details guidelines established by Council for
control over the use and development of a specific area pursuant to the provisions of the Act;
3.2.47 "district (or land use district)" means a designated area of the municipality within which certain uniform requirements
and regulations govern the use of land, and the placement, spacing and size of structures, as provided for in the Act;
12
3.2.48 "dormitory building" means a building providing short term sleeping accommodations for members or guests of an
institutional use, and may include washroom facilities;
3.2.49 "drainage ditch" means a long narrow trench or furrow dug in the ground to accommodate over-land drainage;
3.2.50 "driveway" means a vehicle access route between the carriageway of a public road and a use on lot;
3.2.51 "dwelling" means any building or structure used exclusively for human habitation and which is supported on a
permanent foundation or base.
3.2.52 "dwelling, duplex" means a dwelling containing two (2) dwelling units which share a common wall and located side by
side or one above the other. A duplex dwelling has separate entrances and utilities and does not include a connected
internal hallway between the two dwellings and their living spaces.
3.2.53 "dwelling, manufactured home" means a dwelling which is constructed with a chassis or related assembly that
allows for the permanent or temporary attachment of a hitch and assembly to enable relocation of the dwelling, and
further, which conforms to the Canadian Standards Association A277 and Z-240 Standards (or subsequent CSA
Standards). A manufactured home may be a single structure (commonly known as a "single wide") or two parts which
when put together comprises a complete dwelling (commonly known as a "double wide").
3.2.54 "dwelling, row housing" means a building consisting of at least three (3) dwelling units with each unit having direct
access to the outside grade but shall not mean apartment.
3.2.55 "dwelling, single detached" means a building consisting of one (1) dwelling unit. A single detached dwelling is a
dwelling which is normally constructed on-site. However, a single detached dwelling may be constructed in pieces
offsite, or even in one piece, with the piece(s) being transported to the site for assembly on-site, and thus may be a
modular dwelling. Single detached dwellings do not include manufactured home dwellings, guest house suites, park
models, relocatable industrial accommodations (i.e., ATCO trailers), or recreational vehicles. A single detached
dwelling must:
a. contain a maximum of 1 dwelling unit, as determined by the Development Authority;
b. have a front door facing the road or clearly visible from the road directly into the main level of building;
c. occupy a greater main floor area than the attached garage; and
d. comply with orientation and design requirements in Section 9.3 -Building Orientation and Design.
3.2.56 "dwelling unit" means a complete building or self-contained portion of a building for the use of one (1) or more
individuals living as a single housekeeping unit, containing sleeping, cooking facilities, and separate bathroom
facilities intended as a residence not separated from direct access to the outside by another separate or self-
contained set or suite of rooms;
E
3.2.57 "easement" means a right to use land, generally for access to other property or as a right-of-way for a public utility.
3.2.58 "escarpment" means an extended linear topographical feature of relatively steep slope and significant change in
elevation. Where the escarpment has been replaced by retaining walls or other man-made supports, the area
extending from the high water mark to the retaining wall or other man-made support closet to the rear lot line;
Where an escarpment line has been previously altered, the top of escarpment shall be considered from the original
escarpment line as determined by an Alberta Land Surveyor;
3.2.59 "excavation" means any breaking of ground, except common household gardening and ground care.
13
3.2.60 "exterior wall" means the outermost point of a building projection, including, but not limited to, bay windows, oval
windows, chimneys and verandas, but not including roof overhangs less than 0.6 m (2.0 ft.).
F
3.2.61 "facia sign" means a sign attached to, marked or inscribed on and parallel to the face of a building wall but does not
include a billboard;
3.2.62 "fence" Means a physical barrier constructed from typical building material for the purpose of providing aesthetic
decoration, visual screening, sound abatement, or to prevent unauthorized access;
3.2.63 "finished ground elevation" means the elevation of the finished ground at any point adjoining each exterior wall of a
building or structure;
3.2.64 "flankage yard" means the side yard which abuts a street on a corner lot;
3.2.65 "floor area" means the total area of the floor(s) in a building measured from the outside of exterior walls and does not
include a basement, cellar, attached garages, carports, or open porches;
3.2.66 "freestanding sign" means a sign that is supported independently of a building wall or structure but does not include a
portable sign;
G
3.2.67 "garage" means an accessory building or part of the principal building, designed and used primarily for the storage of
non-commercial motor vehicles, recreational vehicles and other chattels;
3.2.68 "gazebo" means a freestanding, roofed accessory structure which is not enclosed, except for screening or glass and
which is utilized for the purposes of relaxation in conjunction with a residential dwelling but shall not include any
other use or activity otherwise defined in this bylaw;
3.2.69 "grade" means the ground elevation established for the purpose of determining building height. In determining grade,
the Development Authority shall select from the following methodologies, whichever one best ensures compatibility
with neighbouring developments:
a. Grade shall be determined by calculating the average of the predevelopment elevations at the corners of the
building as shown on a reliable survey; or
b. If the applicant can show by reference to reliable surveys that the predevelopment elevation of the subject lot
varies by no more than 1.0 m in 30.0 lineal metres, the Development Authority may determine grade by
calculating the average of the highest and lowest elevation on the lot or above top of bank; or
c. The Development Authority may determine grade by calculating the average of the pre-development
elevations at the corners of the lot as shown on a reliable survey; or
d. The Development Authority may determine grade by calculating the average elevation of the corners of the
main buildings on all properties abutting the subject lot; or
3.2.70 "gross area" means the area of a development, neighbourhood or planned area, before deductions for roads, rights--
of-way, municipal and environmental reserves and public utilities have been made.
3.2.71 "guest house" see "suite, guest house;"
H
3.2.72 "hard landscaped area" in R1, R2 and R3 Districts, means the use of non-vegetative material, such as but not limited to
concrete or asphalt. In the CC1 District, means the use of non-vegetative material, other than concrete or asphalt;
3.2.73 "heavy vehicle" means a heavy vehicle, as per the Summer Village's Traffic Bylaw;
3.2.74 "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;
3.2.75 "home occupation" means any occupation, trade, profession, or craft carried on by an occupant of a residential
building as a use secondary to the residential use of the building. This shall not include any cannabis retail sales or
cannabis production and distribution. For the purposes of this Bylaw, home occupations are divided into two sub-
14
classifications - major home occupations and minor home occupations - with specific regulations for each as
indicated in this Bylaw.
A minor home occupation must not:
a. include exterior signage advertising the occupation;
b. generate pedestrian or vehicular traffic or parking and;
c. include the employment of persons other than residents of the dwelling.
A major home occupation may include a business which would normally:
d. includes exterior signage advertising the occupation;
e. generate pedestrian or vehicular traffic or parking; and/or
f.
includes the employment at the dwelling or accessory buildings of paid employees that are not residents of
the dwelling;
I
3.2.76 "institutional use" means a development of governmental, religious, social, health care, or cultural facilities serving
the municipality, area, or region;
J, K
3.2.77 "kennel" means a facility used primarily for the breeding, boarding, caring, or training of dogs and other domestic pets
for profit or remuneration and may include other small animal breeding and boarding services;
L
3.2.78 "landscaped area" means an area of land made attractive and desirable by the use of any or all of the following: grass,
trees, shrubs, ornamental plantings, fences, walls and associated earthworks; however, it shall not include areas
occupied by garbage containers, storage, parking lots or driveways;
3.2.79 "Land Use Bylaw" means Bylaw 258-25 as amended;
3.2.80 "land use district" means an area as described in Section 10 and shown in Section 16: Land Use District Map of this
Land Use Bylaw;
3.2.81 "landscaping" means to preserve or change the natural features of a lot by adding lawns, trees, shrubs, ornamental
plantings, fences, walks, or other structures and materials used in modern landscape architecture, but does not
include stockpiling and excavation;
3.2.82 "lane" means a narrow roadway intended chiefly to give access to the rear of buildings and lots, also known as an
alley as defined by the Traffic Safety Act, R.S.A. 2000, c. T-6, as amended;
3.2.83 "legal survey" means, in the context of land, is an official graphical representation of a piece of land prepared by an
accredited land surveyor. Critically the legal survey depicts the location of a property's boundaries, their relationship
to the underlying legal fabric and easements and rights-of-way;
3.2.84 "lot" means:
a. a quarter section;
b. a river lot or a lake lot shown on an official plan
referred to in the Surveys Act that is filed or
lodged in a Alberta Land Titles office;
c. a settlement lot shown on an official plan
referred to in the Surveys Act that is filed or
lodged in an Alberta Land Titles office;
15
d. a part of a parcel of land described
in a Certificate of Title if the
boundaries of the part are
described in the Certificate of Title
other than by reference to a legal
subdivision; or
e. a part of a parcel of land described
in a Certificate of Title if the
boundaries of the part are
described in the Certificate of Title
by reference to a plan of
subdivision;
3.2.85 "lot area" means the area of a lot as shown
on a plan of subdivision or described in a
certified copy of a Certificate of Title. Lot
area includes any area dedicated to an
easement or a right-of-way;
3.2.86 "lot, corner" means a lot having frontage on
two (2) or more rights-of-way, other than lands, or in the case of a bareland condominium, a unit as described in the
Condominium Property Act, R.S.A. 2000, c. C-22, as amended, having two (2) contiguous property lines abutting
common property used as road access. For the purposes of this definition, a road shall not include an alley or lane;
3.2.87 "lot, double fronting" means a lot which abuts two (2) roads (except alleys or lanes as defined in the Traffic Safety Act,
R.S.A. 2000, c. T-06, as amended) which are parallel or nearly parallel where abutting the lot, but does not include a
corner lot;
3.2.88 "lot, interior" means a lot that abuts a road only on the front line;
3.2.89 "lot coverage" see "site coverage;"
3.2.90 "lot depth" means the average horizontal distance between the front lot line and the rear lot line;
3.2.91 "lot line" means the legally defined limit of any lot;
3.2.92 "lot line, front" means the boundary line of a lot lying adjacent to a highway or road, except for waterfront and semi-
waterfront lots, then the front lot line shall be considered the boundary line adjacent to the lake. In the case of a
corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be considered the front line;
3.2.93 "lot line, rear" means the boundary line of a lot lying opposite to and farthest from the front line of the lot. For
waterfront and semi-waterfront lots, the rear lot line is the lot line farthest from the lake;
3.2.94 "lot, semi-waterfront" means a lot adjoining a municipal reserve or environmental reserve, where the municipal
reserve or environmental reserve directly adjoins the bank of a water body;
3.2.95 "lot line, side" means the boundary line of a lot lying between a front line and a rear line of a lot. In the case of a corner
lot, the longer of the two boundary lines adjacent to the highway or road shall be considered a side lot line;
3.2.96 "lot, undeveloped" means a lot that does not contain a developed residence, building or structure. May also be
referred to as a 'vacant lot;
3.2.97 "lot, waterfront" means a lot directly adjoining the bank of a water body;
3.2.98 "lot width" means the length of a line parallel to the front line or, in a lot with a curved front line, perpendicular to a line
running between the mid-point of the front line and the mid-point of the rear line, measured at a distance from the
front line equal to the minimum required front yard;
M
3.2.99 "main building" means a building in which is conducted the main or principal use of the lot on which it is erected;
3.2.100 "main use" means the principal purpose for which a building or lot is used;
3.2.101 "manufactured dwelling unit(s)" see "dwelling, manufactured home";
3.2.102 "mechanized excavation, stripping and grading" means the use of motorized equipment to remove, relocate or
stockpile soil or vegetation in excess of normal landscape maintenance requirements;
16
3.2.103 "modular" means a construction method where a building is construction in part (or whole) offsite and assembled on
onsite. Single detached dwellings and church camp cottages may be constructed with modular methods;
3.2.104 "municipality" means the Summer Village of Birchcliff, unless otherwise noted;
3.2.105 "Municipal Government Act means the Municipal Government Act, R.S.A 2000, c. M-26 as amended together with all
regulations passed thereunder, and may be referenced in this Land Use Bylaw as the Act;
3.2.106 "Municipal Planning Commission means a commission established by the Municipal Planning Commission Bylaw, as
amended;
N
3.2.107 "native" means plants that are indigenous to a given area. This includes plants that have developed, occur naturally,
or existed for many years in an area (trees, flowers, grasses, and other plants);
3.2.108 "natural environment preservation area" means an area that is to be preserved because it is unsuitable in its natural
state for development and/or areas that are desirable to be kept in their natural state;
3.2.109 "nuisance" means for the purpose of this bylaw and the Summer Village's Community Standards Bylaw, includes any
use of or activity upon any property which is offensive to any person or has or may have a detrimental impact upon
any person or other property in the neighbourhood;
3.2.110 "no mow zone" means buffer strip of vegetation that includes native plantings that let aquatic vegetation grow to
maintain a stable natural state. A no mow zone allows native plants to seed and reestablish and is not to be
maintained.
3.2.111 "non-conforming building" means a building:
a. That is lawfully constructed or lawfully under construction at the date this Land Use Bylaw or any amendment
thereof affecting the building or land on which the building is situated becomes effective; and
b. That on the date this Land Use Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw;
3.2.112 "non-conforming use" means a lawful specific use:
a. Being made of land or a building or intended to be made of a building lawfully under construction at the date
that this Land Use Bylaw affecting the land or building becomes effective; and
b. That on the date the Land Use Bylaw becomes effective does not, or in the case of a building under
construction will not, comply with the Land Use Bylaw;
O
3.2.113 "occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons or
property.
3.2.114 "occupant" means any person occupying or having control over the condition of any property and the activities
conducted on the property, and includes the owner, lessee, tenant or agent of the owner.
3.2.115 "order" means a notice requiring compliance issued in writing by the Development Authority.
3.2.116 "outdoor storage and display" means the storage or display of equipment, goods or materials in the open air;
3.2.117 "outline plan" see "conceptual scheme;"
3.2.118 "owner" means:
a. in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the
Crown having the administration of the land, or
b. in the case of any other land, the person shown as the owner of land on the municipality's assessment role
prepared under the Act.
P
3.2.119 "parcel" see "lot;"
3.2.120 "parking area" means the area set aside for the storage and/or parking of vehicles and include parking stalls, loading
spaces, aisles, entrances and exits to the parking area, and traffic islands where they are part of the parking area. A
parking area may be within a building;
17
3.2.121 "parks and playgrounds" means areas of public land known for their natural scenery and/or preservation for public
recreation either active or passive;
3.2.122 "park model" mean:
a. (Park Model Trailer) a unit designed to be towed by a heavy-duty tow vehicle (auto, van, pick-up truck, etc.)
but is of restricted size and weight so that it does not require a special highway movement permit. The
maximum width when being towed is 2.6 m (8.5 ft.). These units are designed for infrequent towing, and are
not normally fitted with a 12-volt system for fixtures and appliances. Once on site in the set-up mode it
normally must be connected to the local utilities. This style is normally built on a single chassis mounted on
wheels. It usually has one or more slide-outs, but when in set-up mode the gross trailer area normally does
not exceed 37.2 m2 (400 ft.²). It conforms to the CSA Z-240 Standard for recreational vehicles.
b. (Park Model Recreational Unit) a unit built on a single chassis mounted on wheels, which may be removed
and returned to the factory. The unit is designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use, and normally must be connected to those utilities necessary for the
operation of installed fixtures and appliances. It normally has a floor area, including lofts, not exceeding 50.0
m2 (540 ft.2) in the set-up mode and has a width greater than 2.6 m (8.5 ft.) in the transit mode. Park Model
recreational units almost always require a special tow vehicle and a special permit to move on the road as the
width of the unit is greater than 2.6 m (8.5 ft.). It conforms to the CSA Z-241 Standard for recreational
vehicles.
For the purposes of this Bylaw, park models are not allowed in any District within this Land Use Bylaw unless
specifically identified as a permitted or discretionary use in the Residential District and approved by the Development
Authority within an approved development permit.
3.2.123 "patio" means any developed surface adjacent to a building on a site which is less than 0.6 m (2.0 ft.) above ground
level;
3.2.124 "permanent resident" means, for the purposes of this Land Use Bylaw only, a person whose place of residence is the
Summer Village of Birchcliff. Pursuant to the policies of the Summer Village's Municipal Development Plan and Area
Structure Plan, lands within the CC1 and CC2 Districts shall not be occupied by permanent residents. This definition
does not apply to matters of citizenship as regulated by federal law;
3.2.125 "portable sign" means a sign which is not in a permanently installed or affixed position; "private development" means
any development carried out by an individual;
3.2.126 "pre-development" means immediately prior to development;
3.2.127 "principal building" means a building in which the main or principal use of the lot is undertaken;
3.2.128 "principal use" means the principal purpose for which a building or lot is used;
3.2.129 "private development" means any development carried out by an individual or organisation other than the Summer
Village, the Federal or Provincial governments, or a utility provider, corporation, or service provider operating on behalf
of the aforementioned levels of government;
3.2.130 "private pool" means any outdoor private swimming pool or hot tub, whether above or below the ground, containing
water for the purpose of swimming, wading or immersion of human beings;
3.2.131 "projection" means part of a building or its accessory structures which projects beyond the main walls into the yards;
3.2.132 "public and quasi-public buildings and uses" means a use of land or a building for purposes of public administration
and service and shall also include a building for the purpose of assembly, instruction, culture, recreation or other
community activity;
3.2.133 "public utility" means a public utility as defined in the Act;
Q, R
3.2.134 "real property report" means a codified standard report adopted by the Alberta Land Surveyor's Association which
contains pertinent information on a lot and the development which exists on the property;
3.2.135 "recreation, indoor" means a facility where patrons participate in sports events and other recreational activities in an
enclosed building. Typical uses include but are not limited to, health and fitness centres, gymnasiums, swimming
pools, etc.);
18
3.2.136 "recreational use" means a recreational development conducted on a unified basis on a single site where the prime
reason for location may be to take advantage of natural features. A recreational use may include the provision of day
to day sporting and athletic facilities and the structures incidental thereto. A recreational use does not include:
extensive recreation, or a campground, a recreational vehicle park or a recreation camp;
3.2.137 "recreational vehicle" means a vehicle or a portable structure designed to be used as temporary sleeping
accommodation for travel and recreation purposes. Recreational vehicles include, but are not limited to, motor
homes, campers, holiday trailers, fifth wheels and park model recreational vehicles. Recreational vehicles do not
include manufactured dwelling units or stick built units;
3.2.138 "registered owner(s)" means:
a. In the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the
Crown having the administration of the land; or
b. In the case of any other land:
i.
The purchaser of the fee simple estate in the land under an agreement for sale that is the subject
of a caveat registered against the certificate of title in the land and any assignee of the
purchaser's interest that is the subject of a caveat registered against the certificate of title; or
ii. In the absence of a person described above, the person registered under the Land Titles Act as
the owner of the fee simple estate in the land;
3.2.139 "relocated building" means a building that was constructed off-site in one (1) piece or in pieces and relocated to
another site but does not include manufactured home dwellings;
3.2.140 "remedial action" means steps to be taken to correct or address a problem, issue, violation, matter of non-
compliance, or deficiency.
3.2.141 "removal of trees and/or shrubs" means the removal of trees and/or shrubs, or the destruction thereof;
3.2.142 "renovation" means an addition to, deletion from, or change to any building which does not require a permit other
than a plumbing permit or an electrical permit pursuant to the Safety Codes Act;
3.2.143 "reserve(s)" means a lot owned and subject to the management of the municipality and reserved for use as natural
environment preservation areas or walkways or parks or playgrounds separating areas used for different purposes,
and registered at the Land Titles Office as Reserve, Environmental Reserve, Municipal Reserve, or other reserve
designation;
3.2.144 "road (or roadway)" means land:
a. Shown as a road on a plan of survey that has been filed or registered in a Land Titles Office; or
b. Used as a public road and includes a bridge forming part of a public road and any structure incidental to a
public road;
S
3.2.145 "Safety Codes Act" means the Safety Codes Act, RSA 2000 c. S-1, as amended, and includes the regulations enacted
and codes adopted thereunder from time to time;
3.2.146 "sea can(s)" means a shipping container, originally used or intended to be used for the transportation of goods, not
used as a moveable storage unit;
3.2.147 "screen, screened or screening" means a fence, berm, hedge, wall or building used to separate areas or functions
which detract from the appearance of the street scene and the view from the surrounding areas;
3.2.148 "sediment control measures" means practices that stabilize erodible or sediment-producing areas through the use of
grass, vegetation, sediment control traps, filters, barriers, swales, berms, and other measures that control the deposit
of soil and earth materials. Sediment control measures may be identified in a Development Design Plan as methods
of controlling sediment during active and post construction phases of development.
3.2.149 "setback" means a distance additional to minimum yard requirements which may be required on lots adjacent to the
public roads;
3.2.150 "sight triangle(s)" means an area at the intersection of roads in which all buildings, fences, vegetation and finished
ground elevations shall be less than 1.0 m (3.3 ft.) in height above the average elevation of the carriageway, in order
that vehicle operators may see approaching vehicles in time to avoid collision;
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3.2.151 "sign(s)" means any word, letter, model, placard, board, notice, device or representation, whether illuminated or not,
in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction and its
supporting structure;
3.2.152 "site" means a lot on which a development exists or for which an application for a development permit is made;
3.2.153 "site coverage" means the total percentage of the lot area covered by buildings or structures, including but not limited
to the main building and any additions to it (e.g. covered decks), non-permeable surfaces, patios, parking facilities,
driveways, outdoor storage and display, and all other impervious surfaces but does not include steps, eaves, rights-
of-way or similar projections permitted in this Land Use Bylaw.
3.2.154 "soft landscaping" means the use of vegetative materials as part of a landscaped area;
3.2.155 "solar array" means multiple solar panels used in conjunction to produce electricity.
3.2.156 "solar energy conversion system" means the complete system required to convert solar rays into useable electricity
for private use, including solar panels, mounting equipment and additional required conversion electronics.
3.2.157 "solar panel, freestanding" means a device which is used to convert energy contained within the sun's rays into
electricity, which is not mounted or attached to any other structure
for support.
3.2.158 "street(s)" means any category of road except a lane;
3.2.159 "structural alterations" means altering the main building
components which support a building;
3.2.160 "Subdivision and Development Appeal Board" means the board
established pursuant to the Act;
3.2.161 "substandard lot" means a lot created by legal subdivision prior to
this bylaw coming into effect which is smaller, in area or in any
dimension, than the minimum permitted lot size or dimension
stipulated in the regulations of the District in which the lot is
located.
3.2.162 "suite, garage" means a type of guest house suite within a
detached garage and located on a lot with a principal dwelling.
3.2.163 "suite, guest house" means an accessory building containing
sleeping facilities for temporary usage only and may have a
bathroom and cooking facilities. A guest house provides overflow
accommodation for a detached dwelling located on the same lot,
is not available for rent by a third party, and does not include
recreational vehicles and sea cans;
3.2.164 "suite, secondary" means a self-contained dwelling unit located
within a single detached dwelling and may include bathroom and
cooking facilities;
T
3.2.165 "temporary use or building" means a use or development for which a development permit has been issued and which
is to exist for a timeframe of up to (but not exceeding) two years, at determined by the Development Authority;
3.2.166 "top of bank" means the upper valley break line or the line defining the uppermost or most obvious topographical
discontinuity in slope distinguishing between the upper plateau and the valley wall. The "top of bank" is a natural
boundary formed by the action of water for a long enough time to leave its signature on the ground. Unless
coincidental, it is not a historic high water mark, a flood line, or the current waterline. An Alberta Land Surveyor may
be required to define the top of bank;
3.2.167 "tourist home" means a dwelling unit operated as a temporary place to stay, with compensation, and includes all
vacation rentals of a dwelling unit. The characteristics distinguish a tourist home from a dwelling unit used as a
residence may include any of the following:
a. The intent of the occupant to stay for short-term (30 days or less) vacation purposes rather than use the
property as a residence;
20
b. The commercial nature of a tourist home;
c. The management or advertising of the dwelling unit as a tourist home or "vacation rental," on any website
such as Airbnb or VRBO; and/or
d. The use of a system of reservations, deposits, confirmations, credit cards, or other forms of electronic
payments, etc.
No recreational vehicle or guest house suite shall be used as a tourist home.
3.2.168 "trail" means an area used for hiking, cross-country skiing or other forms of non-motorized recreational travel;
U
3.2.169 "use" means a building or an area of land and the function and activities therein or thereon;
3.2.170 "utility building" means the building in which the proprietor of a utility:
a. Maintains its office(s); and/or
b. Maintains or houses equipment used in connection with the utility and which is not a public utility right-of-
way;
V, W
3.2.171 "walkway" means a public right of way for use by pedestrians only, which is registered at the Land Titles Office as a
walkway or a reserve;
X, Y, Z
3.2.172 "yard(s)" means an open space on the same lot as
a building and which is unoccupied and
unobstructed from the ground upward except as
otherwise provided herein;
3.2.173 "yard, front" means:
a. In the case of lots abutting Sylvan Lake or
a reserve lot abutting the lake, a yard
extending across the full width of a lot
measured perpendicularly from the
boundary of the lot abutting the lake or
the Environmental Open Space District to
the front wall of the main building,
situated on the lot; or
b. In the case of lot not abutting Sylvan Lake
or a reserve lot abutting the lake, a yard extending across the full width of a parcel measured perpendicularly
from the front lot boundary of the lot to the front wall of the main building situated on the lot;
3.2.174 "yard, rear" means:
a. In the case of lots abutting Sylvan Lake or a reserve lot abutting the lake, a yard extending across the full width
of a lot measured perpendicularly from the rear wall of the main building situated on the lot to the boundary
abutting the street; or
b. In the case of lots not abutting Sylvan Lake or a reserve lot abutting the lake, a yard extending across the full
width of a lot measured perpendicularly from the rear wall of the main building situated on the lot to the rear
property boundary of the lot;
3.2.175 "yard, side" means a yard extending from the front yard to the rear yard between the side boundary of the lot and the
wall of main building thereon;
3.2.176 "zone (or, zoning)" see "district."
3.3
WORDS NOT DEFINED
3.3.1
All other words and expressions have the meaning respectively assigned to them in the Act.
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4. AMENDMENTS
4.1
APPLICATIONS
4.1.1
Subject to the Act, any section in this Land Use Bylaw may be amended.
4.1.2
Notwithstanding this section, the Land Use Bylaw may be amended without giving notice or holding a public hearing if
the amendment corrects clerical, technical, grammatical, or typographical errors and does not materially affect the
Land Use Bylaw in principle or substance.
4.1.3
Council may at any time initiate an amendment to this Land Use Bylaw by directing Summer Village Administration to
initiate an application, therefore. Depending on the complexity of the application, Administration could undertake the
application, or use the Summer Village's planning services provider.
4.1.4
All applications for amendment to this Land Use Bylaw shall be accompanied by the following:
a. A statement of the specific amendment requested;
b. The purpose and reasons for the application;
c. If the application is for a change of a land use district:
i.
the legal description of the lands;
ii. a plan showing the location and dimensions of the lands; and
iii. a copy of the Certificate of Title for the land affected or other documents satisfactory to the
Development Authority indicating the applicant's interest in the said land that is dated within
thirty (30) days of application;
d. A statement indicating the applicant's interest in the lands; and
e. An application fee as established by Council.
4.1.5
If the amendment is for the redistricting of land, Summer Village Administration may require:
a. A conceptual scheme (or area structure plan) for the area to be redistricted, to the level of detail specified by
Summer Village Administration that provides Council with information to determine:
i.
If the site is suitable for the intended use;
ii. If the site can be reasonably and cost effectively services; and
iii. That the proposed amendment will not unduly impact the rights of adjacent landowners to use
and enjoy their property; and
b. Payment of a fee equal to the costs incurred by the municipality to review the proposed redistricting and/or
related conceptual scheme, or if necessary to prepare a conceptual scheme; and
c. Technical studies requested by the Summer Village Administration to assess site suitability and servicing
requirements.
4.1.6
Upon receipt of an application to amend this Land Use Bylaw, Summer Village Administration may refer the
application to the Summer Village's planning and engineering service providers, who shall analyze the potential
impacts on local land use, development, infrastructure, and servicing that would result from the proposed
amendment. This analysis must consider the full development potential for the proposed amendment and shall,
among other things, consider the following impact criteria:
a. Relationship to and compliance with approved statutory plans and Council policies;
b. Relationship to and compliance with approved statutory plans, conceptual schemes, or plans in preparation;
c. Relationship to and compatibility with the Sylvan Lake Intermunicipal Development Plan;
d. Compatibility with surrounding development in terms of land use function and scale of development;
e. Traffic impacts;
f.
Relationship to, or impacts on, water and sewage systems, and other public utilities and facilities such as
recreation facilities and schools;
g. Relationship to municipal land, right-of-way, or easement requirements;
h. Effect on stability, retention and rehabilitation of desirable existing land uses, buildings, or both in the area;
i.
Necessity and appropriateness of the proposed amendment in view of the stated intentions of the applicant;
and
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j.
Relationship to the documented concerns and opinions of area residents regarding development
implications.
4.1.7
Upon receipt of an application to amend the Land Use Bylaw, Summer Village Administration shall:
a. Prepare a report with recommendations on the proposed amendment for Council and an amending Bylaw for
consideration of first reading by Council;
b. Mail notify or deliver in person a written notice to landowners who are adjacent to the lot affected by the
proposed amendment or to a larger area as directed by Council;
c. Provide notice of the Public Hearing to the applicant, the owner of the subject land if different than the
applicant, to all directly adjacent property owners, and any other individuals or organizations identified by
Council;
d. Prepare a report and recommendation, including maps and other material, on the application, prior to a
Public Hearing on the application for amendment; and
e. Inform the applicant of the recommendation to Council.
4.1.8
At the same time as forwarding the application for amendment to Council, Summer Village Administration may, at its
sole discretion, refer the application for further information to any person or agency it wishes.
4.1.9
In considering an application for amendment to this Bylaw, Council may, at its sole discretion:
a. Refuse the application; or
b. Refer the application for further information; or
c. Pass first reading to a bylaw to amend this Land Use Bylaw, with or without amendments; or
d. Defeat first reading of a bylaw to amend this Land Use Bylaw; or
e. Pass first reading of an alternative amendment to this Land Use Bylaw.
4.1.10 Following first reading of an amending bylaw, Council shall establish the date, time and place for a public hearing on
the proposed bylaw.
4.1.11 If a bylaw to establish procedures for public hearings has not been passed, the Summer Village shall:
a. Outline the procedures to be followed by any person, group of persons or person representing them who wish
to be heard at the public hearing; and
b. Outline the procedure for conducting the public hearing.
4.1.12 Following first reading of an amending bylaw, the Development Officer must give notice of the public hearing by:
a. Publishing notice at least once a week for two (2) consecutive weeks in at least one (1) newspaper or other
publication circulating in the area to which the proposed bylaw relates; or
b. Mailing or delivering notice to every residence in the Summer Village.
4.1.13 A notice of a public hearing must be advertised at least five (5) days before the public hearing occurs.
4.1.14 A notice must contain:
a. A statement of the general purpose of the proposed bylaw and public hearing;
b. The address where a copy of the proposed bylaw and any document relating to it or the public hearing may be
inspected; and
c. The date, place and time where the public hearing will be held.
4.1.15 In the case of an amendment to change the district designation of a lot, the Development Officer must, in addition to
the requirements of Section 4.1.12:
a. Include in the notice:
i.
The municipal address, if any, and the legal address of the lot; and
ii. A map showing the location of the lot;
b. Give written notice containing the information described in Section 4.1.12 to the owner of that lot at the name
and address shown on the certificate of title (or tax roll); and
c. Give written notice containing the information described in Section 4.1.12 to each owner of adjacent land at
the name and address shown for each owner on the tax roll of the municipality.
4.1.16 If the land referred to in Section 4.1.15.c is in an adjacent municipality, the written notice must be given to that
municipality and to each owner of adjacent land at the name and address shown for each owner on the tax roll of that
municipality.
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4.1.17 Notwithstanding Sections 4.1.7 to 4.1.9, the Land Use Bylaw may be amended without giving notice or holding a
public hearing if the amendment corrects clerical, technical, grammatical, or typographical errors and does not
materially affect the Land Use Bylaw in principle or substance.
4.1.18 In the public hearing, Council:
a. Must hear any person, group of persons, or person representing them, who claim(s) to be affected by the
proposed bylaw and who has complied with the procedures outlined by Council; and
b. May hear any other person who wishes to make representations and whom the Council agrees to hear.
4.1.19 After considering the representations made to it about the proposed bylaw at the public hearing and after considering
any other matter it considers appropriate, Council may:
a. Pass the bylaw;
b. Defer it for further information or comment;
c. Make any amendment to the bylaw it considers necessary and proceed to pass it without further
advertisement or hearing; or
d. Defeat the bylaw.
4.1.20 Prior to third reading of the proposed bylaw, Council may require the applicant to apply for a Development Permit and
negotiate a development agreement in respect of the proposal which initiated the application for amendment.
4.1.21 After third reading of the proposed bylaw, the Development Officer shall send a copy of it to:
a. The applicant;
b. The registered owner of the land if not the applicant;
c. The municipality's planning services provider; and
d. The adjacent municipality, if it received a copy of the proposed bylaw pursuant to Section 4.1.16.
4.1.22 The Development Officer shall not accept an application for an amendment which is identical or similar to an
application which was refused by Council, for a period of six (6) months after the date of the refusal unless, in the
opinion of the Development Officer, the reasons for refusal have been adequately addressed or the circumstances of
the application have changed significantly.
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5. DEVELOPMENT PERMITS
5.1
CONTROL OF DEVELOPMENT
5.1.1
Development Permits are required to ensure that all development is achieved in an orderly manner.
5.1.2
No development other than that designated in Section 5.2 shall be undertaken within the Summer Village unless an
application for it has been approved and a development permit has been issued.
5.1.3
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and obtain
other required provincial and federal approvals, permits and/or licenses.
5.1.4
Further, in addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure that
their development is consistent with the conditions of any registered easements or covenants which affect the
subject site.
5.1.5
Notwithstanding Section 5.1.2 above, where a variance to any regulation in this Bylaw is required for any development
listed in Section 5.2, a development permit shall be required.
5.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
5.2.1
The following development shall not require a development permit provided that the development otherwise
complies with all other regulations of this Bylaw:
a. The carrying out of works of minor improvement, maintenance, or repair, including the replacement of less
than 60% of exterior siding or roofing material, provided such works do not include structural alterations,
additions, or drainage alterations and comply with the regulations of this Land Use Bylaw;
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 it is completed within twelve (12) months of the date
of commencement;
c. The use of any such development as is referred to in Section 5.2.1.b for the purpose for which development
was commenced;
d. The erection or construction of gates, fences, walls or other means of enclosures less than 1.0 m (3.3 ft.) in
height in front yards and less than 2.0 m (6.6 ft.) in other yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure that exceeds the regulations indicated
in Section 9.5;
e. A temporary building other than a dwelling unit, the sole purpose of which is incidental to the carrying out of a
development for which a permit has been issued under this Land Use Bylaw;
f.
The installation, maintenance and repair of public works, services, or utilities carried out by or on behalf of
federal, provincial, and/or municipal authorities on land that is publicly owned or controlled;
g. The installation, maintenance, and repair of public utilities for the maintenance of private sewer systems that
can be undertaken without excavation of all or part of the system;
h. Any development carried out by or on behalf of the Crown;
i.
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;
j.
A maximum of three accessory buildings with a floor area of 11.1 m² (120.0 ft²) or less and a building height of
2.5 m (8.2 ft.) or less, including garden or tool sheds, workshops, potting sheds and other similar structures
provided that they are moveable and provided they otherwise comply with the provisions of this Land Use
Bylaw;
k. Development specified in Section 618 (1) and (4) of the Act, which includes:
i.
A highway or road;
ii. A well or battery within the meaning of the Oil and Gas Conservation Act;
iii. A pipeline or an installation or structure incidental to the operation of a pipeline; or
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iv. Any other thing specified by the Lieutenant Governor in Council by regulation, which includes but
is not limited to construction of buildings or the construction or installation of equipment,
navigational aids, and communications systems for use in connection with the operation of
airports owned by or on land vested in the Crown in right of Canada, the Crown in right of Alberta,
or a municipal corporation;
l.
The erection of one (1) unilluminated sign of the following nature and size for each use within a building or on
a lot, provided such signs do not resemble or conflict with traffic signs;
i.
A facia sign or a freestanding sign for the purpose of identification, direction and warning not
exceeding 0.2 m² (2.2 ft²);
ii. A facia sign or a freestanding sign relating to a person, partnership or company carrying on a
profession, business or trade not exceeding 0.3 m² (3.2 ft²);
iii. A facia sign or a freestanding sign relating to a religious, educational, cultural, recreational or
similar institution not exceeding 1.0 m² (10.8 ft²);
iv. A portable sign or notice, relating to the sale or lease of land or buildings, sale of goods or
livestock by auction, carrying out of construction, or the announcement of any local event of a
religious, educational, cultural, political, or governmental nature not exceeding 1.0 m² (10.8 ft²)
and limited in display to the period of completion of the sale, lease, construction or event; and
v. A flag attached to a single upright flagpole.
m. landscaping where the proposed development:
i.
will not result in an increase in surface water and sediment run-off into Sylvan Lake or onto
adjacent properties; and
ii. is not located within an escarpment.
n. development within a basement that does not change or add to the uses within a dwelling;
o. minor home occupations;
p. the erection of campaign signs for federal, provincial, municipal or school board elections on privately-owned
lots for no more than thirty (30) days, or such time as regulated under provincial or federal legislation
provided that:
i.
such signs are removed within one (1) day after the election date;
ii. such signs do not obstruct or impair vision or traffic; and
iii. such signs indicate the name and address of the sponsor and the person responsible for
removal;
q. roof mounted solar energy collection systems;
r.
chicken coops that are licensed by the Summer Village of Birchcliff and are compliant with the Summer
Village's Livestock Bylaw;
s. micro wind energy conversion systems; and
t.
the demolition or removal of any building or structure for which erection a development permit would not be
required pursuant to Section 5.2.1.a to 5.2.1.s, both inclusive.
5.3
NON-CONFORMING BUILDINGS AND USES
5.3.1
A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6)
consecutive months or more, any future use of the land or building must conform to this Bylaw.
5.3.2
A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it
is a non-conforming building, may not be enlarged or added to and no structural alterations may be made thereto or
therein.
5.3.3
A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any other part of the lot
and no additional buildings may be constructed upon the lot while the non-conforming use continues.
5.3.4
A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or
structurally altered except:
a. to make it a conforming building;
b. for the routine maintenance of the building, if the Development Authority considers it necessary; or
26
c. in accordance with the variance powers possessed by the Development Authority pursuant to the Act and
this Bylaw to approve a development permit despite any non-compliance with the regulations of this Bylaw.
5.3.5
Notwithstanding Section 5.2.1, a Development Permit is required for the replacement of exterior siding or roofing
materials where the proposed work involves the replacement of 60% or more of the total surface area of the material
on a building or structure.
5.3.6
If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent (75%) of the
value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with this
Bylaw.
5.3.7
The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of the land or
building.
5.4
APPLICATION FOR DEVELOPMENT
5.4.1
An application for development permit shall be completed and submitted to the Development Officer in writing, in the
form required by the Development Officer, and shall be accompanied by:
a. post construction site and building elevations;
b. floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in either
the basement or on the main floor in the principal and accessory buildings;
c. a landscaping plan, in accordance with Section 9.10.5;
d. drainage plans;
e. a site plan showing:
i.
proposed site coverage, and as a percentage calculation of the total lot area;
ii. front, side and rear yards;
iii. north point;
iv. legal description of the property;
v. access and egress points to the property; and
vi. the location and dimensions of existing and proposed municipal and private local
improvements, principal building and other structures including accessory buildings, garages,
carports, fences, driveways, paved areas, access and egress points to the lot, and major
landscaped areas including buffering and screening areas where provided; and
f.
a statement of existing and proposed use(s) or occupancy of all parts of the land and buildings, and such
other information as may be required by the Development Officer.
5.4.2
Where a proposed development or redevelopment is located within 30.0 m (98.4 ft.) of the top of bank or high-water
mark of Sylvan Lake, a Development Design Plan shall be submitted as part of a development permit application and
enforced as a condition of approval. Determining which feature (top of bank or the high-water mark of Sylvan Lake) is
appropriate will be at the discretion of the Development Authority. Submission of the Development Design Plan shall
be in accordance with the applicable policies of the Sylvan Lake Intermunicipal Development Plan.
5.4.3
Where a proposed development or redeveloped is located within an escarpment, the development proponent shall
provide three dimensional renderings of the proposed development to the Development Authority.
5.4.4
In making a decision, the Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the development permit application
shall commence. Such information may include (but not limited to):
a. A geotechnical report prepared by a qualified geotechnical engineer for any proposed development,
redevelopment, clearing or grading, excavation or adding fill within escarpment areas having 10% or greater
slopes. The proposed development plan must show slope setback distances, cross-sections of the slope
area both before and after development and final grading. The height and existing angle of the slope shall be
verified by accurate historical survey data or site specific information completed by a qualified surveyor. The
geotechnical report shall assess the stability of the pre-authorized slope and provide mitigation options;
b. A geotechnical report, prepared by a qualified geotechnical engineer, outlining seasonally adjusted and
recommended water tables, location of on-site storage of sewage, and recommended building foundations,
basement construction and soil bearing capabilities;
27
c. A visual impact assessment prepared by a qualified professional that assesses the impact of new
development on view corridors and provides mitigation steps;
d. An environmental review prepared by a qualified professional, which shall include but is not limited to:
i.
A description of the environmental sensitivity of the lands proposed for development and the
surrounding area;
ii. The identification of the nature and significance of any adverse impacts associated with the
proposed development during construction;
iii. The identification of the nature and significance of any adverse impacts associated with
activities that will result from the development; and
iv. The inclusion of an environmental protection plan to:
i. Alleviate any adverse impacts;
ii. Monitor the performance of the environmental measures; and
iii. Identify any residual impacts and their significance on any or all of the following: fish
and wildlife, vegetation, soils and terrain, water quantity and quality, shoreline, surface
drainage and aquifers.
e. the location of existing and proposed municipal and private stormwater and sanitary sewage collection and
disposal, and water supply and distribution utilities, landscaped areas and buffering and screening;
f.
the height and horizontal dimensions of all existing and proposed buildings;
g. outlines of roof overhangs on all buildings;
h. existing and proposed elevations on the site and on adjacent sites, roads and lanes;
i.
a construction management plan;
j.
a hydrogeological assessment;
k. a wetland assessment;
l.
a biophysical assessment;
m. a historic resource impact assessment;
n. future development plans for a site which is to be partially developed through the applicable development
permit;
o. in the case of a proposed home occupation, information concerning the number of employees, the location
of any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site
each week;
p. any other information or tests required by the Development Authority, at their discretion, respecting the site
or adjacent lands, including an environmental screening of the site, geotechnical reports and/or flood hazard
mapping;
q. a statutory declaration indicating that the information supplied is accurate;
r.
for a moved in (relocated) building, pictures of the exterior of the structure which provide information relating
to the age and condition of the building and its compatibility with the Land Use District in which it is to be
located; and
s. for any new major development or redevelopment within the CC1 or CC2 Districts, the preparation of a new
area structure plan that guides future development within these areas.
5.4.5
The Development Authority may refuse to accept an application for Development Permit where the information
required by Sections 5.4.1, 5.4.2, 5.4.3, and 5.4.4 has not been supplied or where, in the opinion of the Development
Authority, the quality of the material supplied is inadequate to properly evaluate the application.
5.4.6
The Development Authority may deal with an application and make a decision without all of the information required
by subsection Sections 5.4.1, 5.4.2, 5.4.3, and 5.4.4 if it is the opinion of the Development Authority that a decision on
the application can be properly made without such information.
5.4.7
Each application for a Development Permit shall be accompanied by a non-returnable processing fee, as identified in
the Summer Village's Fees and Charges Bylaw.
5.5
PERMISSION FOR DEMOLITION
5.5.1
The demolition of a structure not identified in Section 5.2 shall require a development permit.
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5.5.2
The demolition of any structure must be done in accordance with the Alberta Building Code and Canadian Standards
Association Standard S350-M1980, "Code of Practice for Safety in Demolition of Structures" and/or any subsequent
Alberta Building Code or Canadian Standards Association Standards.
5.5.3
In addition to the requirements of Section 5.4 of this Bylaw, an application for a development permit for the
demolition of a building or structure shall include the following information:
a. the value of the development;
b. the alternatives to demolition if the building is of historic or architectural value;
c. the purpose of the building demolition and the type of structure to replace the demolished building, if
applicable;
d. a work schedule of the demolition and site clean-up (the sequence of demolition must be such that at no
time will a wall or a portion of a wall be left standing unsupported in an unstable condition or in danger of
accidental collapse);
e. the destination of debris materials;
f.
where redevelopment of the site is proposed, the length of time before the site is to be redeveloped and
treatment of the site after demolition but prior to development (if materials are to be stored on site, a site plan
will be required indicating the location of such materials in relation to property lines and other buildings);
g. a copy of the original development approval including building permits where applicable;
h. the form of demolition to be used (heavy equipment or by hand);
i.
the method whereby public safety is to be protected (normally a fence that is at least 1.8 m (6.0 ft.) in height is
required around the excavation or structure to be demolished);
j.
an indication that all utility services to the site and/or the building have been disconnected to the satisfaction
of the Development Authority;
k. an indication that buildings on adjoining properties have been considered to ensure that damage will not
occur to them or their foundations from the demolition;
l.
where a fire safety plan is required, an indication that the local Fire Chief has been consulted for determining
the fire safety plan required; and
m. an indication that any tanks containing flammable or combustible liquids will be removed before demolition
begins and be purged of inert materials to the satisfaction of the Development Authority and any other
applicable provincial agencies.
5.5.4
Before consideration of a development permit application for demolition, the Development Authority may also require
the applicant to complete:
a. a Hazardous Materials Assessment Report; and/or
b. any phase of an environmental site assessment to determine whether the site is contaminated and the
mitigation measures necessary to eliminate such contamination.
5.5.5
As a condition of approving a development permit for the demolition of a building, the Development Authority may, in
addition to other requirements, require that the applicant undertake all actions the Development Authority deems
necessary to ensure the complete and safe demolition of the building, disposal of materials and debris, and site
clean-up.
5.6
PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS
5.6.1
The Development Officer shall:
a. Receive all applications for a Development Permit;
b. Assess and provide notice in writing of a complete or incomplete application as required in Section 683.1 of
the Act;
c. Refer all applications for development which would result in permanent overnight accommodation, including
dwelling units, or public facilities to the Alberta Energy Regulator, if any of the land which is the subject of the
application is within 1.5 km (0.9 miles) of a sour gas facility and the proposed development is not, in the
opinion of the Development Authority, an infill development;
d. Refer any application to a municipality or agency as required by the Sylvan Lake Intermunicipal Development
Plan or the Summer Village of Birchcliff Municipal Development Plan;
29
e. Refer any application to an adjacent municipality or any other agency or person which in their opinion may
provide relevant comments or advice respecting the application;
f.
Consider and decide on applications for Development Permit which meet the standards of this Land Use
Bylaw for permitted uses; and
g. Refer with their recommendations to the Municipal Planning Commission for its consideration and decision
on all other applications for a Development Permit.
5.6.2
Notice of Complete or Incomplete Application
a. The Development Officer shall within twenty (20) days of the receipt of an application for a development
permit, determine whether the application is complete.
b. The time period referred to in Section 5.6.2.a may be extended by an agreement in writing between the
applicant and the Development Authority.
c. An application is complete if, in the opinion of the Development Officer, the application contains the
documents and other information necessary to review the application.
d. If the Development Officer determines that the application is complete, the Development Officer shall issue
to the applicant, in writing or electronically, an acknowledgment that the application is complete.
e. If the Development Officer determines that the application is incomplete, the Development Authority shall
issue to the applicant a notice, in writing or electronically, that the application is incomplete and that any
outstanding documents and information referred to in the notice must be submitted by a date set out in the
notice or a later date agreed on between the applicant and the Development Officer in order for the
application to be considered complete.
f.
If the applicant fails to submit all the outstanding information and documents on or before the date referred
to in Section 5.6.2.e, the Development Officer may deem the application to be refused.
g. Despite the Development Officer having issued an acknowledgment under Section 5.6.2.e or 5.6.2.f, in the
course of reviewing the application, the Development Officer may request additional information or
documentation from the applicant that the Development Officer considers necessary to review the
application.
5.6.3
Upon receipt of a completed application for a development permit, the Development Authority:
a. shall approve, with or without conditions, an application for a permitted use where the proposed
development conforms to this Bylaw;
b. shall refuse an application for a permitted use if the proposed development does not conform with this
Bylaw, subject to Section 5.6.3(d);
c. may refuse or approve, with or without conditions, an application for a discretionary use where the proposed
development conforms to this Bylaw;
d. may approve, with or without conditions, an application for a permitted or discretionary use with variances to
the Bylaw; and
e. prior to making a decision, the Development Authority may refer any application for a permitted or
discretionary use to any municipal department, external agency or adjacent landowners for comment.
5.6.4
For a permitted use in any district:
a. The Development Officer shall approve, with or without conditions, an application for a Development Permit
where the proposed development conforms in every respect to this Land Use Bylaw, the Act, the Matters
Related to Subdivision and Development Regulations, approved statutory plans, and the Sylvan Lake
Intermunicipal Development Plan; or
b. If an application for a Development Permit for a permitted use does not conform to the requirements of this
Land Use Bylaw, the Act, the Matters Related to Subdivision and Development Regulations, approved
statutory plans, and the Sylvan Lake Intermunicipal Development Plan, the Development Officer:
i.
May refuse the application giving reasons for the refusal; or
ii. May consider issuing a variance (not greater than 10% of the applicable requirement of this Land
Use Bylaw), consistent with the provisions in Section 4.8 - Variances of this Land Use Bylaw;
iii. May approve the application subject to conditions to ensure that the application conforms to the
requirements of the Land Use Bylaw, the Act, the Matters Related to Subdivision and
30
Development Regulations, approved statutory plans, and the Sylvan Lake Intermunicipal
Development Plan; or
iv. May approve the application pursuant to section 640(6) of the Act.
5.6.5
For a discretionary use in any land use district:
a. The Municipal Planning Commission may approve an application for a Development Permit
i.
With or without conditions;
ii. Based on the merits of the proposed development, including its relationship to any approved
statutory plan, non-statutory plan, or approved policy, affecting the site;
iii. Where the proposed development conforms in every respect to this Land Use Bylaw; or
b. The Municipal Planning Commission may refuse an application for a Development Permit based on the merits
of the proposed development, even though it meets the requirements of this Land Use Bylaw; or
c. The Municipal Planning Commission shall refuse an application for a Development Permit if the proposed
development does not conform in every respect to this Land Use Bylaw.
5.6.6
The Development Authority may require with respect to a development that, as a condition of issuing a Development
Permit, the applicant:
a. Submit a surveyor's certificate at the footings stage specifying the location of the development on the lot, and
b. Enter into an agreement with the municipality to do all or any of the following:
i.
To construct or pay for the construction of a road required to give access to the development;
ii. To construct or pay for the construction of pedestrian walkway systems;
iii. To install or pay for the installation of utilities that is necessary to serve the development;
iv. construct or pay for the construction of off-street or other parking facilities, loading and
unloading facilities;
v. To pay an off-site levy or redevelopment levy imposed by bylaw;
vi. To require the applicant to be responsible for the repair of any damage to the municipality's lands
and works including but not necessarily confined to roads, drainage courses, trees and fences;
and
vii. To pay to the municipality the costs paid by the municipality to any engineer or any other person
for materials testing, inspections, monitoring of construction, review of construction drawings,
and legal costs and expenses to which the municipality is put in connection with the
development agreement and agreement relates;
c. To whom a Development Permit has been issued shall obtain, where applicable, from the appropriate
authority, permits relating to building, electricity, gas, plumbing and sewage disposal, and all other permits
required in connection with the proposed development; and
d. Shall be financially responsible during construction for any damage caused by the applicant or their guests,
agents, or contractors to any public or private property.
5.6.7
Prior to imposing any condition upon the issue of a Development Permit pursuant to Section 5.6, the Development
Authority shall consult with Council as may be required in the circumstances and shall specify the terms and content
of the agreement in the condition in the Development Permit.
5.6.8
The Development Authority may refuse to accept an application for a development permit if the application is for a
similar development on the same property as a development permit which was applied for and refused by the
Development Authority or the Subdivision and Development Appeal Board within six (6) months of the date of the
current application.
5.6.9
After receipt of a development permit application, the Development Authority shall give notice to the applicant by
email as per the email address listed on the Development Permit Application, that the application is deemed
complete or incomplete.
a. If the application is deemed incomplete, the notice shall contain any outstanding documents and
information required, and a date the outstanding documents and information shall be submitted, set out in
the notice or a later date agreed on between the applicant and the development authority in order for the
application to be considered complete.
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b. If the applicant fails to submit all the outstanding information and documents on or before the date referred
to in the email, the application is deemed to be refused. The development authority must issue to the
applicant a notice by ordinary mail.
5.7
DEVELOPMENT AGREEMENTS
5.7.1
The Development Authority may require with respect to a development that, as a condition of issuing a Development
Permit, the applicant:
a. Submit a surveyor's certificate specifying the location of the completed development on the lot, and
b. Enter into an agreement with the municipality to do all or any of the following:
i.
To construct or pay for the construction of a road required to give access to the development;
ii. To construct or pay for the construction of pedestrian walkway systems;
iii. To install or pay for the installation of public utilities that are necessary to serve the
development;
iv. To construct or pay for the construction of off-street or other parking facilities, loading and
unloading facilities;
v. To pay an off-site levy or redevelopment levy imposed by Bylaw;
vi. To complete lot grading;
vii. To provide for the control of offsite drainage;
viii. To require the applicant to be responsible for the repair of any damage to the municipality's lands
and works including but not necessarily confined to roads, drainage courses, trees and fences;
and
ix. To give security to ensure that the terms of the agreement under this section are carried out;
x. To pay to the municipality the costs paid by the municipality to any engineer or any other person
for materials testing, inspections, monitoring of construction, review of construction drawings,
and legal costs and expenses to which the municipality is put in connection with the
development agreement and the development to which the agreement relates;
c. To whom a Development Permit has been issued shall obtain, where applicable, from the appropriate
authority, permits relating to building, electricity, gas, plumbing and sewage disposal, and all other permits
required in connection with the proposed development; and
d. Shall be financially responsible during construction for any damage caused by the applicant or their guests,
agents, or contractors to any public or private property.
5.7.2
Prior to imposing any condition upon the issue of a Development Permit pursuant to Section 5.4, the Development
Authority shall consult with Council as may be required in the circumstances and shall specify the terms and content
of the agreement in the condition in the Development Permit.
5.8
VARIANCES
5.8.1
The Municipal Planning Commission may grant a variance to reduce the requirements of any use of the Land Use
Bylaw and that use will be deemed to comply with this bylaw.
5.8.2
The Municipal Planning Commission may approve an application for Development Permit even though the proposed
development does not comply with this bylaw or is a non-conforming building if, in the opinion of the Municipal
Planning Commission;
a. The proposed development would not:
i.
Unduly interfere with the amenities of the neighbourhood, or
ii. Materially interfere with or affect the use, enjoyment or value of neighbouring lots, And
b. The proposed development conforms with the use prescribed for that land or building in this bylaw.
5.8.3
In approving an application for development pursuant to subsections 5.8.2.a and 5.8.2.b, the Municipal Planning
Commission shall adhere to the following:
a. A variance shall be considered only where warranted by the merits of the proposed development and in
response to irregular lot lines, lot shapes, or site characteristics which create difficulties in siting structures
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within the required setback or in meeting the usual bylaw requirements. Except as otherwise provided in this
bylaw, there shall be no variance from the following:
i.
Site coverage; and
ii. Building height.
b. Where a variance is granted, the nature of the approved variance shall be specifically described in the
Development Permit approval.
c. Where the issuance of a Development Permit involves the exercise of any specified discretion of the
Municipal Planning Commission to relax a regulation of a district or any other regulation of this bylaw, the
Municipal Planning Commission shall not permit any additional variance from that regulation.
5.9
NOTICE OF DECISION
5.9.1
When a development permit has been issued for a permitted use and no variance to any regulation has been granted,
the Development Authority shall within five (5) working days after a decision on a development permit application
send a notice by regular mail of the decision to the applicant and post a notice on the Summer Village's website.
Mailing the notice is not required when an applicant picks up a copy of the decision.
5.9.2
In addition to the above, within five (5) working days after a decision on a development permit application for a
discretionary use or after a variance has been granted, the Development Officer shall:
a. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all affected
adjacent land owners, as identified on the Summer Village Assessment Roll, to provide notice of the decision
and right of appeal; and
b. post notice of the decision on the Summer Village's website; and
c. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any other
landowner, business, agency, adjacent municipality, person, group, organization or similar body that the
Development Authority deems may be affected to provide notice of the decision and right of appeal.
5.9.3
The notice indicated in Sections 5.9.1 and 5.9.2 shall state:
a. the legal description and the street address of the site of the proposed development;
b. the uses proposed for the subject development;
c. any discretion that was granted in the approval of the development, whether by use or by interpretation of this
Bylaw, and any variation or relaxation in regulation that was made by the Development Authority when the
development permit was approved;
d. the date the development permit was issued;
e. whether an appeal lies to the subdivision and development appeal board or to the Land and Property Rights
Tribunal; and
f.
how an appeal might be made and the deadline for such appeal.
5.9.4
Pursuant to this Section, a permit granted pursuant to this Part does not come into effect until twenty-one (21) days
after the date that notice of the decision, or development permit is received. For the purposes of this Bylaw, notice is
deemed to be received on the 5th day after the date of the issuance of the decision or permit. Any development
proceeded with by the applicant prior to the expiry of this period is done solely at the risk of the applicant.
5.9.5
Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal
has been determined and the permit has been confirmed, modified or nullified thereby.
5.9.6
If the development authorized by a permit is not commenced within twelve (12) months from the date of issue of the
development permit and completed within twelve (12) months of the commencement of the development, the permit
is deemed to be void.
5.9.7
A development, once begun, shall not be abandoned or left for an extended period of time in what the Development
Authority considers to be an unsightly or unsafe condition.
5.9.8
The applicant may be responsible for any damages to public or private property occurring as a result of development.
5.9.9
A decision of the Development Authority on an application for a development permit shall be given in writing.
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5.10 CANCELLATION
5.10.1 The Development Authority may cancel a Development Permit if:
a. The permit was issued in error; or
b. The permit was issued on the basis of incorrect information.
5.11 COMPLIANCE WITH OTHER LEGISLATION
5.11.1 Compliance with the requirements of this Land Use Bylaw does not exempt any person from:
a. The requirements of any federal or provincial legislation;
b. The requirements of any municipal bylaw or statutory plan; and
c. Complying with any easement, covenant, agreement or contract affecting the development.
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6. SUBDIVISION APPLICATIONS
6.1
SUBDIVISION APPLICATION REQUIREMENTS
6.1.1
All subdivision applications for lands within the Summer Village of Birchcliff shall comply with the provisions under
this Section.
6.1.2
A subdivision application may be submitted by:
a. the registered owner of the land to be subdivided; or
b. a person with written authorization to act on behalf of the registered owner.
6.1.3
Subdivisions shall be developed in accordance with the provisions of the land use district affecting the subject site at
time of application.
6.1.4
If the proposed subdivision requires an environmental assessment under the Canadian Environmental Assessment
Act, the applicant shall file an environmental assessment in accordance with the Canadian Environmental
Assessment Act. A copy of the environmental assessment shall be submitted with the subdivision application.
6.1.5
If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or Provincial
agencies and organizations, the applicant shall file and obtain the appropriate reports and/or approvals with relevant
agencies and organizations. A copy of the required reports and/or approvals or licenses shall be submitted with the
subdivision application.
6.1.6
Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and Alberta
Energy Regulator Directive 079 shall accompany every subdivision application.
6.1.7
The tentative plan of subdivision shall:
a. clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to subdivide;
b. show the location, dimensions, and boundaries of:
i.
each new lot to be created;
ii. reserve land(s), if required;
iii. the rights-of-way of each public utility, if required; and
iv. other rights-of-way, if required;
c. indicate the use, location, and dimensions of existing buildings on the land that is the subject of the
application, if any, and specify whether the buildings are proposed to be demolished or moved;
d. show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made) that is
contained within the boundaries of the proposed lot;
e. identify the location of any existing or proposed water wells, the locations and type of any private sewage
disposal system(s), and the distance from these to existing or proposed buildings and property lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active wells,
batteries, processing plants or pipelines within the proposed subdivision; and
g. identify the existing and proposed access to the proposed lots and the remainder of the titled area.
6.1.8
The Summer Village may also require an applicant to submit to the Subdivision Authority any or all the following:
a. a figure showing topographic contours at no greater than 1.5 m (4.9 ft.) intervals;
b. if the proposed subdivision is not to be served by a water distribution system, information supported by the
report of a qualified professional, registered in the Province of Alberta, respecting the provision, availability,
and suitability of potable water on or to the land to be subdivided;
c. an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited to,
susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-site
sewage disposal system(s), prepared and signed by a qualified professional registered in the Province of
Alberta;
d. reports, plans, and studies prepared by qualified professionals, including:
i.
Geotechnical Report;
ii. Lot Grading and Drainage Plan or Stormwater Management Plan;
iii. Water Report;
35
iv. Wetland Assessment;
v. Any other reports, plans, and studies that provides information requested by the Subdivision
Authority;
e. if any portion of the lot affected by the proposed subdivision is situated within 1.5 km (0.9 miles) of a sour gas
facility, a map showing the location of the sour gas facility; and
f.
where the proposed subdivision is staged or includes only a portion of the developable area within the
subject site, an approved Area Structure Plan or Outline Plan that relates the application to future subdivision
and development of adjacent lands.
6.2
SUBDIVISION PROCESS
6.2.1
The Subdivision Authority shall:
a. participate in a pre-application submission meeting with development proponents (as requested);
b. receive all applications for subdivision applications;
c. assess and provide notice of a complete or incomplete application; and
d. issue notices in writing as required in the Act.
6.2.2
Notice of Complete or Incomplete Application:
a. The Subdivision Authority shall within twenty (20) days of the receipt of an application for subdivision,
determine whether the application is complete.
b. The period referred to in Section 6.2.2.a may be extended by an agreement in writing between the applicant
and the Subdivision Authority or, if applicable, in accordance with the Land Use Bylaw made pursuant to
section 640.1(a) of the Act.
c. An application is complete if, in the opinion of the Subdivision Authority, the application contains the
documents and other information necessary to review the application.
d. If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue
to the applicant, in writing or electronically, an acknowledgment that the application is complete.
e. If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall
issue to the applicant a notice, in writing or electronically, that the application is incomplete and that any
outstanding documents and information referred to in the notice must be submitted by a date set out in the
notice or a later date agreed on between the applicant and the Subdivision Authority in order for the
application to be considered complete.
f.
If the applicant fails to submit all the outstanding information and documents on or before the date referred
to in Section 6.2.2.e, the Subdivision Authority must deem the application to be refused.
g. Despite that the Subdivision Authority has issued an acknowledgment under Section 6.2.2.d or 6.2.2.e, in the
course of reviewing the application, the Subdivision Authority may request additional information or
documentation from the applicant that the Subdivision Authority considers necessary to review the
application.
6.3
DUTIES OF THE SUBDIVISION AUTHORITY
6.3.1
Upon receipt of a completed subdivision application, the Subdivision Authority:
a. shall approve, with or without conditions, a subdivision application for a permitted use where the proposed
subdivision conforms to:
i.
this Bylaw;
ii. applicable statutory plans; and
iii. the Act and the regulations thereunder;
b. shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i.
applicable statutory plans; and/or
ii. the Act and the regulations thereunder;
c. shall refuse an application for a subdivision if the proposed subdivision does not conform with this Bylaw,
subject to Section 6.3.1.d;
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d. may approve, with or without conditions, an application for subdivision that does not comply with this Bylaw
if, in the opinion of the Subdivision Authority, the proposed subdivision:
i.
would not unduly interfere with the amenities of the neighbourhood;
ii. would not materially interfere with or affect the use, enjoyment, or value of neighbouring lots;
and
iii. conforms to the use prescribed for that land in this Bylaw;
e. prior to making a decision, shall refer the subdivision application to any external agencies and adjacent
landowners for comment and may refer the subdivision application to any municipal department as required.
6.4
SUBDIVISION REQUIREMENTS AND CONDITIONS
6.4.1
The Subdivision Authority shall abide by the requirements of and consider the matters indicated in Sections 652 to
670 of the Act.
6.4.2
Subdivision approvals must comply with Part 17 of the Act and the Regulations therein.
6.4.3
Where the development involves a subdivision of land, no development permit shall be issued until the subdivision
has been registered with Alberta Land Titles.
6.4.4
More than one active subdivision application will not be allowed affecting a single titled area. Where a subdivision is
proposed for a titled area which is, at time of receipt of the new application, affected by an active subdivision file, the
new application will not be accepted and processed until the existing open file has been closed or finalized to the
satisfaction of the Subdivision Authority.
6.4.5
The Subdivision Authority shall not approve a subdivision which is inconsistent with:
a. The Sylvan Lake Intermunicipal Development Plan;
b. the Summer Village of Birchcliff Municipal Development Plan; and
c. the provisions of any other statutory plans that affect the land proposed to be subdivided.
6.4.6
As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the Act
either in the form of a lot (ownership transferred to the Summer Village) or as an Environmental Reserve Easement
(private ownership is retained).
6.4.7
As a condition of subdivision approval, the Summer Village may require that the proponent provide hazard land as
Environmental Reserve.
6.4.8
Where a subdivision is proposed on lands adjacent to Sylvan Lake, a watercourse or wetland, reserves shall be
required as a condition of subdivision approval as provided for in the Act. When determining the width and size of the
Environmental Reserve the following shall be taken into consideration:
a. Recommendations by qualified professionals; and/or
b. Riparian Setback Matrix Model (RSMM); and/or
c. The Government of Alberta's Stepping Back from the Water: A Beneficial Management Practices Guide for
New Development Near Water Bodies in Alberta's Settled Region; and/or
d. The Province of Alberta's Recommended Setbacks Chart.
6.4.9
Property taxes must be up to date prior to final endorsement of any Subdivision within the Summer Village.
6.4.10 All proposed lots being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice the
future efficient development of the remnant lands.
6.4.11 The Subdivision Authority may require the following conditions as part of subdivision approval:
a. Compliance with an approved Erosion and Sediment Control Plan;
b. Compliance with an approved Landscaping Plan;
c. Compliance with an approved Lot Grading and Drainage Plan;
d. Compliance with an approved Stormwater Management Plan; and/or
e. Any other conditions requested by the Subdivision Authority.
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7. APPEALS
7.1
DEVELOPMENT APPEALS
7.1.1
An appeal may made if the Development Authority:
a. fails or refuses to issue a development permit;
b. issues a development permit subject to conditions; or
c. issues a stop order under Section 645 of the Act;
by the applicant of the development permit or any person affected by the order.
7.1.2
In addition to Section 7.1.1, any person affected by an order, decision or development permit made or issued by the
Development Authority may appeal the decision in accordance with Section 685(2) of the Act.
7.1.3
Despite Sections 7.1.1 and 7.1.2, no appeal lies in respect of the issuance of a development permit for a permitted
use unless the provisions of the land use bylaw were relaxed, varied, or misinterpreted or the application for the
development permit was deemed to be refused under Section 683.1(8) of the Act.
7.1.4
Despite Sections 7.1.1, 7.1.2 and 7.1.3, if a decision with respect to a development permit application in respect of a
direct control district:
a. is made by a council, there is no appeal to the Subdivision and Development Appeal Board; or
b. is made by a Development Authority, the appeal is limited to whether the Development Authority followed the
directions of council, and if the board hearing the appeal finds that the Development Authority did not follow
the directions it may, in accordance with the directions, substitute its decision for the Development
Authority's decision.
7.1.5
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1) (a) of the Act shall be
made to the Land and Property Rights Tribunal and shall proceed in accordance with the processes identified in the
Act and the Land and Property Rights Tribunal Act.
7.1.6
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1) (b) of the Act shall be
made to the Subdivision and Development Appeal Board of the Summer Village.
7.1.7
An appeal with respect to an application for a development permit may be made by a person identified in Section
7.1.4 may be made by serving a written notice of appeal to the board hearing the appeal:
a. within 21 days after the date on which the written decision is given; or
b. if no decision is made with respect to the application within the 40-day period (or within any extension to that
period under Section 684 of the Act), within 21 days after the date the period or extension expires; or
c. with respect to an order under Section 645 of the Act, within 21 days after the date on which the order is
made.
7.1.8
An appeal with respect to an application for a development permit may be made by a person (identified in Section
7.1.2) by serving a written notice of appeal to the board hearing the appeal within 21 days after the date on which the
written decision is given.
7.1.9
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights
Tribunal. The notice submission requirements shall be as established by the Land and Property Rights Tribunal.
7.1.10 An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the
following:
a. the appeal application fee as identified in the Summer Village's Fees and Charges Bylaw;
b. the legal description and/or the municipal address of the property to which the decision, order or issuance of
the development permit relates;
c. the name, contact information, and address of the appellant; and
d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of the
appeal.
7.1.11 Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the appropriate
board and the appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is deemed
38
to have received the notice of appeal from the applicant on the date it receives the notice of appeal from the first
board, if:
7.1.12 in the case of a person referred to in Section 7.1.4 the person files the notice with the wrong board within 21 days after
receipt of the written decision or the deemed refusal; or
7.1.13 in the case of a person referred to in Section 7.1.5, the person files the notice with the wrong board within 21 days
after the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw.
7.2
SUBDIVISION APPEALS
7.2.1
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a. by the applicant for the approval;
b. by a government department if the application is required by the Subdivision and Development Regulations to
be referred to that department;
c. by the council of the municipality in which the land to be subdivided is located if the council, a Designated
Officer of the municipality or the Municipal Planning Commission of the municipality is not the Subdivision
Authority; or
d. by a school board with respect to:
i.
the allocation of municipal reserve and school reserve or money in place of the reserve;
ii. the location of school reserve allocated to it; or
iii. the amount of school reserve or money in place of the reserve.
7.2.2
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall be made to
the Land and Property Rights Tribunal and shall proceed in accordance with the processes identified in the Act and
the Land and Property Rights Tribunal Act.
7.2.3
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of the Act
shall be made to the Subdivision and Development Appeal Board of the Summer Village.
7.2.4
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights
Tribunal. The notice submission requirements shall be as established by the Land and Property Rights Tribunal.
7.2.5
An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the
following:
a. the appeal application fee as identified in the Summer Village's Fees and Charges Bylaw;
b. the legal description and/or the municipal address of the property to which the decision, order, or issuance of
the development permit relates;
c. the name, contact information, and address of the appellant; and
d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of the
appeal.
7.2.6
If the applicant files a notice of appeal within 14 days after receipt of the written decision or the deemed refusal with
the wrong board, that board must refer the appeal to the appropriate board and the appropriate board must hear the
appeal as if the notice of appeal had been filed with it and it is deemed to have received the notice of appeal from the
applicant on the date it receives the notice of appeal from the first board.
7.3
APPEAL HEARINGS AND DECISIONS
7.3.1
Hearings for development appeals and decisions made by the board hearing the appeal shall be in accordance with
Section 686 and 687 of the Act.
7.3.2
Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in accordance with
Section 679, 680 and 681 of the Act.
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8. ENFORCEMENT
8.1
SCOPE OF ENFORCEMENT
8.1.1
Regulations in Section 8 are related to the enforcement of Land Use Bylaw regulations exclusively.
8.2
PROVISION OF ENFORCEMENT
8.2.1
Enforcement may be conducted by a Designated Officer through the issuance of a violation warning, warning notice,
final warning notice, stop order, violation tags or any other authorized action under the Act to ensure compliance with
the regulations of this Land Use Bylaw.
8.3
PROHIBITION
8.3.1
No person shall contravene or permit a contravention of this Bylaw. No person shall commence or undertake a
development, use, or action that is not permitted by this Bylaw.
8.3.2
No person shall contravene the conditions of a development permit or subdivision approval issued under this Bylaw.
8.3.3
No person shall authorize or undertake any development that is not compliant with the description, specifications, or
plans that were the basis for the issuance of a development permit.
8.3.4
No person shall modify any description, specifications, or plans that were the basis for the issuance of a permit by the
Development Authority.
8.4
RIGHT OF ENTRY
8.4.1
After reasonable notice (generally to mean 48 hours) has been provided to the owner or occupant of a lot or building
that is subject to an order, a Designated Officer may enter a property at reasonable times (generally to mean between
the hours of 7:30 a.m. and 10:00 p.m.) to ascertain if Land Use Bylaw and development permit
conditions/requirements are being met.
8.4.2
A person shall not prevent or obstruct a Designated Officer from carrying out any official duty under this Bylaw. If
consent is not given, the Summer Village may apply to the Court of King's Bench for an authorizing order.
8.5
VIOLATION WARNINGS
8.5.1
A Designated Officer may issue a warning notice (or a final warning) outlining:
a. the nature of the violation;
b. corrective measures that may be taken; and
c. the deadline for corrective measures.
8.6
OFFENSES AND FINES
8.6.1
A person who violates the provisions of this Bylaw or permits a contravention of this Bylaw, is guilty of an offence and
is liable to a fine for a first offence and for each subsequent offense as specified in the Summer Village's Fees and
Charges Bylaw.
8.6.2
If the penalty is not paid, the person may be liable for imprisonment for not more than one year, or to both fine and
imprisonment, as identified in Section 7 of the Act, as amended or replaced.
8.7
STOP ORDERS
8.7.1
On finding that a development, land use, or use of a building does not conform to the Act or its regulations, a
development permit or subdivision approval or the conditions of either, or this Bylaw, the Development Authority may,
by written notice, direct the owner of the property, the person in possession of the land, building, or sign, or the person
responsible for a contravention or any or all of them, to:
a. stop the development or use of the land or building in whole or part as directed by the notice;
b. demolish, remove, or replace the development or landscaping; or
c. carry out any other actions required by the notice for compliance.
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8.7.2
The notice shall specify a deadline for compliance.
8.7.3
A person named in a stop order may appeal to the Subdivision and Development Appeal Board.
8.8
VIOLATION TAGS AND TICKETS
8.8.1
The Development Authority is hereby authorized and empowered to issue a violation tag to any person who the
Development Authority has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
8.8.2
A violation tag may be issued to such person:
a. either personally; or
b. by mailing a copy to such person at his last known post office address or address indicated on the
development permit issued to that person for that development.
8.8.3
The violation tag shall be in a form approved by the municipal administrator and shall state:
a. the name of the person;
b. the offence;
c. the appropriate penalty for the offence as established in the Summer Village's Fees and Charges Bylaw.
d. that the penalty shall be paid within 30 days of the issuance of the violation tag; and
e. any other information as may be required by the municipality.
8.8.4
Where a contravention of this bylaw is of a continuing nature, further violation tags may be issued by the Development
Authority, provided however that no more than one violation tag shall be issued for each day that the contravention
continues.
8.8.5
Where a violation tag is issued pursuant to this section, the person to whom the violation tag is issued may, in lieu of
being prosecuted for the offence, pay to the municipality the penalty specified on the violation tag.
8.8.6
Nothing in this bylaw shall prevent the Development Authority from immediately issuing a violation ticket.
8.8.7
In both cases where a violation tag has been issued and if the penalty specified on a violation tag has not been paid
within the prescribed time, then the Development Authority is hereby authorized and empowered to issue a violation
ticket pursuant to Part II of the Provincial Offences Procedure Act, as amended or replaced.
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9. LAND USE REGULATIONS
9.1
ACCESSORY BUILDINGS IN THE R1 DISTRICT
9.1.1
Subject to the provisions of subsections 9.1.2 and 9.1.3 of this Section, accessory buildings shall be sited having
regard to their:
a. Environmental impact;
b. Use;
c. Accessibility; and
d. Location in relation to other buildings on the lot and the future use and/or subdivision of the lot.
9.1.2
An accessory building on a lot abutting Sylvan Lake or a reserve lot abutting Sylvan Lake shall be situated so that:
a. It is located within the minimum rear yard of any lot;
b. It is not within the front yard;
c. On an interior lot, a minimum of:
i.
1.0 m (3.3 ft.) from any side lot boundary;
ii. 6.0 m (19.7 ft.) from the rear lot boundary; and
d. On a corner lot, a minimum of:
i.
3.0 m (9.8 ft.) from any side boundary abutting a street, or a reserve lot;
ii. 1.0 m (3.3 ft.) from the other side lot boundary; and
iii. 6.0 m (19.7 ft.) from the rear lot boundary.
9.1.3
An accessory building on a lot not abutting Sylvan Lake or a reserve parcel not abutting Sylvan Lake shall be
situated so that:
a. On an interior lot, a minimum of:
i.
1.0 m (3.3 ft.) from the side lot boundary;
ii. 3.0 m (9.8 ft.) from the rear lot boundary;
iii. 6.0 m (19.7 ft.) from the front lot boundary, and
b. On a corner parcel, a minimum of:
i.
3.0 m (9.8 ft.) from the side lot boundary abutting the street;
ii. 1.0 m (3.3 ft.) from the other side lot boundary;
iii. 6.0 m (19.7 ft.) from the front lot boundary, and
iv. 3.0 m (9.8 ft.) from the rear lot boundary.
9.1.4
Notwithstanding the above, an accessory building or any portion thereof may be erected or placed on the rear or side
boundary common to 2 lots provided the accessory building serves the 2 abutting lots.
9.1.5
Notwithstanding section 9.24, an accessory building shall not be more than 5.0 m (16.4 ft.) in building height
measured from grade.
9.1.6
An accessory building erected or placed on a lot shall not be used as a dwelling unit.
9.1.7
The exterior of an accessory building must be finished to match or complement the exterior finish of the main
building.
9.1.8
An accessory building's footprint shall be no larger than 6% of the lots total area, to a maximum of 204.4 m2 (2,200
ft.2).
9.1.9
Notwithstanding 9.1.2, on a waterfront or semi-waterfront lot the following accessory buildings may be developed
within the front yard:
a. Fire pits;
b. Hot tubs; and
c. Gazebos.
9.2
ACCESORY BUILDINGS IN THE R2 AND R3 DISTRICTS
9.2.1
Accessory building's combined footprints shall be no larger than 6% of the lot's total area, to a maximum of 204.4 m2
(2,200 ft.2).
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9.2.2
Notwithstanding section 9.24, an accessory building shall not be more than 5.0 m (16.4 ft.) in building height
measured from grade.
9.2.3
An accessory building erected or placed on a parcel shall not be used as a dwelling unit.
9.2.4
The exterior of an accessory building must be finished to match or complement the exterior finish of the main
building.
9.3
ACCESSORY BUILDINGS (GARAGES)
9.3.1
On lots abutting Sylvan Lake or a reserve lot abutting the lake:
a. In addition to the accessory building setbacks prescribed in Sections 9.1 and 9.2, a detached garage shall be
located a minimum of 6.0 m (19.7 ft.) from the rear lot boundary if the overhead doors of the garage face a
lane, street or rear property boundary.
b. Side entry detached garages:
i.
Will only be permitted on lots greater than 12.0 m (39.4 ft.) in width; and
ii. Shall be located a minimum of 3.7 m (12.0 ft.) from the rear lot boundary.
9.3.2
On lots not abutting Sylvan Lake or a reserve lot abutting the lake:
a. In addition to the accessory building setbacks prescribed in Sections 9.1 and 9.2, a detached garage shall be
located a minimum of 6.0 m (19.7 ft.) from the front lot boundary if the overhead doors of the garage face a
lane, street or front lot boundary.
b. Side entry detached garages:
i.
Will only be permitted on lots greater than 12.0 m (39.4 ft.) in width; and
ii. Shall be located a minimum of 3.7 m (12.0 ft.) from the front lot boundary.
9.4
BUILDING ORIENTATION AND DESIGN
9.4.1
The design, character and appearance of any building, or series of buildings, structures or signs proposed to be
erected or located in any district must be acceptable to the Development Authority having due regard to the following:
a. Amenities such as daylight, sunlight and privacy.
b. The character of existing development in the district.
c. Impact of proposed development on adjacent lots.
d. Crime Prevention Through Environmental Design (CPTED) principles to discourage crime by reducing
concealment opportunities, providing lighting to minimize dark spaces, placing windows to maximize
surveillance, and easily identifiable addresses.
e. Proposed type of finish and use of building materials on all elevations and the roof.
f.
The exterior finish on all buildings shall be of permanent material satisfactory to the Development Authority.
g. The roof pitch and width of the eaves.
h. The depth of the main building shall not be greater than three (3) times its width.
i.
The Development Authority may require additional building setbacks in order to accommodate any local,
area or natural drainage courses or over land drainage issues. Surface drainage from one (1) lot may not be
directed onto or over an adjacent lot without approval of the Development Authority.
j.
Patios may be developed no closer than 1.0 m (3.3 ft.) to a side property line within the side yard and rear yard
of a lot.
k. Rainwater collected by eaves shall not be piped or channeled directly into:
i.
The Summer Village's wastewater collection system; or
ii. Sylvan Lake.
9.4.2
To help prevent and mitigate wildfires in Birchcliff, the following will be required of all new developments and general
renovations, or repairs requiring the replacement or addition of 60% or greater of building material:
a. Roofs on buildings shall be constructed of non-combustible or fire-retardant materials with a minimum Class
B fire rating. The use of wooden roof shingles is prohibited.
b. Roofs on buildings shall have soffits or be otherwise screened with FireSmart compliant material to reduce
the opportunities for embers from forest fires to lodge in the roof overhang area.
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c. All siding and fascia materials on buildings requiring a development permit shall consist of fire-resistant
materials as identified in the most current versions of "FireSmart - Protecting Your Community from Wildfire"
or the "Wildland Urban Interface (WUI) Products" listing, and that siding material shall extend from ground
level to the roofline.
d. All patios that are raised above ground level shall have sheathing made of fire-resistant materials extending
from the patio's floor level to the ground in order to prohibit the entry of sparks and embers under the
structure.
e. All balconies and decks on buildings shall be constructed of fire-resistant materials as identified in the most
current versions of "FireSmart - Protecting Your Community from Wildfire" or the "Wildland Urban Interface
(WUI) Products" listing.
f.
All buildings with exposed undersides less than 2.0 m (6.6 ft) above the ground shall have sheathing made of
fire-resistant materials extending from the floor level to the ground to prohibit the entry of sparks and embers
under the structure. Small cantilevers, such as bay windows, may alternatively have their undersides
sheathed with fire-resistant material.
g. All buildings, including their balconies and decks, with exposed undersides higher than 2.0 m (6.6 ft) from
ground level shall have a non-combustible surface cover underneath them.
9.5
DEVELOPMENT IN THE CC1 AND CC2 DISTRICTS
9.5.1
Development within the CC1 and CC2 Districts shall be consistent with an approved area structure plan adopted by
Council, as amended or replaced.
9.5.2
Proposals to expand or redevelop the Western RV Park shall be supported by the preparation of a new/update area
structure plan adopted by Council for lands within the CC1 and CC2 Districts.
9.6
DRIVEWAYS
9.6.1
The maximum width of a driveway shall be 10.0 m (32.8 ft.). Driveway width shall be measured within the carriageway.
9.6.2
Driveways on corner lot shall be setback from the street intersection not less than 6.0 m (19.7 ft.).
9.6.3
In residential districts, the number of driveways shall be limited to not more than 1 driveway on a property with less
than or equal to 40.0 m (131.2 ft.) and not more than 2 driveways for properties with more than 40.0 m (131.2 ft.) of
frontage.
9.6.4
Driveways shall be constructed in such a manner not to interfere with the natural flow or absorption of water.
9.6.5
Where the road storm drainage flow will be impacted by the construction of a driveway, at the discretion of the
Development Authority, driveways shall contain culverts and be graded to the satisfaction of the municipality.
9.6.6
Driveways shall be constructed of asphalt within the carriageway (between the road and private property line).
9.6.7
A developed driveway shall be considered part of a lot's site coverage and (along with other developments on the lot)
shall not exceed the maximum site coverage regulation in the applicable Land Use District.
9.6.8
A development permit shall be required for a new driveway, or to increase the area of an existing driveway.
9.6.9
Culverts shall be designed and installed to municipal standards at no cost to the Summer Village.
9.7
FENCES
9.7.1
Within the residential districts:
a. For lots abutting Sylvan Lake or a reserve lot abutting the lake, fences:
i.
Located within a rear yard or side yard of a lot shall not exceed 2.0 m (6.6 ft.) in height; and
ii. There shall be no fences located within the front yard.
b. For lots not abutting Sylvan Lake or a reserve lot abutting the lake, fences within all yards shall not exceed 2.0
m (6.6 ft.) in height.
9.7.2
Fence height shall be determined by measuring from the top of the fence to the ground.
9.7.3
Fences located within the flankage yard, and yards abutting a road or reserve shall provide 80% visual access
perpendicular to the road or reserve. The posts can be located in the center and inside, not outside of the fence.
9.7.4
Chain link fences must be non-galvanized and restricted to 1.0 m (3.3 ft.).
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9.7.5
Barbed wire fencing is not permitted within the Summer Village.
9.7.6
Within the EOS District, a fence shall be sited to the discretion of the Development Authority.
9.8
HOME OCCUPATIONS
9.8.1
Home occupations shall comply with the following:
a. A home occupation shall not include any use or operation which detracts from the amenities of a residential
neighbourhood, by way of creating dangerous or objectionable conditions.
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b. A home occupation shall be incidental and subordinate to both the residential use and any accessory
residential building.
c. There shall be no exterior display or advertisement, except as provided for in section 5.2.1.l of this Land Use
Bylaw.
d. There shall be no outside storage or materials, commodities or finished products.
e. No commodity other than the product or service of the home occupation shall be sold on the premises.
f.
No person other than a resident of the dwelling unit shall be employed.
9.9
KEEPING OF ANIMALS
9.9.1
The keeping of dogs in the Summer Village shall be in accordance with the Summer Village's Dog Bylaw.
9.9.2
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.
9.9.3
The operation of a kennel in the Summer Village is prohibited.
9.9.4
The keeping of livestock in the Summer Village is prohibited, in accordance with the Summer Village's Livestock
Bylaw.
9.9.5
Notwithstanding 9.9.4, the keeping of hens shall be permitted, subject to the regulations of the Summer Village's
Livestock Bylaw and requirements of the Summer Village's licensing system.
9.10 LANDSCAPING, ENVIRONMENTAL CONSERVATION, AND DEVELOPMENT
9.10.1 As a condition of subdivision or development approval, security in the form of an irrevocable letter of credit may be
required to ensure that landscaping that is subject to a development permit is carried out with reasonable diligence.
The amount required by the Development Authority shall be:
a. A minimum $50,000 (to a maximum of 150% of the proposed landscaping value) within the R1 and CC2
Districts; and
b. To a maximum of 150% of the estimated cost of the proposed landscaping value.
A condition of the security shall be that the landscaping shall be completed in accordance with this Bylaw and the
landscaping and drainage plan(s) within 1 growing season after the completion of the development. If the landscaping
does not survive a 2 year maintenance period, the amount shall be paid to the Summer Village to complete the
landscaping. The amount shall serve as a security for the fulfillment of development permit conditions and may be
drawn upon in the event of non-compliance, delays, or failure to complete the required work within the specified
timeline.
9.10.2 A development permit for landscaping may be required where the proposed landscaping would result in:
a. the clearing of vegetation, stripping, or regrading of the site;
b. an increase in surface water and sediment run-off into Sylvan Lake or onto adjacent properties; and
c. landscaping within an escarpment.
9.10.3 Where a landscaping plan is required with an application for a development permit, no landscaping shall commence
prior to the plan being approved by the Development Authority.
9.10.4 Landscaping plans shall incorporate (where possible) recommendations from the Alberta Clean Runoff Action Guide
2020 including:
a. Grading of lots to drain and retain runoff to control and reduce surface water leaving the lot;
b. Inclusion of the following clean runoff landscaping strategies:
i.
Within planting beds and natural areas, keep the areas rough, with dished areas for trapping
water.
ii. Where possible include a depression to intercept surface water (including snowmelt) before it
leaves the site.
iii. Minimize turf areas on waterfront and semi-waterfront lots to decrease soil compaction and the
proliferation of invasive weeds.
iv. Incorporate tools for capturing, treating, and using runoff into lot grading and landscaping.
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v. Incorporate deciduous native plant species and wild flowers into landscaping plans to
encourage fire suppression, support biodiversity, and increase evapotranspiration.
c. Landscaping plans shall include the following information which adheres to the following standards:
i.
an illustration indicating the location and area of the site where the landscaping or excavation is
to take place;
ii. outlines of all buildings and structures on the subject site;
iii. location of parking areas, vehicle and pedestrian circulation systems on the subject site;
iv. location, height and materials of all proposed fences, screens, and walls on the subject site;
v. location of any existing or proposed lighting, proposed recreational facilities and garbage
collection areas on the subject site;
vi. existing vegetation, including mature trees, on the subject site, labeled by common name;
vii. a plan showing the existing trees and/or shrubs and identification of the trees and/or shrubs to be
removed and/or added;
viii. A statement on why the trees and/or shrubs are proposed to be removed and/or added;
ix. the type and dimensions including average depth of the excavation to be done, and the potential,
if any, to affect existing drainage patterns on and off the site;
x. details outlining the measures that will be taken to ensure the integrity of trees and/or shrubs
adjacent to those proposed to be removed is not compromised;
xi. the condition in which the site is to be left when the operation is complete, including the action
which is to be taken for restoring the condition of the surface of the land to be affected, and for
preventing, controlling or lessening erosion or dust from the site;
xii. an indication of all municipal servicing costs associated with the development;
xiii. the proposed haul route, dust control plan and expected hours of operation;
xiv. the depth and variation in depth of groundwater encountered in test holes; and
xv. the proposed final grading and drainage plan of the area and the placing and spreading of
topsoil. In particular, all areas to be landscaped shall be graded to drain to the lake, into catch
basins or into adjacent drainage easements. Under no circumstances shall an area be designed,
built or landscaped to drain onto adjacent property without appropriate easements.
9.10.5 In addition to the requirements of Section 9.8.5, landscaping plans shall also include pre-built and as-built shots to
prove that the proposed final grading and drainage plan function properly.
9.10.6 The following standard of landscaping shall be required for all areas of a lot not covered by buildings, driveways,
storage and display areas:
a. The conservation of existing trees and shrubs to the maximum extent possible;
b. The retention, in their natural state, of:
i.
swamps, gullies and natural drainage courses;
ii. unstable land;
iii. land subject to flooding and/or located within a 1:100 year floodway or flood fringe area as
determined by an engineer or flood study;
iv. land with slope areas with a gradient of 15% or greater; and
v. land located below the top of the bank of the lake, or any water body or water course.
c. A minimum 15 cm depth of topsoil shall be placed to facilitate growth in the soft landscaped areas, with
areas not planted with trees and shrubs being seeded with grass, sodded or left with its natural grass cover.
d. Landscaping must be completed within 2 years of the date of issue of the Development Permit.
9.10.7 The following standards shall be required for all escarpment areas:
a. When remedial actions are required on the escarpment, an engineered report shall be required to provide
evidence that such actions are necessary. Remedial actions must preserve the natural surroundings while
improving the bank stability.
b. Proposals to alter an escarpment area must be accompanied by a geotechnical report and will only be
considered below the top of escarpment where necessary in order to stabilize and prevent failure of the
slope, not to accommodate walk out basements, firepits, or other aesthetic choices.
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c. Proposals for development for reasonable lake access may be considered upon successful application and
must be accompanied by a geotechnical report and must also be under the maximum of 5.0 m (16.4 ft) and
not exceed 20% of the width of the lot. The Development Authority must rule based on the merit of the
application and the Summer Village's vision to keep the escarpment natural, as identified in the Summer
Village's Municipal Development Plan and Climate Plan.
d. Further to 9.10.8.a, retaining wall proposals are required to include an engineered report specific to the
onsite installation and location of the walls, soil type and on-site conditions, materials, design parameters,
site preparation, side slope protection, drainage, and testing/inspection requirements.
e. Further to 9.10.8.a, retaining wall height shall not exceed 1.0 m (3.3 ft.) in height, and must be setback a
minimum of 3.0 m (9.8 ft.) from the high water mark of the lake, unless specifically required in the
geotechnical report and no other option is available. The maximum height allows for the escarpment area to
remain as natural as possible. Retaining wall structures shall be made out of natural rock and stone. If
retaining walls are not constructed of natural rock or stone, they must have a natural rock or stone façade.
f.
A minimum 80% of the escarpment area shall be covered by native, deep rooting plants or trees planted in
grass or topsoil (no gravel, mulch, or turf). Aside from the stairs and retaining walls, and point to point path,
no hard landscaping will be permitted.
g. Should a guard (rail) be required in accordance with safety codes regulations on a tiered escarpment, it is
required to allow for visual access to the yard of the lot to the satisfaction of the Development Authority,
additionally including a vegetative guard no smaller than 5.0 cm (2.0 inches) thick, and 1.0 m (3.3 ft.) tall
along the guard.
9.11 MANUFACTURED HOMES
9.11.1 The placement of a manufactured home dwelling on a lot in the Summer Village is prohibited.
9.12 MECHANIZED EXCAVATION, STRIPPING, AND GRADING
9.12.1 A temporary fence shall be erected around all excavations which in the opinion of the Development Authority may be
hazardous to the public.
9.12.2 Where finished ground elevations are established, all grading shall comply therewith.
9.12.3 All lots shall be graded to ensure that storm water is directed to a drainage ditch without crossing adjacent land,
except as permitted by the Development Authority.
9.12.4 All topsoil shall be retained on the lot, except where it must be removed for building purposes.
9.12.5 Finished ground elevations must be provided to the Development Authority for any dwelling unit containing a walkout
basement.
9.12.6 Retaining walls greater than 1.0 m (3.3 ft.) in height above any adjoining grade requires a Development Permit.
9.13 NUMBER OF DWELLINGS AND BUILDINGS ON A LOT
9.13.1 Within the R1, R2, and R3 Districts, a Development Permit shall not be issued for more than:
a. One (1) main building on a lot; and
b. Three (3) accessory buildings on a lot.
9.13.2 Within the CC1 and CC2 Districts, the number of dwellings and buildings on a lot shall be as identified in the
respective District's regulations.
9.14 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
9.14.1 No person shall allow a recreational vehicle or other object which is in a dilapidated or unsightly condition, or a
derelict vehicle to remain or be parked on a lot in the residential districts, unless it is suitably housed or screened to
the satisfaction of the Development Authority.
9.14.2 The parking of commercial or industrial vehicles used for the storage of dangerous, hazardous, flammable, or
combustible goods (except as contained with a permanently installed tank connected to the fuel system of the
vehicle) on residential lots shall be prohibited.
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9.14.3 No person shall allow the parking or storage of a helicopter on a lot.
9.15 PRIVATE POOLS, HOT TUBS, AND PONDS
9.15.1 For lots abutting Sylvan Lake or a reserve lot abutting the lake, other than Lots 9-10, Block 1, Plan 5104 EO, a private
pool, hot tub, or decorative pond shall be located:
a. At least 1.5 m (4.9 ft.) from the side and front lot boundaries;
b. In a front yard or a side yard in an interior lot; and
c. On a corner lot, located in a front yard or the side yard not adjacent to a public roadway.
d. A decorative pond may be located in a rear yard if:
i.
The pond is 600.0 mm (23.6 inches) or less in depth; and
ii. The pond is located a minimum of 1.5 m (4.9 ft.) from the rear and side property boundaries.
9.15.2 For lots not abutting Sylvan Lake or a reserve lot abutting the lake, a private pool, hot tub, or decorative pond shall be
located:
a. At least 1.5 m (4.9 ft.) from the side and rear property lines;
b. In a rear yard or a side yard in an interior lot; and
c. On a corner lot, located in a rear yard or the side yard not adjacent to a public roadway.
d. A decorative pond may be located in a front yard if:
i.
The pond is 600.0 mm (23.6 inches) or less in depth; and
ii. The pond is located a minimum of 1.5 m (4.9 ft.) from the front and side property boundaries.
9.15.3 A private pool or hot tub shall be enclosed by a secure lockable lid or fencing equipped with gates that lock in
accordance with the National Building Code (Alberta Edition) in effect at the date of the application for Development
Permit.
9.15.4 Draining private pools and hot tubs other than directly into the sewer line of the principal dwelling is prohibited, as per
the Summer Village's Sanitary Sewage Bylaw.
9.15.5 Pool and hot tub water, and their associated maintenance products contain chemicals that may seriously harm
aquatic plants, fish, birds and animals when disposed of improperly.
9.16 PROJECTION OVER YARDS
9.16.1 In the residential districts the portion of (and attachments) to a main building or accessory building which may project
over or on a minimum yard are:
a. Side Yards: Any projection, including unenclosed steps or eaves, not exceeding one-half of the minimum side
yard required for the building;
b. Front Yard and Rear Yard:
i.
Any projection not exceeding 2.5 m (8.2 ft.) over or on a minimum front yard or rear yard; and
ii. Unenclosed decks, if they do not project more than 50% of the minimum yard.
9.16.2 No portion of a building other than eaves, signs or canopies may project into a public or private right-of-way.
9.17 PUBLIC PROPERTY
9.17.1 Parking or leaving a vehicle on public property shall be in accordance with the Summer Village's Traffic Bylaw, as
amended or replaced.
9.17.2 The removal of trees and/or shrubs, excavation, grading or drainage alteration on any municipal reserve,
environmental reserve or other municipal owned land, without expressed written approval from the municipality, is
prohibited.
9.17.3 Private development on any municipal reserve, environmental reserve or other municipal owned land is prohibited,
unless an agreement has been entered into with the Summer Village.
9.17.4 The prohibition in subsection 9.17.3 does not apply to any uses listed in an applicable district and subject to express
written approval from the municipality.
9.17.5 No person shall erect or cause to be erected any fence on any property owned by the municipality without their
expressed written approval.
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9.17.6 Stairs, walkways, and paths shall be prohibited on lands owned or controlled by the Summer Village unless the
Summer Village enters into an encroachment agreement allowing the encroachment.
9.17.7 The placement and storage of any items, including but not limited to piers, boats, or recreational structures is
prohibited on lands owned or controlled by the Summer Village unless the Summer Village enters into an
encroachment agreement allowing the placement or storage.
9.18 RECREATIONAL VEHICLES IN THE R1, R2, AND R3 DISTRICTS
9.18.1 A maximum of one (1) recreational vehicle may be stored or placed on a developed lot without a development permit.
9.18.2 Except as noted in 9.18.3, a recreational vehicle shall not be placed on an undeveloped lot.
9.18.3 A maximum of one (1) recreational vehicle is permitted on an undeveloped lot on a temporary basis (with a
development permit) in order to provide temporary accommodation (during construction) for a principal dwelling for
which a development permit has been issued. The recreational vehicle must have approved potable water system
and wastewater system that comply with current provincial requirements. The development permit shall indicate:
a. The maximum duration an additional recreational vehicle may be placed on a lot; and
b. Where the recreational vehicle will be placed on the lot.
9.18.4 Notwithstanding 9.18.1, one (1) additional recreational vehicle may be placed on a lot on a temporary basis with a
development Permit. The development permit shall indicate:
a. The maximum duration an additional recreational vehicle may be placed on a lot; and
b. Where an additional recreational vehicle may be placed on the lot.
9.18.5 Recreational vehicles placed on a lot shall adhere to the front, rear, and side yard requirements of dwellings and
accessory buildings identified in the applicable Land Use District.
9.18.6 Recreational vehicles shall not be located within the front yard of a lakefront lot.
9.18.7 A recreational vehicle stored or placed on a lot must be situated on a hard surfaced or gravel pad.
9.18.8 The towing vehicle associated with the recreational vehicle shall be parked entirely on the lot and not on the adjacent
roadway.
9.18.9 All recreational vehicles shall not be permitted to dispose of wastewater and greywater on the ground within the
Summer Village.
9.18.10 Underground permanent utilities (e.g. water, wastewater, and dedicated power connections) are strictly prohibited for
recreational vehicles in the Summer Village.
9.18.11 Recreational vehicles stored or placed on lots in the Summer Village shall not be rented for compensation.
9.18.12 Recreational vehicles must remain on private property at all times and cannot be stored or used on municipal land.
9.18.13 In no instance will the placement of a recreational vehicle in a front yard be allowed where the recreational vehicle
would impede or obstruct the safety of pedestrians or vehicle traffic on adjacent sidewalks or roadways.
9.18.14 All recreational vehicles shall not be permitted to dispose of wastewater and greywater on the ground within the
Summer Village.
9.18.15 Underground permanent utilities (e.g. water, wastewater, and dedicated power connections) are strictly prohibited for
recreational vehicles in the Summer Village.
9.19 RELOCATION OF BUILDINGS
9.19.1 No Person shall:
a. Alter the location on a lot of a building which has already been constructed on that lot; or
b. Place on a lot a building which is to be relocated or moved from a different lot or location;
unless a Development Permit has been issued by the Development Authority.
9.19.2 In addition to the requirements of section 5.4.1, the Development Authority may require an application for a
Development Permit to be accompanied with:
a. Recent colour photographs showing all elevations of the building;
b. A statement verifying the age, size and structural condition of the building;
c. A statement of proposed improvements to the building.
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9.19.3 An application for a Development Permit may be approved by the Development Authority if the proposal meets all of
the regulations specified under the appropriate district in which it is proposed to be located.
9.19.4 Where a Development Permit has been granted for the relocation of a building either on the same lot or from another
location, the Development Officer may require the applicant to provide a performance bond of such amount to ensure
completion of any renovations set out as a condition of approval of a Development Permit.
9.19.5 All structural and exterior renovations shall be completed within one (1) year of the issuance of a Development
Permit.
9.20 REPLACEMENT TREES AND SHRUBS
9.20.1 The required planting of replacement trees and/or shrubs to replace those removed upon development of the lot,
shall be at the discretion of the Development Authority who shall have regard for the listing of native plants on the
Summer Village's website.
9.20.2 As a condition of Development Permit, an irrevocable letter of credit may be required, up to a value equal to the
estimated costs of the proposed replacement trees and/or shrubs, to ensure that the required replacement trees
and/or shrubs is carried out with reasonable diligence. The conditions of the security being that:
a. If the replacement trees and/or shrubs are not planted in accordance with the approved statement or plan
showing the proposed replacement trees and/or shrubs, then the municipality shall use the security to plant
the approved replacement trees and/or shrubs;
b. If the replacement trees and/or shrubs do not survive a two (2) year maintenance period, the applicant must
replace them to the satisfaction of the Development Authority or forfeit the portion of the amount fixed equal
to the cost of replacing the affected replacement trees and/or shrubs; and
c. The irrevocable letter of credit will be released when the replacement trees and/or shrubs have been
completed to the satisfaction of the Development Authority or upon expiration of the two (2) year
maintenance period, whichever occurs later.
9.21 SEA CANS
9.21.1 No sea cans may be located within the Summer Village of Birchcliff unless:
a. Approved by the Development Authority as a temporary use during construction; or
b. Approved as part of a Development Permit for the construction or placement of a Single Detached Dwelling.
9.22 SIGHT LINES AT INTERSECTIONS OF ROADWAYS
9.22.1 Sight triangle calculations shall be at the discretionary of the Development Authority, and in accordance with all
applicable municipal standards of practice.
9.23 SUBDIVISION AND SUBDIVISION DESIGN STANDARDS
9.23.1 No further subdivision shall be allowed within the CC1 and CC2 Districts unless guided by an approved Area Structure
Plan adopted by Council.
9.23.2 The subdivision authority shall, as a condition of subdivision approval, require an environmental reserve (or a
combination of environmental reserve and environmental reserve easement) of not less than 30.0 m (98.4 ft.) in width
from the high water mark of Sylvan Lake and/or the top of bank of watercourses to the lot line. A greater setback may
be required by the subdivision authority based on the recommendations of a geotechnical study undertaken by a
qualified professional.
9.24 SUITES, GUEST HOUSE
9.24.1 A maximum of one (1) guest house suite is allowed on a lot. This may include a stand alone guest house suite or a
garage suite.
9.24.2 A guest house suite (including a garage suite) shall not be allowed on an undeveloped lot.
9.24.3 In situations where a detached dwelling is being rented out and there is a guest house on the lot, the guest house shall
not be rented out to a separate party other than those renting the single detached dwelling.
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9.24.4 A site plan showing the location of the guest house suite on the lot, provisions for off-street parking and access to the
guest house shall be provided by the applicant.
9.24.5 As a condition of the development permit, the guest house suite shall be connected to the municipal wastewater
disposal system. The applicant shall be required to demonstrate that the system has sufficient capacity for additional
use and meets the requirements of the Wastewater Commission and the Summer Village.
9.24.6 Other requirements for suites shall be as per the table below:
GUEST HOUSE SUITES
MAXIMUM HEIGHT
(and shall not exceed the height of the principal building)
8.8 m (29.0 ft.)
MINIMUM FLOOR AREA
30.0 m2 (323.0 ft.²)
MAXIMUM FLOOR AREA
(and shall not exceed the floor area of the principal building)
83.6 m2 (900.0 ft.²)
MINIMUM # OF ADDITIONAL ON-SITE PARKING SPACES REQUIRED
1
9.24.7 Notwithstanding 9.24.6, the maximum floor area for a guest house shall not:
a. exceed more than 40% of the floor area of the principal building; or
b. enable a scenario whereby the total development on a lot exceeds the maximum site coverage regulations in
the applicable Land Use District.
9.25 SUITES, SECONDARY
9.25.1 The maximum square footage of a secondary suite shall not exceed more than fifty percent (50%) of the total floor
area of the principal dwelling.
9.25.2 A maximum of one suite (secondary suite, garage suite, or garden suite) may be developed on a lot.
9.25.3 As a condition of development permit approval, an application for a secondary suite on a lot shall provide evidence
that all Safety Code and National Building Code (Alberta Edition) requirements are met with the proposed suite.
9.26 TOURIST HOMES
9.26.1 The development of tourist homes in the Summer Village shall be prohibited.
9.26.2 Notwithstanding 9.26.1, the rental of a dwelling in the R1, R2, or R3 lots in the Summer Village for a period greater than
30 days shall not be considered a tourist home.
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10. LAND USE DISTRICTS
10.1 ESTABLISHMENT OF LAND USE DISTRICTS
10.1.1 For the purpose of this Land Use Bylaw, the municipality is divided into the following districts:
Land Use District Name
Symbol
Lakeshore Residential
R1
Backlot Residential
R2
Country Residential
R3
Church Camp
CC1
Church Camp Cottage
CC2
Environmental Open Space
EOS
10.1.2 The boundaries of the districts listed in Section 10.1.1 above are as delineated on the Land Use District Map. All
roads, water courses and the lake are excluded from the districts.
10.1.3 Where the location of district boundaries on the Land Use District Map in Section 17 is not clearly understood, the
following rules shall apply;
a. A boundary shown as approximately following a lot boundary shall be deemed to follow the lot boundary;
b. A boundary which does not follow a lot boundary shall be located by measurement of the Land Use District
Map; and
c. A boundary location which cannot be satisfactorily resolved shall be referred to Council for an official
interpretation.
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11. R1 - LAKESHORE RESIDENTIAL DISTRICT
11.1 PURPOSE
11.1.1 To provide an area for low density residential development in the form of single detached dwellings and compatible
uses on lots near and adjacent to Sylvan Lake that complements and protects the existing character of the Summer
Village and the environmental health of the lakeshore.
11.2 PERMITTED USES
11.2.1 Driveways
11.2.2 Dwellings, single detached
11.2.3 Home occupations, minor
11.2.4 Natural environment preservation areas
11.2.5 Public utilities
11.2.6 Accessory buildings where the total floor area is
72.0 m2 (796.5 ft²) or less
11.3 DISCRETIONARY USES
11.3.1 Home occupations, major
11.3.2 Mechanized excavation, stripping and grading
11.3.3 Parks and playgrounds
11.3.4 Private pools and hot tubs
11.3.5 Signs
11.3.6 Suites, garage
11.3.7 Suites, guest house
11.3.8 Suites, secondary
11.3.9 Trails
11.3.10 Walkways
11.3.11 Accessory buildings where the total floor area is
over 72.0 m² (796.5 ft²)
11.3.12 Buildings and uses that are similar to the above
listed permitted and discretionary uses
11.4 SUBDIVISION REGULATIONS
11.4.1 Lots shall have:
a. A width of not less than 30.5 m (100.0 ft.); and
b. An area of not less than 1,860 m² (20,021 ft²).
11.4.2 Notwithstanding 11.4.1, lots not complying with the foregoing and legally created prior to promulgation of Alberta
Regulation 132/78 (April 1978) are not subject to foregoing but shall have an area not less than 710.0 m² (7,642.4 ft.2).
11.5 DEVELOPMENT REGULATIONS
11.5.1 Minimum Front and Rear
Yard
7.5 m (24.6 ft.) to the single detached dwelling to the front lot boundary or the top of
the escarpment or high water mark, as determined by the Development Authority,
whichever is closest to the dwelling unit; and
6.0 m (19.7 ft.) to a garage attached to, and structurally part of, the main building.
11.5.2 Minimum Side Yard
1.5 m (4.9 ft.) or 10% percent of the lot width, whichever is greater, to a maximum of
3.0 m (9.8 ft.), or as required by the National Building Code (Alberta Edition).
11.5.3 Maximum Site Coverage
50%. The other 50% shall be landscaped with native grasses, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority.
11.5.4 Maximum Building Height
10.0 m (32.8 ft.) measured from grade.
11.5.5 Minimum Floor Area, One
Storey Dwellings
92.9 m² (1,000 ft²)
11.5.6 Minimum Floor Area, Two
Storey Dwellings
130.0 m² (1,400 ft²)
11.6 PARKING REGULATIONS
11.6.1 Each developed lot shall have a minimum of two (2) parking stalls.
11.6.2 For all other uses, parking stalls may be required at the Development Authority's sole discretion.
11.6.3 All parking stalls shall have a dimension of not less than 2.7 m (9.2 ft.) by 5.5 m (18.0 ft.).
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11.7 OTHER REGULATIONS
11.7.1 No building may be erected or development commenced on lots which are not proposed to be served by a water or
sewerage system until arrangements have been made for collection, storage, if any, and disposal of sewage to the
satisfaction of the Development Authority.
11.7.2 The development Authority shall either refuse to issue a Development Permit for any building, structure, or works,
unless arrangements under 11.7.1 above have been completed, or issue a Development Permit subject to the
conditions that arrangements under 11.7.1 above shall be completed prior to the commencement of the
development.
11.7.3 The Development Authority may require that a caveat be registered against the title respecting a deferred serving
agreement notifying the owner(s) of the development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the development to said system(s) when
such services become available. These connection costs may include offsite as well as onsite costs.
11.7.4 Utility rights-of-way and/or easement agreements may also be required as a condition of development approval to
allow for connection to a municipal or regional water and/or wastewater system.
11.7.5 Electrical power from the property line of any lot to any building situated on the lot shall be constructed underground.
11.7.6 All uses must comply with the regulations in Section 9: Land Use Regulations.
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12. R2 - BACKLOT RESIDENTIAL DISTRICT
12.1 PURPOSE
12.1.1 To provide an area for very low density residential development, north and adjacent to Birchcliff Road, in the form of
single detached dwellings and compatible uses.
12.2 PERMITTED USES
12.2.1 Driveways
12.2.2 Dwellings, single detached
12.2.3 Home occupations, minor
12.2.4 Natural environment preservation areas
12.2.5 Private pools
12.2.6 Public utilities
12.2.7 Accessory buildings that are accessory to
permitted uses where the total floor area is 72.0
m2 (796.5 ft²) or less
12.2.8 Buildings and uses that are similar to the above
listed permitted and discretionary uses
12.3 DISCRETIONARY USES
12.3.1 Home occupations, major
12.3.2 Mechanized excavation, stripping and grading
12.3.3 Parks and playgrounds
12.3.4 Signs
12.3.5 Suites, garage
12.3.6 Suites, guest house
12.3.7 Suites, secondary
12.3.8 Trails
12.3.9 Walkways
12.3.10 Buildings accessory to discretionary uses where
the total floor area is over 72.0 m² (796.5 ft²)
12.4 SUBDIVISION REGULATIONS
12.4.1 Lots shall have:
a. A width of not less than 45.7 m (150.0 ft.).
b. A minimum area of 6,070 m² (1.5 acres).
c. A maximum area of 10,927 m2 (2.7 acres).
12.5 DEVELOPMENT REGULATIONS
12.5.1 Minimum Front and Rear
Yard
15.2 m (50.0 ft.) to the habitable dwelling unit from the front lot boundary; and
15.2 m (50.0 ft.) to the habitable dwelling unit from the rear lot boundary; and
12.5.2 Minimum Side Yard
7.6 m (25.0 ft.) to the habitable dwelling unit from the side lot boundary, except
where the side yard adjoins a road right-of-way, then the minimum side yard shall be
10.7 m (35.0 ft.).
12.5.3 Maximum Site Coverage
30%. The other 70% shall be landscaped with native grass, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority.
12.5.4 Maximum Building Height
10.0 m (32.8 ft.) measured from grade.
12.5.5 Minimum Floor Area, One
Storey Dwellings
111.5 m² (1,200 ft²)
12.5.6 Minimum Floor Area, Two
Storey Dwellings
148.6 m2 (1,600 ft2)
12.6 PARKING REGULATIONS
12.6.1 Single detached dwellings shall have at least two (2) parking stalls per dwelling unit.
12.6.2 For all other uses, parking stalls may be required at the Development Authority's sole discretion.
12.6.3 All parking stalls shall have a dimension of not less than 2.7 m (9.2 ft.) by 5.5 m (18.0 ft.).
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12.7 OTHER REGULATIONS
12.7.1 No building may be erected or development commenced on lots which are not proposed to be served by a water or
sewerage system until arrangements have been made for collection, storage, if any, and disposal of sewage to the
satisfaction of the Development Authority.
12.7.2 The development Authority shall either refuse to issue a Development Permit for any building, structure, or works,
unless arrangements under 12.7.1 above have been completed, or issue a Development Permit subject to the
conditions that arrangements under 12.7.1 above shall be completed prior to the commencement of the
development.
12.7.3 The Development Authority may require that a caveat be registered against the title respecting a deferred serving
agreement notifying the owner(s) of the development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the development to said system(s) when
such services become available. These connection costs may include offsite as well as onsite costs.
12.7.4 Utility rights-of-way and/or easement agreements may also be required as a condition of development approval to
allow for connection to a municipal or regional water and/or wastewater system.
12.7.5 Electrical power from the property line of any lot to any building situated on the lot shall be constructed underground.
12.7.6 All uses must comply with the regulations in Section 9: Land Use Regulations.
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13. R3 - COUNTRY RESIDENTIAL DISTRICT
13.1 PURPOSE
13.1.1 To provide an area for the development of single detached dwellings and compatible uses on larger lots.
13.2 PERMITTED USES
13.2.1 Driveways
13.2.2 Dwellings, single detached
13.2.3 Home occupations, minor
13.2.4 Natural environment preservation areas
13.2.5 Private pools
13.2.6 Public utilities
13.2.7 Accessory buildings that are accessory to
permitted uses where the total floor area is 72.0
m2 (796.5 ft²) or less
13.2.8 Buildings and uses that are similar to the above
listed permitted and discretionary uses
13.3 DISCRETIONARY USES
13.3.1 Home occupations, major
13.3.2 Mechanized excavation, stripping and grading
13.3.3 Parks and playgrounds
13.3.4 Signs
13.3.5 Suites, garage
13.3.6 Suites, guest house
13.3.7 Suites, secondary
13.3.8 Trails
13.3.9 Walkways
13.3.10 Buildings accessory to discretionary uses where
the total floor area is over 72.0 m² (796.5 ft²)
13.4 SUBDIVISION REGULATIONS
13.4.1 Lots shall have:
a. A minimum area of 1.2 ha (3.0 acres).
b. A maximum area of 2.4 ha (6.0 acres).
13.5 DEVELOPMENT REGULATIONS
13.5.1 Unless otherwise provided in the development agreement registered by the Summer Village of Birchcliff by caveat on
the title to any lot, the regulations of this section shall apply to all lots in the R3 - Country Residential District.
13.5.2 Minimum Front Yard
15.2 m (50.0 ft.)
13.5.3 Minimum Rear Yard
15.2 m (50.0 ft.)
13.5.4 Minimum Side Yard
7.6 m (25.0 ft.) to the habitable dwelling unit from the side lot boundary, except
where the side yard adjoins a road right-of-way, then the minimum side yard shall be
10.7 m (35.0 ft.).
Where the side yard adjoin a road right-of-way, then the minimum side yard shall be
10.7 m (35.0 ft.).
13.5.5 Maximum Site Coverage
25%. The other 75% shall be landscaped with native grasses, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority.
13.5.6 Maximum Building Height
10.0 m (32.8 ft.) measured from grade.
13.5.7 Minimum Floor Area, One
Storey Dwellings
111.5 m² (1,200 ft²)
13.5.8 Minimum Floor Area, Two
Storey Dwellings
148.6 m2 (1,600 ft2)
13.6 PARKING REGULATIONS
13.6.1 Single detached dwellings shall have at least two (2) parking stalls per dwelling unit.
13.6.2 For all other uses, parking stalls may be required at the Development Authority's sole discretion.
13.6.3 All parking stalls shall have a dimension of not less than 2.7 m (9.2 ft.) by 5.5 m (18.0 ft.).
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13.7 OTHER REGULATIONS
13.7.1 No building may be erected or development commenced on lots which are not proposed to be served by a water or
sewerage system until arrangements have been made for collection, storage, if any, and disposal of sewage to the
satisfaction of the Development Authority.
13.7.2 The development Authority shall either refuse to issue a Development Permit for any building, structure, or works,
unless arrangements under 11.7.2 above have been completed, or issue a Development Permit subject to the
conditions that arrangements under 11.7.2 above shall be completed prior to the commencement of the
development.
13.7.3 The Development Authority may require that a caveat be registered against the title respecting a deferred serving
agreement notifying the owner(s) of the development of the requirement to contribute to the cost of a municipal or
regional water and/or wastewater system and, at their sole cost, connect the development to said system(s) when
such services become available. These connection costs may include offsite as well as onsite costs.
13.7.4 Utility rights-of-way and/or easement agreements may also be required as a condition of development approval to
allow for connection to a municipal or regional water and/or wastewater system.
13.7.5 Electrical power from the property line of any lot to any building situate on the lot shall be constructed underground.
13.7.6 All uses must comply with the regulations in Section 9: Land Use Regulations.
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14. CC1 - CHURCH CAMP DISTRICT
14.1 PURPOSE
14.1.1 To provide an area for recreational and institutional uses for the members of the Alberta and the Northwest Territories
District of the Pentecostal Assemblies of Canada and other non-profit organizations for non-commercial purposes.
14.2 PERMITTED USES
14.2.1 Natural environment preservation areas
14.2.2 Public utilities
14.3 DISCRETIONARY USES
14.3.1 Accessory buildings and uses that are accessory
to permitted and discretionary uses
14.3.2 Assembly buildings
14.3.3 Dwellings, single detached (to a maximum of two
within the CC1 - Church Camp District)
14.3.4 Dormitory buildings
14.3.5 Parks and playgrounds
14.3.6 Park model trailers (to a maximum of 35 units
within the CC1 - Church Camp District)
14.3.7 Recreation, indoor
14.3.8 Recreational Vehicles (to a maximum of 57 stalls
within the CC1 - Church Camp District)
14.3.9 Signs
14.3.10 Outdoor boat storage
14.3.11 Any use that is similar, in the opinion of the
Development Authority, to the permitted or
discretionary uses described above.
14.4 SUBDIVISION REGULATIONS
14.4.1 No further subdivision within the CC1 - Church Camp District shall be permitted.
14.5 DEVELOPMENT REGULATIONS
14.5.1 Minimum Front Side, and
Rear Yard (Buildings)
8.0 m (26.2 ft.)
14.5.2 Minimum Front Side, and
Rear Yard (Recreational
Vehicles)
3.0 m (9.8 ft.)
14.5.3 Maximum Site Coverage
50%. shall be landscaped with native grasses, trees, shrubs, or ornamental
plantings, satisfactory to the Development Authority.
14.5.4 Maximum Floor Area
(Accessory Buildings)
4.4 m2 (48.0 ft.2)
14.5.5 Maximum Building Height
(Single Detached Dwelling)
5.5 m (18.0 ft.) measured from grade.
14.5.6 Maximum Building Height
(Accessory Buildings)
2.5 m (8.2 ft.) measured from grade
14.5.7 Maximum Building Height
(Recreation, Indoor)
12.5 m (41.0 ft.) measures from grade
14.5.8 Maximum Building Height
(All other Uses)
At the discretion of the Development Authority
8 m (26.25 ft.) measured from grade.
14.5.9 Maximum Dimensions, Park
Model Trailers
Height: 4.0 m (13.1 ft.) measures from floor
Width: 3.7 m (12.0 ft.)
Length: 13.0 m (42.6 ft.)
14.6 SITE DEVELOPMENT
14.6.1 All development proposals shall be accompanied by a Site Development Plan which shall show:
a. the existing and proposed uses;
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b. the relationship between and the architectural treatment of all buildings;
c. the provision and treatment of open space; and
d. the location and number of parking stalls provided and other circulation corridors.
14.6.2 The information to be provided by the proponent in Section 14.6.1 shall be to the satisfaction of the Municipal
Planning Commission, must have regard for the carrying capacity for the land, and generally must conform to the
following:
a. Natural treed area to be retained to the fullest and represent a minimum of 50%.
b. Total building areas (based on occupant load), recreational vehicle stall area, and parking areas not to exceed
20%.
c. Hard landscaped areas and soft landscaped areas not to exceed 30%.
d. No more than 35 park model trailers are allowed in the 35 stall recreational vehicle area known as the
Western RV Park.
e. A maximum of 35 park model trailers may be developed within the CC1 District.
f.
The wheels of park model trailers in this District must remain on the unit at all times to facilitate the removal
of the unit.
g. Additions to park model trailers (i.e. park model trailer slide outs, Arizona rooms, screened in porches, metal
deck covers or basements) shall be prohibited.
14.6.3 Decks may be constructed on one side of a recreational vehicle to a maximum of the length of the recreational
vehicle.
14.6.4 Any projection on the yards described in 14.6.3 are only allowed as unenclosed decks and shall not exceed 2.4 m (8.0
ft.) in width.
14.6.5 All sheds shall be placed immediately adjacent to, or be incorporated in the deck and/or recreational vehicle (trailer).
14.7 BUILDING DESIGN
14.7.1 The architecture of new buildings is to be a "rustic theme" in keeping with the established character of the
development.
14.8 SERVICING REQUIREMENTS
14.8.1 No building may be erected or development commenced on lots which are not proposed to be serviced by piped
water or sewage system until the owner provides documentation ensuring that the development will conform to The
Safety Codes Act and the National Building Code (Alberta Edition).
14.8.2 The Development Authority shall either:
a. Refuse to issue a Development Permit for any building, structure or works; or
b. Issue a Development Permit subject to the conditions that arrangements 14.8.1 above shall be completed
prior to the commencement of the development.
14.8.3 Electrical power from the property line of any lot to any building situate on the lot shall be constructed underground.
14.9 LANDSCAPING REQURIEMENTS
14.9.1 Details of an entrance landscaping feature and landscaped areas provided within parking areas that result in creating
more than 25 stalls must be provided in conjunction with a Site Development Plan to the satisfaction of the
Development Authority.
14.9.2 The Church Camp shall be screened from adjacent uses by a treed buffer area to a depth of 6.0 m (19.7 ft.) at the
perimeter of the site.
14.9.3 Tree removal on the site shall be restricted to areas immediately adjacent to new buildings and that form part of the
circulation patterns, including, but not limited to the following:
a. Loading and parking areas, pedestrian sidewalks, decks and balconies;
b. Soft landscaping and open space that enhance the siting of the building.
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14.10 PARKING REQUIREMENTS
14.10.1 Parking shall attain the following minimum level of stall provision:
a. Assembly buildings: 1 stall per 4 seats; and
b. Dormitory buildings: 1 stall per 2 persons being accommodated.
14.10.2 The Development Authority may adjust the above provision for parking to allow for shared parking stalls, if it can be
demonstrated that different uses generate demand for the stalls at different times.
14.10.3 Overflow parking provided for the CC2 - Church Camp Cottage District may be provided to a maximum of 97 stalls.
14.10.4 The six accesses from Birchcliff Road to the CC1 District shall be reduced as per details contained in the "Church
Growth Plan" when the new proposed northern entrance is constructed. All driveways shall be constructed to the
satisfaction of the Development Authority.
14.11 OTHER REGULATIONS
14.11.1 All uses must comply with the regulations in Section 9: Land Use Regulations.
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15. CC2 - CHURCH CAMP COTTAGE DISTRICT
15.1 PURPOSE
15.1.1 To provide an area for residential accommodation for the members of the Alberta and the Northwest Territories
District of the Pentecostal Assemblies of Canada and their affiliates for vacation and retreat purposes only and not to
be occupied by a permanent resident.
15.2 PERMITTED USES
15.2.1 Accessory buildings
15.2.2 Church camp cottages, to a maximum of 97 within
the CC2 District
15.2.3 Driveways
15.2.4 Public and quasi-public uses
15.2.5 Public utilities
15.3 DISCRETIONARY USES
15.3.1 Natural environment preservation areas
15.3.2 Parking facilities
15.3.3 Parks and playgrounds
15.3.4 Signs
15.3.5 Trails
15.3.6 Any use that is similar, in the opinion of the
Development Authority, to the permitted or
discretionary uses described above.
15.4 SITE PLAN ILLUSTRATING AREAS 1 TO 34
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15.5 DEVELOPMENT REGULATIONS
15.5.1 Maximum Floor Area (Main
Floor)
56.0 m2 (602.8 ft.2)
15.5.2 Maximum Floor Area
(Second Floor)
56.0 m2 (602.8 ft.2)
15.5.3 Maximum Floor Area
(Basement/Crawl Space)
56.0 m2 (602.8 ft.2)
15.5.4 Maximum Building Height
5.8 m (19.2 ft.) for the overall building height, measured from the highest natural
point of elevation on the building perimeter to the top of the highest ridge of the roof.
15.6 SITE DEVELOPMENT
15.6.1 All Development Permit applications must include a surveyor's sketch showing all buildings/cottages that are in the
affected area(s) that are part of the map showing areas 1-34, that identify the site of the proposed new cottage and/or
addition, as well as provide the Development Authority with the following:
a. The location of the existing cottage and/or structures to be demolished if applicable; and
b. The proposed cottage development, showing all dimensions, area of floor area(s), including overhangs, decks
and exterior stairs, and the dimensioned distances to all existing structures within a 10.0 m (32.8 ft.) radius;
and
c. The location of the water well for the proposed development as well as the location of all existing water wells
for the existing cottages identified within a 10.0 m (32.8 ft.) radius; and
d. Confirmation that the proposed development meets the following yard requirements:
i.
Minimum 1.5 m (4.9 ft.) for one (1) yard only; and
ii. Minimum 3.0 m (9.8 ft.) for two (2) yards; and
iii. Minimum 5.0 m (16.4 ft.) for the remaining yard;
and/or where applicable:
iv. 7.5 m (24.61 ft.) from the top of the escarpment or high water mark; and
v. 3.0 m (9.84 ft.) from Birchcliff Road; and
that all yards are to be provided by each cottage, and shall not overlap any yard of an adjacent cottage; and
e. The location and provision for a minimum of 45 m2 (484.4 ft2) of amenity space, to be provided in one (1) of
the above yards and consisting of soft landscaping materials only; and
f.
The location and provision for one (1) parking stall per cottage located in the CC2 District; and
g. An agreement signed by all adjacent cottage owners within a 10 m (32.80 ft.) radius, stating their agreement
to the proposed development, survey, and the yards established by it; and
h. All new sheds shall be no larger than 4.46 m2 (48.0 ft2) and shall be incorporated into the overall cottage
design. The shed shall include only an exterior passage door as no accessory building are permitted in this
district;
i.
Any projection on the yards described above, including unenclosed decks, balconies, and steps over or on
Yards shall not exceed one half the minimum yard requirement; and
j.
Decks and balconies can be covered if the same roofing material is used as the main roof, but cannot be
enclosed with any material including screens, windows, and lattice; and
k. Decks may be constructed on a maximum of two (2) sides of the cottage, provided the minimum amenity
space has been provided; and
l.
Fences, gates, freestanding walls, and other means of enclosure are not permitted in this district.
15.7 CHURCH CAMP COTTAGE DESIGN REQUIREMENTS
15.7.1 All church camp cottages shall be erected upon a permanent, concrete foundation wall or grade beam which
completely encloses the area under the cottage, and which is supported by footings or piers extending below the frost
line.
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15.8 SERVICING REQUIREMENTS:
15.8.1 No building may be erected or development commenced on lots which are not proposed to be serviced by piped
water or sewage system until the owner provides documentation ensuring that the development will conform to The
Safety Codes Act and the National Building Code (Alberta Edition).
15.8.2 The Development Authority shall either:
a. Refuse to issue a Development Permit for any building, structure or works; or
b. Issue a Development Permit subject to the conditions that arrangements 14.8.1 above shall be completed
prior to the commencement of the development.
15.8.3 Electrical power from the property line of any lot to any building situate on the lot shall be constructed underground.
15.9 PARKING REQUIRMENTS
15.9.1 Parking shall attain the following minimum level of stall provision:
a. Church camp cottages: 1 stall per church camp cottage
15.9.2 The Development Authority may adjust the above provision for parking to allow for shared parking stalls, if it can be
demonstrated that different uses generate demand for the stalls at different times.
15.9.3 Overflow parking provided for the CC2 - Church Camp Cottage District may be provided within the CC1 - Church
Camp District to a maximum of 97 stalls.
15.10 OTHER REGULATIONS
15.10.1 All uses must comply with the regulations in Section 9: Land Use Regulations.
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16. EOS - ENVIRONMENTAL OPEN SPACE DISTRICT
16.1 PURPOSE
16.1.1 To provide an area for the preservation of municipal land in its natural state.
16.2 PERMITTED USES
16.2.1 Natural environment preservation areas
16.2.2 Parks and playgrounds
16.3 DISCRETIONARY USES
16.3.1 Mechanized excavation, stripping, and drainage
16.3.2 Signs (public)
16.3.3 Trails
16.3.4 Public and quasi-public uses
16.3.5 Public utilities
16.3.6 Walkways
16.3.7 Buildings and uses that are accessory to
Discretionary uses
16.3.8 Any use that is similar, in the opinion of the
Development Authority, to the permitted or
discretionary uses described above.
16.4 DEVELOPMENT REGULATIONS
16.4.1 As required by the Development Authority.
16.5 PARKING REGULATIONS
16.5.1 Parking stalls may be required at the Development Authority's sole discretion.
16.5.2 All parking stalls shall have a dimension of not less than 2.8 m (9.0 ft.) by 5.5 m (18.0 ft.).
16.6 OTHER REGULATIONS
16.6.1 All uses must comply with the regulations in Section 9: Land Use Regulations.
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17. LAND USE DISTRICT MAP