Summer Village of Jarvis Bay Land Use Bylaw No. 125/13 (as amended by Bylaw #183/22)
Jarvis Bay, Alberta
· No. 125/13
· adopted 2013-06-11
· summary & facts
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SUMMER VILLAGE OF
JARVIS BAY
LAND USE BYLAW NO. 125/13
June 2013
Amended by Bylaw #145/16
June 2016
Amended by Bylaw #155/18
August 2018
Amended by Bylaw #163/19
March 2019
Amended by Bylaw #183/22
September 2022
Prepared by:
Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
SUMMER VILLAGE OF JARVIS BAY
LAND USE BYLAW NO. 125/13
TABLE OF CONTENTS
PART ONE: GENERAL ......................................................................................................................... 1
1.1
Short Title ....................................................................................................................... 1
1.2
Purpose ................................................................................................................................ 1
1.3
Definitions ....................................................................................................................... 1
1.4
Establishment of the Development Officer ................................................................... 13
1.5
Municipal Planning Commission (MPC or Commission) .............................................. 13
1.6
Establishment of Forms ................................................................................................ 14
1.7
Establishment of Fees .................................................................................................. 14
1.8
Establishment of Supplementary Regulations .............................................................. 14
1.9
Establishment of Land Use District Regulations ........................................................... 14
1.10
Establishment of Districts ............................................................................................. 15
1.11
Amendment of the Land Use Bylaw ............................................................................. 15
1.12
Sections Found Invalid ................................................................................................. 19
1.13
Repeal .......................................................................................................................... 20
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION & APPEAL ................................. 21
2.1
Purpose of Development Permits ................................................................................. 21
2.2
Development Not Requiring a Development Permit ..................................................... 21
2.3
Permission for Development ........................................................................................ 23
2.4
Variances ...................................................................................................................... 29
2.5
Development Permits and Notices ............................................................................... 30
2.6
Appealing a Decision .................................................................................................... 31
2.7
The Appeal Process ..................................................................................................... 31
2.8
Cancellation .................................................................................................................. 32
2.9
Compliance with other Legislation ................................................................................ 32
2.10
Contravention and Enforcement ................................................................................... 33
2.11
Offences and Penalties ................................................................................................ 35
PART THREE: SUPPLEMENTARY REGULATIONS ................................................................... 36
1. Buildings ............................................................................................................................. 36
1(1)
Accessory Buildings ................................................................................................... 36
1(2)
Building Orientation and Design ................................................................................. 37
1(3)
Relocation of Buildings ............................................................................................... 38
1(4)
Number of Buildings on a Parcel ................................................................................ 39
1(5)
Building Demolition ..................................................................................................... 39
1(6)
Guest Houses ............................................................................................................. 39
2. Yards .................................................................................................................................. 40
2(1)
Yard Illustrations ......................................................................................................... 40
2(2)
Projections Over Yards ............................................................................................... 41
2(3)
Objects Prohibited or Restricted in Yards ................................................................... 41
3. Vehicles .............................................................................................................................. 42
3(1)
Driveways ................................................................................................................... 42
3(2)
Detached Garages ..................................................................................................... 43
3(3)
Sight Lines at Intersections of Roadways ................................................................... 43
4. Miscellaneous ..................................................................................................................... 44
4(1)
Home Occupations ..................................................................................................... 44
4(2)
Private Pools and Decorative Ponds .......................................................................... 44
4(3)
Fencing ....................................................................................................................... 45
4(4)
Mechanized Excavation, Stripping and Grading of Parcels ........................................ 46
4(5)
Landscaping, Environmental Conservation and Development ................................... 46
Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
4(6)
Subdivision Design Standards .................................................................................... 47
4(7)
Public Property Regulations ....................................................................................... 47
4(8)
Tourist Homes ............................................................................................................. 48
5. Guidelines for Other Land Uses ......................................................................................... 49
PART FOUR: LAND USE DISTRICT REGULATIONS ................................................................. 50
RESIDENTIAL DISTRICT (R) ..................................................................................................... 50
RESIDENTIAL A DISTRICT (R-A) .............................................................................................. 53
TWIN ROSE RESIDENTIAL DISTRICT (RTR)........................................................................... 55
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS) ................................................................ 58
URBAN RESERVE DISTRICT (UR) ........................................................................................... 59
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
BYLAW NO. 125/13
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF
LAND AND BUILDINGS IN THE SUMMER VILLAGE OF JARVIS BAY
WHEREAS the Municipal Government Act, and amendments thereto, authorize the
Council of a municipality to enact a Land Use Bylaw to prohibit or regulate and control
the use and development of land and buildings within the municipality.
NOW THEREFORE the Council of the Summer Village of Jarvis Bay in the Province of
Alberta, enacts as follows:
PART ONE: GENERAL
1.1
Short Title
This Bylaw may be cited as "The Summer Village of Jarvis Bay Land Use Bylaw".
1.2
Purpose
The purpose of this bylaw is to, amongst other things,
(1)
Divide the municipality into districts;
(2)
Regulate and control or to prohibit the use and development of land and
buildings in each district;
(3)
Establish the office of the Development Officer;
(4)
Establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
(5)
Provide the manner in which notice of the issuance of a Development
Permit is to be given; and
(6)
Protect the shoreline and water quality of Sylvan Lake.
1.3
Definitions
In this Land Use Bylaw,
"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 parcel of land, and includes, in the residential districts, such things as storage
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
sheds, garages, and a guest house. Accessory buildings are not intended
for commercial purposes and do not include sea cans;
"accessory use(s)" means a use customarily incidental and subordinate to the main
use and is located on the same parcel of land with such main use;
"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;
"basement" means a habitable portion of a building which is partly
underground, but which has more than fifty (50) percent of the distance,
between the floor level and the underside of the ceiling joists, above adjacent
ground elevation;
"breezeway(s)" means a roofed open passage connecting two or more buildings;
"boathouse(s)" means an accessory building designed and used primarily
for the storage of boats;
"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;
"building demolition" means the pulling down, tearing down, razing, or removal of a
building;
"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;
"building line" means a line, other than a parcel line used to regulate the location of
a building or structure in relationship to the abutting street(s);
"carriageway" means that portion of the road right-of-way available for
vehicular movement. Included are travelling lanes, medians, parking and
other auxiliary lanes. Not included are ditches, sidewalks and other
pedestrian areas;
"caveat" means a formal notice expressing an interest in a parcel registered
at Land Titles Office against the title to that parcel;
"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;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
"commission" means the Municipal Planning Commission;
"corner parcel" means a parcel abutting two (2) or more streets, other than a lane,
at their intersection or abutting two parts of the same street forming an interior angle
of less than one hundred and thirty-five (135) degrees;
"Council" means the Council of the Summer Village of Jarvis Bay;
"decorative pond" means a man-made enclosed body of water for
ornamental purposes, which may include vegetation and fish;
"detached dwelling(s)" means a residential building containing one (1)
dwelling unit and everything physically attached to said dwelling unit (e.g.
breezeways and attached garages), which is physically separate from any
other residential building, and does not include a manufactured dwelling
unit;
"development" means:
(a)
An excavation or stockpile and the creation of either of them; or
(b)
A building or an addition to, or replacement or repair of a building
and the construction or placing in, on, over or 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;
"Development Authority" means the person or persons appointed as the
Development Authority pursuant to this Land Use Bylaw;
"Development Officer" means the person(s) appointed to the office established by
this bylaw;
"Development Permit" means a document authorizing a development issued
pursuant to this Land Use Bylaw;
"discretionary use" means a use which may be compatible with other uses in the
district, for which a Development Permit may be issued upon an application having
been made;
"district(s)" means a land use district;
"drainage ditch" means a long narrow trench or furrow dug in the ground to
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
accommodate over-land drainage;
"driveway" means a vehicle access route between the carriageway of a public road
and a use on parcel;
"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 and separate toilet facilities intended as a residence not
separated from direct access to the outside by another separate or self-contained set
or suite of rooms;
"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;
"finished ground elevation" means the elevation of the finished ground at any
point adjoining each exterior wall of a building or structure;
"flankage yard" means the side yard which abuts a street on a corner parcel;
"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;
"freestanding sign" means a sign that is supported independently of a building
wall or structure but does not include a portable sign;
"front parcel boundary" means, in the case of an interior parcel not abutting
Sylvan Lake, the boundary which abuts a street and in the case of a corner parcel
not abutting Sylvan Lake, the shorter of the two (2) boundaries which abut a street;
"front yard" means
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel
abutting the lake, other than Lots 9-10, Block 1, Plan 5104 E.O., a
yard extending across the full width of a parcel measured
perpendicularly from the boundary of the parcel abutting the lake or
the reserve parcel to the front wall of the main building, situated
on the parcel; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve
parcel abutting the lake, a yard extending across the full width of
a parcel measured perpendicularly from the front parcel
boundary to the front wall of the main building situated on the
parcel;
"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:
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(a)
If the applicant can show by reference to reliable surveys that the pre-
development elevation of the subject parcel varies by no more than
1 m in 30 lineal metres, the Development Authority may determine
grade by calculating the average of the highest and lowest elevation
on the parcel; or
(b)
The Development Authority may determine grade by calculating the
average of the pre-development elevations at the corners of the
parcel as shown on a reliable survey; or
(c)
The Development Authority may determine grade by calculating
the average elevation of the corners of the main buildings on all
properties abutting the subject parcel;
"guest house" means an accessory building containing sleeping facilities for
temporary usage only and may have a bathroom, but shall not have a kitchen or
other cooking facilities. A guest house provides overflow accommodation for a
detached dwelling located on the same parcel, is not available for rent by a third
party, and does not include recreational vehicles and sea cans;
"hard landscaped area" means the use of non-vegetative material, such as but not
limited to monolithic concrete or asphalt;
"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. No cannabis retail sales or cannabis production and distribution
operations shall be permitted as a home occupation. Amended by Bylaw #163/19.
"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;
"Land Use Bylaw" means Bylaw No. 125/13, and amendments thereto;
"land use district" means an area as described in Part Four and shown in
Schedule A: Land Use District Map of this Land Use Bylaw;
"lane" means a public thoroughfare which provides a secondary means of access to
a parcel or parcels and which is registered in a Land Titles Office;
"main building" means a building in which is conducted the main or principal use
of the parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured dwelling unit(s)" means a factory constructed dwelling unit,
relocatable singly or in multiple modules;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
"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;
"municipality" means the Summer Village of Jarvis Bay;
"Municipal Government Act or MGA" means the Municipal Government Act,
Chapter M-26.1, Statutes of Alberta 1994, and amendments thereto;
"Municipal Planning Commission or MPC" means a commission established by
the Municipal Planning Commission Bylaw No. 120-12, as amended;
"native" means plants that are indigenous to a given area in geologic time. This
includes plants that have developed, occur naturally, or existed for many years in an
area (trees, flowers, grasses, and other plants); Amended by Bylaw #155/18.
"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;
"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;
"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;
"outdoor storage and display" means the storage or display of equipment, goods
or materials in the open air;
"parcel" means the aggregate of the one (1) or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a Land Titles Office;
"parcel coverage" means the total percentage of the parcel area covered by
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
buildings or structures, including but not limited to the main building and any
additions to it (e.g. covered decks), hard-surfaced parking facilities, driveways,
outdoor storage and display areas, hard landscaped areas and all other
impervious surfaces but does not include steps, eaves, or similar projections
permitted in this Land Use Bylaw;
"parcel, interior" means a parcel abutting only one (1) street other than a lane;
"parcel width" means the greater of either the width of the site at the building line
or the front parcel boundary;
"parking facility" means a structure or an area providing for the parking of motor
vehicles;
"park model recreational vehicles" means a recreational vehicle that conforms to
CAN/CSA-Z241 Series-92 and is used for seasonal or recreational accommodation
only;
"parks and playgrounds" means areas of public land known for their natural
scenery and/or preservation for public recreation either active or passive;
"permitted use" means a use which is compatible with other uses in the district
and for which a Development Permit shall be issued provided it otherwise
conforms with this Land Use Bylaw;
"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;
"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;
"projection" means part of a building or its accessory structures which projects
beyond the main walls into the yards;
"public and quasi-public use" 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;
"public utility or utilities" means a public utility as defined in the Municipal
Government Act;
"rear yard" means:
(a)
In the case of parcels abutting Sylvan Lake or a reserve parcel
abutting the lake, other than Lots 9-10, Block 1, Plan 5104 E.0., a
yard extending across the full width of a parcel measured
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
perpendicularly from the rear wall of the main building situated on
the parcel to the boundary abutting the street; or
(b)
In the case of parcels not abutting Sylvan Lake or a reserve
parcel abutting the lake, a yard extending across the full width of
a parcel measured perpendicularly from the rear wall of the main
building situated on the parcel to the rear property boundary of
the parcel (see sketch in Part Three: Supplementary
Regulations);
"recreation facilities" means a public building and grounds for community
entertainment, relaxation, social activity and other leisure needs;
"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 cottage models, mobile homes, manufactured dwelling
units or stick built units;
"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 in paragraph (i), the
person
registered under the Land Titles Act as the owner of the fee
simple estate in the land;
"removal of trees and/or shrubs" means the removal of trees and/or shrubs, or
the destruction thereof;
"reserve(s)" means a parcel of land 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 or
Municipal Reserve lots;
"road(s) or roadway(s)" means land:
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(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;
"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;
"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;
"setback" means a distance additional to minimum yard requirements which may
be required on parcels adjacent to the public roads;
"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
m (3.28 ft.) in height above the average elevation of the carriageway, in order that
vehicle operators may see approaching vehicles in time to avoid collision;
"side yard(s)" means a yard extending from the front yard to the rear yard
between the side boundary of the parcel and the wall of main building thereon
(see sketch in Part Three: Supplementary Regulations);
"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;
"soft landscaping" means the use of vegetative materials as part of a
landscaped area;
"street(s)" means any category of road except a lane;
"structural alterations" means altering the main building components which
support a building;
"Subdivision and Development Appeal Board" means the board established
pursuant to the Municipal Government Act;
"temporary building" means a building without any foundation below grade that is
intended to be on the parcel for a short-term basis and includes a soft-sided or other
structure designed to serve as a temporary garage, storage shelter or greenhouse,
but does not include an accessory building, or a guest house;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
"tourist home" means a discretionary use wherein a dwelling unit is offered for rent
to guests for less than thirty (30) days.
"trail" means an area used for hiking, cross-country skiing or other forms of non-
motorized recreational travel;
"use" means a building or an area of land and the function and activities therein or
thereon;
"utility building" means the building in which the proprietor of a utility:
(1)
Maintains its office(s); and/or
(2)
Maintains or houses equipment used in connection with the
utility and which is not a public utility right-of-way;
"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; and
"yard(s)" means an open space on the same parcel as a building and which is
unoccupied and unobstructed from the ground upward except as otherwise provided
herein.
All other words and expressions have the meaning respectively assigned to them in
the Municipal Government Act.
1.4
Establishment of the Development Officer
(1)
Council shall appoint one (1) or more Development Officer(s) who
shall be designated officers within the meaning of the Municipal
Government
Act;
(2)
The Municipal Planning Commission may act in place of a
Development Officer;
(3)
The Development Officer shall perform such duties that are
specified in this Land Use Bylaw, including among other things:
(a)
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
(b)
Keeping a register of all applications for development,
including the decisions thereon and the reasons therefore.
1.5
Municipal Planning Commission (MPC or Commission)
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(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. 120-12;
(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.
1.6
Establishment of Forms
(1)
For the purpose of administering the provisions of this Land Use
Bylaw, the Council shall, by resolution, authorize the preparation and
the use of such forms and notices as it may deem necessary.
(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
Establishment of Fees
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 Jarvis Bay Fees Bylaw. Council may amend the bylaw to increase,
decrease or establish new fees by an amendment bylaw.
1.8
Establishment of Supplementary Regulations
Supplementary Regulations as set forth in Part Three hereto, are hereby
adopted by reference to be part of this Land Use Bylaw, and to be amended
in the same manner as any other part of this Land Use Bylaw.
1.9
Establishment of Land Use District Regulations
District regulations as set forth in Part Four hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same
manner as any other part of this Land Use Bylaw.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
1.10
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the municipality is divided
into the following districts:
Residential (R)
Residential A (R-A)
Twin Rose Residential (RTR)
Environmental Open Space (EOS)
Urban Reserve (UR)
(2)
The boundaries of the districts listed in subsection (1) are as
delineated on Schedule A: Land Use District Map. All roads, water
courses and the lake are excluded from the districts.
(3)
Where the location of district boundaries on Schedule A: Land
Use District Map is not clearly understood, the following rules
shall apply;
(a)
A boundary shown as approximately following a parcel
boundary shall be deemed to follow the parcel boundary;
(b)
A boundary which does not follow a parcel boundary shall
be located by measurement of Schedule A: Land Use
District Map; and
(c)
A boundary location which cannot be satisfactorily resolved
shall be referred to Council for an official interpretation.
1.11
Amendment of the Land Use Bylaw
(1)
Council on its own initiative may give first reading to a bylaw to
amend this Land Use Bylaw.
(2)
A person may make application to the Development Officer for
amendment to this Land Use Bylaw. The application shall
include:
(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 district, the legal
description of the lands, or a plan showing the location and
dimensions of the lands;
(d)
The applicant's interest in the lands; and
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(e)
An application fee to be established by resolution of Council.
(3)
If the amendment is for the redesignation of land, the
Development Officer may require:
(a)
An outline plan for the area to be redesignated, to the level
of detail specified by the Development Officer; and
(b)
Payment of a fee equal to the costs incurred by the
municipality to review the proposed redesignation and/or
related outline plan, or if necessary to prepare an outline plan.
(4)
Upon receipt of an application to amend this Land Use Bylaw, the
Development Officer shall analyze the potential impacts of
development 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 statutory plans or
outline plans in preparation;
(c)
Relationship to and compliance with the Sylvan
Lake Management Plan: 2000 Update;
(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 public 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
(j)
Relationship to the documented concerns and opinions of
area residents regarding development implications.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(5)
Upon receipt of an application for amendment to this Land Use
Bylaw, the Development Officer shall determine when the
application will be placed before the Council and shall issue not
less than five (5) days notice to the applicant advising that he or
she may appear before the Council at that time, and speak to the
application. An application for amendment shall be placed before
the Council within sixty (60) days of its receipt by the
Development Officer.
(6)
Council, in considering an application for an amendment to this
Land Use Bylaw, 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 conditions or 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, with or without conditions.
(7)
Following first reading of an amending bylaw, the Council shall
(a)
Establish the date, time and place for a public hearing on
the proposed bylaw;
(b)
If a bylaw to establish procedures for public hearings has
not been passed:
(i)
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
(ii)
Outline the procedure for conducting the public hearing.
(8)
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 area to
which the proposed bylaw relates.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(9)
A notice of a public hearing must be advertised at least five (5)
days before the public hearing occurs.
(10)
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.
(11)
In the case of an amendment to change the district designation
of a parcel of land, the Development Officer must, in addition to
the requirements of subsection (8),
(a)
Include in the notice:
(i)
The municipal address, if any, and the legal address of
the parcel of land, and
(ii)
A map showing the location of the parcel of land,
(b)
Give written notice containing the information described in
clause (a) and subsection (10) to the owner of that parcel of
land at the name and address shown on the certificate of title
(or the municipal assessment roll); and
(c)
Give written notice containing the information described in
clause (a) and subsection (10) to each owner of adjacent land
at the name and address shown for each owner on the
assessment roll of the municipality.
(12)
If the land referred to in subsection (11)(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 assessment roll of that municipality.
(13)
Notwithstanding subsection (7), 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.
(14)
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
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
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.
(15)
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.
(16)
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.
(17)
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 Planner; and
(d)
The adjacent municipality, if it received a copy of the
proposed Bylaw pursuant to subsection (12).
(18)
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 three (3) 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.
1.12 Sections Found Invalid
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
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
remain in full force and effect.
1.13
Repeal
Land Use Bylaw 24/88 and all amendments thereto are hereby repealed.
READ A FIRST TIME the 10th day of April, 2013
READ A SECOND TIME the 11th day of June, 2013
READ AND THIRD TIME and finally passed this 11th day of June, 2013
_
_
_
Mayor
Administrator
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
PART TWO: DEVELOPMENT PERMITS, CONTRAVENTION &
APPEAL
2.1
Purpose of Development Permits
Development Permits are required to ensure that all development is achieved in
an orderly manner.
2.2
Development Not Requiring a Development Permit
All development undertaken in the municipality requires an approved
Development Permit prior to commencement, except:
(1)
The carrying out of works of improvement, maintenance, repairs or
renovation to any, but not limited to, building, deck, driveway provided
that such works do not include structural alterations, additions, or
drainage alterations and that the works comply with the regulations of this
Land Use Bylaw; Amended by Bylaw #145/16.
(2)
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;
(3)
The use of any such development as is referred to in subsection (2) for the
purpose for which development was commenced;
(4)
The erection or construction of gates, fences, walls or other means of
enclosures less than 1 m (3.28 ft.) in height in front yards and less than 2 m
(6.56 ft.) in other yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure;
(5)
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;
(6)
The installation, maintenance and repair of public utilities;
(a)
For the maintenance of private sewer systems that can be
undertaken without excavation of all or part of the system.
(7)
Any development carried out by or on behalf of the Crown;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(8)
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;
(9)
Any accessory building with a floor area of 11.15 m² (120 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 Section 1.1 in Part Three: Supplementary Regulations of this
Land Use Bylaw.
(a)
Parcels are limited to three (3) accessory buildings. Amended by
Bylaw #155/18.
(10)
Development specified in Section 618 (1) and (4) of the Municipal
Government Act, which includes:
(a)
A highway or road;
(b)
A well or battery within the meaning of the Oil and Gas
Conservation Act;
(c)
A pipeline or an installation or structure incidental to the operation of
a pipeline; or
(d)
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;
(11)
The erection of one (1) unilluminated sign of the following nature and size for
each use within a building or on a parcel, provided such signs do not
resemble or conflict with traffic signs;
(a)
A facia sign or a freestanding sign for the purpose of
identification, direction and warning not exceeding 0.2 m² (2.15
ft²);
(b)
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 (3.23 ft2);
(c)
A facia sign or a freestanding sign relating to a religious,
educational, cultural, recreational or similar institution not
exceeding 1 m2 (10.76 ft2);
(d)
A portable sign or notice, relating to the sale or lease of land or
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
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 m² (10.76 ft²) and limited in display to the period of completion of
the sale, lease, construction or event; and
(e)
A flag attached to a single upright flag-pole;
2.3
Permission for Development
(1)
An application for a Development Permit shall be made to the
Development Officer in writing on the form prescribed by Council and
shall be accompanied by:
(a)
A scaled site plan in duplicate showing proposed landscaped areas
if required, the legal description, the front yard, rear yard, and side
yards, if any; any provision for off-street loading and vehicle parking
and access and egress points to the parcel;
(b)
Confirmation from the Energy Resources Conservation Board
(ERCB) identifying the presence or absence of abandoned wells;
(c)
All scaled floor plans (including basements), elevations (including a
basement), sections, storm water disposal plans and existing and
proposed grade elevations, sewage treatment and water supply
details, in duplicate;
(d)
A surveyor's certificate specifying the location of any buildings on the
parcel or, in the case of undeveloped parcels, indicating the posting
of the parcel boundaries;
(e)
A statement of existing and proposed uses;
(f)
A statement of registered ownership of land and interest of the
applicant therein together with a copy of the Certificate of Title
indicating ownership and encumbrances;
(g)
The estimated commencement and completion dates;
(h)
The estimated cost of the project or contract price; and
(i)
Copies of all provincial and federal required documents relative to the
development. Amended by Bylaw #145/16.
(j)
Such other plans and information as the Development Authority
may consider necessary to properly evaluate the proposed
development.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(2)
At the sole discretion of the Development Officer, an application for
Development Permit may be required to be accompanied by:
(a)
A geotechnical report, assessment or investigation prepared by a
qualified geotechnical engineer for any proposed development,
redevelopment, clearing or grading, excavation or adding fill
within escarpment areas having ten (10) percent 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;
(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;
(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:
A.
Alleviate any adverse impacts;
B.
Monitor the performance of the environmental
measures; and
C.
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.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(3)
If the intended development will involve the removal of trees and/or
shrubs, the Development Permit application shall also include:
(a)
A plan showing the existing trees and/or shrubs and identification of
the trees and/or shrubs to be removed;
(b)
A statement on why the trees and/or shrubs are proposed to be
removed;
(c)
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; and
(d)
A statement may be required, at the discretion of the Development
Officer, from a qualified environmental specialist or another qualified
professional assessing the implications of tree and/or shrub removal
will have on Sylvan Lake water quality, habitat and slope stability if
applicable.
(4)
The Development Authority may refuse to accept an application for
Development Permit where the information required by subsection 2.3(1),
2.3(2) and/or 2.3(3) 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)
The Development Authority may deal with an application and make a
decision without all of the information required by subsection 2.3(1), 2.3(2)
and/or 2.3(3), if it is the opinion of the Development Authority that a
decision on the application can be properly made without such information.
(6)
Each application for a Development Permit shall be accompanied by a non-
returnable processing fee, the amount of which shall be determined from time
to time by resolution of Council.
(7)
The Development Officer shall:
(a)
Receive all applications for a Development Permit;
(b)
Refer all applications for development which would result in
permanent overnight accommodation, including Dwellings, or Public
Facilities to the Energy Resources Conservation Board (ERCB), if any
of the land which is the subject of the application is within 1.50 km
(0.93 miles) of a sour gas facility and the proposed development is
not, in the opinion of the Development Authority, an infill
development;
(c)
Refer any application to an adjacent municipality or any other
agency or person which in his opinion may provide relevant
comments or advice respecting the application;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(d)
Consider and decide on applications for Development Permit
which meet the standards of this Land Use Bylaw for permitted
uses; and
(e)
Refer with his/her recommendations, to the Municipal Planning
Commission for its consideration and decision on all other
applications for a Development Permit.
(8)
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 Municipal Government Act, Subdivision and Development
Regulations, approved statutory plans, and the Sylvan Lake
Management Plan: 2000 Update; or
(b)
Subject to the provisions of sections 2.4(2) and 2.4(3), the
Development Officer shall refuse an application for a
Development Permit if the proposed development does not
conform in every respect to this Land Use Bylaw.
(c)
If an application for a Development Permit for a permitted use
does not conform to the requirements of this Land Use Bylaw, the
Municipal Government Act and Subdivision and Development
Regulations, approved statutory plans, and the Sylvan Lake
Management Plan: 2000 Update, the Development Officer:
(i)
May refuse the application giving reasons for the refusal; or
(ii)
May approve the application subject to conditions to ensure
that the application conforms to the requirements of the Land
Use Bylaw, the Municipal Government Act and the
Subdivision and Development Regulation, approved statutory
plans, and the Sylvan Lake Management Plan: 2000 Update;
or
(iii)
May approve the application pursuant to section 640(6) of the
Municipal Government Act.
(9)
For a discretionary use in any district:
(a)
The Municipal Planning Commission may approve an application
for a Development Permit with or without conditions, based on the
merits of the proposed development including its relationship to any
approved statutory plan or approved policy affecting the site,
(i)
With or without conditions;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(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)
Subject to the provisions of section 2.4(2), 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.
(10)
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 parcel, 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 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 give security to ensure that the terms of the agreement
under this section are carried out;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(c)
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;
(d)
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
(e)
Shall be financially responsible during construction for any damage
caused by the applicant, his/her servants, employees, suppliers,
agents or contractors to any public or private property.
(11)
Prior to imposing any condition upon the issue of a Development Permit
pursuant to section (9), 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.
(12)
In the case where an application for a Development Permit has been
refused pursuant to this Part or ultimately after appeal, the submission of
another application for a permit on the same parcel and for the same or
similar use of land by the same or any other applicant may not be accepted
by the Development Authority for at least six (6) months after the date of
the final decision unless in the opinion of the Development Authority the
reasons for refusal have been adequately addressed or the circumstances of
the application have changed significantly.
(13)
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.
(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.
Amended by Bylaw #155/18.
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2.4
Variances
(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.
(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 parcels of land,
And
(b)
The proposed development conforms with the use prescribed for
that land or building in this bylaw.
(3)
In approving an application for development pursuant to subsections (2)(a)
and (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,
parcel shapes or site characteristics which create difficulties in siting
structures within the required setback or in meeting the usual bylaw
requirements;
(i)
Except as otherwise provided in this bylaw, there shall be no
variance from the following:
A.
Parcel coverage; and
B.
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.
Amended by Bylaw #155/18.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
2.5
Development Permits and Notices
(1)
A Development Permit issued pursuant to this Part does not come into
effect until twenty-one (21) days after the date on which notice of issuance of
the permit is given under subsection 4(a) or (b). Any development proceeded
with the applicant prior to the expiry of this period is done solely at the risk of
the applicant.
(2)
The date of issue of any permit shall be the date of notification pursuant to
subsection (4).
(3)
Where an appeal is made pursuant to Section 2.6 of this Part, a
Development Permit which has been issued shall not come into effect until
the appeal has been determined and the permit may be modified or nullified
thereby.
(4)
On the same date a Development Permit is issued, the Development
Authority shall publicize a notice of the issuance of the permit in the form
described as follows:
(a)
For permitted and discretionary uses:
(i)
Mail a notice of the decision to all persons whose use,
enjoyment or value of property may, in the opinion of the
Development Authority, be affected; and
(ii)
Post a notice of the decision on the Summer Village's website.
(iii)
Applicant to post development permit site card on the
property, for the duration of the development.
(5)
If the development authorized by a permit is not commenced within twelve
(12) months from the date of its issue, or the date of decision of the
Subdivision and Development Appeal Board upon appeal, nor carried out
with reasonable diligence as determined by the Development Authority, the
permit ceases to be effective, unless an extension to this period, being no
longer than an additional twelve (12) months, has previously been granted by
the Development Authority.
(6)
The exterior of any building shall be completed within twelve (12) months and
the landscaping of the parcel shall be completed within two (2) years of the
date of issue of the permit.
(7)
A decision of the Development Authority on an application for a
Development Permit shall be given in writing and a copy of it sent or
hand delivered to the applicant.
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(8)
When the Development Authority refuses an application for a
Development Permit, the decision shall contain reasons for the refusal.
Amended by Bylaw #155/18.
2.6
Appealing a Decision
(1)
The applicant for a Development Permit may appeal to the Subdivision
and Development Appeal Board if the Development Authority:
(a)
Refuses or fails to make a decision on a Development Permit
within forty (40) days of receipt of a completed application or within
any extension granted by the applicant under Section 684 of the
Municipal Government Act; or
(b)
Issues a Development Permit subject to conditions.
(2)
In addition to the applicant, any person affected by a Development
Permit or the decision on it, may appeal to the Subdivision and
Development Appeal Board.
(3)
Notwithstanding sections 2.6 (1) and (2), no appeal lies in respect of the
issuance of a Development Permit for a permitted use unless the
provisions of this bylaw are relaxed, varied or misinterpreted.
(4)
An appeal by an applicant must be commenced within twenty-one (21) days
of the notification of the decision or when the forty (40) day period or any
time extension expires. An appeal by any other affected person must be
made within twenty-one (21) days of the notice of the issuance of the permit
was given. Amended by Bylaw #155/18.
2.7
The Appeal Process
(1)
The Subdivision and Development Appeal Board must hold an appeal
hearing within thirty (30) day after receipt of a notice of appeal.
(2)
The Subdivision and Development Appeal Board must give at least five
(5) day's notice in writing of the hearing:
(a)
To the appellant,
(b)
To the Development Authority whose order, decision or
Development Permit is the subject of the appeal, and
(c)
To those owners required to be notified under the Land Use
Bylaw and any other person that the Subdivision and
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
Development Appeal Board considers to be affected by the
appeal and should be notified.
(3)
In subsection (2)(c), "owners" means the person(s) shown as the owner of
land on the certificate of title or the assessment roll of the municipality.
(4)
The Subdivision and Development Appeal Board must make available for
public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal including:
(a)
The application for the Development Permit, the decision and the
notice of appeal, or
(b)
An order issued pursuant to section 645 of the Municipal
Government Act.
(5)
The Subdivision and Development Appeal Board shall hold a hearing,
consider, and make and issue a decision on an appeal pursuant to the
provisions of Sections 686 and 687 of the Municipal Government Act.
(6)
The decision of the Subdivision and Development Appeal Board is
binding except on a question of jurisdiction or law, in which case the
appellant may appeal to the Court of Appeal pursuant to the provisions of
Section 688 of the Municipal Government Act.
2.8
Cancellation
The Development Authority may cancel a Development Permit if
(1)
The permit was issued in error; or
(2)
The permit was issued on the basis of incorrect information.
2.9
Compliance with other Legislation
(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.
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2.10
Contravention and Enforcement
(1)
The provisions of this bylaw may be enforced by way of stop order,
injunction or such other relief as may be available under the Municipal
Government Act, including the following:
(a)
Where the Development Officer finds that a development or use of
land or building is not in accordance with Part 17 of the Municipal
Government Act, this Land Use Bylaw, the Subdivision and
Development Regulation, a Development Permit or subdivision
approval, the Development Officer may, by notice in writing, order
the registered owner, the person in possession of the land or
buildings or the person responsible for the contravention or all or any
of them to:
(i)
Stop the development or use of the land or building in
whole or in part as directed by the notice, or
(ii)
Demolish, remove or replace the development, or
(iii)
Carry out any other actions required by the notice so that the
development or use of the land or building complies with
Part 17 of the Municipal Government Act, the Subdivision
and Development Regulation, this Land Use Bylaw, a
Development Permit or subdivision approval,
within the time set out in the notice.
(b)
Any person who receives an order under subsection (1) may
appeal to the Subdivision and Development Appeal Board
pursuant to this Land Use Bylaw.
(c)
The municipality may register a caveat under the Land Titles Act in
respect of an order referred to in subsection (1) against the certificate
of title for the land that is the subject of the order. A caveat registered
under this subsection must be discharged once the order has been
complied with.
(d)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government Act
within the time specified, the municipality may seek a court order
from the Court of Queen's Bench for any or all of the following:
(i)
A declaration that the person who received an order is in
breach of the Land Use Bylaw, an order issued under the
Land Use Bylaw and/or the Subdivision and Development
Appeal Board's decision relating to an appeal of an order,
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(ii)
An injunction ordering the person who received an order
referred to in subsection (1) to comply with the Land Use
Bylaw within a certain period of time,
(iii)
An order providing that, if compliance has not been achieved
within the period stated in the court order, that the
municipality or persons appointed by it has the right to enter
upon the land and building and take steps necessary to
achieve compliance with the Land Use Bylaw,
(iv)
An order that legal costs and the costs to achieve compliance
incurred by the municipality can be added to the
assessment roll for the land that is the subject of the court
order,
(v)
A provision that the court order may be registered against the
certificate of title for the land that is the subject of the court
order and discharged only on full compliance with the court
order.
(e)
Where a person fails or refuses to comply with an order directed to
him/her under subsection (1) or an order of the Subdivision and
Development Appeal Board under the Municipal Government
Act within the time specified, the Council or persons appointed by it
may, in accordance with the Municipal Government Act, enter
upon the land or building and take such action as is necessary to
carry out the order.
(f)
Where the Council or persons appointed by it carries out an order,
the Council shall cause the costs and expenses incurred in carrying
out the order to be placed on the assessment roll of the property that
is subject of the order.
(2)
The Development Officer may inspect premises in accordance with the
provisions of the Municipal Government Act where there are reasonable
grounds to believe that the premises are being used in contravention of this
bylaw. Without limiting the generality of the foregoing, such reasonable
grounds would include:
(a)
Complaints from the public that the premises are being used
contrary to the bylaw; and
(b)
The observations of the Development Officer that there is excessive
traffic, parking problems, accumulated debris in a yard or other
apparent breach of this bylaw.
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2.11
Offences and Penalties
(1)
A person who contravenes or does not comply with a provision of Division 5
of Part 13, or Part 17 of the Municipal Government Act, or this Land Use
Bylaw, or who obstructs or hinders any person in the exercise or
performance of their powers under Part 17 or regulations under Part 17 of the
Municipal Government Act, is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) is liable
upon summary conviction to a fine of not less than $250 and not more than
$10,000 or to imprisonment for not more than one (1) year, or to both fine
and imprisonment.
(3)
Development Permit applications submitted after site preparation or
construction has commenced may be subject to the increased fee provisions
described in the fee schedule adopted by Council resolution in accordance
with this Land Use Bylaw.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
PART THREE: SUPPLEMENTARY REGULATIONS
1.
Buildings
1(1)
Accessory Buildings
(a)
Subject to the provisions of subsections (b) and (c) of this Section,
accessory buildings shall be sited having regard to their:
(i)
Environmental impact;
(ii)
Use;
(iii)
Accessibility; and
(iv)
Location in relation to other buildings on the parcel and the
future use and/or subdivision of the parcel.
(b)
An accessory building on a parcel abutting Sylvan Lake or a reserve
parcel abutting the lake, other than Lots 9-10, Block 1, Plan 5104 E.0.
shall be situated so that:
(i)
It is located within the minimum rear yard of any parcel;
(ii)
It is not closer to the front parcel boundary and the top of any
escarpment area or high water mark, as determined by the
Development Authority, than the front wall of the main building
or 15 m (49.21 ft) whichever is the least; and
(iii)
On an interior parcel, a minimum of:
A.
1 m (3.28 ft) from any side parcel boundary;
B.
6 m (19.68 ft) from the rear parcel boundary; and
(iv)
On a corner parcel, a minimum of:
A.
3 m (9.84 ft) from any side boundary abutting a street, or a
reserve parcel;
B.
1 m (3.28 ft) from the other side boundary; and
C.
6 m (19.68 ft) from the rear parcel boundary.
(v)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the front or side boundary
common to two (2) parcels provided the accessory building
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
serves the two (2) abutting parcels.
(c)
An accessory building on a parcel not abutting Sylvan Lake or a
reserve parcel not abutting the lake shall be situated so that:
(i)
On an interior parcel, a minimum of:
A.
1 m (3.28 ft) from the side parcel boundary;
B.
3 m (9.84 ft) from the rear parcel boundary;
C.
6 m (19.69 ft) from the front parcel boundary, and
(ii)
On a corner parcel, a minimum of:
A.
3 m (9.84 ft) from the side boundary abutting the street;
B.
1 m (3.24 ft) from the other side parcel boundary;
C.
6 m (19.69 ft) from the front parcel boundary, and
D.
3 m (9.84 ft) from the rear parcel boundary.
(iii)
Notwithstanding the above, an accessory building or any portion
thereof may be erected or placed on the rear or side boundary
common to two (2) parcels provided the accessory building serves
the two (2) abutting parcels
(d)
Notwithstanding section 1(6)(b), an accessory building shall not be
more than 5 m (16.40 ft) in building height measured from grade.
(e)
An accessory building erected or placed on a parcel shall not be used
as a dwelling unit.
(f)
The exterior of an accessory building must be finished to match or
compliment the exterior finish of the main building.
(g)
An accessory building's footprint shall be no larger than 8% of the
parcels total area. Amended by Bylaw #163/19
1(2)
Building Orientation and Design
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.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(b)
The character of existing development in the district.
(c)
Impact of proposed development on adjacent parcels.
(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) parcel may not be
directed onto or over an adjacent Parcel without approval of the
Development Authority.
1(3)
Relocation of Buildings
(a)
No Person shall:
(i)
Alter the location on a parcel of a building which has already been
constructed on that parcel; or
(ii)
Place on a parcel a building which is to be relocated or moved
from a different parcel or location;
unless a Development Permit has been issued by the Development
Authority.
(b)
In addition to the requirements of section 2.3(1), the Development
Authority may require an application for a Development Permit to be
accompanied with:
(i)
Recent colour photographs showing all elevations of the building;
(ii)
A statement verifying the age, size and structural condition of the
building; and
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(iii)
A statement of proposed improvements to the building.
(c)
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.
(d)
Where a Development Permit has been granted for the relocation of a
building either on the same parcel 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.
(e)
All structural and exterior renovations shall be completed within one (1)
year of the issuance of a Development Permit.
1(4)
Number of Buildings on a Parcel
A Development Permit shall not be issued for more than:
(a)
One (1) main building on an unsubdivided parcel; and
(b)
Three (3) accessory buildings on an unsubdivided parcel.
Amended by Bylaw #155/18.
1(5)
Building Demolition
An application to demolish a building shall not be approved without a statement or
plan which indicates:
(a)
How the operation will be carried out so as to create a minimum of dust or
other nuisances, and
(b)
The final reclamation of the parcel
which is satisfactory to the Development Authority.
1(6)
Guest Houses
(a)
A maximum of one (1) guest house is allowed on a parcel; and
(b)
An accessory building with a guest house above a garage shall not
exceed 7.62 m (25 ft) in building height measured from grade.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(c)
In situations where a detached dwelling is being rented out and there is a
guest house on the parcel, the guest house shall not to be rented out to a
separate party other than those renting the detached dwelling.
2.
Yards
2(1)
Yard Illustrations
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake
other than Lots 9-10, Block 1, Plan 5104 E.0.:
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake:
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
2(2)
Projections Over Yards
(a)
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:
(i)
Side Yards:
Any projection, including unenclosed steps or eaves, not
exceeding one-half of the minimum side yard required for the
building;
(ii)
Front Yard and Rear Yard:
A.
Any projection not exceeding 2.50 m (8.20 ft) over or on a
minimum front yard or rear yard,
B.
Unenclosed decks, if they do not project more than fifty
(50) percent of the minimum yard;
(b)
No portion of a building other than eaves, signs or canopies may project
into a public or private right-of-way.
Amended by Bylaw #163/19
2(3)
Objects Prohibited or Restricted in Yards
(a)
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 parcel in the residential districts, unless it is suitably housed or
screened to the satisfaction of the Development Authority.
(b)
A recreational vehicle parked on a parcel with a dwelling unit in the
residential districts may be used for living and sleeping accommodation
only by:
(i)
Bona fide tourists for a maximum period of thirty (30) days per
annum; and
(ii)
The registered owner of the parcel, and his/her immediate family, for
one period of a maximum of sixty (60) consecutive days following the
issue of a Development Permit which necessitates temporary
accommodation on the parcel. The Development Authority may, at
their sole discretion, allow one (1) extension of this period, being no
longer than an additional sixty (60) days.
(c)
A recreational vehicle shall not be parked on a vacant parcel except to
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
provide temporary accommodation for the registered owner of the parcel,
and his/her immediate family, for
(i)
One period of a maximum of sixty (60) consecutive days following the
issue of a Development Permit for a dwelling unit on the parcel,
provided that provisions, satisfactory to the Development Authority,
have been made for the disposal of sewage. The Development
Authority may, at their sole discretion, allow one
(1) extension of this period, being no longer than an additional
sixty (60) days; and
(ii)
Such other periods, not in excess of three (3) consecutive days and
a total of seven (7) days per annum, as may be approved by the
Development Authority to assist in the preparation of a Development
Permit application for the parcel.
(d)
No person shall allow a vehicle of more than 2,730 kg (6,018.62 lbs) and/or
a length of 6.5 m (21.3 ft) Gross Vehicle Weight to be parked or stored in
residential districts, except boats, boat trailers, school buses and
recreational vehicles.
(e)
No person shall allow the parking or storage of a helicopter on a parcel.
3.
Vehicles
3(1)
Driveways
(a)
The maximum width of a driveway shall be 10 m (32.80 ft). Driveway
width shall be measured within the carriageway.
(b)
Driveways on corner parcels shall be setback from the street
intersection not less than 6 m (19.69 ft). Amended by Bylaw #163/19
(c)
In residential districts, the number of driveways shall be limited to not
more than one (1) driveway on a property with less than or equal to 40 m
(131.23 ft) and not more than two (2) driveways for properties with more
than 40 m (131.23 ft) of frontage. Amended by Bylaw #145/16.
(d)
Driveways shall be constructed in such a manner not to interfere with the
natural flow or absorption of water.
(e)
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.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
3(2)
Detached Garages
(a)
Parcels abutting Sylvan Lake or a reserve parcel abutting the lake other
than Lots 9-10, Block 1, Plan 5104EO:
(i)
In addition to the accessory building setbacks prescribed in
section 1.1(1), a detached garage shall be located a minimum of 6
m (19.69 ft) from the rear parcel boundary if the overhead doors of
the garage face a lane, street or rear property boundary.
(ii)
Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m (39.37
ft) in width; and
B.
Shall be located a minimum of 3.65 m (12 ft) from the rear
parcel boundary.
(b)
Parcels not abutting Sylvan Lake or a reserve parcel abutting the lake:
(i)
In addition to the accessory building setbacks prescribed in
1.1(1), a detached garage shall be located a minimum of 6 m
(19.69 ft) from the front parcel boundary if the overhead doors of
the garage face a lane, street or front parcel boundary.
(ii) Side entry detached garages:
A.
Will only be permitted on parcels greater than 12 m (39.37
ft) in width; and
B.
Shall be located a minimum of 3.65 m (12 ft) from the front
parcel boundary.
3(3)
Sight Lines at Intersections of Roadways
(a)
At the intersection of roadways, the Development Authority may
require the calculation of sight triangles where:
(i)
One or more rights-of-way is less than 15 m (49.21 ft), or
(ii)
Regulated vehicle speed exceeds 50 km/h, or
(iii)
One of the carriageways is not centered in its right-of-way, or
(iv)
An intersection leg is curved or skewed, or
(v)
An intersection leg is sloped at two (2) percent or greater.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(b)
Sight triangle calculations shall be in accordance with the recommended
methods of the Roads and Transportation Association of Canada regarding
crossing sight distances for roadways.
4.
Miscellaneous
4(1)
Home Occupations
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.
(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 2.2(11) 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.
4(2) Private Pools and Decorative Ponds
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake,
other than Lots 9-10, Block 1, Plan 5104 EO, a private pool or decorative
pond shall be located:
(i)
At least 1.50 m (4.92 ft) from the side and front parcel
boundaries;
(ii)
In a front yard or a side yard in an interior parcel; and
(iii)
On a corner parcel, located in a front yard or the side yard not
adjacent to a public roadway.
(iv)
A decorative pond may be located in a rear yard if:
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft) from the rear
and side property boundaries.
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake, a private pool or decorative pond shall be located:
(i) At least 1.50 m (4.92 ft) from the side and rear property lines;
(ii)
In a rear yard or a side yard in an interior parcel; and
(iii)
On a corner parcel, located in a rear yard or the side yard not
adjacent to a public roadway.
(iv)
A decorative pond may be located in a front yard if:
A.
The pond is 600 mm (23.62 inches) or less in depth; and
B.
The pond is located a minimum of 1.50 m (4.92 ft) from the
front and side property boundaries.
(c)
A private pool shall be enclosed by a secure lockable lid or fencing
equipped with gates that lock in accordance with the Alberta Building
Code in effect at the date of the application for Development Permit.
(d)
Draining private pools other than directly into the sewer line of your
home, is prohibited (in accordance with the Sanitary Sewage Bylaw
#69/97). 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. Amended by Bylaw #155/18.
4(3)
Fencing
Within the residential districts:
(a)
For parcels abutting Sylvan Lake or a reserve parcel abutting the lake,
fences:
(i)
Located within a rear yard or side yard of a parcel shall not
exceed 2 m (6.56 ft) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1 m
(3.28 ft) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft) in
height;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(b)
For parcels not abutting Sylvan Lake or a reserve parcel abutting the
lake, fences:
(i)
Located within a rear yard or side yard of a parcel shall not
exceed 2 m (6.56 ft) in height;
(ii)
Located within the front yard of a parcel shall not exceed 1 m
(3.28 ft) in height;
(iii)
Located within the flankage yard shall not exceed 1 m (3.28 ft) in
height;
(c)
Fence height shall be determined by measuring from the top of the fence to
the ground;
Within the Environmental Open Space and Urban Reserve Districts, a fence shall be
sited to the discretion of the Development Authority.
4(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in the
opinion of the Development Authority may be hazardous to the public.
(b)
Where finished ground elevations are established, all grading shall
comply therewith.
(c)
All parcels 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.
(d)
All topsoil shall be retained on the parcel, except where it must be
removed for building purposes.
(e)
Finished ground elevations must be provided to the Development
Authority for any dwelling unit containing a walkout basement.
(f)
Retaining walls greater than 1 m (3.28 ft) in height above any adjoining
grade requires a Development Permit.
4(5)
Landscaping, Environmental Conservation and Development
The following standard of landscaping shall be required for all areas of a parcel
not covered by buildings, driveways, storage and display areas:
(a)
The conservation of existing trees and shrubs to the maximum extent
possible;
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(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 fifteen (15) percent or
greater, and
(v)
land located below the top of the bank of the lake, or any water body
or water course.
(c)
The appropriate screening of outside storage areas, parking facilities
and loading areas from adjacent buildings and roads.
(d)
The planting of additional trees and shrubs to replace those removed upon
development of the parcel;
(e)
A sufficient depth of topsoil to facilitate growth in the soft landscaped areas,
with areas not planted to trees and shrubs being seeded to grass, sodded or
left with its natural grass cover; and
(f)
Completion of the landscaping within two (2)years of the date of issue of the
Development Permit.
4(6)
Subdivision Design Standards
(a)
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 m (98.43 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.
4(7)
Public Property Regulations
(a)
Parking or leaving a vehicle on public property shall be in accordance with
the Summer Village of Jarvis Bay's Traffic Bylaw No. 112-11, as amended.
(b)
The removal of trees and/or shrubs, excavation, grading or drainage
alteration on any municipal reserve, environmental reserve or other
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
municipal owned land, without expressed written approval from the
municipality, is prohibited.
(c)
Private development on any municipal reserve, environmental reserve or
other municipal owned land is prohibited.
(d)
The prohibition in subsection (c) does not apply to any uses listed in an
applicable district and subject to expressed written approval from the
municipality.
(e)
No person shall erect or cause to be erected any fence on any property
owned by the municipality without their expressed written approval.
4(8)
Tourist Homes
(a)
A development permit is required to operate a tourist home. Tourist Homes
will be issued for twelve (12) months. Registered owners cannot operate more
than one (1) tourist home in the Residential District (R), Residential A District
(R-A), and Twin Rose Residential District (RTR).
(b)
Tourist Homes shall be contained within the principal building and therefore
garage suites shall not be used.
(c)
Notwithstanding part three, section 2(3), no recreation vehicle shall be used
as accommodation for tourist home guests.
(d)
The maximum number of people staying overnight in a tourist home shall be
two (2) times the number of bedrooms plus two (2). Floor plan is to be
submitted at the time of application.
(e)
The operator of a tourist home shall provide the Summer Village Office with
their name and phone number(s) and of at least one person (adult) that is
authorized to act in the owner/operator's absence. The owner/operator is
responsible for informing the Summer Village Office of any changes in this
information. The operator shall provide adjacent landowners with this
information.
(f)
The tourist home shall always abide by the community standards bylaw
regardless of who is occupying the home. This includes (noise, nuisance, and
littering etc.). A summary of key bylaws will be provided by administration.
(g)
In residential districts tourist homes shall not display any sign advertising the
tourist home.
(h)
Adequate parking must be in place on the driveway, of a minimum of one stall per
bedroom. Parking plan to be approved at the time of application.
(i)
Approval of a development permit does not exempt the owner/operator of a
tourist home from complying with any federal, provincial, or other municipal
legislation.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
5.
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in Part Three: Supplementary
Regulations shall, in accordance with the following guidelines, be:
(1)
Separated from adjacent uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent uses;
(2)
At a density which is consistent with that prevailing in the area, unless otherwise
provided for in a statutory plan;
(3)
Setback from any parcel boundary abutting a road or a reserve a sufficient
distance to ensure that the development will not be visually intrusive, having
regard to any possible changes in surrounding uses;
(4)
Of a height which will be consistent with that prevailing in the area;
(5)
Developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent roads; and
(6)
Developed in conformance with any applicable statutory plan policies.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
PART FOUR: LAND USE DISTRICT REGULATIONS
RESIDENTIAL DISTRICT (R)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings and compatible uses, herein listed,
which are connected to the municipal sewer system.
Permitted Use:
Accessory Building where the total floor area is 72 m2 (796.54 ft2)
or less
Building Demolition
Deck/Stairs
Detached Dwelling
Driveway
Private Pool
Amended by Bylaws #145/16 & #163/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2 (796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling Unit
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Sign
Tourist Home
Walkway
Amended by Bylaws #145/16 & #163/19
Minimum Parcel Area:
(1)
Parcels shall have:
(a)
A width of not less than 30.50 m (100.07 ft); and
(b)
An area of not less than 930 m2 (10,010.44 ft2)
(2)
Parcels subdivided and registered with Land Titles Office prior to 1995 shall
maintain:
(a)
A width of not less than 30.50 m (100.07 ft); and
(b)
An area of not less than 1,860 m2 (20,020.87 ft2)
Site Development:
(1)
Unless otherwise provided in a development agreement registered by the
municipality by caveat on the title to any parcel the following provisions shall
apply:
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(a)
Minimum Front Yard and Rear Yard:
(i)
7.50 m (24.61 ft) to the habitable dwelling unit from the front
parcel 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
(ii)
6 m (19.69 ft) to a garage attached to, and structurally part of, the
main building.
(b)
Minimum Side Yard:
(i)
1.5 m (4.92 ft) or ten (10) percent of the parcel width, whichever
is greater, to a maximum of 3 m (9.84 ft); or
(ii)
As required by the Alberta Building Code, whichever is greater.
(c)
Maximum Parcel Coverage: Fifty (50) percent, other fifty (50) percent shall
remain as is or contain native grasses, trees, shrubs, or ornamental
plantings, satisfactory to the Development Authority. Amended by Bylaw
#155/18.
(d)
Maximum Building Height: 10 m (32.81 ft) measured from grade.
(e)
Minimum Floor Area:
100 m2 (1,076.39 ft2)
(f)
Parking Requirements:
(i)
Detached Dwellings shall have at least two (2) parking stalls per
dwelling unit;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft) by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
(2)
Electrical power from the property line of any parcel to any building situated on
the parcel shall be constructed underground.
(3)
No building may be erected or development commenced on parcels which
are not proposed to be connected to municipal sewerage system.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(4)
The Development Authority shall either refuse to issue a Development
Permit for any building, structure, or works, unless arrangements under (3)
above have been completed, or issue a Development Permit subject to the
conditions that arrangements under (3) above shall be completed prior to the
commencement of the development.
Amended by Bylaw #163/19
53
Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
RESIDENTIAL A DISTRICT (R-A)
General Purpose:
To provide an area for very low density residential development
in the form of detached dwellings and compatible uses, herein
listed, which are connected to the municipal sewer system.
Permitted Use:
Accessory Building where the total floor area is 72 m2 (796.54 ft2)
or less
Building Demolition
Deck/stairs
Detached Dwelling
Driveway
Private Pool
Amended by Bylaws #145/16 & #163/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2 (796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling Unit
Mechanized Excavation, Stripping and Grading
Parks and Playgrounds
Public and Quasi-Public Uses
Sign
Tourist Home
Utility Building
Walkway
Amended by Bylaws #145/16 & #163/19
Minimum Parcel Area:
(1)
Parcels shall have:
(a)
A width of not less than 30.50 m (100.07 ft); and
(b)
An area of not less than 3,000 m2 (32,291.73 ft2)
Site Development:
(1)
Notwithstanding a development agreement registered by the municipality by
caveat on the title to any parcel, the following provisions shall apply:
(a)
Minimum Front Yard:
15.24 m (50 ft)
Amended by Bylaw #163/19
(b)
Minimum Rear Yard:
15.24 m (50 ft)
Amended by Bylaw #163/19
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(c)
Minimum Side Yard:
5 m (16.4 ft) or as regulated by the Alberta
Building Code, whichever is greater
(d)
Maximum Parcel Coverage: Thirty-three (33) percent, other sixty-seven
(67) percent shall remain as is or contain native grasses, trees, shrubs, or
ornamental plantings, satisfactory to the Development Authority. Amended
by Bylaw #155/18.
(e)
Minimum Floor Area:
100 m2 ( 1,076.39 ft2)
(f)
(g)
Maximum building height:
Parking Requirements:
10 m (32.81 ft) measured from grade.
(i)
Detached dwellings shall have at least two (2) parking stalls per
dwelling unit;
(ii)
For all other uses, parking stalls may be required at the
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft) by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
(2)
Electrical power from the property line of any parcel to any building situated on
the parcel shall be constructed underground.
(3)
No building may be erected or development commenced on parcels which are
not proposed to be connected to municipal sewerage system.
(4)
The development Authority shall either refuse to issue a Development Permit
for any building, structure, or works, unless arrangements under (3) above have
been completed, or issue a Development Permit subject to the conditions that
arrangements under (3) above shall be completed prior to the commencement
of the development.
Amended by Bylaw #163/19
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
TWIN ROSE RESIDENTIAL DISTRICT (RTR)
General Purpose:
To provide an area for a comprehensively designed low
density residential development in the form of detached
dwellings and compatible uses, herein listed.
Permitted Uses:
Accessory Building where the total floor area is 72 m2 (796.54
ft2) or less
Building Demolition
Deck/Stairs
Detached Dwelling
Driveway
Private Pool
Amended by Bylaws #145/16 & #163/19
Discretionary Uses:
Accessory Building where the total floor area is over 72 m2 (796.54 ft2)
Accessory Use
Guest House
Home Occupation
Manufactured Dwelling Unit
Mechanized Excavation, Stripping and Grading
Parking Facilities for Uses in this District
Parks and Playground
Sign
Tourist Home
Walkway
Amended by Bylaws #145/16 & #163/19
Minimum Parcel Area:
(1)
Parcels located on the lake side shall have:
(a)
A width of not less than 19 m (62.34 ft); and
(b)
An area of not less than 930 m2 (10,010.44 ft2).
(2)
Parcels located on the highway side shall have:
(a)
A width of not less than 51.80 m (169.95 ft); and
(b)
An area of not less than 1,616 m2 (17,394.48 ft2).
Site Development:
(1)
Notwithstanding a development agreement registered by the municipality by
caveat on the title to any parcel, the following provisions shall apply:
(a)
Minimum Front Yard (road side):
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
(i)
7.50 m (24.61 ft) to the habitable dwelling unit from the front
parcel 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
(ii)
6 m (19.69 ft) to a garage attached to, and structurally part of the
main building.
(b)
Minimum Rear Yard (lake side):
(i)
No fences are permitted in the rear yard (lake side) within 15 m
(49.21 ft) of the rear property boundary;
(ii)
No accessory buildings are permitted in the rear yard (lake
side) within 15 m (49.21 ft) of the rear parcel boundary;
(iii)
No boathouses are permitted in rear yards; and
(iv)
No private docks shall be permitted.
(c)
Minimum Side Yard:
(i)
1.50 m (4.92 ft) or ten (10) percent of the parcel width, whichever
is greater to a maximum of 3 m (9.84 ft); or
(ii)
As required by the Alberta Building Code, whichever is greater.
(d)
Maximum Parcel Coverage: Fifty (50) percent, other fifty (50) percent shall
remain as is or contain native grasses, trees, shrubs, or ornamental
plantings, satisfactory to the Development Authority. Amended by Bylaw
#155/18.
(e)
Minimum Floor Area:
100 m2 (1,076.39 ft2)
(f)
Maximum Building Height: 10 m (32.81 ft) measured from grade.
(g)
Landscaping:
(i)
The removal of trees and/or shrubs on land dedicated as
environmental reserve easement is prohibited.
(h)
Parking Requirements:
(i)
Detached dwellings shall have at least two (2) parking stalls per
dwelling unit;
(ii)
For all other uses, parking stalls may be required at the
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
Development Authority's sole discretion; and
(iii)
All parking stalls shall have a dimension of not less than 2.75 m
(9.02 ft) by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
(2)
Electrical power from the property line of any parcel to any building situate on
the parcel shall be constructed underground.
(3)
No building may be erected or development commenced on parcels which are
not proposed to be connected to municipal sewerage system.
(4)
The development Authority shall either refuse to issue a Development Permit
for any building, structure, or works, unless arrangements under (3) above have
been completed, or issue a Development Permit subject to the conditions that
arrangements under (3) above shall be completed prior to the commencement
of the development. Amended by Bylaw #163/19
(5)
One Seasonal communal dock is permitted along the Environmental Open
Space, for the residents of Twin Rose Estates, as per the location indicated
below. Amended by Bylaw #163/19
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS)
General Purpose:
To provide an area for the preservation of municipal land in
its natural state.
Permitted Uses:
Natural Environment Preservation
Parks and Playgrounds
Discretionary Uses:
Accessory Use
Mechanized Excavation, Stripping and Grading
Sign (public)
Trail
Utility Building
Walkway
Any use that is similar, in the opinion of the Development Authority,
to the permitted or discretionary uses described above.
Site Development:
(1)
Parking Requirements:
(a)
Parking stalls may be required at the Development Authority's sole
discretion; and
(b)
All parking stalls shall have a dimension of not less than 2.75 m (9.02 ft)
by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
All uses must comply with the regulations in Part Three: Supplementary
Regulations.
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Summer Village of Jarvis Bay Land Use Bylaw No. 125/13
URBAN RESERVE DISTRICT (UR)
General Purpose:
To reserve land for future subdivision and development
until an overall plan is prepared for the area and approved by
Council.
Permitted Uses:
Nil
Discretionary Uses:
Accessory Uses
Building Demolition
Mechanized Excavation, Stripping and Grading
Sign
Temporary Building
Uses that will not, in the opinion of the Development Authority:
(1)
Materially alter the use of the land from that existing on the
date the land was designated to this Land Use District; or
(2)
Conflict with future urban expansion
Utility Buildings
Any use that is similar, in the opinion of the Development Authority,
to the discretionary uses described above.
Minimum Parcel Area:
(1)
All the land contained in the existing Certificate of Title, unless otherwise
approved by the Council, having regard to future use of the parcel and the form
of future subdivision and development.
Site Development:
(1)
Parking Requirements:
(a)
Parking stalls may be required at the Development Authority's sole
discretion; and
(b)
All parking stalls shall have a dimension of not less than 2.75 m (9.02 ft)
by 5.50 m (18.04 ft).
Supplementary Regulations:
(1)
Outdoor storage and display shall be screened from residential districts.
(2)
All uses must also comply with the regulations in Part Three: Supplementary
Regulation.