Summer Village of Silver Beach Land Use Bylaw No. 208/2010 (as amended)
Silver Beach, Alberta
· No. 208/2010
· adopted 2010-06-21
· summary & facts
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Summer Village of Silver Beach Land Use Bylaw 208/2010
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BYLAW NO. 208 / 2010
THE LAND USE BYLAW OF
THE SUMMER VILLAGE OF SILVER BEACH
Received and Passed 3rd Reading June 21, 2010
Amended by Bylaw 2025-02 May 20, 2025
Summer Village of Silver Beach Land Use Bylaw 208/2010
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Land Use Bylaw of the Summer Village of Silver Beach
Table of Contents
3.
Interpretation .................................................................................................................................................... 3
4.
Establishment of Districts ................................................................................................................................. 7
5.
Regulations ....................................................................................................................................................... 8
6.
Development Authority ..................................................................................................................................... 8
7.
Subdivision and Development Appeal Board .................................................................................................. 8
8.
Control of Development ................................................................................................................................... 8
9.
Development Not Requiring a Development Permit ........................................................................................ 9
10.
Non-Conforming Buildings and Uses .............................................................................................................. 9
11.
Permission for Development .......................................................................................................................... 10
12
Validity of Permits ......................................................................................................................................... 12
13.
Appeals ........................................................................................................................................................... 14
14.
Decision of the Appeal Board ........................................................................................................................ 14
15.
Contravention ................................................................................................................................................. 14
16.
Amendments ................................................................................................................................................... 15
17.
Interpretation .................................................................................................................................................. 15
18.
Continuation of Conditions ............................................................................................................................ 15
19.
Repeal of Existing Controls ............................................................................................................................ 15
20.
Fees and Forms ............................................................................................................................................... 15
21.
Date of Commencement ................................................................................................................................. 16
SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS ................................................................... 18
B1.
Grading and Drainage ................................................................................................................... 18
B2.
Moved-In Buildings ........................................................................................................................ 18
B2.1
A person making application to move an existing Building into the Municipality, or to
relocate a building on a lot shall: .................................................................................................... 18
B2.1.1 make the usual application for a development permit; .................................................................... 18
B3.
Signs ................................................................................................................................................. 18
B4.
Screening and Fencing ................................................................................................................... 19
B5.
Derelict Automobiles ...................................................................................................................... 19
SCHEDULE C: REGULATIONS FOR SPECIFIC LAND USE DISTRICTS .......................................................... 20
C1.
Regulations for the Residential District ....................................................................................... 20
C1.1
Permitted uses .................................................................................................................. 20
C1.2
Discretionary Uses ........................................................................................................... 20
C1.3
Lot Dimensions and Areas .............................................................................................. 20
C1.4
Location of Buildings ....................................................................................................... 20
C1.6
Site Coverage & Landscape ............................................................................................ 22
C1.7
Height of Buildings .......................................................................................................... 22
C1.8
Sanitary Sewer Service .................................................................................................... 22
C1.9
Recreational vehicles ....................................................................................................... 22
C1.10
Guest Houses .................................................................................................................... 23
C2.
Regulations for the Institutional Camp district .......................................................................... 23
C2.1
Permitted uses .................................................................................................................. 23
C2.2
Discretionary Uses ........................................................................................................... 24
C2.3
Density of Development ................................................................................................... 24
C2.4
Yards and Setbacks ......................................................................................................... 24
C2.5
Lot Coverage ..................................................................................................................... 24
Summer Village of Silver Beach Land Use Bylaw 208/2010
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C3.
Regulations for the Non-residential Recreation District ............................................................ 24
C3.1
Purpose ............................................................................................................................. 24
C3.2
Permitted uses .................................................................................................................. 24
C3.3
Discretionary Uses ........................................................................................................... 24
C4.
Regulations for the Park district .................................................................................................. 25
C4.1
Permitted uses .................................................................................................................. 25
C4.2
Other regulations ............................................................................................................. 25
Index of Key Words ...................................................................................................................................................... 28
Summer Village of Silver Beach Land Use Bylaw 208/2010
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This Bylaw supersedes and replaces LUB 192-2002
Authority
Pursuant to the Municipal Government Act, Part 17, Revised Statutes of Alberta 2000, Chapter
M-26, the Council of the Summer Village of Silver Beach in the Province of Alberta, duly
assembled, hereby enacts as follows.
1. Title Summer Village of Silver Beach Bylaw - 208/2010
2.
Purpose
The purpose of this bylaw is to regulate and control the use and development of land and
Buildings within the Municipality to achieve the orderly and economic development of
land, and for that purpose, among other things:
1.1
to divide the Municipality into districts,
1.2
to prescribe and regulate for each district the purposes for which land and
Buildings may be used,
1.3
to establish the office of Development Authority,
1.4
to establish a method of making decisions on applications for development
permits and issuing development permits,
1.5
to prescribe a procedure to notify owners of land likely to be affected by the issue
of a development permit, and
1.6
to establish a system of appeals against the decisions of the Development
Authority.
3.
Interpretation
In this bylaw:
Abut or Abutting means immediately contiguous to, or physically attaching to, and
when used in respect of a parcel, means that the parcel physically touches upon
another parcel and shares a property line with it.
Act means the Municipal Government Act Revised Statutes of Alberta 2000, Chapter
M-26 and is referred herein as "the Act".
Accessory Building means a Building separate and subordinate to the main Building,
the use of which is incidental to that Main Building and is located on the same Lot.
Boathouse means a structure located in the front yard of a lot abutting the lakeshore
primarily for the storage of boats and associated equipment. A boat house may
include living space similar to that described for a guesthouse.
Summer Village of Silver Beach Land Use Bylaw 208/2010
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Building means any structure used or intended for supporting or sheltering any use or
Occupancy.
Council means the Council of the Summer Village of Silver Beach.
Demolition means the taking down by an approved method, and removal of a building
or structure, including a foundation, from the lot upon which the building, structure or
foundation was located, and the subsequent clean up and remediation of the property
to a standard as approved by the Development Authority.
Depth of a parcel means the perpendicular distance between the front and rear lot
lines, or where these are not parallel, the average distance between the front and rear
lot lines.
Derelict vehicle means any motor vehicle which is unlicensed, or uninsured, or non-
operational, or not in a state to legally operate on a highway or road.
Development means (in addition to the definitions set out in the Act) the removal or
demolition of a building or structure in whole or in part.
Development Authority is defined in Section 5 of this bylaw.
Development Permit means a document authorizing a development as defined in Part
17 of the Act.
Discretionary Use means the use of land or a Building provided for in this bylaw for
which a development permit may be issued upon an application having been made.
Dwelling means any Building or structure used primarily for human habitation and
which is supported on a permanent foundation or base extending below ground level
and is limited to single family, and does not include a mobile home of any kind
situated on wheels, blocks, jacks, or any other temporary foundation.
Existing means existing on the date on which this bylaw comes into force.
Finished Grade is the local elevation of the ground after landscaping.
Firewall means a type of fire separation of noncombustible construction which
subdivides a Building or separates adjoining Buildings to resist the spread of fire and
which has a fire-resistance rating as prescribed in the Alberta Building Code and has
structural stability to remain intact under fire conditions for the required fire-rated
time.
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First Storey means the uppermost Storey having its floor level not more than 2m
above Grade. A basement does not constitute the first storey as long as the floor level
above it is consistent with this definition. The Development Authority may, at its
discretion, determine that a floor level that is mostly recessed below grade, but is at-
grade in a localized area due to sloping of the land is a walk-out basement, and in this
circumstance the floor level above the walk out basement can be considered the first
storey even though it is more than 2m above grade at the localized, walk-out area of
the basement.
Floor area means the area of all finished floors at or above grade, measured from the
inside of the exterior walls.
Front of a Building or lot refers to the side facing, or closest to the lake where the lot
faces the lake, and refers to the side facing a public road where the lot does not abut
the lakeshore.
Garage means an accessory Building or part of a Main Building designed and used
primarily for the storage of motor vehicles.
Grade (as applying to the determination of Building and deck height) means the
average levels of Finished Grade at the centre-point of each exterior wall of a
Building, except that localized depressions such as for walk-out basements, or vehicle
or pedestrian entrances need not be considered in the determination of average levels
of Grade. Grade for determining boathouse height means the lowest of the average
levels of the Finished Grade adjoining the side and rear walls.
Guest House means a permanent Accessory Building which has sleeping accom-
modation and living space including a bathroom, and provides overflow
accommodation for the main Dwelling on the Lot.
Home Business means a business carried on in a Dwelling which
o
is not visited by a significant number of clients,
o
does not change the external appearance or residential character of the
Dwelling,
o
is operated only by the residents of the Dwelling unless authorized by the
Development Authority, and
o
has no outside storage of goods or materials unless specifically permitted by
the Development Authority.
Lot means an individual Lot for which a title has been issued, or, where two or more
Lots are 'tied' for assessment purposes, or are included in a single title, the area
encompassed by the several Lots.
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Main Building means a Building in which is conducted the main or principal use of
the Site on which it is erected.
Mobile Home means a single detached Dwelling built offsite in one or more sections,
and intended to be occupied in a place other than where it is manufactured, but does
not mean a Modular Home or a Recreational Vehicle.
Modular Home means a new single detached Dwelling built in a factory and
transported to a site to be installed on a permanent foundation, and which appears
indistinguishable in design and finish from a stick-built home, and does not include a
manufactured home or a mobile home.
Municipality means the Summer Village of Silver Beach.
Occupancy means the use or intended use of a Building or part thereof for the shelter
or support of persons, animals or property.
Partition means an interior wall one Storey or part Storey in height that is not
loadbearing.
Permitted Use means the use of land or a Building provided for in a land use bylaw for
which a development permit shall be issued upon an application having been made,
subject to whatever conditions are necessary to bring it into conformity with this
bylaw.
Public Park means an area of land designed or reserved for recreational use by the
public, and includes all related buildings and improvements, and abuts a public road.
Rear of a Building or lot is the side facing away from, or furthest from the lake where
a lot faces the lake, and is the side facing furthest from a public road where a lot faces
a public road.
Recreational Vehicle means a mobile unit that is designed to be used as temporary
living or sleeping accommodation, and includes but is not limited to holiday trailers,
tent trailers, truck campers, vans, and motor homes, but does not include Mobile
Homes.
Safety Codes Officer means an individual certified as a Safety codes officer under
section 27 of the Safety Codes Act.
Setback for the purpose of determining acceptable distance from a Building to
property lines is the distance of closest approach between the Building foundation at
Finished Grade and the property line.
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Temporary Dwelling means a Dwelling which is used while a permanent Dwelling is
being constructed on a Lot, and where specified in a development permit may include
a Recreational Vehicle or Mobile Home.
Site means one or more contiguous Lots which are managed by the owner as a single
Lot or unit.
Storey means that portion of a Building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
Vertical Service Space means a shaft oriented essentially vertically that is provided in
a Building to facilitate the installation of Building services including mechanical,
electrical and plumbing installations and facilities such as elevators, refuse chutes and
linen chutes.
Village Administrator is the Chief Administrative Officer named by Council.
Setback means that part of a Lot upon or over which no main Building is erected.
Yard, Front means a yard extending across the full width of the Lot from the Front
property line of the Lot to the Front wall of the main Building on the Lot.
Yard, Side means a yard extending from the side wall of the main Building to the side
property line.
Yard, Rear means a yard extending across the full width of the Lot from the rear
property line of the Lot to the rear wall of the main Building on the Lot.
All other words and expressions have the meanings assigned to them in the Act.
4.
Establishment of Districts
4.1
For the purpose of this bylaw the municipality is divided into the following
districts:
AR
Agricultural Reserve
R
Residential
IC
Institutional Camp
NRR Non-residential recreation
P
Park
DC
Direct Control (Amended by Bylaw 2025-02)
as shown on the map attached as Schedule A, which forms part of and has full
force of this bylaw.
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4.2 In case of doubt as to the boundaries of a land use district, the decision of
Council, in the form of a resolution, shall govern.
5.
Regulations
Schedules B and C, setting out regulations for land use, form part of and have full force
of this bylaw.
6.
Development Authority
6.1
The office of Development Authority is hereby established and shall be filled by a
person or persons appointed by resolution of the Council. If no person is
appointed, the Chief Administrative Officer shall act as Development Authority.
6.2
The Development Authority shall
6.2.1. receive, consider and decide on applications for a development permit;
6.2.2 maintain a register of all applications and the decisions rendered on them;
6.2.3. ensure that copies of this bylaw can be purchased by the public at a
reasonable cost.
6.2.4. carry out the duties prescribed in the Act with regard to appeals or,
designate a person to do the same; and
6.2.5. perform such duties as are established to enforce this bylaw in
conformance with the Act.
6.3
For the purposes of section 542 of the Act, the person holding the office of
Development Authority is a designated officer of the Municipality.
7.
Subdivision and Development Appeal Board
7.1
The Subdivision and Development Appeal Board established by Bylaw 174 shall
hear and decide on appeals from a decision (or lack of decision) of the
Development Authority.
7.2
Should the Subdivision and Development Appeal Board require further technical
or, legal opinion, it may adjourn the hearing and issue a request to the Village
administrator. The retainer of professional, legal, or other assistance will be
handled through the Village Administrator.
7.3
After hearing all submissions and rebuttal, if any, the Board shall deliberate and
reach its decision in private.
8.
Control of Development
7.1
No development other than that designated in section 9 shall be undertaken within
the Municipality unless an application for it has been approved and a development
permit has been issued.
7.2
For the purposes of this section, signs, posters and billboards are deemed to be
developments.
Summer Village of Silver Beach Land Use Bylaw 208/2010
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9.
Development Not Requiring a Development Permit
9.1
No development permit is required for a land use or Building exempted under
sections 618 and 619 of the Act.
9.2
No development permit is required for the completion and use of a development
which was lawfully under construction at the date this bylaw comes into effect.
9.3
No development permit is required for the continuation of a lawful use of
Building or land which was in effect at the date this bylaw comes into effect.
9.4
No development permit is required for normal maintenance or repair to any
Building or public utility, including repairs to foundations and structure, or
replacement of structural components, provided that such works do not include
structural alterations, or major renovations which change the size of the Building.
9.5
No development permit is required for the construction and maintenance of gates,
fences, walls or other means of enclosure less than 1 metre in height in a Front
Yard and 2 metres in height elsewhere, except as provided in section 5 of
Schedule B.
9.6
No development permit is required for landscaping, provided that it does not alter
the flow of water off-site, does not include the installation of more than 37.2
square meters of water shedding, materials such a asphalt, concrete, paving stones
and is in accordance with C1.6, B1.3 and B 1.4.
9.7
No development permit is required for municipal or public utility works on a road
or lane.
9.8
No development permit is required for erection of utility, garden, or storage sheds
provided they have a Building Area of less than 9 m2, are less than 3m in height,
are located in the Rear Yard, are intended only for storage, and are essentially
portable and do not entail construction of permanent foundations such as concrete
slabs or piles. Such sheds must be located with Rear and Side Setbacks as
provided for in this bylaw.
9.9
No development permit is required for erection of children's play structures.
9.10
No development permit is required for finish changes, wiring, plumbing or
Partition changes.
9.11
No development permit is required for bridges over local depressions or
watercourses.
10.
Non-Conforming Buildings and Uses
10.1 If a Building or land use is not allowed in this bylaw, but was legally Existing at
the date of passage of this bylaw, it may continue as a non-conforming use
pursuant to section 643 of the Act. Maintenance, renovation and repair of non-
conforming Buildings, their envelope, mechanical and electrical systems,
structure and foundations, is permitted provided the Building is not increased in
Summer Village of Silver Beach Land Use Bylaw 208/2010
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size.
10.2
If the Development Authority has reasonable basis to believe building or
development from a lot encroaches into adjacent land, the Development Authority
may require the owner of the lot to provide a real property report at the lot
owner's own cost. The Development Authority may require removal
development which encroaches on adjacent land, and, if necessary, can arrange
for the removal, at the cost of the lot owner. The Development Authority may
require a lot owner erect permanent visible markers on the corners of an lot to a
standard approved by the Development Authority.
11.
Permission for Development
11.1
An application for a development permit shall be made to the Development
Authority in writing in the appropriate form, stating the legal description of the
property, and shall be accompanied by duplicate copies of:
11.1.2
a site plan, to scale, showing the proposed Front, Rear, and Side Yards
and Setbacks, locations of all other Buildings on the Site, roads, water
bodies, trees, and other physical features of the site, and any provision for
off-street loading and vehicle parking and access points;
11.1.2
floor plans, elevations and sections, including all height and horizontal
dimensions. Grade, and the height of the Building above Grade, shall be
shown;
11.1.3
if requested by the Development Authority, a Real Property Report
prepared by an Alberta Land Surveyor;
11.1.4
a statement of use;
11.1.5
the consent to the application of the owner of the land, and the statement
of the interest of the applicant therein;
11.1.6
the estimated commencement and completion dates;
11.1.7
the estimated cost of the project or contract price;
11.1.8
the required application fee;
11.1.9
A grading and drainage plan that shows the elevations of the Site at all
corners and at the mid-point of property lines, the local high, and low
points of the parcel, the elevation at all corners of the proposed
development, the elevation of the crown of the adjacent street, and
direction of drainage on the parcel. The grading and drainage plan must
also indicate proposed changes to the slope and drainage of the Site;
or alternatively, with the agreement of the Development Authority, a map
or scaled drawing showing the proposed finished grade relative to the
street and to neighbouring land and buildings and, at the request of the
Development Authority, a section across the parcel showing these features
Summer Village of Silver Beach Land Use Bylaw 208/2010
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and a statement satisfactory to the Development Authority that the
development will not raise or lower the land, or change the drainage of the
parcel.
11.2 Demolition - A basic development permit fee will be charged for the demolition
of a building structure, but in addition, the Development Authority may require
the applicant to post a bond or other security to guarantee that any damage done
to other properties, including public roadways and roadway infrastructure is
repaired at the applicant's expense.
11.3 Unless otherwise approved by the Development Authority, drawings and
documentation accompanying an application for development shall be submitted
on 8-1/2" x 11" or 11" x 17" paper for ease of copying.
11.4 The Development Authority shall receive, consider and decide on all applications
for a development permit, and shall render a decision in writing and mail or
otherwise deliver it to the applicant.
11.5 In making a decision the Development Authority may approve the application
unconditionally, or impose conditions considered appropriate, permanently or for
a limited period of time, or refuse the application.
11.6 When the Development Authority refuses to issue a development permit, it must
give reasons.
11.7 The Development Authority may require, as a condition of issuing a development
permit, that the applicant enter into a development agreement to construct or pay
for the construction of public roadways, driveways connecting to public
roadways, culverts, parking areas, or utilities necessary to serve the proposed
development, or to pay an off-site levy or redevelopment levy imposed by bylaw;
and may require that a performance bond or letter of credit be deposited with the
Municipality to cover the cost of repairing local improvements damaged as a
result of development, or to ensure that the development is completed in
accordance with the development permit.
11.8
When an application for a development permit has been refused initially or on
appeal, the Development Authority may, at its discretion, refuse to accept another
application for a permit on the same property and for the same or similar use of
land by the same or any other applicant for 6 months after the date of the previous
refusal, unless the circumstances have changed substantially.
11.9
If a proposed development is for a use not listed as Permitted for that district, or if
it does not comply in every way with this bylaw, the Development Authority shall
refuse to issue a development permit.
11.10 Notwithstanding 11.9 above, the Development Authority may issue a development
permit with a reasonable set back variance or relaxation if the proposed
relaxation:
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11.10.1 is consented to in writing by the owner of the abutting property or
properties that is (are) impacted by the relaxation; and
11.10.2 does not unduly interfere with the amenities of the
neighbourhood; and
11.10.3 does not materially interfere with or affect the use, enjoyment,
or value of abutting parcels of land; and
11.10.4 the extent of the set back variance or relaxation does not exceed
ten (10%) percent of the minimum set back as set out in the Schedule B
of this bylaw.
11.11 No variance will be granted to increase the maximum height of a building beyond
what is permitted in this bylaw.
11.12 An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision is not issued by the Development Authority
within 40 days, and the applicant may appeal in writing as provided for in this
bylaw as though the application had been refused.
11.13 The Development Authority may require, prior to issue of a development permit,
payment of a deposit equal to 1% of the estimated value of the building cost of the
development, but not to exceed $5000. The developer may apply for return of the
deposit, upon submission of information satisfactory to the Development
Authority that the development including buildings, outside finishes, and
landscaping has been completed. The Village may deduct from the deposit any
funds necessary to repair damage to roads, Village property, or utilities
attributable to the development
12
Validity of Permits
12.1
Notice of issuance of a development permit is to be made to the owners of lots
sharing property lines on either side of the parcel for which the development
permit is issued and to the lots immediately across the Summer Village of Silver
Beach road by:
(a) mail using the mailing addresses recorded on the Summer Village's tax roll;
(b) delivering the notice to an owner of each lot; or
(c) electronic methods of delivery, including by email, using contact information
provided by an owner of each lot and on the records of the Summer Village.
A single notice mailed to the tax roll address is deemed to be notice to all
registered owners of that lot. The date on which notice of issuance of permit is
mailed or delivered is the date of notice for purposes of determining the start of
the period to file a valid appeal.
(Amended by Bylaw 2025-02)
12.2
Notwithstanding Section 12.1, the Development Authority may provide notice of
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issuance of a development permit to additional lots in the Summer Village if the
proposed development:
(a) Is for a discretionary use; or
(b) Is for a permitted or discretionary use that requires a variance.
(Amended by Bylaw 2025-02)
12.2
The Development Authority may direct a sign be posted visible and readable from
the Silver Beach road, describing a proposed development. However, the failure
to post the sign or the failure to see the sign by any person does not affect official
notice nor does it affect the period within which an appeal may be filed.
12.3
A permit granted pursuant to this Part does not come into effect until twenty-one
(21) days after the date that notice of the decision, or development permit is
received. For the purposes of this Bylaw, notice is deemed to be received on the
fifth (5th) day after the date of the issuance of the decision or permit. Any
development initiated by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
(Amended by Bylaw 2025-02)
12.4
A person claiming to be affected by a proposed development is entitled to view
the application for the development permit and any accompanying documents at
the Village office, or by other arrangements determined by the Development
Authority.
12.5
If a valid appeal is filed against a development permit, the permit is suspended
until the appeal is heard or abandoned. (Note: To be valid, an appeal must be
received by the Village within 14 days of notice being given of the issuance of a
development permit: section 686 MGA). The date an appeal is received by the
Village is deemed to be the earlier of the date it is received by the Village office,
or two business days after the date of postmark if the appeal is sent by mail.
12.6
If the development authorized by a permit is not commenced within 6 months
from the date of issue, or if, having commenced, work ceases for six months, the
permit is void, unless an extension has previously been granted by the
Development Authority.
12.7
Work authorized by a development permit must be completed within 12 months
of the date of the permit unless a later date is noted on the permit, or an extension
is granted by the Development Authority.
12.8
The time referred to in section 12.6 and 12.7 is suspended during an appeal.
12.9
If it appears to the Development Authority that a development permit has been
obtained by fraud or misrepresentation, or has been issued in error, or if a
development is not consistent with a permit, the Development Authority may
suspend, revoke, or modify the permit.
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13.
Appeals
The procedure for appeal against the decision of the Development Authority is laid down
in section 686 of the Act.
Note: there is no appeal against a permit for a permitted use which conforms in every
way with this bylaw (section 685(3) MGA). Pursuant to Section 685(3) of the Act, no
appeal lies in respect of the issuance of a development permit for a permitted use unless
the provisions of this bylaw have been relaxed, varied, or misinterpreted.
14.
Decision of the Appeal Board
14.1
The subdivision and development appeal board must hold an appeal hearing
within 30 days after receipt of a notice of appeal.
14.2
A Subdivision and Development Appeal Board
(a)
may, while carrying out its power, duties, and responsibilities,
accept any oral or written evidence that it considers proper, whether
admissible in a court of law or not, and is not bound by the laws of
evidence applicable to judicial proceedings, and
(b)
must make and keep a record of its proceedings, which may be in
the form of a summary of the evidence (and need not necessarily be a
record of argument) presented at a hearing
14.3
When deciding on an appeal, the Subdivision and Development Appeal Board
may approve an application for a development permit notwithstanding that the
proposed development does not comply with this bylaw if, in its opinion,
14.3.1
the proposed development would not
14.3.1.1
unduly interfere with the amenities of the
neighbourhood, or
14.3.1.2
materially interfere with or affect the use,
enjoyment, or value of neighbouring properties,
14.3.2
and the proposed development conforms with the use prescribed for the
land or Building in this bylaw, and this power extends to nonconforming
Buildings and uses pursuant to section 643(5)(c) of the Act.
14.4
The Subdivision and Development Appeal Board shall give its decision in writing
together with reasons for the decision within 15 days of the conclusion of the
hearing.
14.5
A decision by the Subdivision and Development Appeal Board is final and
binding subject only to an appeal upon a question of jurisdiction or law pursuant
to section 688 of the Act.
15.
Contravention
15.1 Where the Development Authority finds that a development or use of land or
Summer Village of Silver Beach Land Use Bylaw 208/2010
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Buildings is not in accordance with:
15.1.1
the Act or regulations under the Act, or
15.1.2
a development permit or subdivision approval, or
15.1.3
this bylaw,
it may proceed in accordance with sections 645 and 646 of the Act.
15.2
Contravention of this bylaw is an offence and is subject to a fine not exceeding
$2,000 pursuant to section 566 of the Act.
16.
Amendments
16.1
A person may apply to have this bylaw amended, by applying in writing, giving
reasons for the amendment requested, and paying the appropriate fee.
16.2
Council may at any time initiate an amendment to this bylaw.
16.3
An application to change Schedule A, the map of land use districts, may be
initiated only by the owner of the land in question, or by Council.
17.
Interpretation
17.1
Where both metric and imperial measures are given in this bylaw, the metric
number shall govern. Imperial equivalents are given for convenience only and
may not be precise.
17.2
He, him, she, her, they, and them are to be read interchangeably as the context
requires.
18.
Continuation of Conditions
A condition attached to a development permit issued under a former land use bylaw
continues under this bylaw.
19.
Repeal of Existing Controls
Bylaw 183, the former Land Use Bylaw, and amendments thereto, are repealed.
20.
Fees and Forms
Fees and forms referred to in this bylaw shall be established by resolution of Council.
Summer Village of Silver Beach Land Use Bylaw 208/2010
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21.
Date of Commencement
This bylaw shall come into effect on the date of the third and final reading.
Read a first time this 21st day of June 2010
Read a second time this 21st day of June 2010
Read a third time this 21st day of June 2010
Summer Village of Silver Beach
___________________________________
Mayor
___________________________________
Administrator
Summer Village of Silver Beach Land Use Bylaw 208/2010
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SCHEDULE A: LAND USE DISTRICT MAP
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SCHEDULE B: REGULATIONS FOR ALL LAND USE DISTRICTS
B1.
Grading and Drainage
B1.1
Prior to, during or after construction, no land shall be filled or raised, and no
change to existing grading or drainage may be undertaken, unless such change has
been reviewed by the Development Authority and approved by the development
permit that approves the construction. (Note: development which includes
excavation, and relocation on the parcel, of earth excavated for a building is
considered to have the potential to alter the drainage of the land and requires
submission of all applicable information to the Development Authority).
B2.2
Water shall not be diverted to flow from one Lot to another unless a drainage
scheme is agreed in writing between the two owners and the Municipality.
B2.
Moved-In Buildings
B2.1
A person making application to move an existing Building into the
Municipality, or to relocate a building on a lot shall:
B2.1.1
make the usual application for a development permit;
B2.1.2 provide photographs showing all sides and the general condition of the
Building; and
B2.1.3 state the present location and use of the Building.
B2.2
The Development Authority may, at its discretion, inspect the Building, or cause
the Building to be inspected by a person the Development Authority so appoints,
and may issue a Development Permit subject to the condition that the Building be
improved once it is moved on site.
B2.3
The cost of inspection shall be added to the fee for a development permit.
B2.4
The Development Authority may require the developer provide cost estimates for
the works deemed necessary and may require the developer to provide a bond for specific
performance of the works within a specific time.
B3.
Signs
B3.1
All signs other than the following require a development permit:
B3.1.1 one sign, of not more than one square metre in area, advertising for sale
the property on which it stands,
B3.1.2 one name plate, not exceeding one square metre in area, giving the name
of the owner, and/or the name of the property, and/or the municipal
address, and/or other pertinent information, and
B3.1.3 temporary signs protected by section 2(b) of the Constitution Act
(Canada).
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B3.1.4 Signs indicating proposed development.
B3.2
No development permit shall be issued for commercial signs other than those
listed in 4.1.1 above.
B3.3
A sign which is a hazard to persons or traffic, or which applies to a past event,
shall be removed immediately.
B4.
Screening and Fencing
B4.1
No fence or screen shall extend higher that 2 metres above the local elevation of
the ground along the fence line.
B4.2
Fences in that part of a Lot lying in Front of the Front wall of the main Building
shall be no higher that 1 metre above the local elevation of the ground along the
fence line.
B4.3
On corner Lots, fences abutting open roads shall be no higher than 1 metre above
the local elevation of the ground along the fence line.
B5.
Derelict Automobiles
B5.1
Derelict trucks and automobiles may not be stored out of doors within the Village.
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SCHEDULE C: REGULATIONS FOR SPECIFIC LAND USE DISTRICTS
C1.
Regulations for the Residential District
C1.1 Permitted uses
The following uses are permitted in the Residential district:
C1.1.1
single detached dwellings of new, conventional construction, limited to
one per Lot,
C1.1.2
Guest Houses, subject to section 1.10 below,
C1.2.3
the parking and use of recreational vehicles, subject to section 1.8 below,
C1.1.4
unattended utility installations, and
C1.1.5
accessory uses such as garages, storage sheds, saunas, and boathouses.
C1.2 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
C1.2.1
Moved-in Buildings, including modular homes on permanent foundations.
C1.2.2
Home Businesses, and
C1.2.3
Temporary Dwellings to be occupied by the owner of a Lot while a
permanent Dwelling is under construction.
C1.3 Lot Dimensions and Areas
C1.3.1
All new lots created by subdivision shall have a width of no less than
24.38 metres (80 feet) at both Front and Rear property lines.
C1.3.2
The minimum Lot width required by this bylaw shall not prevent the
adjustment of a property line between two lots where no additional lots are
being created, where the width of the smaller lot is not made smaller, and
where a lot with a width greater than the minimum permitted in this bylaw
is not reduced to a width less than the miniumum permitted by this bylaw.
C1.4 Location of Buildings
C1.4.1
Front and rear Setbacks: Unless otherwise permitted or required below,
main Buildings shall be located at least 10 metres (32.8 feet) from the
Front and rear property lines.
C1.4.2
Side Yards, Main Buildings: Unless otherwise permitted below, main
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Buildings shall be located so as to give a minimum side Yard of
C1.4.3.1
10% of the width of the Lot, or
C1.4.3.2
One-half of the vertical distance from Grade to the
eaves on that side of the Building,
whichever is greater.
C1.4.3
Setbacks, Accessory Buildings and Boathouses: A multi-story accessory
Building shall be located with side Yards as required for main Buildings.
A single Storey accessory Building shall have a side Yard of at least 1.5
metres (5 feet).
C1.4.4
Encroachment into Yards and Setbacks: Eaves, bay windows, chimneys,
and extensions cantilevered beyond the Building foundation walls may
encroach into a required yard or setback by no more than 0.508 metres (20
inches).
C1.4.6
Exterior steps may be constructed in a yard provided that they are no
closer than 1 metre to a property line.
C1.4.7
Location of decks: If any part of a deck or patio is more than 0.3 metres (1
foot) above the average Grade surrounding the deck, it is governed by the
same yard and setback requirements as a Building.
C1.4.8
Location of Garages: Garages on a front lot may be located within 1
metre of the rear property line if the main vehicle entry doors do not face
the road. A garage on a rear lot shall be located at least 3metres (10 feet)
from the front property line if the main vehicle entry doors do not face the
road. Where the main vehicle entry doors do not face a road or a lane, the
garage shall be located 6.1 metres (20 feet) from the road or a lane.
C1.4.9
Garages straddling Lot lines: Where adjacent property owners agree to
build a common Garage straddling the property line, no side yard is
required, but a Firewall shall be constructed to the standards of the
Alberta Building Code.
C1.4.10 Boathouses and Garages: A Boathouse may be constructed in a front yard of a
front lot, or a garage may be constructed in the front yard of a rear lot. A
boathouse in a front lot, or a garage in a rear lot, may also be a guesthouse,
and may have more than one story provided it complies with height and
side-yard restrictions. No other accessory building may be constructed in
a front yard. The setback between the front of a boathouse and the front
property line shall not be less than 3 metres (10 feet).
C1.4.11
Notwithstanding section 1.4.10 The Development Authority, at its
discretion, may allow a reasonable variation on the front setback of a
boathouse if the developer demonstrates the need due or local topography
to the satisfaction of the Development Authority
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C1.4.12
Fire separations: Every Building served by electricity or a heating system
shall be located at least 3 metres (10 feet) from every other Building unless
a variance has been obtained under the Alberta Building Code.
C1.4.13
Additions: A Building or structure which does not share footings with the
main Building on a Lot is deemed to be an Accessory Building even if it is
connected to the Main Building by a roof, breezeway, deck, patio, or other
at-grade or above-grade connection.
C1.5 Accuracy of Building placement
The Development Authority may require that after the footings have been
installed, and before any flooring or framing work is commenced, the developer
shall submit a Real Property Report or Building Location Certificate prepared by
an Alberta Land Surveyor, certifying that the Building under construction meets
the yard and setback requirements of this bylaw and the Alberta Building Code.
C1.6 Site Coverage & Landscape
The combined First Storey Floor Area of all Buildings on a Lot shall be no more
than 30% of the total area of the Lot.
Concrete, asphalt or other water-shedding paving may not exceed 15% of the total
area of the Lot.
Natural landscaping consisting of permeable ground shall cover at least 50% of
that lot area. Included within this, a minimum of 20% of the lot area shall be
covered in trees and shrubs.
C1.7 Height of Buildings
No Building shall exceed 9.15 metres (30 feet) in height, measured from the
average Grade surrounding the Building to the roof peak, excluding chimneys and
aerials. The height of a Guest House shall not exceed 8.53 metres (28 feet). No
Boathouse shall exceed 4.27m (14 ft) measured from the average Grade
surrounding the Building to the roof peak excluding chimneys and aerials. No
Garage in the front yard of a rear lot shall exceed 5.49 metres (18 feet) measured
from the average grade surrounding the Building to the roof peak excluding
chimneys and aerials.
C1.8 Sanitary Sewer Service
All Dwellings, including Guest Houses but excluding temporary Dwellings and
Recreational Vehicles, shall be connected to a municipal piped sanitary sewage
disposal.
C1.9 Recreational vehicles
C1.9.1
Except as permitted under 1.9.4 below, only one Recreational Vehicle
shall be situated on a Lot at any one time.
C1.9.2
No permit is required for the first sixty days in each year that a
Summer Village of Silver Beach Land Use Bylaw 208/2010
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Recreational Vehicle is parked on a Lot.
C1.9.3
A Recreational Vehicle may be parked on a Lot for a period in excess of
sixty days in each year provided that a temporary development permit is
obtained each year.
C1.9.4
Upon receiving two weeks notice, the Development Authority may issue a
permit allowing more than one Recreational Vehicle on a Lot for an
extraordinary event such as a family reunion.
C1.9.5
A single Recreational Vehicle may be stored or parked if the owner of the
Lot has been issued with a temporary annual development permit.
C1.9.6
A Recreational Vehicle may be placed on a Lot and used as the principal
Dwelling while a permanent Dwelling, for which a development permit
has been issued, is under construction.
C1.9.7
All Recreational Vehicles, whether occupied or not, shall be located in the
rear Yard of the Lot.
C1.10 Guest Houses
C1.10.1
Guest houses shall be of new, conventional construction and good
appearance.
C1.10.2
Guest houses shall be constructed only in the rear Yard of a Lot, and
behind the Front walls of the main Buildings on the two immediately
adjacent Lots.
C1.10.4
Sleeping accommodation in or above a Garage or any other accessory
Building is deemed to be a Guest House and where such accommodation
exists, no free-standing Guest House shall be constructed on the Lot.
C1.10.5
Only one Guest House is permitted on a Lot. A lot may have both a
Boathouse or Garage with sleeping accommodation in the front yard, and
a Guest House in the rear yard.
C1.10.6
A Guest House shall not be rented or leased except to a person who is
concurrently renting or leasing the main Building.
C2.
Regulations for the Institutional Camp district
C2.1 Permitted uses
The following uses are permitted in the Institutional Camp district:
C2.1.1 new Buildings and uses such as bunkhouses, assembly halls,
kitchens, and other Buildings and facilities required for the
accommodation, instruction, and recreation of campers or groups affiliated
with the organization which owns and operates the facility,
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C2.1.2 staff residences, to a maximum of one per Lot, and
C2.1.3 Buildings and uses accessory to the above.
C2.2 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
C2.2.1 moved-in Buildings, including modular structures erected on
permanent foundations,
C2.2.2 Recreational Vehicles, and
C2.2.3 the use of the Site and Buildings by campers or groups not
affiliated with the organization which owns and operates the facility.
C2.3 Density of Development
C2.3.1 When issuing a development permit, the Development Authority
may specify the maximum number of people and vehicles that will
be on the Site at any time, and any increase in these numbers shall
require a new development permit.
C2.4 Yards and Setbacks
C2.4.1 Yards and setbacks in the Institutional Camp district shall be the
same as those required in the Residential district.
C2.5 Lot Coverage
C2.5.1 No more than twenty per cent of the area of a Lot shall be covered
by Buildings.
C3.
Regulations for the Non-residential Recreation District
C3.1 Purpose
The purpose of the Non-residential Recreation District is to recognize the existence and
to set rules for the management of privately owned Lots which have recreational value
but which are too small to accommodate a Building.
C3.2 Permitted uses
The following uses are permitted in the district:
C3.2.1 Private recreational activities which do not require the existence of
a Building on site.
C3.2.2 Recreational vehicles shall not be parked in this district.
C3.3 Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
[None currently listed]
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C4.
Regulations for the Park district
C4.1 Permitted uses
The following uses are permitted in the Park district:
C4.1.2
parks and recreation areas,
C4.1.2
public Buildings, and
C4.1.3
Buildings and uses accessory to the above uses.
C4.2 Other regulations
The Development Authority may impose such regulations as necessary to ensure that
public parks are developed to a high standard and are compatible with adjacent
Dwellings.
C5.
Regulations for the Direct Control District (Amended by Bylaw 2025-02)
C5.1 Purpose
The purpose of the Direct Control District is to enable the conservation of
environmentally significant lands for environmental stewardship and low-impact
recreational purposes.
All buildings and developments are discretionary uses and subject to the discretion of the
Summer Village of Silver Beach Council.
C5.2 Permitted uses
The following uses are permitted in the Direct Control District
C5.2.1
conservation management (including vegetation and tree stand
management).
C5.3 Discretionary Uses
The following uses may be allowed at the discretion of Council:
C5.3.1
a maximum of 1 single detached dwelling within the portion of the land
not subject to a conservation easement, restrictive covenant, or other
lawful means of ensuring the responsible conservation of environmentally
significant lands within the Direct Control District
C5.3.2
publicly accessible low impact trails and viewpoint, at the discretion of the
owner or by agreement with the municipality
C5.3.3
building and uses accessory to a single detached dwelling and other
discretionary uses
C5.3.4
other uses, at the discretion of Council.
C5.4 Development Setbacks from Pigeon Lake
C.5.4.1
The minimum development setback from the legal bank of Pigeon Lake,
water bodies, watercourses, and wetlands shall be:
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a. 30.0 m (98.4 ft); or
b. as determined by Council, following their consideration of:
i.
Recommendations from a qualified professional provided by
the development proponent;
ii.
A site-specific setback analysis undertaken by a qualified
consultant based on methods prescribed in the Government of
Alberta's Stepping Back from the Water: A Beneficial
Management Practices Guide for New Development Near
Water Bodies in Alberta's Settled Region; and
iii.
The Government of Alberta's Recommended Guidelines for
Setbacks chart.
C5.4.2
However, in no instance shall the minimum development setback be less
than 20.16 m (6 6.14 ft.).
C5.5 Single Detached Dwelling and Conservation Area
C5.5.1
Prior to or in conjunction with the first Development Permit submission
for a single detached dwelling, a site conservation plan prepared by a
qualified professional biologist shall be submitted to Council providing:
a. An analysis of the site and vegetation features, an allocation of the
property for conservation versus private dwelling, secondary
structures, amenity areas, utility corridors and lake access;
b. An outline of ongoing management requirements of the portions of the
site to be conserved;
c. Potential low impact public access development locations and a
management plan; and
d. A guest house, if any, within a building accessory to the single
detached dwelling.
C5.6 Geotechnical Report
C5.6.1
Given the steep eroding shoreland of this property, combined with
potential unstable underlying surficial geology, a slope stability and
building set back analysis must be provided by a qualified geotechnical
engineer to Council, along with the engineer's recommendations relative
to a proposed main dwelling on an elevated location near the lake,
including:
a. a recommended setback from the lake; and
b. building practices and site development guidance
c. to ensure the integrity of both the building foundations and the steep
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slopes of the lakeshore.
C5.7 All Other Regulations
C5.7.1
No new lots shall be created by subdivision unless required for the
purposes of ensuring the responsible conservation of environmentally
significant lands within the Direct Control District.
C5.7.2
A maximum of 1 driveway shall be allowed.
C5.7.3
A maximum of 1 lake access may be developed within the Direct Control
District.
C5.7.4
The clearing of tree stands are to be limited to buildings, access and
amenity areas with related vegetation management to reduce fire risk.
C5.7.5
All other development regulations shall be as determined by Council.
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Index of Key Words
Abut....................................................................................................................................4
Abutting......................................................................................................................4, 12, 19
Accessory Building ...................................................................................................................................3, 4, 18, 19, 22
Amendments.........................................................................................................................15
Appeal
..................................................................................................................................................9,14,15
Time to File Valid Appeal ..............................................................................................................................10
Application for Development Permit
Required Documents ....................................................................................................................................8-9
Application to Change Land Use Districts ...................................................................................................................12
Boathouses
..........................................................................................................................................3, 17, 18, 21
Building.....................................................................................................................5
Building Height
Reference Grade ...............................................................................................................................................4
Contravention......................................................................................................15
Decision of Appeal Board .............................................................................................................................................11
Decks
..........................................................................................................................................................18
Derelict Automobiles ....................................................................................................................................................16
Development Authority ............................................................................3, 6, 7, 8, 9, 10, 11, 12, 15, 17, 18, 21, 22, 24
Development Permit Not Required .................................................................................................................................7
Discretionary Use ..........................................................................................................................................3, 17, 22, 24
District
Camp
......................................................................................................................................................6, 22
Map
..........................................................................................................................................................14
Non-Residential Recreation ........................................................................................................................6, 24
Park
......................................................................................................................................................6, 24
Regulations for All Districts ...........................................................................................................................15
Residential ..................................................................................................................................................6, 17
Diversion of water .........................................................................................................................................................15
Drainage
..........................................................................................................................................................15
Encroachments......................................................................................................21
Encroachment into Setbacks .........................................................................................................................................18
Evidence
..........................................................................................................................................................11
Existing................................................................................................................5
Existing Buildings .................................................................................................................................................3, 8, 12
Fees
................................................................................................................................................8, 12, 15
Fences
..........................................................................................................................................................16
No Requirement for Development Permit ........................................................................................................7
Fencing.............................................................................................................................19
Finished Grade..................................................................................................................6
First Storey
............................................................................................................................................................5
Floor Area
..........................................................................................................................................................22
Garage
................................................................................................................................................4, 18, 22
Garages
Grade
....................................................................................................................................3, 4, 5, 8, 18, 21
Grading
..........................................................................................................................................................15
Guest Houses
..........................................................................................................................................................17
Height
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Boathouses ......................................................................................................................................................21
Buildings .........................................................................................................................................................21
fence
..........................................................................................................................................................16
Sheds
............................................................................................................................................................8
Home Business ......................................................................................................................................................4, 17
Lot Coverage............................................................................................................25
Main Building
............................................................................................................................................3, 4, 17, 19
Maintenance
............................................................................................................................................................8
Metric
..........................................................................................................................................................12
Mobile Home
Modular home
Modular homes
Moved-in Buildings
Non-Conforming ............................................................................................................................................................8
Notice
..........................................................................................................................................................10
Partition Changes ............................................................................................................................................................8
Permitted Use
......................................................................................................................................................5, 11
Play structures
............................................................................................................................................................8
Posters and billboards .....................................................................................................................................................7
Public Park
Rear
Real Property Report .................................................................................................................................................8, 21
Recreational Vehicle .................................................................................................................................4, 5, 17, 21, 22
Recreation Vehicles
Refusal to issue Development Permit .............................................................................................................................9
Repair
............................................................................................................................................................7
Non-Conforming Buildings ..............................................................................................................................8
Saunas
..........................................................................................................................................................17
Screen
..........................................................................................................................................................16
Sewer
Sheds
......................................................................................................................................................8, 17
Signs
................................................................................................................................................7, 15, 16
Site Coverage
..........................................................................................................................................................21
Storey
............................................................................................................................................4, 5, 18, 21
Subdivision and Development Appeal Board ...........................................................................................................7, 11
Temporaru
Valid appeal
..........................................................................................................................................................10
Voiding of Development Permit ...................................................................................................................................10
Yards and Setbacks .......................................................................................................................5, 6, 7, 8, 9, 17, 18, 22
Relaxation .................................................................................................................................................................9, 18