Development Control Bylaw No. 2016-01

Ebenezer, Saskatchewan

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VILLAGE OF EBENEZER BYLAW NO. 2016-01 A BYLAW TO ESTABLISH DEVELOPMENT CONTROL GUIDELINES The Council of the Village of Ebenezer in the Province of Saskatchewan enacts as follows: 1. Introduction 1. This bylaw shall be known as the "Development Control Bylaw for the Village of Ebenezer." 1.1. This bylaw applies to the entire area of the Village of Ebenezer. 1.2 No person shall carry out any development within the Village of Ebenezer without the written permission of the Council of the Village of Ebenezer. 1.3 All conditions of approval for development under this bylaw shall be consistent with any provincial land use policies and statements of provincial interest. 2. Administration 2.1 Before undertaking any development, a person shall request approval from the council for the proposed development, unless the development is specifically exempted by any federal or provincial act or this or any other bylaw of the village of Ebenezer. 2.2 The request shall be a written application on a form as required by the administrator, and shall include such attachments as required to provide information required by this bylaw, or otherwise necessary to make a decision on the application. 2.3. Where a person requests permission for a development that is exempt from the provisions of this bylaw, the administrator shall advise the person in writing that the development may proceed. 2.4 Council may by resolution: a) approve the application as submitted; b) approve the application subject to conditions and specific standards; or c) refuse the application. 2.5 The notice of decision shall be issued by the administrator. All conditions specified by council or by the administrator pursuant to a delegation of authority by Council, shall be attached. 2.6 If an approved development, for which a permit has been issued, is not in progress within twelve months from the date of issue, the approval is deemed to be expired and the permit invalid. 2.7 Where a person wishes to vary the development from the application as approved, with or without conditions, the person must submit a new application and obtain a new permit providing for the variation, before the variation is made. 2.8 Subject to section 2.9, where a decision is not made upon an application within 60 days of submission to the administrator, the application is deemed refused and may be appealed to as if it were refused. 2.9 The period for a decision may be extended by mutual agreement between the Council and the applicant. 3. Types of Development 3.1 Subject to section 3.2, the approval of Council is hereby given to the following developments, and no application for permission or issuing of a permit is required: a) the maintenance or repair to any single detached dwelling, excluding an addition to the building; b) repairs and maintenance of any building not including any structural alteration; c) the planting, management, and harvesting of lawns and gardens; d) an accessory structure less than 100 square feet in area; e) the installation, repair, and maintenance of a public utility or f) the installation of any facility by the municipality. 3.2 All developments pursuant to section 3.1 shall be subject to the following: a) every development shall have physical and legal access to a municipal road; b) no building may be located closer than 4 m to the front lot line (24 feet from the center of the road by the front lot line); c) no fence greater than 4 feet above grade may be located in any front yard and d) no building shall be located closer than 4 feet to any other property line. e) where a person wishes to develop any structure which does not meet the requirements of this section, an application to council is required. 3.3 Council has the authority to decide upon the following developments and to apply conditions to any approval: a) a single detached dwelling on an existing residential site; b) a single detached dwelling on an existing vacant parcel; c) the redevelopment of an existing building not involving any increase in size of buildings; d) an accessory building or structure to an existing use on the same parcel. 3.4 No trailer or modular home will be allowed on any site in the Village of Ebenezer without a motion of approval by Council. Existing mobile homes will be exempted until removed or torn down. 3.5 The conditions that may apply include the following: a) minimum separations of a building to a front site line; b) minimum separations of a building to any other street; c) minimum separation of a building to any property site line; d) minimum or maximum size of buildings and other structures; e) separations to hazardous uses in the area; f) requirements for connecting to existing municipal water and sewer systems; g) requirements for the location of access to any street; h) requirements for the location of structures with respect to flood prone or environmentally hazardous lands and i) requirements that will make the development consistent with a proposed provision in a draft official community plan or zoning bylaw that has been accepted by council at the time of decision. 4. Decision Criteria 4.1 Every development shall have physical and legal access to a municipal road. 4.2 The proposed development shall be environmentally suitable to the proposed site. 4.3 The proposed development will not conflict with adjacent land uses, in a manner that Council considers unacceptable. 4.4 The proposed development will be consistent with any Official Community Plan or Zoning Bylaw that is currently in effect or under consideration by Council. 5. Appeals 5.1 An applicant who is refused a development permit may, within thirty days of the issuance of a refusal by Council or by the administrator, appeal the refusal to the Saskatchewan Municipal Board. 5.2 An applicant who has been granted an approved permit with conditions or standards may, within thirty days of the issuance of the permit, appeal any conditions or standards attached to the approval to the Saskatchewan Municipal Board. 5.3 Within thirty days of a deemed refusal pursuant to Sections 2.8 and 2.9, an applicant may appeal the deemed refusal to the Saskatchewan Municipal Board. 5.4 Any notice of refusal or permit with conditions issued shall inform the applicant of the right of appeal and the name, address and contact information of the Secretary of the Saskatchewan Municipal Board. The Saskatchewan Municipal Board's office and hearing room are located at:480-2151 Scarth StreetREGINA, SK S4P 2H8 General inquiries:Phone: (306) 787-6221Fax: (306) 787-1610 or Requests for information and inquiries can be emailed to: [email protected] 4. This bylaw shall come into effect April 1, 2016. Seal ________________________________________ Mayor - Braden Ferris ________________________________________ Administrator - Joyce Palagian A certified true copy of Bylaw No. 2016-01 passed by Council of the Village of Ebenezer on the 17th day of May, 2016. _______________________________ Administrator