City of Melville Zoning Bylaw (Consolidated to September 7, 2021)
Melville, Saskatchewan
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The City of Melville
Zoning Bylaw
City of Melville
CONFIDENTIALITY AND © COPYRIGHT
This report was prepared by Associated Engineering (Sask.) Ltd. for the account of the City of Melville. The material in it reflects
Associated Engineering (Sask.) Ltd.'s best judgement, in light of the information available to it, at the time of preparation. Any use
which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third
parties. Associated Engineering (Sask.) Ltd. accepts no responsibility for damages, if any, suffered by any third party as a result of
decisions made or actions based on this report.
CONSOLIDATED COPY
Includes:
Bylaw No. 24/2013
Bylaw No. 16/2015
Bylaw No. 18/2016
Bylaw No. 20/2018
Bylaw No. 25/2013
Bylaw No. 17/2015
Bylaw No. 03/2017
Bylaw No. 07/2019
Bylaw No. 13/2014
Bylaw No. 19/2015
Bylaw No. 12/2017
Bylaw No. 15/2019
Bylaw No. 14/2014
Bylaw No. 26/2015
Bylaw No. 13/2017
Bylaw No. 19/2019
Bylaw No. 15/2014
Bylaw No. 27/2015
Bylaw No. 14/2017
Bylaw No. 07/2020
Bylaw No. 28/2014
Bylaw No. 01/2016
Bylaw No. 05/2018
Bylaw No. 15/2021
Bylaw No. 35/2014
Bylaw No. 04/2016
Bylaw No. 14/2018
Bylaw No. 07/2015
Bylaw No. 05/2016
Bylaw No. 16/2018
Bylaw No. 08/2015
Bylaw No. 15/2016
Bylaw No. 19/2018
City of Melville
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Table of Contents
1. Introduction
1
1.1
Authority
1
1.2
Title
1
1.3
Purpose
1
1.4
Scope
1
1.5
Severability
1
2. Definitions
2
3. Administration
10
3.1
Development Officer
10
3.2
Development Permit
10
3.3
Development Permit Application
Requirements
10
3.4
Referral to Council
11
3.5
Issue of Permits
11
3.6
Discretionary Use Development
Process
12
3.7
Limitations on Discretionary Use
Approvals
12
3.8
Development Appeals
13
3.9
Fee for Zoning Amendment
Application
13
3.10 Fee for Development Permits
14
3.11 Discretionary Use Application
Fees
14
3.12 Minor Variances
14
3.13 Offences and Penalties
14
4. General Regulations
15
4.1
Licenses, Permits, and Compliance
with Other Bylaws and
Legislation
15
4.2
Non-Conforming Buildings, Sites
and Uses
15
4.3
Frontage on a Road
15
4.4
Established Building Lines
15
4.5
Number of Principal Buildings
Permitted on a Lot
16
4.6
Building to be Moved
16
4.7
Demolition of Buildings
16
4.8
Grading and Leveling of Lots
16
4.9
Water Supply & Waste Disposal 16
4.10 Geotechnical Analysis
16
4.11 Required Yards and Open Space 17
4.12 Accessory Buildings and
Structures
18
4.13 Outdoor Storage
19
4.14 Fences and Hedges
19
4.15 Railway Crossings and Site
Lines
19
4.16 Solid and Liquid Waste
19
4.17 Off-street Parking
19
4.18 Cash in lieu of Parking
22
4.19 Off-street Loading
22
5.
Special Provisions
23
5.1
Discretionary Uses
23
5.2
Home Based Businesses
23
5.3
Bed and Breakfast
24
5.4
Secondary Suites
24
5.5
Residential Care Homes
25
5.6
Family Child Care Homes
25
5.7
Modular Homes and RTMs
26
5.8
Rooming Houses
26
5.9
Service Stations & Gas Bars
26
5.10 Drive-in Business
26
6.
Zoning Districts
27
Schedule A: Urban Holding District (UH) 29
Schedule B: Residential District (R1)
31
Schedule C: Residential District (R2)
34
Schedule D: Residential Mobile Home
District (RMH)
38
Schedule E: Community Services
District (CS)
40
Schedule F: Central Commercial
District (C1)
42
Schedule G: Highway Commercial
District (C2)
45
Schedule H: Industrial District (M)
47
7.
Effective Date of the Bylaw
50
Appendix A - Zoning Map
City of Melville
1
Introduction
1.1
AUTHORITY
Under the Authority of The Planning and Development Act, 2007, the Mayor and Council of the City
of Melville in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2
TITLE
The Bylaw shall be known and may be cited as the "Zoning Bylaw" of the City of Melville.
1.3
PURPOSE
1.3.1
The purpose of this Bylaw is to regulate development and to control the use of land in the
City of Melville in accordance with the City of Melville Official Community Plan Bylaw
03/2013.
1.3.2
The intent of this Bylaw is to provide for the amenity of the area and for the health, safety and
general welfare of the inhabitants of the City:
a. to minimize land use conflicts
b. to establish minimum standards to maintain the amenity of the City
c. to ensure development is consistent with the physical limitations of the land
d. to restrict development that places undue demand on the City's infrastructure.
1.4
SCOPE
Development shall hereafter be permitted within the limits of the City of Melville only when in
conformity with the provisions of this Bylaw.
1.5
SEVERABILITY
If any section, clause or provision of this Bylaw, including anything shown on the Zoning Map, is for
any reason declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the Bylaw as a whole or in part, other than the section, clause or provision, including
anything shown on the Zoning Map, declared to be invalid.
1
City of Melville
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Definitions
Whenever in this Bylaw the following words or terms are used, unless the context provides otherwise,
they shall have the following meaning:
Amending Bylaw No. 07/2019
Abbatoir - slaughterhouse; a place where animals are slaughtered for food.
Accessory Use - a use customarily associated with, incidental to, and subordinate to, the principal
use, building or structure, and located on the same lot with such principal use, building, or structure.
Act - The Planning and Development Act, 2007, as amended from time to time.
Administrator - the City Manager of the City of Melville.
Alteration - any structural change or addition to a building or structure, and includes a change from
one type of use to another.
Ancillary Use - a secondary and subordinate use to the principal use, which is specifically allowed,
and may include an associated building that is specifically allowed pursuant to this Bylaw.
Apartment - a building divided into three or more dwelling units, unless otherwise defined, each of
which is occupied or intended to be occupied as the permanent home or residence, not including a
hotel, motel, or rooming house.
Amending Bylaw No. 07/2019
Barrier Fence - a barrier around the property that prevents an individual to see through and
keep the contents behind the fence hidden.
Bed and Breakfast - a facility in a single detached dwelling, licensed as an itinerant use
accommodation under The Public Accommodation Regulations, in which overnight accommodation
within the dwelling unit, along with one meal served before noon, is provided to the travelling public
for a charge.
Building - a structure constructed or placed on, in or over land but does not include a public highway.
Building, Accessory - a subordinate building detached from a principal building, located on the
same lot, the purpose of which is to enclose a use accessory to or part of the principal use.
Building Bylaw - a Bylaw of the City of Melville regulating the erection, alteration, repair, occupancy,
or maintenance of buildings and structures.
Building Height - the vertical distance measured from grade level to:
a. the highest point of a flat roof
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b. the mean level between the top of the highest exterior wall plate and the ridge of a pitched
roof.
Building Line, Established - the average distance from the street line to the main wall of existing
buildings on any side of any block where more than half the frontage of the block has been built on.
Building Permit - a permit issued under the Building Bylaw of the City of Melville, authorizing the
construction of all or part of any building or structure.
Building, Principal - a building within which the principal use of the lot is housed or conducted.
Amending Bylaw No. 07/2019
Butcher - a person whose trade is cutting, packaging and selling meat in a shop.
Carport - a building or structure or part thereof, where at least 40% of the area of the perimeter is
open and unobstructed by a wall, door, post or pier and which is used for the parking or storage of
motor vehicles.
Amending Bylaw No. 14/2018
Cannabis - cannabis as defined in The Cannabis Act (Canada).
Amending Bylaw No. 14/2018
Cannabis Production Facility - the federally licensed large-scale growing of cannabis plants
and harvesting material from those plants, or the large-scale manufacturing, packaging and
labelling of cannabis products destined for sale to consumers, and the intra-industry sale of
these products, including to provincially authorized distributors, or both.
Amending Bylaw No. 14/2018
Cannabis Retail Outlet - the premises specified in a retail cannabis permit where the retail sale
of cannabis is authorized by The Cannabis Control Act (Saskatchewan). This includes the
sales of dried cannabis, cannabis plant seeds, cannabis plants, fresh cannabis, edibles
containing cannabis, and cannabis concentrates.
Car Wash - a building or portion of a building which is used for the washing of vehicles, including full
service, automatic and hand operated facilities.
Cemetery - property used for the internment of the dead and may include facilities for the storage of
ashes of human remains that have been cremated.
City - the City of Melville.
Community Centre - a facility operated by the Municipality or a non-profit organization for meetings,
recreational activities and similar uses and open to the general public.
Council - the Council of the City of Melville.
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Day Care Centre - a facility providing for the care, supervision and protection of children (or adults)
but does not include the provision of overnight supervision.
Development - the carrying out of any building, engineering, mining or other operations, in, on, or
over land, or the making of any material change in the use or the intensity of the use of any building
or land.
Development Permit - a document issued by the Development Officer of the City of Melville that
authorizes development pursuant to this Bylaw, but does not include a building permit.
Discretionary Use - a use or form of development that may be allowed in a zoning district following
application to, and approval of the Council; and which complies with the development standards, as
required by Council, as contained in this Bylaw.
Dwelling - a building or part of a building intended for residential occupancy.
Dwelling Unit - one or more rooms that may be used or intended to be used as a residence, each
unit having sleeping, cooking, and toilet facilities.
Dwelling Unit Group - two or more single detached, semi-detached or multiple unit dwellings located
on a single lot.
Dwelling, Duplex - a building that is divided horizontally into two dwelling units.
Dwelling, Multiple Unit - a building divided into three or more dwelling units as defined here and
shall include, amongst others, town or row houses and apartments as distinct from a rooming house,
hotel or motel.
Dwelling, Semi-Detached - a building that is divided vertically with a common party wall with no
openings which separates the entire structure into two dwelling units with separate exterior entrances
for each unit.
Dwelling, Single Detached - a building containing one dwelling unit as defined here; and occupied
or intended to be occupied as a permanent home or residence, but does not include a mobile home,
or modular home.
Dwelling, Townhouse (Row Housing) - a building divided vertically into three or more attached
dwelling units with common side walls under one roof, each having a separate exterior entrance.
Family Child Care Home - a child care facility located in a building where the principal use is a
dwelling unit, and pursuant to The Child Care Act.
Floor Area - the maximum habitable area contained within the outside walls of a building, excluding
in the case of a dwelling, any private garage, porch, veranda, sunroom, unfinished attic, or unfinished
basement.
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Foundation - as per the National Building Code of Canada 2015.
Frontage - the length of the front lot line.
Garage, Private - a building or part of a building or a carport used or intended to be used for the
storage of motor vehicles for each dwelling unit to which the garage is accessory and wherein neither
servicing nor repairing of such vehicles is carried on for remuneration.
Garage, Public - a building or part of a building other than a private garage, operated for
remuneration, and which is used for the storage, care, repair, servicing, or equipping of motor
vehicles.
Gas Bar - a commercial facility predominately for the sale of gasoline, diesel and propane, and may
offer the sale of other petroleum products, vehicle accessories, fast foods, dry goods and groceries.
Grade Level - the average elevation of the finished surface of the ground adjacent to the exterior
walls of the building or structure.
Gross Floor Area - the total floor area in a principal building or structure measured between the
exterior faces of the exterior walls of the building or structure at the level of each storey below, at and
above grade, excluding attics, balconies, boiler rooms, electrical or mechanical rooms, and basement
areas used exclusively for parking or storage.
Home Based Business - a business, occupation, trade, profession, craft or an office for the
administration of an off-site business, customarily conducted for gain entirely within a residential
building or accessory building by the residents, and where the use is clearly ancillary and secondary
to the residential use and does not change the character of the dwelling nor create a public nuisance
as a result of noise, traffic, pollution or parking.
Hotel - building or structure or part of a building or structure where sleeping accommodations are
provided for tourists and travelers, and where a guest register is kept, but does not include a motel or
rooming house.
Lane - a secondary public thoroughfare intended primarily to give access to the rear or side of the
abutting property.
Lot (Site) - an area of land with fixed boundaries under the same ownership and which is on record
with the Information Services Corporation (ISC) by Certificate of Title.
Lot Line, Front - the boundary that divides the lot from the street, in the case of a corner lot, the front
lot line shall mean the boundary separating the narrowest street frontage of the lot from the street.
Lot Line, Rear - the boundary at the rear of the lot and opposite the front lot line.
City of Melville
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Lot Line, Side - a lot boundary other than a front or rear lot line.
Mayor - the Mayor of the City of Melville.
Minister - the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Mobile Home - a trailer coach that is used as a dwelling for a permanent or year round living; has
water faucets, wash basin, a shower or bathtub, and a toilet that may be connected to a water
distribution and sewage collection system; and which is certified by the manufacturer to comply with
the Canadian Standards Association Code CSA-Z240 and is not more than fifteen years old.
Mobile Home, Double Wide - a mobile home consisting of two sections, separately towable, but
designed to be joined together into one building.
Mobile Home, Single Wide - a mobile home designed to be towed as a single load and less than
6.71 metres wide.
Mobile Home Lot - a lot or piece of land for the placement of a mobile home for the exclusive use of
its occupants.
Mobile Home Park - any lot of land on which two or more occupied mobile homes are located and
includes any structure used or intended to be used as part of the equipment of such mobile home
park, but does not include an industrial or construction camp or tourist campsite.
Mobile Home Subdivision - any residential subdivision of land containing lots for the purpose of
accommodating mobile homes in such a manner that each mobile home is situated on its own lot and
in which all such lots, public open spaces, internal streets, and lanes buffer zones and other amenity
areas form a contiguous area of development.
Modular Home -a single detached or multi-unit, single level or multi-storey dwelling unit comprised of
one or more factory built sections. It must be designed and manufactured in full compliance with the
National Building Code and CAN/CSA-277-08 Procedure for Factory Certification for Buildings.
Compliance can be confirmed by an inspection agency accredited by the Standards Council of
Canada for purposes of inspecting CSA A277 Procedure for Factory Certification of Buildings and is
not more than fifteen years old.
Motel - a building or group of buildings on a lot designed and operated to provide individual rental
units for the use of the traveling public, each unit containing at least a bedroom and bathroom and
providing convenient access to a parking space for the use of the occupants of the unit.
Non-Conforming Building - a building:
a. that is lawfully constructed or lawfully under construction or with respect to which all required
permits have been issued, at the date the Zoning Bylaw or amendment to the Zoning Bylaw
City of Melville
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affecting the building or land on which the building is situated or will be situated becomes
effective
b. that on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective
does not, or when constructed will not, comply with the Zoning Bylaw.
Non-Conforming Site - a lot, consisting of one or more contiguous parcels, that on the date the
Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective, contains a use that
conforms to the Zoning Bylaw, but the lot area or lot dimensions do not conform to the standards of
the Zoning Bylaw for that use.
Non-Conforming Use - a lawful specific use:
a. being made of land or a building or intended to be made of land or of a building lawfully under
construction, or with respect to which all required permits have been issued, at the date the
Zoning Bylaw or any amendment to the Zoning Bylaw affect the land or building becomes
effective
b. that on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective
does not, or in the case of a building under construction or with respect to which all required
permits have been issued will not, comply with the Zoning Bylaw.
Parking Lot - an open space, other than a street, used for the temporary parking of more than four
vehicles and available for public or private use.
Parking Space - a space within a building or parking lot with convenient access to a public lane or
street , for the parking of one automobile, which shall be no less than 2.7m in width.
Permitted Use - a use of land or buildings or form of development that is prescribed in the Zoning
Bylaw as a use that is allowed on a parcel.
Personal Service Establishment - a building or part of a building in which persons are employed in
the provision of personal services to an individual which are related to the care and appearance of
the body, or the cleaning and repair of personal effects, but excludes any adult or sexually explicit
services.
Amending Bylaw No. 19/2018
Pre-Existing - Any building and/or structure that existed prior to the adoption of this Zoning
Bylaw
Public Utility - a government, municipality or corporation under Federal or Provincial statute which
operates a public work.
Public Work - means:
a. systems of the production, distribution or transmission of electricity
b. systems for the distribution, storage or transmission of natural gas or oil
c. facilities for the storage, transmission, treatment, distribution or supply of water
d. facilities for the collection, treatment, movement or disposal of sanitary sewage or garbage
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e. microwave, cell phone, radio and television tower communication facilities
f.
telephone, internet, cable television, optical cable or light distribution or transmission lines
g. facilities for the collection storage, movement and disposal of storm drainage.
Ready to Move (RTM) Home - a single detached or multi-unit, single level or multi-storey dwelling
unit comprised of one or more factory built sections. It must be designed and manufactured in full
compliance with the National Building Code with inspection report for framing, insulation, and vapor
barrier from a Licensed Building Official usually based close to where the RTM was built, that must
accompany the home to its final destination.
Recycling and Collection Depot - a building or structure intended to accommodate the collection,
sorting, processing and temporary storage of recyclable household materials such as bottles, cans,
plastic containers, electronics, paper, and paint that would otherwise be considered waste; but does
not include any outdoor processing or storage.
Residential Care Facility - a facility licensed under provincial statute to provide, in a residential
setting, 24 hour long term residential, social, physical or personal care, including accommodation,
meals, supervision, or assistance for persons who have limits on ability for self-care or self-
supervision, and who are unrelated to the operator or owner.
Retail Store - a building or part of a building or place where goods, wares, or merchandise
substances are offered for sale or rent, and may include the manufacturing of products to be sold on
site, provided the gross floor area used for manufacturing does not exceed 25% of the gross floor
area of the retail store.
Rooming House - a building containing more than one rooming unit.
Rooming Unit - a room or rooms for accommodation other than a dwelling unit or other form of
accommodation defined elsewhere in this Zoning Bylaw, with sleeping facilities but without private
toilet facilities.
Secondary Suite - a self-contained dwelling unit which is an accessory use to, and located within, a
detached building in which the principal use is a one unit dwelling.
Service Station - a building or part of a building used for the retail sale of lubricating oils and
gasoline, and which may include the retail sale of motor vehicle accessories, the servicing and repair
of motor vehicles, a restaurant, car wash, fast foods, dry goods, groceries or vehicle sales lot as
accessory uses.
Shopping Centre - a group of permitted and/or discretionary uses located on the same lot in one or
more buildings for mutual benefit including off-street parking and other joint facilities.
Sign - any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly
or indirectly upon the exterior of a building, structure or a piece of land and which identifies or
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advertises any object, product, place, activity, person, organization, or business in such a way as to
be visible to the public on any street or thoroughfare.
Special Care Home - a facility licensed pursuant to The Housing and Special-Care Homes Act,
which provides full-time convalescent or chronic care to persons who, by reason of advanced age,
chronic illness or infirmity are unable to care for themselves, including nursing homes.
Street - a public thoroughfare which affords the principal means of access to the abutting property.
Structure - anything that is built, constructed or erected on, in or over land excluding sidewalks,
pavement, curbs, open ground surface areas or is attached to something located on or in the ground.
Structural Alteration - the construction or reconstruction of the supporting elements of a building.
Tourist Campground - a lot which provides for the location of tents or trailer coaches used by
travellers and tourists for overnight accommodation.
Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in such a manner to permit the occupancy thereof as
a dwelling or sleeping place for one or more person notwithstanding that its running rear is removed
or jacked up.
Units of Measure - units of measure in this Zoning Bylaw are metric abbreviated as follows:
m -
metre
m2 -
square metre(s)
km -
kilometres
ha -
hectare(s)
Yard - any part of a lot unoccupied and unobstructed by any buildings or structures.
Yard, Front - a yard extending across the full width of a lot between the front lot line and the nearest
wall of the principal building or structure on the lot.
Yard, Rear - a yard extending across the full width of a lot between the rear lot line and the nearest
main wall of the principal building or structure on the lot.
Yard, Side - a yard extending from the front yard to the rear yard between the side lot line and the
nearest wall of the principal building or structure on the lot.
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Administration
3.1
DEVELOPMENT OFFICER
The City Manager, including any person acting under the authority, direction and with written consent
of the City Manager, shall be the Development Officer responsible for the administration of this
Bylaw.
3.2
DEVELOPMENT PERMIT
3.2.1
No person shall undertake a development or commence a use unless a development permit
has first been obtained, except as provided in Section 3.2.3.
3.2.2
A development permit cannot be issued in contravention of any provisions of the Zoning
Bylaw or Official Community Plan except as provided in an appeal pursuant to the Act.
3.2.3
A development permit is not required for the following, but all other applicable provisions of
the Zoning Bylaw shall apply:
a. the construction or maintenance of a public work by the municipality or a public utility
b. the installation of a public work on any street or other public right-of-way by the
municipality
c. a municipal facility installed and operated by the municipality
d. maintenance and repairs that do not include structural alterations
e. accessory buildings and structures less than 9.3 m2 in area
f.
a temporary building, the sole purpose of which is incidental to the construction or
alteration of a building for which a building permit has been granted.
3.2.4
A building permit shall not be issued unless a development permit, where required, has also
been issued.
3.2.5
If the development or use authorized by a development permit is not completed within twelve
months from the date of issue of a permit, the permit is deemed void unless an extension has
been granted by the Development Officer for a permitted use or by Council for a discretionary
use, prior to expiry.
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
The application for a development permit shall be made to the Development Officer, on a
prescribed form, in accordance with the requirements of this Zoning Bylaw.
3.3.2
Two copies of a site or building plan, drawn to scale, shall accompany the application
showing dimensions, and locations of existing and proposed buildings and structures as well
as all site lines. Where no new construction is proposed the applicant shall supply a written
description and/or drawings of the proposed development in place of such plans.
3
City of Melville
11
3.3.3
Where the application is for a discretionary use the applicant shall, in addition, provide a
written description of the proposed development, describing the intended use and operations,
structures to be located on the site, required municipal services, and any other information
that Council determines is necessary to fully review the proposed development.
3.4
REFERRAL TO COUNCIL
The Development Officer may submit any application to Council for a decision on the interpretation of
the Zoning Bylaw, or upon special conditions provided for in this Bylaw, and shall inform the applicant
of the date and time when Council will consider the matter. Council or the Development Officer may
require the applicant to provide further information necessary to render a decision.
3.5
ISSUE OF PERMITS
3.5.1
Upon completion of the review of an application for development, the Development Officer
shall:
a. for a permitted use, issue a development permit for a development that complies in all
respects with the requirements of the Zoning Bylaw, the Official Community Plan and the
Act, incorporating any special regulations, performance standards or development
standards as authorized by the Zoning Bylaw
b. for a permitted use, issue a refusal, where the application does not comply with a
provision or regulations of the Zoning Bylaw, stating the reason for refusal and advising
the applicant of the right to appeal
c. issue a refusal, where the application is for a use that is not provided for in the District in
which the property is located
d. where an application is made for a development permit with respect to a development of
a discretionary use which has been approved by Council, the Development Officer shall
issue a development permit subject to any specified development standards and time
limits prescribed by Council pursuant to Section 56 of the Act.
3.5.2
Every decision of the Development Officer with respect to an application for a development
permit shall be in writing and a copy of the decision shall be sent to the applicant.
3.5.3
The Development Officer may revoke or suspend a development permit where an approved
development is not being developed in accordance with the provisions of the Zoning Bylaw,
or in accordance with the standards and conditions specified in the development permit. The
development permit shall not be reissued or reinstated until all deficiencies have been
corrected.
3.5.4
The Development Officer shall give the reasons in writing for denying or revoking a
development permit.
3.6
DISCRETIONARY USE DEVELOPMENT PERMIT PROCESS
3.6.1
Applicants must file with the Development Officer a development permit application in
accordance with Section 3.3.
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3.6.2
The Development Officer will examine the application for conformance with the Official
Community Plan, the Zoning Bylaw, and any other applicable policies and regulations.
3.6.3
The Development Officer may request comments from other government agencies or
interested groups that may be considered appropriate.
3.6.4
The Development Officer will set a date for the meeting at which the application will be
considered by Council and will give written notice by ordinary mail to assessed owners of
property within a 75 m radius of the boundary of the application.
3.6.5
The Development Officer will prepare a report for Council concerning the application
including recommendations of conditions that may be applied to an approval.
3.6.6
Council shall consider the application along with the recommendations of the Development
Officer, and any written or verbal submissions received by Council.
3.6.7
Council shall make a decision on a discretionary use, by resolution, that approves or refuses
the discretionary use on that lot, and that instructs the Development Officer to:
a. issue a development permit incorporating any specific development standards set forth
by Council, where the development will comply with the standards of the Zoning Bylaw,
subject to the limitations of Section 56 of the Act and advising the applicant of any right of
appeal that he/she may have
b. issue a development permit incorporating any specific development standards set forth
by Council, where the applicant submits an amended application so that the development
will comply with the standards of the Zoning Bylaw, subject to the limitations of Section
56 of the Act and advising the applicant of any right of appeal that he/she may have
c. issue a notice of refusal to the applicant, stating the reasons for the refusal, and advising
the applicant of any right of appeal that he/she may have.
3.7
LIMITATIONS ON DISCRETIONARY USE APPROVALS
3.7.1
Validity of Discretionary Permits
A new discretionary use approval is required from Council where Council has previously
approved a discretionary use, or a specific discretionary intensity of use and:
a. the use ceased and was replaced by another use
b. the use ceased for a 12 month period or more
c. the use is not started within 6 months of completion of the building required for the
approved use
d. a use requiring a construction of a building is not started within 12 months
e. the applicant applies to increase the specifically approved intensity of use.
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3.7.2
Time Limited Discretionary Use
Where Council has approved a discretionary use for a limited time as provided in the Bylaw,
and that time has expired, that use of land or use of buildings on that property shall cease
until such time as Council gives a new discretionary use approval and a new development
permit is issued.
3.8
DEVELOPMENT APPEALS
3.8.1
Council shall appoint a Development Appeals Board in accordance with Sections 213 to 227
of the Act.
Amending Bylaw No. 07/2019
3.8.2
A person who wishes to appeal to the Development Appeals Board shall within 30
days of receiving the permit or refusal, file a written notice of intention to appeal with
the secretary of the Board, together with a sum of not more than $300.00 that the
Board may specify to be applied to the expenses of the appeal.
3.8.3
The Development Appeals Board has the powers given by the Act to allow variances to the
standards of the Zoning Bylaw, including standards and conditions specified for a permitted
use or a discretionary use.
3.8.4
Nothing in this Section allows a Development Appeals Board to vary a refusal to grant a use,
or an appeal for a use or intensity of use not permitted in a Zoning District.
3.8.5
Nothing in this Section allows a Development Appeals Board to vary a refusal by Council to
approve a discretionary use or intensity of a discretionary use provided for in the Zoning
Bylaw for a Zoning District.
3.8.6
An application for a development permit for a permitted use shall be deemed to be refused
when the Development Officer has not issued a decision more than 40 days from the date
the application was received by the Development Officer in its complete and final form. An
appeal may then be made as though the application had been refused at the end of 40 days.
3.9
FEE FOR ZONING AMENDMENT APPLICATION
Amending Bylaw No. 07/2019
3.9.1
Where a person requests Council to amend the Official Community Plan or Zoning
Bylaw, that person shall pay to the Municipality a non-refundable fee of $300.00,
pursuant to the requirements of Part X of the Act.
3.9.2
Council may undertake any additional public consultations that it considers desirable
respecting a proposed amendment to an Official Community Plan or Zoning Bylaw, at its own
cost.
City of Melville
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3.10
FEE FOR DEVELOPMENT PERMITS
Amending Bylaw No. 07/2019
3.10.1 An applicant seeking approval of a development permit application shall pay to the
Municipality a non-refundable fee of $25.00, except for a development permit related to
trees and shrubs no fee is required.
3.11
DISCRETIONARY USE APPLICATION FEES
Amending Bylaw No. 07/2019
An applicant seeking approval of a discretionary use approval shall pay to the Municipality a
non-refundable fee of $200.00. The application fee relates to application for both discretionary
use approval and issuance of a development permit.
3.12
MINOR VARIANCES
3.12.1 The Development Officer may grant a variance of up to 10% of any yard requirement or
minimum required distances between buildings for a use that is a permitted or discretionary
use as specified in the Zoning Bylaw. All such variations shall be subject to the conditions
and granted in accordance with Section 60 of the Act.
3.12.2 The Development Officer shall maintain a registry of the location and all relevant details of
the granting of such variances.
3.12.3 An application for a minor variance shall be in a form prescribed by the Development Officer
and shall be accompanied by an application fee of $50.00.
3.13
OFFENCES AND PENALTIES
Amending Bylaw No. 07/2019
Any person who violates this Zoning Bylaw is guilty of an offence and liable on summary
conviction to the penalties set forth in the Act. Any person who does not apply for a
development permit and/or building permit will pay double the applicable fee and trees will
have a penalty of $25.00.
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General Regulations
The following regulations shall apply to all Zoning Districts:
4.1
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
4.1.1
Development must comply with the provisions of this Zoning Bylaw, whether or not a permit
has been issued for the development.
4.1.2
Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building regulation Bylaw or any other Bylaw in force within the City of Melville or from
obtaining any license, permission, permit authority or approval required by this or any other
bylaw of the City of Melville. Where provisions in this Zoning Bylaw conflict with those of any
other municipal, provincial, or federal requirements; the higher or more stringent regulations
shall prevail.
4.2
NON-CONFORMING BUILDINGS, SITES AND USES
4.2.1
Where a building has been erected on or before the effective date of this Zoning Bylaw on a
site having less than the minimum dimensions or area, or having less than the minimum
yards required by this Zoning Bylaw, the use may be continued and the building may be
enlarged, reconstructed, repaired or renovated pursuant to the rights granted by Sections 91
to 93 of the Act. These rights are subject to the following:
a. the enlargement, reconstruction, repair or renovation does not further reduce the required
yards that do not conform to this Zoning Bylaw
b. all other applicable provisions of this Zoning Bylaw are satisfied
c. issuing of a development permit required by this Zoning Bylaw.
4.2.2
Where a use or intensity of use is being undertaken for part of a lot or part of a building that
conform to the bylaws in effect before this Zoning Bylaw or before an amendment to this
Zoning Bylaw, that use may be continued. The use may not be enlarged, not relocated, or
the part of the building housing the use may not undergo structural alteration as long as the
use is continued, as provided for in Sections 89 and 90 of the Act. Any portion of the
property or building may undergo development or reconstruction of the building for a use that
does conform to the Bylaw.
4.3
FRONTAGE ON ROAD
No development permit shall be issued unless the lot intended to be used abuts or has frontage on
an existing public road.
4.4
ESTABLISHED BUILDING LINES
Where a front building line in a residential district has been established by existing buildings in a
block and is less than 6.0 m from the street line front yard requirement, the required front yard may
be reduced for new construction as follows:
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City of Melville
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a. where the building is to be constructed it shall not be constructed with a building line less than 4.5
m from the street line
b. existing buildings where legally built are conforming with respect to the established building line.
4.5
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A LOT
Not more than one principal use shall be established and not more than one principal building shall
be placed on any one lot, with the exception of schools, hospitals, recreational facilities, community
centres, shopping centres, special care homes, nursing homes, senior citizen homes, dwelling unit
groups, multiple unit dwellings and mobile home parks.
4.6
BUILDING TO BE MOVED
No building, including, but not limited to any residential, commercial, or industrial building, shall be
moved within or into the area covered by this Zoning Bylaw without first obtaining a development
permit, subject to the standards required for new construction, and to obtaining any other required
municipal or provincial permit.
4.7
DEMOLITION OF BUILDINGS
Amending Bylaw No. 07/2019
No building, residential or otherwise, shall be demolished within the area covered by this
Zoning Bylaw without obtaining a development permit and demolition permit from the
Development Officer.
4.8
GRADING AND LEVELLING OF LOTS
Any lot proposed for development shall be graded and levelled at the owner's expense as is
necessary to provide for adequate surface drainage, which drainage shall not adversely affect
adjacent property.
4.9
WATER SUPPLY AND WASTE DISPOSAL
Amending Bylaw No. 07/2019
4.9.1
Where available, every residence, and every building containing washroom facilities
shall be connected to the municipal sewer and water supply system at the owner's
expense and must comply with the City of Melville's water and sewer bylaws.
4.9.2
Subject to the Acts and Regulations administered by the Ministries responsible for Health and
Environment, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any
stream, creek, river, lake, pond, slough, intermittent drainage channel, or other body of water,
onto any land or into the air.
4.10
GEOTECHNICAL ANALYSIS REQUIRED
If a proposed development is to be located on a lot that may be subject to flooding, earth movement,
or instability, or is otherwise unsuitable for development or hazardous for a proposed use, Council
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may require that a geotechnical report be completed and approved by a Professional Engineer in the
Province of Saskatchewan, as a condition of the issuance of the development permit. The report
shall indicate the suitability of the lot, or lots, for development and any remedial measures required to
ensure suitability or to ensure that the natural resource base is not irreparably altered. Remedial
measures may be specified and conditions in the development permit.
4.11
REQUIRED YARDS AND OPEN SPACE
4.11.1 Minimum Yards Required
No portion of any yard or open space required about any principal building or use shall provide any
portion of a yard or open space for any other principal building or use.
4.11.2 Permitted Projections in Required Yards
The following projections in required yards are permitted subject to the setback or construction
requirements of the National Building Code:
a. In Front Yards:
i.
maximum of 1 m projection of overhanging eaves and gutters
ii.
maximum of 1.8 m projection of canopies, open balconies, open porches, decks, raised
patios, open steps, lighting fixtures, or lamp posts
iii.
maximum of 0.6 m projection of cantilevered bay windows or bow windows, chimney
chases, window sills, or fire escapes
iv.
wheelchair ramps to main floor level
v.
permitted signs.
b. In Rear Yards:
i.
raised patios and unenclosed decks measuring more than 0.6 m in height above grade,
and canopies and balconies, provided they do not project to within 3 m of the rear lot line
ii.
raised patios, unenclosed decks measuring 0.6 m or less in height above grade, having a
projection of not more than 3 m
iii.
cantilevered construction for bay windows, bow windows, chimney chases, gutters, sills,
eaves or fire escapes to a maximum projection of 1 m
iv.
satellite dish, radio tower or television antenna where attached to a principal dwelling have
a maximum projection of 0.6 m
v.
wheelchair ramps to the main floor level.
c. In Side Yards:
i.
fire escapes, chimney chases, sills, belt courses, cornices, eaves and gutters to a
maximum projection of 0.6 m
ii.
walkways and steps measuring less than 0.6 m in height above grade
iii.
wheelchair ramps to main floor level.
d. In All Yards:
i.
Hand rails, uncovered driveways and walkways are permitted in required yards.
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4.11.3 Side Yard Exception
For semi-detached or multiple unit dwellings, no side yard shall be required where dwelling units
share a common party wall.
4.11.4 Yard Reductions for Dwellings on Existing Small Lots
a. where an existing lot has a depth of less than 38.0 m, a front or rear yard may be reduced up to
20% provided that in no instance can the resulting front or rear yard be reduced to less than 4.0
m
b. where an existing lot has a frontage of less than 8.0 m, a side yard may be reduced provided the
resulting distance shall not reduce a side yard to less than 0.2 m
c. construction of walls and openings need to conform to the National Building Code of Canada
2015.
4.11.5 Commercial and Industrial Districts
a. in Commercial and Industrial Districts, the sale or demonstration of goods in the form of a
building or structure, whether temporary or permanent, shall comply with yard requirements
b. in Commercial and Industrial Districts, the sale or demonstration of goods, or signs, whether
temporary, permanent, shall not occupy a required parking stall, loading space, or access aisle.
4.12
ACCESSORY BUILDINGS AND STRUCTURES
4.12.1 Accessory buildings and structures shall be subordinate to and located on the same lot as
the principal building or use, and used in conjunction with that principal use.
4.12.2 Except as specifically provided below, accessory buildings shall comply with the yard
requirements for a principal building. Any accessory building must be located a minimum of
1 m from a principal building and if located in the side yard of the principal building, the side
yard setback shall be a minimum of 0.6 m.
4.12.3 An accessory building or structure shall not be located in a front yard.
4.12.4 In a rear yard, a minimum of 0.6 m from a side site line or from a lane is required.
4.12.5 The total accessory area allowed per lot can be portioned between all accessory buildings on
the lot.
Amending Bylaw No. 01/2016
4.12.6 Any door that could give access for a vehicle to a private garage be not less than 1.2
m (4 ft) from the rear or side property line. An accessory building that is located in a
side yard cannot protrude into the required front yard.
4.12.7 All accessory buildings are not to exceed the height of 5.5 meters from the top of floor
level to the peak of the roof.
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4.12.8 An accessory building of 9.3 m2 in area or less is not subject to setback requirements
provided that they are located completely in the rear of the lot.
4.12.9 Private garages, carports, and accessory buildings attached to a principal building by a
substantial roof structure shall be considered as part of the principal building and subject to
the regulations of the principal building including compliance with all yard requirements of the
principal building.
4.13
OUTDOOR STORAGE
4.13.1 In any Residential District:
a. no yard shall be used for the storage of unlicensed or uninsured motor vehicles, partially
dismantled or inoperative motor vehicles
b. no yard shall be used for the storage of hazardous material
c. outdoor storage is permitted in a side or rear yard only when the goods or material being
stored are clearly accessory and incidental to the principal use.
4.13.2 In Commercial and Industrial Districts, no outdoor storage shall be permitted in the required
front yard of the lot, but this shall not limit the customary display of any goods permitted to be
sold on the lot.
4.14
FENCES AND HEDGES
4.14.1 In Residential Districts, no fence, wall, hedge, or other closed landscaping shall be to a
height of more than 1 m above grade level in any required front yard or more than 2 m above
grade level in any required side or rear yard.
Amending Bylaw No. 07/2019
4.14.2 In Commercial and Industrial Districts, no fence, wall, hedge, or other closed
landscaping shall be to a height of more than 2 meters above grade level in any
required front yard or more than 2 meters above grade level in any required side or
rear yard. Salvage yards must contain a barrier fence around the perimeter of the
property for visibility purposes. For a salvage yard the barrier fence must be a
minimum of 3 meters above grade level and no more than 5 meters above grade level.
Amending Bylaw No. 07/2019
4.14.3 No fence shall be constructed on City of Melville property unless approved by City
Council.
4.15
RAILWAY CROSSINGS AND SIGHT DISTANCES
Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the
same grade, no building or structure shall be erected within 46 meters of the point of intersection of
the centre line of both the railway and the street.
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4.16
SOLID AND LIQUID WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are subject to the following
conditions:
a. the facility will have undergone satisfactory review as required by provincial authorities for
environmental assessment and operational design
b. the facilities will be located a minimum of 300 meters for liquid waste and 457 meters for solid
waste from any residence or recreational use
c. adequate precautions shall be taken to prevent pollution of ground water by disposal operations
d. council may apply special standards for screening, fencing, and reclamation of the site.
4.17
OFF-STREET PARKING
4.17.1 Off-street parking shall be provided in accordance with Table 4.1 below, and associated
regulations. Except where specifically noted, all floor areas represent gross floor areas. One
space is required for each rate unit or part of a unit.
4.17.2 In Residential Districts, off-street parking spaces shall be provided on the site on which the
principal use to which the parking pertains is located.
4.17.3 Required off-street parking spaces in any Commercial District may be located on a separate
site that is within a convenient walking distance to a maximum of 150 m of the principal
building or use, provided such spaces are located within a Commercial or Industrial District.
4.17.4 Pursuant to Section 4.17.3, remote parking within a Commercial or Industrial District is
permitted provided the owner of the principal use site registers an interest on the parking lot
title to ensure that the land remains as a required parking lot in accordance with Section 235
of the Act.
Amending Bylaw No. 15/2014
4.17.5 Notwithstanding the off-street parking requirements in Table 4-1; the Queen Street
Manor located at the intersection of Queen Street and Seventh Avenue shall provide a
minimum of 8 required off-street parking spaces and the Melville Legion Manor located
at the intersection of Queen Street and Sixth Avenue shall provide a minimum of 13
required off-street parking spaces.
Table 4-1
Off Street Parking Requirements
LAND USE
PARKING SPACES REQUIRED (minimum)
Residential
Dwelling unit
1 space per dwelling unit
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LAND USE
PARKING SPACES REQUIRED (minimum)
Modular Home, Ready to Move Home,
Mobile home
1 space per unit
Bed and breakfast homes
1 space per guest room
Secondary Suite
1 space per suite
Community Service
Elementary school
1 space per classroom
High school, collegiate
4 spaces per classroom
Private schools, other educational
facilities
4 spaces per classroom
Hospital
1 space per 2 beds
Special care, residential care, and
nursing home
1 space per 4 client beds
Day care centre
1 space per 20 m2 of floor area
Places of worship, auditoriums,
community centres, private clubs
1 space per 4 fixed seats or 1 space
per 25 m2 for movable seating
Library, museum, cultural institution
1 space per 10 fixed seats or 1 space
per 50 m2 for moveable seating
Public work, public utility
No requirement
Recreational
Ice rink, curling rink,
outdoor playing fields, arena
2 spaces/sheet of ice or playing field
plus 1 space/ 10 fixed seats
Fitness Centre
1 space per 30 m2 of floor area
Parks and playgrounds
No requirement
Commercial
Retail store, shopping centre (entire
area)
1 space per 25 m2 of floor area
Restaurant
1 space per 4 patron seats
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LAND USE
PARKING SPACES REQUIRED (minimum)
Banks, studios , offices (all types)
1 space per 25 m2 of floor area
Medical, dental, health care clinics
1 space per 25 m2 of floor area
Theatres, halls
1 space per 10 fixed seats or 1 space
per 20 m2 of floor area
Lounge, beverage room, night club
1 space per 4 patron seats or 1 space
per 10 m2 of floor area
Hotel , motel
1 space per guest room or motel unit
Confectioneries
1 space per 28 m2 of floor area
Personal service establishment
1 space per 28 m2 of floor area
Nurseries, greenhouses, garden
centres
1 space per 28 m2 of floor area
All other commercial land uses
1 space per 28 m2 of floor area
Industrial
All industrial uses
1 space per 50 m2 of floor area
4.18
PAYMENT OF CASH-IN-LIEU OF REQUIRED OFF-STREET PARKING
4.18.1 Pursuant to Section 61 of the Act, Council may exempt any applicant for a use in the C1 -
Central Commercial District from the requirement of providing off-street parking facilities,
where in lieu thereof, the applicant pays or contracts to pay the City of Melville the sum of
money calculated by multiplying the number of off-street parking spaces that would otherwise
be required by an assessment of $1000.00 times the general mill rate for the year of the
development permit.
4.19
OFF-STREET LOADING
4.19.1 In any Commercial or Industrial District, where the use of a building or site involves the
receipt, distribution or dispatch of materials, goods or merchandise from vehicles, adequate
space for such vehicles to stand during loading or unloading shall be provided on the site in
conformity with the following schedule as shown in Table 4.2.
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Table 4-2
Off Street Loading Requirements
GROSS FLOOR AREA
LOADING SPACES REQUIRED
100 m2 to 1,500 m2
1 loading space
1,501 m2 to 3,000 m2
2 loading spaces
Over 3,000 m2
2 loading spaces plus 1 for each 6,000 m2
(or part thereof over 3,000 m2)
4.19.2 All off-street loading spaces shall be located on the site and be of a sufficient size so that
materials and commodities can be easily loaded or unloaded without creating interference
with vehicular traffic on a public roadway.
Amending Bylaw No. 24/2013 (ADDITION OF NEW SECTION 4.20)
4.20
DEVELOPMENT IN FLOOD WAY AND FRINGE AREAS (CRESCENT CREEK AREA)
4.20.1 Any development of new buildings and additions to buildings in the flood way of the
1:500 year flood elevation of any watercourse is prohibited.
4.20.2 Parcels of land wholly within the flood way of the 1:500 year flood event are considered
legally non-conforming sites for the purposes of locating a permanent structure.
4.20.3 Flood proofing is required of all new buildings and additions to buildings to an
elevation of 0.5 m above the 1:500 year flood elevation of any watercourse or water
body in the flood fringe.
Special Provisions
This Section addresses special provisions and specific development standards that apply to the
following developments. These standards apply in addition to any standards of the District.
5.1
DISCRETIONARY USES
5.1.1
Discretionary uses and associated accessory uses are subject to the development standards
and applicable provisions of the zoning district in which they are located. In approving any
discretionary use to minimize land use conflict, Council may prescribe specific development
standards related to:
a. site drainage of storm water
b. the location of buildings with respect to buildings on adjacent properties
c. the access to, number, surface treatment and location of parking and loading facilities
including adequate access for pedestrian and vehicle traffic
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City of Melville
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d. vehicle access and egress points shall be provided in suitable locations so as to minimize
traffic congestion and hazards
e. appropriate space for vehicle line ups for drive through commercial facilities in order to
reduce disruption of traffic flows on adjacent roadways
f.
the control of noise, glare, dust, refuse litter and odour
g. the screening of parking, storage and other non-landscaped areas from adjacent
properties and streets
h. landscaping, screening, fencing, and preservation of existing vegetation to buffer
adjacent properties and to maintain the character and amenity of the neighbourhood
5.2
HOME BASED BUSINESS (HOME OCCUPATION AND RESIDENTIAL OFFICE)
The following conditions apply to any home based business:
5.2.1
Where permitted, a home based business may be located in a dwelling used as the owner`s
residence, or building accessory to the dwelling.
5.2.2
Subject to Section 5.2.9, no more than two home based businesses shall be allowed per
dwelling unit.
5.2.3
A home based business shall not cause a variation in the residential character and
appearance of the dwelling, accessory residential building, or property; except for permitted
signage.
5.2.4
A home based business shall be conducted entirely within the dwelling or accessory building.
5.2.5
A home based business shall not create any conflict with the residential area in terms of
noise, glare, dust, odour, electrical interference, parking, traffic, or disturbance that would be
disruptive to the surrounding land uses.
5.2.6
A home based business shall not require the parking of more than two client cars at one time.
Off- street parking shall be provided for any resident and client vehicles.
5.2.7
A home based business shall not have any exterior display, outdoor storage of materials, or
exterior variation from the residential character of the residence or its accessory building.
5.2.8
Persons employed within the dwelling in the home based business shall be full time residents
of the dwelling.
5.2.9
No more than 25% of the gross floor area of the principal building shall be used for a home
based business.
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5.2.10 A permit for a home based business shall be subject to the condition that the permit may be
revoked at any time, if in the opinion of the Development Officer, the conditions under which
the permit was originally issued are no longer met. Where a permit is revoked the use shall
cease immediately.
Amending Bylaw No. 07/2019
5.2.11 Home based businesses may display one (1) fascia sign, not exceeding 0.4m2 in area
except for institutional signs, which may have an area not exceeding 3.0 m2,
identifying the name of the home based business and such sign shall not be
illuminated and shall be affixed to the principal building or located as close to the
residence as possible.
5.2.12 If the property is not owned by the home based business owner than a letter from the
property owner is required granting authorization to conduct this business in the home.
5.3
BED AND BREAKFAST HOMES
5.3.1
Bed and breakfast homes shall be located in a single detached dwelling used as the
operator's principal residence.
5.3.2
Bed and breakfast homes shall be licensed by the Ministry of Health and shall have a fire
safety inspection report prior to occupancy as a bed and breakfast home.
5.3.3
In issuing discretionary use approval for a bed and breakfast home, Council may specify up
to a maximum of three (3) guest rooms and specify the location in the dwelling of the guest
rooms. Any increase in the number of guest rooms shall require a new discretionary
approval.
Amending Bylaw No. 07/2019
5.3.4
Bed and breakfast homes may display one (1) fascia sign, not exceeding 0.4m2 in area
except for institutional signs, which may have an area not exceeding 3.0 m2,
identifying the name of the home based business and such sign shall not be
illuminated and shall be affixed to the principal building or located as close to the
residence as possible.
5.3.5
Off-street parking shall be provided as in Section 4.17.
5.4
SECONDARY SUITES
5.4.1
Secondary suites may be constructed within a principal, single detached dwelling unit in a
residential district.
5.4.2
There shall only be one secondary suite permitted in a single detached dwelling unit.
5.4.3
Secondary suites must have a separate entrance from the principal dwelling either from a
common indoor landing or directly from the exterior of the building.
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5.4.4
Secondary suites must contain cooking, eating, living, sleeping, and private toilet facilities.
Secondary suites shall not exceed 35% of the total floor space area, including basements of
the dwelling unit.
5.4.5
Off-street parking shall be provided as in Section 4.17.
5.4.6
Owner of the dwelling must reside in the dwelling to allow for a secondary suite.
5.5
RESIDENTIAL CARE HOMES
5.5.1
Where allowed a residential care home may be developed in a single detached dwelling unit,
subject to obtaining a provincial license, pursuant to the applicable act under which the home
is proposed to operate.
5.5.2
The residential care home shall be in compliance with The Personal Care Act.
5.5.3
The residential care home shall maintain the single detached character of the property
consistent with the neighbourhood.
5.5.4
A residential care home shall meet all the regulations for a single detached dwelling unit as
prescribed by the Zoning Bylaw.
5.5.5
The operator of the residential care home shall be a permanent resident of the dwelling
licensed as a residential care home.
5.5.6
The operator shall ensure that adequate supervision and care is available at the home at all
times.
5.6
FAMILY CHILD CARE HOMES
5.6.1
Where allowed a family child care home may be developed in a single detached dwelling
unit, subject to The Child Care Act.
5.6.2
The family child care home shall be in compliance with The Child Care Act.
5.6.3
The family child care home shall maintain the single detached character of the property
consistent with the neighbourhood.
5.6.4
The family child care home shall meet all the regulations for a single detached dwelling unit
as prescribed by the Zoning Bylaw.
5.6.5
The operator of the family child care home shall be a permanent resident of the dwelling
licensed as a family child care home.
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5.7
MODULAR HOMES
5.7.1
All modular homes shall be placed on a permanent foundation at a standard comparable to a
single detached dwelling.
5.7.2
Modular homes shall be permanently connected to water and sewer services provided by the
municipality and permanently connected as available to other public utilities.
5.7.3
Modular homes shall have architectural features similar or complementary to adjacent and
neighbouring homes.
5.8
ROOMING HOUSES
5.8.1
Rooming houses are subject to the site regulations of a single detached dwelling unit in the
zoning district that they are permitted.
5.8.2
A rooming house unit shall provide a minimum of 14.0 m2 of private living space.
5.8.3
Heated toilet facilities must be provided on every floor of the rooming house where there is a
rooming house unit.
5.8.4
Subject to 5.8.3, heated toilet facilities shall be provided for every 6 rooming house units.
5.9
SERVICE STATIONS AND GAS BARS
5.9.1
Where a service station or gas bar is located on a corner site, the only point of access shall
be located on the flanking street.
5.9.2
Fuel pumps and accessory equipment including any fuel sales kiosk on a pump island shall
be located at least 6 m from any street or other property boundary.
5.9.3
An open canopy may extend over a portion of required yards provided the supports are not
located in the required yards and the edge of the canopy is at least 0.6 m from any property
line.
5.9.4
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building
or visually screened, except on the sites located in an Industrial District.
5.10
DRIVE-IN BUSINESSES
5.10.1 A drive-in business or a business with a drive-in service shall provide sufficient on site waiting
areas for vehicles awaiting the drive-in service with a minimum of 5 vehicular spaces.
5.10.2 Any speaker box associated with a drive-in business or a business with a drive-in service
located within 90.0 m of a residential use shall be directed away from the residential use.
City of Melville
28
Zoning Districts
For the purpose of this Bylaw, the City of Melville is divided into the following Zoning Districts, the
boundaries of which are shown on the "Zoning District Map". Such districts may be referred to by the
appropriate symbols.
Table 6-1
Zoning District Map Symbols
Symbols
Districts
UH
Urban Holding
R1
Residential
R2
Residential
RMH
Residential Mobile Home
CS
Community Service
C1
Central Commercial
C2
Highway Commercial
M
Industrial
6.1
ZONING DISTRICT MAP
The map, bearing the statement, "This is the Zoning District Map referred to in Bylaw No. ,
adopted by the City of Melville signed by the Mayor and City Manager under the seal of the City shall
be known as the "Zoning District Map" and such map is hereby declared to be an integral part of this
Bylaw.
6.2
BOUNDARIES OF THE ZONING DISTRICTS
6.2.1
The Boundaries of the Districts referred to together with explanatory legend, notation, and
reference are shown on the map entitled, "Zoning District Map".
6.2.2
All streets, lanes, and road allowances, if not otherwise specifically designated, shall be
deemed to be in the` same zoning district as the property immediately abutting upon such
streets, lanes and road allowances. If the land abutting each side of a street, lane or road
allowance is located in different zoning districts, the centre line of such street, lane or road
allowance shall be deemed to be the district boundary, unless otherwise specifically
designated.
6.2.3
In un-subdivided land, the boundaries of the districts shall be determined by the use of the
scale shown on the map.
6
City of Melville
29
Schedule A - Urban Holding District (UH)
The purpose of the UH - Urban Holding District is to reserve lands not immediately required for urban
development and where the future use and timing of development is uncertain. Interim land uses are
provided for that will not jeopardize or restrict future development of the area.
1.
Permitted Uses
The following uses are permitted in the UH - Urban Holding District:
a. agricultural uses such as crop farming, grazing, cultivation of land but not including
intensive operations, such as feed lots, poultry, or hog farms
b. outdoor recreational uses including sports fields, parks, and skating rinks or other similar
uses
c. public works, excluding storage yards.
Amending Bylaw No. 19/2018
d. Single detached dwellings, pre-existing
2.
Discretionary Uses
The following uses are discretionary uses in the UH - Urban Holding District:
a. places of worship and ancillary halls
b. cemeteries
c. nurseries, greenhouses and garden centres
d. veterinary clinics and veterinary hospitals.
Amending Bylaw No. 19/2018
e. Single detached dwellings, new
3.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
4.
Site Development Regulations
Table 6-2
UH - Urban Holding District Site Development Regulations
Minimums
Agricultural Uses
Recreational
Public Works
All Other Uses
Site Area (sq. m)
40 ha
No minimum
No minimum
0.5 ha
Site Frontage (m)
N/A
No minimum
No minimum
30.0
Yard, Front (m)
N/A
No minimum
No minimum
6.0
Yard, Rear (m)
N/A
No minimum
No minimum
6.0
City of Melville
30
Minimums
Agricultural Uses
Recreational
Public Works
All Other Uses
Yard, Side (m)
N/A
No minimum
No minimum
3.0
Floor Area (sq. m)
N/A
No minimum
No minimum
No minimum
Site Coverage
N/A
No minimum
No minimum
No minimum
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
6.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
7.
Standards for Discretionary Uses
Council will consider applications for discretionary use in the UH - Urban Holding District with
respect to the following criteria and applicable regulations and specific standards in Section 4
and Section 5:
a. sewer, water, and utility services are available on site to service the development, if
required
b. the proposed development will not be inconsistent with the future use as outlined in the
Official Community Plan
c. the development will not require the development of new streets and utility lines except
as may be provided in existing plans
d. the proposal is not premature.
Amending Bylaw No. 19/2018
8.
Development Regulations
No future subdivision or development shall be permitted unless the subdivision or
development is for one of the permitted uses or approved discretionary uses allowed in this
district which, in the opinion of Council will not prejudice the future economical subdivision,
development or servicing of land. A written application including a site plan showing all
buildings and structures shall be filed with the authority having jurisdiction prior to Council's
consideration of the subdivision development.
City of Melville
31
Schedule B: Residential District (R1)
The purpose of the R1 - Residential District is to provide for primarily single detached residential
development.
1.
Permitted Uses
The following uses are permitted in the R1 - Residential District:
a. single detached dwellings
b. home based businesses subject to Section 5.2
c. secondary suites subject to Section 5.4
d. residential care homes subject to Section 5.5
e. family child care homes subject to Section 5.6
f.
special care homes including nursing homes
g. senior citizens homes
h. senior centre
i.
community centres and recreation centres
j.
day care centres and pre-schools
k. places of worship and ancillary halls
l.
parks and playgrounds
m. public works buildings and structures, excluding offices, warehouses and storage yards.
n. Ready to Move (RTMs) homes
2.
Discretionary Uses
The following uses are discretionary uses in the R1 - Residential District:
a. modular homes subject to Section 5.7
b. mobile homes
c. duplexes
d. semi-detached dwellings
e. dwelling unit groups
f.
bed and breakfast homes subject to Section 5.3
g. confectioneries.
3.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
City of Melville
32
4.
Site Development Regulations
Table 6-3
R1 - Residential District Site Development Regulations - Permitted Uses
Minimums
Single Detached, RTMs,
Day Cares, Pre-schools
Parks, Playgrounds,
Public Works
All Other Uses
Site Area (sq. m)
370.0 with lane
465.0 without lane
No minimum
465.0
Site Frontage (m)
Non-rectangular
lots
12.0 with lane
15.0 without lane
10.5 with a minimum
mean width of 15.0 and a
mean depth of 30.0
No minimum
15.0
Yard, Front (m)
7.5
No minimum
7.5
Yard, Rear (m)
4.5
No minimum
4.5
Yard, Side (m)
1.2, except corner sites,
where it shall be 3.0
No minimum
3.0 or ½ the building
height, whichever is
greater
Floor Area (sq. m)
65.0, except park
boulevard that has a
minimum of 111.5 as per
policy A125
No minimum
N/A
Site Coverage
40%
No minimum
40%
City of Melville
33
Table 6-4
R1 - Residential District Site Development Regulations - Discretionary Uses
Minimums
Modular, Duplex,
Mobile Home
Semi-Detached
Unit
Dwelling Unit
Group
Confectioneries
Site Area
(sq. m)
370.0 with lane
460.0 without lane
260.0 with lane
325.0 without lane
260.0
230.0
Site Frontage (m)
Non-rectangular
lots
12.0 with lane
15.0 without lane
10.5 with a minimum
mean width of 15.0
and a mean depth of
30.0
8.5 with lane
10.5 without lane
12.0
7.5
Yard, Front (m)
7.5
7.5
6.0
7.5
Yard, Rear (m)
4.5
4.5
1.2
4.5
Yard, side (m)
1.2, except corner
sites, where it shall
be 3.0
1.2, except corner
sites, where it shall
be 3.0
1.2
1.2, except corner
sites, where it shall
be 3.0
Floor Area (sq. m)
65.0
65.0
N/A
N/A
Site Coverage
40%
40%
N/A
N/A
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
6.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
7.
Standards for Discretionary Uses
Council will consider applications for discretionary use in the R1 - Residential District with
respect to the following criteria and applicable regulations and specific standards in Section 4
and Section 5:
a. the proposed development shall be consistent with the Future Land Use Map as outlined
in the Official Community Plan
b. for dwelling unit groups, the Council shall give consideration to the locations on major
streets in order that the development will not cause excessive traffic through existing low
density residential areas.
City of Melville
34
Schedule C: Residential District (R2)
The purpose of the R2 - Residential District is to provide for a range of residential types of
development.
1.
Permitted Uses
The following uses are permitted in the R2 - Residential District:
a. single detached dwellings
b. duplexes
c. semi-detached dwellings
d. apartments
e. townhouses
f.
dwelling unit groups
g. home based businesses subject to Section 5.2
h. bed and breakfast homes subject to Section 5.3
i.
secondary suites subject to Section 5.4
j.
residential care homes subject to Section 5.5
k. family child care home subject to Section 5.6
l.
Ready to Move RTM) homes
m. rooming houses subject to Section 5.8
n. special care homes including nursing homes
o. senior citizens homes
p. community centres and recreation centres
q. day care centres and pre-schools
r.
places of worship and ancillary halls
s. parks and playgrounds
t.
public works buildings and structures, excluding offices, warehouses and storage yards.
2.
Discretionary Uses
The following uses are discretionary uses in the R2 - Residential District:
a. confectioneries
b. modular homes subject to Section 5.7
c. mobile homes
Amending Bylaw No. 08/2015
b. Professional Offices
3.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
City of Melville
35
4.
Site Development Regulations
Table 6-5
R2 - Residential District Site Development Regulations - Permitted Uses
Minimums
Single
Detached,
Duplex,
RTM, Day
Cares,
Preschools
Semi-
Detached
Unit
Apartments
Townhouses
Dwelling
Unit
Group
Parks,
Playgrounds,
Public Works
All Other
Uses
Site Area
(sq. m)
370.0 with
lane
465.0
without lane
260.0
with lane
365.0
without
lane
465.0
185.0 per
unit
260.0
No minimum
465.0
Site
Frontage
(m)
Non-
rectangular
lots
12.0 with
lane
15.0 without
lane
10.5 with a
minimum
mean width
of 15.0 and
a mean
depth of
30.0
8.5 with
lane
10.5
without
lane
15.0
7.5 per unit
12.0
No minimum
15.0
Yard, Front
(m)
6.0
6.0
7.5
6.0
6.0
No minimum
6.0
Yard, Rear
(m)
4.5
4.5
4.5
4.5
1.2
No minimum
4.5
Yard, Side
(m)
1.2, except
corner sites,
where it
shall be 3.0
1.2,
except
corner
sites,
where it
shall be
3.0
3.5 or half
the average
wall height,
whichever is
greater
1.5 per end
unit
1.2
No minimum
3.0 or ½
the
building
height,
whichever
is greater
City of Melville
36
Minimums
Single
Detached,
Duplex,
RTM, Day
Cares,
Preschools
Semi-
Detached
Unit
Apartments
Townhouses
Dwelling
Unit
Group
Parks,
Playgrounds,
Public Works
All Other
Uses
Floor Area
(sq. m)
46.5
46.5
46.5
46.5
46.5
N/A
N/A
Site
Coverage
40%
40%
Interior lot -
50%
Corner lot -
60%
40%
N/A
N/A
N/A
Table 6-6
R2 - Residential District Site Development Regulations - Discretionary Uses
Minimums
Confectionaries
Site Area (sq. m)
230.0
Site Frontage (m)
7.5
Yard, Front (m)
6.0
Yard, Rear (m)
4.5
Yard, side (m)
1.2, except corner sites,
where it shall be 3.0
Floor Area (sq. m)
N/A
Site Coverage
N/A
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
6.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
City of Melville
37
7.
Standards for Discretionary Uses
Council will consider applications for discretionary use in the R2 - Residential District with
respect to the applicable regulations and specific standards in Section 4 and Section 5.
City of Melville
38
Schedule D: Residential Mobile Home District (RMH)
The purpose of the RMH - Residential Mobile Home District is to provide for the development of
mobile home subdivisions and mobile home parks.
1.
Permitted Uses
The following uses are permitted in the RMH-Residential Mobile Home District:
a. mobile homes and mobile home parks
b. day care centres and pre-schools
c. home based businesses subject to Section 5.3
d. modular homes subject to Section 5.7
e. parks and playgrounds
f.
public works, excluding offices, warehouses and storage yards.
2.
Discretionary Uses
The following uses are discretionary uses in the RMH-Residential Mobile Home District:
a. community centres and recreation centres
b. places of worship and ancillary halls
c. confectioneries.
3.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
4.
Site Development Regulations
Table 6-7
RMH - Residential Mobile Home District Site Development Standards
Minimums
Mobile
Homes,
Modular,
Daycares,
Pre-schools
Mobile
Home
Park
Space
Parks,
Playgrounds,
Public Works
Confectioneries
All Other
Uses
Site Area
(sq. m)
370.0 with
lane
465.0 without
lane
370.0
per
space
No minimum
230.0
No minimum
Site
Frontage
(m)
12.0 with lane
15.0 without
lane
12.0 per
space
No minimum
7.5
100.0
City of Melville
39
Minimums
Mobile
Homes,
Modular,
Daycares,
Pre-schools
Mobile
Home
Park
Space
Parks,
Playgrounds,
Public Works
Confectioneries
All Other
Uses
Yard,
Front (m)
6.0
4.5 per
space
No minimum
6.0
6.0
Yard, Rear
(m)
3.0
3.0 per
space
No minimum
4.5
4.5
Yard, Side
(m)
1.2, except
corner sites,
where it shall
be 3.0
1.2
No minimum
1.2, except corner
sites, where it shall
be 3.0
3.0 or ½ the
building
height,
whichever is
greater
Floor Area
(sq. m)
45.0
No
minimum
No minimum
N/A
N/A
Site
Coverage
40%
N/A
N/A
N/A
N/A
5.
Single Wide Mobile Home Additions
Subject to the site development regulations, a single wide mobile home may have an
addition, provided the projection of the addition is no more than the existing structure
6.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
7.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
8.
Standards for Discretionary Uses
Council will consider applications for discretionary use in the RMH- Residential Mobile Home
District with respect to the applicable regulations and the specific standards in in Section 4
and Section 5.
City of Melville
40
Schedule E: Community Services District (CS)
The purpose of the CS - Community Services District is to accommodate the orderly development of
open spaces, recreational and institutional uses.
1.
Permitted Uses
The following uses are permitted in the CS-Community Services District:
a. community centres
b. libraries, museums, historic and cultural institutions
c. schools and other educational facilities
d. day care centres and pre-schools
e. places of worship and ancillary halls
f.
lodges, fraternal organizations, social clubs
g. hospitals
h. special care homes and nursing homes
i.
senior citizen homes
j.
group care facilities
k. indoor and outdoor recreational uses such as arenas, golf courses, sports fields, curling
rinks, skating rinks, tennis courts, and swimming pools
l.
natural and nature like open areas
m. pedestrian trails and bicycle pathways
n. parks and playgrounds
o. public works, excluding storage yards.
2.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
3.
Site Development Regulations
Table 6-8
CS - Community Services District Site Development Standards
Minimums
Day Care Centre, Pre-
Schools
Schools, Parks,
Playgrounds, Public
Works
All Other Uses
Site Area (sq. m)
370.0
No minimum
465.0
Site Frontage (m)
12.0
No minimum
15.0
Yard, Front (m)
7.5
No minimum
7.5
Yard, Rear (m)
4.5
No minimum
4.5
City of Melville
41
Minimums
Day Care Centre, Pre-
Schools
Schools, Parks,
Playgrounds, Public
Works
All Other Uses
Yard, Side (m)
1.2, except corner sites,
where it shall be 3.0
No minimum
3.0 or ½ the building
height whichever is the
greatest
Floor Area (sq. m)
65.0
N/A
N/A
Site Coverage
40%
N/A
N/A
4.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
5.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
City of Melville
42
Schedule F: Central Commercial District (C1)
The purpose of the C1 -Central Commercial District is to accommodate and regulate commercial
development in the downtown area.
1.
Permitted Uses
The following uses are permitted in the C1-Central Commercial District:
a. Retail, Commercial Services and Office Uses:
i.
banks, offices, studios
ii.
bakeries with retail sales
iii.
personal service establishments
iv.
bus terminals
v.
medical and dental offices, and health services offices and clinics
vi.
printing and publishing offices
vii.
confectioneries
viii.
restaurants, cafes and lounges
ix.
retail stores and shopping centres
x.
funeral homes
xi.
broadcasting media and commercial communications studios and offices
xii.
licensed beverage rooms and other places for the sale and consumption of beer,
wine and spirits with or without food
xiii.
theatres, halls, commercial recreational establishments, not including skating or
curling rinks
xiv.
commercial entertainment establishments
xv.
hotels.
Amending Bylaw No 07/2019
xvi.
Butcher
b. Community Service:
i.
lodges, fraternal organizations, social clubs
ii.
libraries, cultural institutions
iii.
places of worship and ancillary halls
iv.
law enforcement facilities
v.
fire hall facilities
vi.
public works, excluding warehouses and storage yards.
c. Transportation and Vehicle Sales and Services
i.
service stations and gas bars subject to Section 5.9
ii.
establishments for the sale and service of motor vehicles, excluding sales and
service of mobile homes.
d. Residential:
i.
dwelling units accessory to a permitted use and as an integral part of the main
building with an entrance from the street separate from that of the permitted use.
City of Melville
43
Amending Bylaw 14/2018
e. Cannabis Retail Outlet
2.
Discretionary Uses
The following uses are discretionary uses in the C1-Downtown Commercial District:
a. mixed use commercial/residential developments
b. apartments
c. townhouses
d. dwelling unit groups
e. establishments for the sale, storage and servicing of motor vehicles, recreational vehicles
or trailers.
Amending Bylaw No. 28/2014
f.
Storage Warehouses
Amending Bylaw No. 18/2016
g. Day care centres and pre-schools
3.
Accessory Units
Accessory buildings and uses shall be permitted subject to Section 4.12.
4.
Site Development Regulations
Table 6-9
C1 - Central Commercial District Site Development Regulations
Minimums
Permitted Uses and Discretionary Uses
Site Area (sq. m)
Service Stations - 930.0
Residential Uses - See R2 -Residential District Site Development Regulations
All other - 275.0
Site Frontage (m)
Services Stations - 30.0
Residential Uses - See R2 -Residential District Site Development Regulations
All other - 7.5
Yard, Front (m)
Service Stations - 7.5
Residential Uses - See R2 -Residential District Site Development Regulations
All other - No requirement
Yard, Rear (m)
If the rear of the site abuts any R-Residential District without an intervening street
or lane 6.0; otherwise no minimum
Residential Uses - See R2 -Residential District Site Development Regulations
City of Melville
44
Minimums
Permitted Uses and Discretionary Uses
Yard, Side (m)
If the side of the site abuts any R-Residential District without an intervening street
or lane 1.5 or half the height of the building whichever is greater; otherwise no
minimum
Residential Uses - See R2 -Residential District Site Development Regulations
Floor Area (sq. m)
Residential - 46.5
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17 and Section 4.18.
6.
Off-Street Loading
Off-street loading shall be provided in accordance with Section 4.19.
7.
Signage
Amending Bylaw No. 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
8.
Landscaping
Where a site abuts any Residential District without an intervening lane, there shall be a strip
of land adjacent to the abutting site line of not less than 1.5 metres through which shall not be
used for any purpose except landscaping.
9.
Standards for Discretionary Uses
Council will consider applications for discretionary use in the C1 - Downtown Commercial
District with respect to the following criteria and applicable regulations and specific standards
in Section 4 and Section 5:
a. the proposed development shall be consistent with the Future Land Use Map as outlined
in the Official Community Plan.
City of Melville
45
Schedule G: Highway Commercial District (C2)
The purpose of the C2 - Highway Commercial District is to accommodate the orderly development of
commercial establishments requiring medium to large lots catering to the community and the traveling
public.
1.
Permitted Uses
The following uses are permitted in the C2-Highway Commercial District:
a. hotels, motels
b. service stations and gas bars subject to Section 5.9
c. car and truck washes
d. establishments for the sale, storage and servicing of motor vehicles, recreational vehicles
and trailers, farm machinery and equipment
e. restaurants, cafes and other places for sale and consumption of food and related items
f.
commercial recreational establishments
g. nurseries, greenhouses
h. veterinary clinics and veterinary hospitals
i.
bulk fuel oil establishments and chemical supply establishments
j.
wholesale trade stores, offices and warehouses
k. manufacturing and processing shops and associated storage facilities wherein applicable
work activities are conducted wholly within enclosed buildings
l.
public works, excluding storage yards
m. dwelling units accessory to a permitted use for caretakers, owners, or managers.
Amending Bylaw No. 26/2015
n. medical and dental offices, and health services offices and clinics
Amending Bylaw No. 14/2018
o. Cannabis Retail Outlet
Amending Bylaw No. 16/2018
p. Retail stores and shopping centres
Amending Bylaw No. 07/2019
q. Lumber and building supply establishments
Amending Bylaw No. 07/2019
r.
Butcher
2.
Discretionary Uses
The following uses are discretionary uses in the C2-Highway Commercial District:
Amending Bylaw No. 16/2018
Deletion of a. Retail Stores and shopping centers - moved to permitted uses
b. commercial entertainment establishments
c. truck and freight terminals
d. recycling and collection depots
e. public works storage yards
City of Melville
46
f.
laboratories for grain testing and grading.
Amending Bylaw No. 13/2017
g. Personal care home
3.
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.12.
4.
Site Development Regulations
Table 6-10
C2 - Highway Commercial District Site Development Regulations
Minimums
Permitted Uses and Discretionary Uses
Site Area (sq. m)
1,115.0
Site Frontage (m)
30.0
Yard, Front (m)
7.5
Yard, Rear (m)
10% of lot depth, or 10 m, whichever is
the lesser
Yard, Side (m)
3.0
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
6.
Off-Street Loading
Off-street loading shall be provided in accordance with Section 4.19.
7.
Signage
Amending Bylaw 07/2019
All sign regulations and standards can be found in the City of Melville's Sign Bylaw.
8.
Standards for Discretionary Use
Council will consider applications for discretionary use in the C2 - Highway Commercial
District with respect to the following criteria and applicable regulations and specific standards
in Section 4 and Section 5:
a. the separation distance to residences, tourist facilities, and restaurants
b. locations with direct access to a highway or highway frontage are preferred
City of Melville
47
c. the proposed operation shall not emit levels of noise, odour, or dust not common to the
other permitted uses in the C2 - Highway Commercial District
d. no exterior storage of materials, goods or waste products is permitted except within a
waste disposal bin for collection.
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Schedule H: Industrial District (M)
The purpose of the M - Industrial District is to accommodate the orderly development of industrial
establishments permitting a reasonable level of outdoor storage and activity.
1.
Permitted Uses
The following uses are permitted in the M-Industrial District:
a. lumber and building supply establishments
b. service stations and gas bars subject to Section 5.9
c. establishments for the sale, storage or servicing of motor vehicles, trailers, farm
machinery and other equipment
d. autobody shops, machine shops
e. petroleum products and propane storage yards
f.
recycling and collection depots
g. car and truck washing establishments
h. bulk fuel and oil establishments and chemical supply establishments
i.
wholesale trade stores, offices and warehouses
j.
truck and freight terminals
k. warehouses and supply depots
l.
shops of plumbers, pipefitters, metal workers and other industrial tradespeople
m. railway and ancillary functions
n. nursery gardens and greenhouses
o. veterinary clinics and veterinary hospitals
p. public works
q. a dwelling unit accessory to a permitted use for the use of caretakers, owners, or
managers.
Amending Bylaw No. 19/2015
r.
storage units
Amending Bylaw No. 14/2018
s. Cannabis Production Facility
2.
Discretionary Uses
The following uses are discretionary uses in the M-Industrial District:
a. abattoirs
b. grain elevators, feed mills, and seed cleaning plants
c. bulk fertilizer sales
d. salvage yards, gravel yards, and stock yards
e. manufacturing and processing and packing plants and associated storage facilities
f.
machine shops, foundry works, and boiler works
g. tanneries and hide shops
h. underground gas storage caverns
i.
underground industrial waste disposal.
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3.
Accessory Units
Accessory buildings and uses shall be permitted subject to Section 4.12.
4.
Site Development Regulations
Table 6-11
M - Industrial District Site Development Regulations
Minimums
Permitted Uses and Discretionary Uses
Site Area (sq. m)
1,115.0
Site Frontage (m)
30.0
Yard, Front (m)
7.5
Yard, Rear (m)
10% of lot depth
If abuts rail line no minimum
Yard, Side (m)
3.0, except 1.5 for grain elevators
5.
Off-Street Parking
Off-street parking shall be provided in accordance with Section 4.17.
6.
Off-Street Loading
Off-street loading shall be provided in accordance with Section 4,19.
7.
Signage
Signs and billboards shall be prohibited except for signs advertising the principal use of the
premises or the principal products offered for sale on the premises. Permitted signs are
subject to the following requirements:
a. no more than two (2) signs shall be permitted on the premises
b. no sign shall be in excess of 3.3 m2 in area; however the two signs may be combined
and the total facial area shall not exceed 6.5 m2
c. permitted signs may be double faced
d. the maximum height of a permitted sign shall be 6.0 m
e. no sign shall be illuminated unless the source of light is steady and suitably shielded.
8.
Standards for Discretionary Use
Council will consider applications for discretionary use in the M - Industrial District with
respect to the following criteria and applicable regulations and specific standards in Section 4
and Section 5:
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50
a. all discretionary uses in the district, with the exception of accessory dwelling units, are
subject to obtaining a provincial license, pursuant to the particular act under which the
facility is proposed to operate
b. the water servicing capacity is available to service the development without excessive
impact on other uses being served by the system
c. the potential for noise, dust, smoke and other emissions causing pollution has been
effectively mitigated
d. adequate separation exists from the development to residential and tourist service
facilities
e. access to truck routes, major streets and railway transportation, and railway spur sites is
appropriate to the type of development.
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Effective Date of the Bylaw
7.1
REPEAL
Bylaw No. 2/77 is hereby repealed.
7.2
COMING INTO FORCE
1
This Bylaw shall come into force on the date of final approval by the Minister.
2
3
______________________________
4
Mayor
5
6
Seal of City of Melville
7
_______________________________
8
City Manager
9
10 INTRODUCED AND READ a first time this 3rd day of June, 2013.
11
12 READ A SECOND TIME this 8th day of October, 2013
13
14 READ A THIRD TIME this 8th day of October, 2013
7
Appendix A - Zoning Maps
Amended as follows:
Bylaw No. 25/2015
(a) Rezone the property described as Lots 1-10, 14 & 15, Block 126, Plan X3945 and
Lots 16-25, 28, 29 & 30, Block 119, Plan X3945 from R1 - Low Density Residential
District to RMH - Mobile Home District, as shown on the map which is attached
hereto and forming a part of this bylaw.
(b) Rezone the property described as Lots 1-6, Block 85A, Plan 102073575 from R1 -
Low Density Residential District to R2 - High Density Residential District, as
shown on the map which is attached hereto and forming a part of this bylaw.
Bylaw No. 13/2014
(a) Rezone the property described as part of SE 31-22-6-W2 from a combination of C2
Highway Commercial, CS-Community Service and M-Industrial to C2 Highway
Commercial as shown as Proposed Parcel D on the map which is attached hereto
and forming a part of this bylaw.
Bylaw No. 35/2014
(a) Rezone the property described as Lots 6-8, Block 13, Plan T286 from R2 High
Density Residential District to C1 Central Commercial District.
Bylaw No. 16/2015
(a) Rezone the property described as Lot 10, Block 24, Plan T286 from R1 Low Density
Residential District to R2 High Density Residential District.
Bylaw 04/2015
(a) Rezone the property described as Lot 9, Block 16, Plan T286 from R1 Low Density
Residential District to C1 Central Commercial District.
Bylaw No. 04/2016
(a) Rezone the property described as:
-
Block A, Plan 101795351 Extension 61
-
Block B, Plan 101795362 Extension 67
-
Block C, Plan 102018046
-
LSD 8-33-22-06-2 Extension 64
-
LSD 7-33-22-06-2 Extension 63
from UH Urban Holding District to R1 Low Density Residential District.
A
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Bylaw No. 05/2016
(a) Rezone the property described as Lot 10, Block 16, Plan T286 from R1 Low Density
Residential District to C1 Central Commercial District.
Bylaw No. 15/2016
(a) Rezone the property described as Lot 11 - 18, Block 14, Plan T286 from C1 Central
Commercial District to R1 Low Density Residential District
Bylaw No. 14/2017
(a) Rezone the property described as Lot 10, Block 16, Plan T286 from C1 Central
Commercial District to R1 Low Density Residential District.
Bylaw No. 05/2018
(a) Rezone the property described as Block A, Plan AA274 Ext 1 and Block C, Plan
101788623 Ext. 32 from UH Urban Holding to M Industrial District.
Bylaw No. 16/2018
(a) Rezone the Property described as Lots 8,810 & 11, Block 170, Plan Z2714 from R1
Residential to C2 Highway Commercial District
Bylaw No. 19/2018
(a) Rezone the property described as Block B, Plan Number 70Y00517 from M
Industrial District to UH Urban Holding District.
Bylaw No. 20/2018
(a) Rezone a portion of the property described as Block/Parcel L, Plan Number T3111
from Cs- Community Services District to M - Industrial District
Bylaw No. 15/2019
(a) Rezone the properties legally described as Lots 22&23, Block 15, Plan 01Y01342
and Lot 10, Block 15, Plan T286 from C1 Central Commercial District to R2
Residential District
Bylaw No. 07/2020
(a) Rezone the property described as Lot 31-40, Block 41, Plan Number V664 from C2
Highway Commercial District to R1 Residential District.
Bylaw No. 15/2021
(a) Rezone the property described as Block/Parcel B, Plan Number 70Y00517 from UH
Urban Holding District to M Industrial District.
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Appendix B - Contract Zones
Bylaw No. 07/2015
Contract Zone with Stacey Stachowich, Options Accounting Solutions for a
Bookkeeping and Tax Service (Professional Office) Land Use at 149 - 4th Avenue
East (Lot 10, Block 16, Plan T286) (Signed copy available in vault in 'agreements' filing
cabinet 'Agreement #59')
B