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Village of Neville
Zoning Bylaw
Bylaw No. 5-2022
Village of Neville
Zoning Bylaw No. 5-2022
1. Pursuant to Section 34(1) of The Planning and Development Act, 2007, the Council of the Village
of Neville hereby adopts the Zoning Bylaw, identified as Schedule "A" to this Bylaw.
2. The Mayor and Chief Administrative Officer are hereby authorized to sign and seal Schedule
"A" which is attached to and forms part of this Bylaw.
3. Bylaw No. 1982-1, known as the Village of Neville Zoning Bylaw, and any amendments made
thereto is hereby repealed.
4. This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
day of
,
Read a Second Time the
day of
,
Read a Third Time and Adopted the
day of
,
Mayor
Village Seal
Chief Administrative Officer
Certified a True Copy of the Bylaw adopted by Resolution of Council
on the
day of
,
Village of Neville
Zoning Bylaw
Schedule "A" to Bylaw No. 5-2022
Table of Contents
1.
Introduction .................................................................................................................................... 1
1.1.
Title .................................................................................................................................................. 1
1.2.
Purpose of the Zoning Bylaw ....................................................................................................... 1
1.3.
Scope of the Zoning Bylaw ........................................................................................................... 1
1.4.
Severability ..................................................................................................................................... 1
1.5.
How to Use this Zoning Bylaw ..................................................................................................... 1
2.
Administration ............................................................................................................................... 2
2.1.
Development Officer & Council ................................................................................................... 2
2.2.
Development Permits ................................................................................................................... 2
2.3.
Development Applications ........................................................................................................... 4
2.4.
Development Application Procedures ........................................................................................ 4
2.5.
Development Application Evaluation Criteria............................................................................ 9
2.6.
Development Appeals ................................................................................................................... 9
2.7.
Minor Variances ...........................................................................................................................10
2.8.
Development Application Fees ..................................................................................................10
2.9.
Nonconforming Uses, Buildings, & Sites ..................................................................................11
2.10.
Restoration to a Safe Condition.................................................................................................11
2.11.
Bylaw Enforcement, Offences, & Penalties ..............................................................................11
3.
General Regulations ..................................................................................................................... 13
3.1.
Uses Permitted in all Zoning Districts .......................................................................................13
3.2.
Prohibited & Noxious Uses ........................................................................................................13
3.3.
Principal Buildings, Structures, & Uses .....................................................................................13
3.4.
Accessory Buildings, Structures, & Uses...................................................................................14
3.5.
Exceptions to Development Standards ....................................................................................14
3.6.
Building Heights ...........................................................................................................................15
3.7.
Fences ...........................................................................................................................................15
3.8.
Signs ..............................................................................................................................................16
3.9.
Off-Street Parking & Loading .....................................................................................................17
3.10.
Outdoor Storage ..........................................................................................................................18
3.11.
Landscaping .................................................................................................................................18
3.12.
Site Grading, Levelling & Drainage ............................................................................................19
3.13.
Development on Hazard Lands .................................................................................................19
3.14.
Development in Sight Triangles or Proximity to Provincial Highways or Railways.............20
3.15.
Development in Proximity to Pipelines & Transmission Lines ..............................................20
3.16.
Heritage & Archaeological Resource Management ................................................................21
3.17.
Environmental Management .....................................................................................................22
3.18.
Storage & Handling of Hazardous Materials ...........................................................................22
3.19.
Wastewater & Waste Disposal ...................................................................................................23
3.20.
Bare Land Condominium Developments .................................................................................23
4.
Use-Specific Regulations .............................................................................................................. 24
4.1.
Home-Based Businesses ............................................................................................................24
4.2.
Secondary, Garden, and Garage Suites ....................................................................................25
4.3.
Modular & Mobile Dwellings ......................................................................................................26
4.4.
Multi-Unit Dwellings ....................................................................................................................26
4.5.
Residential Care Homes, Daycares, & Preschools ..................................................................26
4.6.
Campground, RV Parks, & Mobile Home Parks .......................................................................27
4.7.
Commercial & Industrial Development ....................................................................................28
4.8.
Cannabis .......................................................................................................................................28
4.9.
Solar Collectors & Satellite Dishes.............................................................................................28
4.10.
Telecommunication Towers .......................................................................................................29
4.11.
Shipping Containers ....................................................................................................................29
4.12.
Public Utilities & Municipal Facilities .........................................................................................30
4.13.
Solid & Liquid Waste Disposal Facilities ...................................................................................30
5.
Zoning Districts ............................................................................................................................ 31
5.1.
Classification of Zoning Districts ...............................................................................................31
5.2.
Zoning District Map .....................................................................................................................31
5.3.
Boundaries of Zoning Districts ..................................................................................................31
5.4.
Zoning District Schedules ...........................................................................................................31
6.
R1 | Residential .......................................................................................................................... 32
6.1.
Intent .............................................................................................................................................32
6.2.
Permitted & Discretionary Uses ................................................................................................32
6.3.
Development Standards .............................................................................................................33
7.
C1 | Local Commercial ............................................................................................................... 35
7.1.
Intent .............................................................................................................................................35
7.2.
Permitted & Discretionary Uses ................................................................................................35
7.3.
Development Standards .............................................................................................................36
8.
M1 | Regional Commercial - Light Industrial ............................................................................ 37
8.1.
Intent .............................................................................................................................................37
8.2.
Permitted & Discretionary Uses ................................................................................................37
8.3.
Development Standards .............................................................................................................38
9.
CS | Community Service ............................................................................................................. 40
9.1.
Intent .............................................................................................................................................40
9.2.
Permitted & Discretionary Uses ................................................................................................40
9.3.
Development Standards .............................................................................................................41
10. UH | Urban Holding .................................................................................................................... 42
10.1.
Intent .............................................................................................................................................42
10.2.
Permitted & Discretionary Uses ................................................................................................42
10.3.
Development Standards .............................................................................................................43
Exhibit A: Definitions ........................................................................................................................... 44
Exhibit B: Zoning District Map ............................................................................................................ 56
Village of Neville
Zoning Bylaw | 1
1.
Introduction
Under the authority provided by The Planning and Development Act, 2007 (The Act), the Council of the
Village of Neville, in the Province of Saskatchewan, in open meeting hereby enacts as follows:
1.1.
Title
This Bylaw No. 5-2022 shall be known and may be cited as the Zoning Bylaw of the Village of Neville.
1.2.
Purpose of the Zoning Bylaw
The purpose of this Bylaw is to regulate land use and development within the Village of Neville in
accordance with the Village of Neville Official Community Plan Bylaw No. 4-2022 (OCP).
1.3.
Scope of the Zoning Bylaw
Development shall be permitted within the limits of the Village of Neville only when in conformity
with the provisions of this Bylaw subject to the right of appeal provisions of The Act.
1.4.
Severability
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part
does not affect the validity, effectiveness or enforceability of other provisions or parts of the
provisions of this Bylaw.
1.5.
How to Use this Zoning Bylaw
1.5.1.
Administration
The application requirements, processes, and evaluation criteria for all types of development
applications are contained in Section 2.0.
1.5.2.
Regulations
General regulations that apply to all forms of development are contained in Section 3.0 while
additional regulations that apply to specific uses or types of uses are contained in Section 4.0.
1.5.3.
Zoning District Schedules and Map
The Zoning District Schedules and Map (Exhibit B) are explained in Section 5.0.
1.5.4.
Definitions
The definitions contained in Exhibit A shall apply to both this Bylaw and the OCP.
1.5.5.
Interpretation
Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
Village of Neville
Zoning Bylaw | 2
2.
Administration
2.1.
Development Officer & Council
2.1.1.
Development Officer
The Chief Administrative Officer of the Village of Neville shall be the Development Officer
responsible for the administration of this Bylaw. The Development Officer shall:
a.
Receive, record, and review development permit applications.
b.
Issue a recommended decision on development permits for permitted uses.
c.
Assist Council with issuing a decision on discretionary uses, zoning amendments, OCP
amendments, and development and servicing agreements.
d.
Administer any Public Notification process as required by this Bylaw or any other Bylaw
adopted by the municipality
e.
Collect development application fees according to the fee schedule established in this
Bylaw or any other Bylaw adopted by the municipality
f.
Maintain for inspection by the public during regular office hours, a copy of this Bylaw, the
Zoning District Map, and any amendments.
g.
Perform other duties as determined by Council.
2.1.2.
Council
The Village of Neville Council shall:
a.
Issue a decision on discretionary uses, zoning amendments, OCP amendments, and
development and servicing agreements in accordance with The Act, the OCP, and this
Bylaw.
b.
Make a recommendation on all subdivision application referrals received from the
Saskatchewan Ministry of Government Relations, prior to a decision being made by the
Minister.
2.2.
Development Permits
2.2.1.
Development Permit Required
No person shall commence a new use or undertake development, including repairs and renovations
involving structural alterations, without first obtaining a development permit, except as provided in
Section 2.2.7.
2.2.2.
Development Permit Must Not Contravene
A development permit shall not be issued for any structure or use in contravention of any provisions
of this Bylaw or the OCP, except as provided in an appeal pursuant to The Act.
2.2.3.
Frontage on Road
A development permit shall not be issued unless the site abuts or has frontage on a public street.
2.2.4.
Building Permit
A building permit shall not be issued unless a development permit, where required, has also been
issued. Applications for a development permit and building permit may be reviewed concurrently.
Village of Neville
Zoning Bylaw | 3
2.2.5.
Development Permit Validity
A development permit is valid for a period of 12 months. This period may be extended by the
Development Officer for an additional 12 months if requested in writing by the permit holder before
the development permit expires. A development permit shall be considered void if:
a.
The use is not commenced while the development permit is valid;
b.
A building permit, if required, is not obtained while the development permit is valid; or
c.
The building permit expires while the development permit is no longer valid.
2.2.6.
Cancellation of a Development Permit
Council or the Development Officer may cancel a development permit and issue an order to stop
development:
a.
Where the Development Officer or Council is satisfied that a development permit was
issued based on false or mistaken information;
b.
Where new information is identified pertaining to environmental protection, flood
potential, or slope instability which was not available at the time the development permit
was issued; or
c.
When a developer requests a development permit modification.
2.2.7.
Developments Not Requiring a Development Permit
A development permit is not required for the following, but all other applicable provisions of this
Bylaw shall apply:
a.
The maintenance or construction of a public work by the municipality or public utility;
b.
Maintenance and repairs that do not include structural alterations;
c.
Accessory buildings and structures equal or less than 9.3 m² (100 ft²) in area;
d.
Home-based businesses, but Section 4.1 shall still apply.
e.
The planting of any trees, shrubs, or landscaping; and
f.
A temporary building where the sole purpose is incidental to the construction or alteration
of a building for which a building permit has been granted.
2.2.8.
Buildings to be Moved
In accordance with Bylaw No. 7-2018, no building shall be moved into the Village of Neville without
the issuance of a development permit approved by Council.
2.2.9.
Demolition of Buildings
No building or structure larger than 100 ft2 in area shall be demolished within the Village of Neville
without the issuance of a demolition permit, unless exempt under Section 2.2.7.
Village of Neville
Zoning Bylaw | 4
2.3.
Development Applications
2.3.1.
Development Application Requirements
The requirements included in this section apply to applications for development permits for
permitted uses and discretionary uses as well as for proposed Zoning Bylaw and OCP amendments.
2.3.2.
Required Information
Any development application shall be submitted with the required fees to the Development Officer
and shall include the following information:
a.
The names and contact information of the applicant, the property owner, and the person
who prepared the application and/or supporting material.
b.
The legal description (parcel, block, plan) of the subject property.
c.
A description of the proposed development or use on the subject property.
d.
A Site Plan that should include:
i.
A north arrow, the subject site property boundaries and dimensions, and all adjacent
properties, streets , and rights-of-way.
ii.
The location of any existing buildings, structures, utility poles, underground utilities,
easements, and trees. This includes existing wells, lagoons, septic fields, etc.
iii.
The location and size of proposed buildings or structures, including all front, side and
rear setback dimensions. This includes wells, lagoons, septic fields, etc.
iv.
The location of any entrances or exterior doorways, walkways, pedestrian circulation
areas and site access;
v.
The location and size of all proposed parking spaces, driveways, vehicle circulation
areas, and loading spaces; and
vi.
The location and size of any proposed signs.
vii.
Estimated start and completion dates.
viii.
Floor plans and site elevations.
e.
Any other required information or supporting studies as determined to be relevant by the
Development Officer or Council.
2.3.3.
Development Application Fees
Development application fees for development permits for permitted uses and discretionary uses,
zoning amendments, OCP and other types of applications are outlined in Section 2.8 of this Bylaw.
2.4.
Development Application Procedures
2.4.1.
General Development Application Procedures
In addition to those listed for specific applications in Sections 2.4.2 - 2.4.4, the following procedures
apply to all development permit applications for permitted uses and discretionary uses, as well as
for proposed Zoning Bylaw and OCP amendments:
a.
Upon receiving the development application, the Development Officer will examine the
application for conformance with the OCP, this Bylaw, and any other applicable policies,
regulations, or standards.
b.
Prior to making a recommended decision or conducting public notice and referring the
application to Council, the Development Officer may circulate the application to
appropriate government agencies or interested groups for comment.
Village of Neville
Zoning Bylaw | 5
c.
The applicant shall be notified in writing of the decision on their application and shall be
advised of their right to appeal in accordance with Section 2.6 of this Bylaw and The Act.
d.
A copy of all approved development permit applications involving the installation of water
and sanitary services shall be sent to the Health Authority.
2.4.2.
Permitted Use Application Procedures (approved by the Development Officer)
In addition to the general development applications procedures in Section 2.4.1, the following
procedures apply to all development permit applications for permitted uses as demonstrated by
Figure 1:
a.
If a person applies for a development permit for a development or use that is permitted in
its zoning district and conforms to all provisions of this Bylaw and the OCP, then the
Development Officer shall issue a recommended decision for the development permit.
b.
Performance standards, development standards, or conditions may be applied in
accordance with Section 62(4) of The Act, however they must be consistent with the
standards or conditions of this Bylaw.
2.4.3.
Discretionary Use Application Procedures (approved by Council)
In addition to the general development application procedures in Section 2.4.1, the following
procedures apply to all development permit applications for discretionary uses in accordance with
Sections 54-58 of The Act and as demonstrated by Figure 1:
a.
If a person applies for a development permit for a development or use that is listed as a
discretionary use in its zoning district, the Development Officer shall give public notice of
the application in accordance with Section 55 of The Act and the Village of Neville Public
Notice Bylaw.
b.
The Public Notice shall be distributed to the assessed owners of property within a
minimum 75 metres of the site of the application and shall indicate the date of the Council
meeting at which the discretionary use application will be considered.
c.
The Development Officer shall prepare a report for Council concerning the discretionary
use application that may contain recommendations for conditions of approval to be
applied in accordance with Section 62(3) and 56(3) of The Act to ensure the development or
use satisfies the development application evaluation criteria in Section 2.5.
d.
Council shall consider the application together with the Development Officer's report and
any written or verbal submissions received from the public before issuing a decision by
Council resolution to either:
i.
Approve the discretionary use application as is;
ii.
Approve the discretionary use application with performance standards, development
standards, or conditions according to Section 56(3) of The Act to ensure the
development or use satisfies the development application evaluation criteria in
Section 2.5; or
iii.
Reject the discretionary use application.
Village of Neville
Zoning Bylaw | 6
Figure 1: Development Permit Application Process
Village of Neville
Zoning Bylaw | 7
2.4.4.
Planning Bylaw Amendment Application Procedures (approved by Council)
In addition to the general development application procedures in Section 2.4.1, the following
procedures apply to all applications for proposed Zoning Bylaw and OCP amendments, as
demonstrated by Figure 2:
a.
If a person applies for an OCP amendment or Zoning Bylaw amendment (including a
rezoning of their property) Council may decide to consider the application by passing a
resolution authorizing the Development Officer to proceed with preparing draft bylaws and
public notices, and to authorize the date and time for a required public hearing. If Council
decides not to agree to consider the amendment or rezoning, then the applicant shall be
notified in writing of the decision.
b.
Council shall give the bylaws first reading only and shall publish a public notice of its intent
to amend the OCP or Zoning Bylaw, once a week for two consecutive weeks in accordance
with Section 207 of The Act. The first advertisement must be at least two weeks before the
date of the public hearing.
c.
The public hearing shall be held before the second reading by Council. The hearing may be
held during a Council meeting if Council resolves to suspend the meeting for the hearing.
The hearing may be closed once all representations are heard and all written submissions
are accepted. If objections are received, Council may decide to either:
i.
Alter the bylaw to address concerns or objections;
ii.
Approve the bylaw amendment as is; or
iii.
Refuse the application by withdrawing the Bylaw.
d.
If a zoning amendment complies with the OCP, the amendment takes effect when Council
gives the bylaw and passes third reading. The Development Officer shall send a copy of the
zoning bylaw amendment to the Ministry of Government Relations within 15 days of the
date the bylaw is passed.
e.
An OCP amendment requires Ministerial Approval from the Community Planning branch
before it can come into effect.
f.
If an amendment to the OCP is required to allow a zoning amendment or rezoning, 3rd
Reading of the zoning amendment or rezoning must be delayed as the amendment can
only come into effect after the OCP amendment receives ministerial approval.
g.
Separate bylaws are needed to amend an OCP and a Zoning Bylaw, but they may be
prepared and reviewed in conjunction.
Village of Neville
Zoning Bylaw | 8
Figure 2: OCP & Zoning Bylaw Amendment Application Process
Village of Neville
Zoning Bylaw | 9
2.5.
Development Application Evaluation Criteria
When evaluating applications for development permits for permitted uses and discretionary uses, as
well as for proposed zoning amendments and OCP amendments, the Development Officer and
Council shall consider whether such proposals:
a.
Conform with all relevant provisions of the OCP, this Bylaw, and any other applicable
policies and regulations;
b.
Can be economically serviced by community infrastructure including roadways, water and
sewer (if available), solid waste disposal, parks, schools, community facilities, and utilities;
c.
Create no undue burden on municipal finances;
d.
Are compatible with neighbouring properties and overall land use patterns and character;
e.
Can be suitably drained in accordance with Section 3.12 of this Bylaw.
f.
Are suitable for the proposed site and are not detrimental to the health, safety,
convenience, and general welfare of residents and visitors;
g.
Provide adequate off-street parking that is designed to minimize congestion and hazards;
h.
Impact traffic volume on local streets through residential areas;
i.
Give consideration to pedestrian safety and convenience both within the site, and in terms
of its connectivity to the surrounding area; and
j.
Provide sufficient landscaping, such as vegetated buffers between industrial, residential,
and agricultural uses, and wherever possible, shall preserve existing vegetation.
2.6.
Development Appeals
2.6.1.
Council shall appoint a Development Appeals Board (DAB) within 90 days of the adoption of this
Bylaw to hear and issue decisions on development appeals in accordance with Section 214(1) of The
Act.
2.6.2.
A person who wishes to make an appeal to the DAB shall do so in writing to the Development Officer
within 30 days of the date of issuance or refusal of a development permit application.
2.6.3.
The DAB has the authority under Section 219 of The Act to allow variances to the standards of this
Bylaw, including standards and conditions specified for a permitted or discretionary use.
2.6.4.
The DAB does not have the authority to vary and will not hear appeals based on a decision by the
Development Officer or Council to:
a.
Refuse a use or intensity of use not permitted in a Zoning District.
b.
Refuse a discretionary use or intensity of a discretionary use.
c.
Refuse a rezoning of the person's land.
2.6.5.
A decision by the DAB may be appealed to the Saskatchewan Municipal Board in accordance with
Section 226 of The Act.
Village of Neville
Zoning Bylaw | 10
2.6.6.
Development Appeals Fees
Development appeal application fees are outlined in Section 2.8 of this Bylaw.
2.7.
Minor Variances
2.7.1.
Applications for a minor variance shall be made to the Development Officer, who shall review the
application and issue a decision in accordance with Section 60 of The Act.
2.7.2.
The Development Officer may grant a minor variance of up to 10% of any minimum setback or
minimum distance between buildings or structures for either a permitted or discretionary use as
specified by this Bylaw.
2.7.3.
The Development Officer shall maintain a registry of all minor variance applications.
2.7.4.
Minor Variances Fees
Minor variance application fees are outlined in Section 2.8 of this Bylaw.
2.8.
Development Application Fees
2.8.1.
Application Fees
An applicant of a development application shall pay an application fee according to Table 1:
Table 1: Development Application Fees
Application Type
Fee
Development Permit - Permitted Use
$25
Development Permit - Discretionary Use
$150
Zoning Bylaw Amendment
$200
OCP Bylaw Amendment
$200
Minor Variance
$25
Development Appeal
$75
Demolition Permit
$25
2.8.2.
Costs of Advertising
In addition to the above fees schedule, the applicant shall be responsible for the costs of any
required public advertising in accordance with this Bylaw and The Act.
2.8.3.
Professional Application Review
The Development Officer may also require the application to be reviewed by planning, engineering,
legal or other professionals, with the cost of this review to be borne by the applicant.
Village of Neville
Zoning Bylaw | 11
2.8.4.
Interest & Registration
Council may require development agreements, servicing agreements and other documents to be
registered or caveated against affected lands, to protect municipal and public interests. The cost of
the registration of an interest or caveat will be the responsibility of the applicant.
2.9.
Nonconforming Uses, Buildings, & Sites
2.9.1.
Any use of land, building, structure, or site lawfully existing at the time of passing of this Bylaw that
is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may
be continued, transferred, or sold in accordance with the provisions of Sections 88 to 93 inclusive of
The Act.
2.9.2.
A legally nonconforming use or building pursuant to Section 2.9.1 may be enlarged, reconstructed,
repaired or renovated provided that:
a.
The element of nonconformity is not increased; and
b.
All other applicable provisions of this Zoning Bylaw are satisfied.
2.10.
Restoration to a Safe Condition
2.10.1.
Nothing in this Bylaw shall prevent the strengthening, or the restoration to a safe condition, of any
building or structure, provided such strengthening or restoration will not increase the height, area
or volume so as to contravene the provisions of this Bylaw.
2.10.2.
Repairs, renovations, and restorations may be subject to development permit and building permit
requirements.
2.11.
Bylaw Enforcement, Offences, & Penalties
2.11.1.
All development within the Village of Neville must comply with the provisions of this Zoning Bylaw,
whether or not a permit has been issued for the development.
2.11.2.
In the event of a conflict between this Bylaw and the OCP, the provisions of the OCP shall prevail.
2.11.3.
Nothing in this Bylaw shall exempt any person from complying with any other federal, provincial, or
municipal requirement. Developers are responsible for obtaining all applicable federal and
provincial approvals.
2.11.4.
Where the requirements of this Bylaw conflict with those of any other federal, provincial, or
municipal requirement, the more stringent requirement shall apply.
Village of Neville
Zoning Bylaw | 12
2.11.5.
Pursuant to The Act (s. 242-245), the Development Officer may issue a stop order for development
that contravenes this Bylaw or the standards and conditions specified in a development permit in
order to achieve compliance.
2.11.6.
Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the
penalties set forth in The Act.
2.11.7.
Errors and/or omissions by the Development Officer or someone acting under their direction while
administering this Bylaw do not relieve any person from liability for failure to comply with the
provisions of this Bylaw.
Village of Neville
Zoning Bylaw | 13
3.
General Regulations
3.1.
Uses Permitted in all Zoning Districts
3.1.1.
Nothing in this Bylaw shall prevent the use of any land for:
a.
A public street or public park; and/or
b.
Municipal facilities and public utilities, excluding solid and liquid waste disposal sites.
3.1.2.
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or
any sign or notice of any local or other government department or authority.
3.2.
Prohibited & Noxious Uses
3.2.1.
Prohibited Uses
Any land use, excluding those listed under Section 3.1, that is not listed as either a permitted,
discretionary, or accessory use in its current Zoning District shall be prohibited and will not be
accommodated without a zoning amendment in accordance with Section 2.4.4.
3.2.2.
Noxious Uses
No land shall be used for any purpose that is noxious without appropriate mitigation measures that
ensure the health and well-being of people and the environment are protected.
3.3.
Principal Buildings, Structures, & Uses
3.3.1.
Only one principal building or use shall be permitted on any one site except the following in
accordance with all applicable provisions of this Bylaw:
a.
Parks;
b.
Schools;
c.
Hospitals;
d.
Healthcare clinics;
e.
Recreation facilities;
f.
Residential care homes;
g.
Senior citizen homes;
h.
Dwelling groups;
i.
Shopping centres; and
j.
Condominium developments.
3.3.2.
Notwithstanding Section 3.3.1, Council may, at its discretion, issue a development permit for
additional principal buildings or uses on a site.
3.3.3.
In any Zoning District, the principal use of the land must be established prior to the establishment of
any accessory buildings, structures, or uses.
Village of Neville
Zoning Bylaw | 14
3.4.
Accessory Buildings, Structures, & Uses
3.4.1.
Accessory buildings, structures, and uses shall be subordinate to, used in conjunction with, and
located on the same site as the principal building or use.
3.4.2.
Subject to all other requirements of this Bylaw, an accessory building, structure, or use shall be
considered in any Zoning District when accessory to an established principal permitted or
discretionary use.
3.4.3.
A Development Permit must be obtained for any accessory building, structure, or use, unless
exempt under Section 2.2.7 of this Bylaw.
3.4.4.
Accessory buildings or structures shall comply with the following minimum setback requirements,
unless otherwise specified in this Bylaw:
a.
Front yard setback:
3.0 m (9.84 ft)
b.
Side yard setback:
0.76 m (2.49 ft)
c.
Rear yard setback:
1.2 m (3.94 ft) or 1.5 m (4.92 ft) to a lane
d.
Distance to principal building:
1.5 m (4.92 ft)
3.4.5.
No accessory building or structure shall be used as a dwelling, unless otherwise specified in this
Bylaw.
3.4.6.
The area of accessory buildings or structures shall be combined with the area of the principal
building to determine the overall site coverage.
3.4.7.
Private garages, carports, and other accessory buildings attached to a principal building by a
substantial roof structure shall be considered as part of the principal building.
3.5.
Exceptions to Development Standards
3.5.1.
Permitted Yard Projections
The following projections are permitted into any required front, rear, or side yard setback provided
that they comply with the National Building Code:
a.
In Front and Rear Yards:
i.
Unenclosed porches, verandas, decks, balconies, and raised patios up to a maximum
1.5 m (4.9 ft) so long as the front yard setback is no less than 3.0 m (9.84 ft).
ii.
ii. Roof overhangs, eaves, and gutters up to a maximum 1.0 m (3.3 ft).
iii.
Cantilevered bay or bow windows, chimney chases, window sills, or fire escapes up
to a maximum 0.6 m (2.0 ft).
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b.
In Side Yards:
i.
Roof overhangs, eaves, and gutters up to a maximum 0.6 m (2.0 ft).
ii.
ii. Cantilevered bay or bow windows, chimney chases, window sills, or fire escapes up
to a maximum 0.6 m (2.0 ft).
c.
In All Yards:
i.
Walkways, uncovered driveways, hand rails, and steps or ramps which are necessary
to access a main floor are permitted in all required yards.
ii.
Approved signs in accordance with Section 3.8 of this Bylaw.
3.5.2.
Front Yard Reduction
Where a site is situated between two sites that each contain a principle building which project
beyond the minimum front yard setback as required by this Bylaw, then the front yard setback on
the middle site may be reduced to an average of the two established front yards on the adjacent
sites.
3.5.3.
No Side Yard Required for Shared Party Walls
No side yard shall be required from a common party wall shared between semi-detached dwellings,
townhouses, or other multiple-unit dwellings or commercial buildings.
3.6.
Building Heights
3.6.1.
How to Measure
Building height shall be measured from average grade level to the highest point of the roof
structure, exclusive of any chimney, antenna, satellite dish, solar panel, or any other similar
protrusions that are separate from the roof structure.
3.6.2.
Principal Buildings
The height of any principal buildings or structures shall not exceed 10.0 metres (32.8 feet), unless
otherwise specified in this Bylaw. Taller principal buildings may be considered by resolution of
Council (discretionary use approval).
3.6.3.
Accessory Buildings
The height of residential accessory buildings or structures shall not exceed 6.0 metres (19.7 feet),
unless otherwise specified in this Bylaw. Taller accessory buildings may be considered by resolution
of Council (discretionary use approval).
3.6.4.
Exceptions
Telecommunication towers, wind turbines, grain elevators, and other similar structures may be
considered that exceed the maximum height requirements in Sections 3.6.2 and 3.6.3 above
provided they comply with all other provisions of this Bylaw.
3.7.
Fences
3.7.1.
In all Zoning Districts
a.
No fence or similar structure shall interfere with traffic sightlines and shall not be located in
a required sight triangle according to Section 3.14.1 of this Bylaw
b.
Barbed-wire, razor wire, or electrified fences shall be prohibited
Village of Neville
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3.7.2.
In any Residential Zoning District
The height of any fence or similar structure shall be subject to the following height maximums
measured from grade;
a.
In a required front yard:
1.52 metres (5.0 feet)
b.
In a required rear yard:
2.13 metres (7.0 feet)
3.7.3.
In any Community Service, Commercial, Industrial, or Urban Holding Zoning District
For safety purposes or to provide a buffer between uses, a fence may be required by the
Development Officer or Council as a condition of approval according to Sections 2.4.2.b and 2.4.3.c
of this Bylaw.
3.8.
Signs
3.8.1.
In all Zoning Districts
a.
All signage shall be appropriate in scale, design, and placement in order to avoid detracting
from the character of the area.
b.
Elections signs, signs bearing notice of a property available for sale or lease, and other
temporary signs providing information on a specific property are permitted on a temporary
basis provided they comply with Section 3.8 of this Bylaw.
c.
Wayfinding signs, plaques, or other commemorative signs or monuments will be
encouraged that identify areas of the Village or properties with significant natural or
human heritage provided they comply with Section 3.8 of this Bylaw.
d.
Billboard signs advertising a business, service, or product not affiliated with the property
for which it is located, shall require discretionary use approval by Council.
e.
No sign shall project beyond the property lines of the site to which it pertains.
f.
No sign shall be mounted or located in any manner that jeopardizes public safety and shall
not be located within a sight triangle pursuant to Section 3.14.1.
g.
The Village may issue an order to remove signs that are either no longer relevant, in a state
of disrepair, potentially offensive in nature, or represent a potential safety hazard.
h.
Council may waive any and all sign requirements for signs owned by the Village or any non-
profit community group.
3.8.2.
In any Residential Zoning District
No signs shall be permitted in residential zoning districts except:
a.
Signs with the building address
b.
Signs for discretionary uses may be permitted by Council as a condition of approval
according to Section 2.4.3.c of this Bylaw.
c.
An approved home-based business, daycare, preschool, bed and breakfast operation, or
other similar uses may display one (1) fascia sign, not exceeding 1.5 m² (16.12 ft²) in area,
that shall not be illuminated and shall be affixed to the principal building or located as
close to the dwelling as possible.
Village of Neville
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3.8.3.
In Any Community Service, Commercial, Industrial, or Urban Holding Zoning District
a.
In addition to their building or awning sign, approved community service or commercial
uses may have one (1) freestanding sign, which may be fixed or portable, located on the
same property to which it applies.
b.
Freestanding and portable signs shall not exceed 3.0 m² (32.29 ft²) in area.
c.
Illuminated signs shall only be turned on during operating hours and shall not be
intermittent.
d.
Proposed signs for new developments shall be demonstrated on the development permit
application according to Section 2.3.2.d.vi.
e.
Signs applying to community services shall not display advertising of any commercial
service or product.
3.9.
Off-Street Parking & Loading
3.9.1.
In all Zoning Districts
a.
All required parking spaces shall be a minimum 2.75 m (9.0 ft) in width and 5.75 m (18.9 ft)
in length.
b.
Parking spaces shall not be located in a required front yard unless located on a designated
parking pad, driveway, or parking lot.
c.
All required parking lots, parking spaces, and loading spaces shall be surfaced in a suitable
material that can be used year-round
d.
Any access and egress points shall be clearly marked rather than continuous along the
public-right of way.
3.9.2.
In any Residential Zoning District or a Residential Use in Any Zoning District
a.
One (1) off-street parking space shall be provided per dwelling unit in all Zoning Districts,
which shall be located on the same site as the dwelling unit.
b.
Tandem parking spaces shall be permitted when more than one parking space is required
by this Bylaw due to an approved principal or accessory use.
3.9.3.
In any Community Service, Commercial, Industrial, or Urban Holding Zoning District
a.
No off-street parking or loading spaces are required unless the Development Officer or
Council determines that not providing off-site parking or loading spaces would result in
traffic congestion or parking spill out on to public roads.
b.
Any required off-street parking or loading spaces pursuant to Section 3.9.3.a shall be
contained in a designated area on the subject site or may be located on a site that is within
a convenient walking distance to a maximum of 150 m from the site where the principal
use or building is located.
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3.10. Outdoor Storage
When permitted in association with any approved use in any Zoning District, all outside storage of
vehicles, equipment, machinery, waste, etc. is subject to the following requirements:
3.10.1.
In All Zoning Districts
a.
No yard shall be used for the storage or collection of hazardous material.
b.
Council may establish additional standards for the location and screening of any area
devoted to outdoor storage.
3.10.2.
In any Residential Zoning District or a Residential Use in any Zoning District
a.
No outdoor storage shall be located in the front yard.
b.
Outdoor storage is permitted in a side or rear yard only when clearly accessory and
incidental to the principal residential use.
3.10.3.
In any Community Service, Commercial, Industrial, or Urban Holding Zoning District
No outdoor storage shall be located in the front yard except for:
a.
The neatly arranged display of items for sale; or
b.
In association with an approved storage yard subject to suitable screening at the discretion
of Council.
3.11.
Landscaping
3.11.1.
Developers and landowners shall, wherever possible, practice landscaping strategies that:
a.
Uses native species;
b.
Avoids the removal of existing trees and vegetation; and
c.
Integrates stormwater management to avoid disrupting natural drainage patterns.
3.11.2.
Landscaped areas must not be completely hardscaped with impermeable material.
3.11.3.
No person shall cut or remove any tree that is not located on their own property including municipal
property without being granted permission by the landowner.
3.11.4.
Landscaping or structures of any kind shall not obstruct vehicular or pedestrian travel within an
adjacent public right-of-way.
3.11.5.
As a condition of approval for a development permit pursuant to Section 2.4, the Development
Officer or Council may include additional landscaping requirements or may require a landscape plan
to be submitted that demonstrates a suitable degree of landscaping to enhance the site or provide a
visual screen from an adjacent use or public right-of-way.
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3.11.6.
Any landscaping, including subsequent planting, which is required by this Bylaw or as a condition of
approval for a Development Permit shall be maintained in a healthy growing condition or shall
otherwise be replaced.
3.12.
Site Grading, Levelling & Drainage
3.12.1.
In accordance with the OCP, every development shall be graded and leveled at the owner's expense
to provide for adequate surface drainage that does not adversely affect adjacent properties, public
rights-of-way, or the stability of the land.
3.12.2.
A drainage plan demonstrating the approach to grading and levelling the land according to Section
3.12.1 above may be required at the discretion of the Development Officer or Council.
3.12.3.
Significant filling, raising, excavating or sloping of sites, which could potentially impact neighbouring
properties, with respect to drainage or stability shall be strictly prohibited.
3.13.
Development on Hazard Lands
3.13.1.
Where a proposed development or subdivision is to be located on land considered by Council to be
potentially hazardous, Council may require the applicant to submit a report prepared by a qualified
professional in accordance with Section 5.2.6 of the OCP to assess the suitability of the land for the
proposed development or subdivision, as well as identify any required mitigation measures.
3.13.2.
Actions identified in a report prepared pursuant to Section 3.13.1 may be incorporated as
conditions to the issuance of any development permit and may be required to be registered on title
as an interest in accordance with The Act.
3.13.3.
The Development Officer or Council shall refuse a permit for any proposed development for which
the proposed actions are inadequate to address the conditions present on the hazard land or that
will result in excessive municipal costs.
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3.14. Development in Sight Triangles or Proximity to Provincial
Highways or Railways
3.14.1.
Development in Sight Triangles
No building, structure, earth pile or vegetation in any Zoning District shall obstruct the vision of
drivers within a sight triangle according to the following measurements, and as demonstrated in
Figure 3:
a.
Intersection of two municipal
roads: A sight triangle with a
measurement of 2.0 m (6.56 ft)
from the intersection of the lot
boundaries.
b.
Intersection of a municipal road
and a lane: A sight triangle
measuring 1.0 m (3.28 ft) from the
intersection of the lot boundary
and the lane.
c.
Sight triangles involving a
provincial highway or the railway
shall be determined by MHI.
3.14.2.
Development in Proximity to Provincial Highways
a.
Any proposed development within 90 metres of a provincial highway right-of way requires
a roadside development permit from the Ministry of Highways and Infrastructure (MHI).
b.
Any development, including buildings, trees/shrubs, granaries, dugouts, wells, etc., may be
subject to minimum setbacks from a provincial highway. Setbacks vary depending on the
highway classification and shall be confirmed through correspondence with MHI.
3.14.3.
Development in Proximity to the Railway
a.
The minimum setback from the railway to buildings or structures shall be 30 metres, unless
a greater or lesser amount is established through consultation with MHI and the railway
company, and is subsequently approved by Council.
b.
All development in proximity to a railway shall conform to the regulations contained within
Transport Canada's Standards Respecting Railway Clearances (pursuant to the Railway
Safety Act), and other relevant regulations as described in the OCP.
3.15. Development in Proximity to Pipelines & Transmission Lines
3.15.1.
Any proposed development or subdivision involving pipelines or transmission lines shall be sited in
accordance with all relevant federal and provincial regulations. Refer to "Land Use Planning for
Pipelines publication by Canadian Standards Association (CS) PLUS663".
Figure 3: Sight Triangle Diagram
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3.15.2.
The minimum setback from any development to the right-of-way or easement of an existing pipeline
or transmission line shall be 15 metres, unless a greater setback is required by federal and
provincial regulations, or a lesser setback has been granted by the owner of the pipeline.
3.15.3.
Any proposed development or subdivision located within 350 metres of the centreline of any
existing pipelines, utilities, or transmission right-of-way shall require consultation from the
owner/operator.
3.15.4.
In accordance with The National Energy Board, anyone proposing to conduct a ground disturbance
or excavation within 30 metres of the centreline of a pipeline must:
a.
Ascertain whether a pipeline exist;
b.
Notify the pipeline company of the nature and schedule of the excavation; and
c.
Conduct the excavation in accordance with such regulations.
3.16.
Heritage & Archaeological Resource Management
3.16.1.
Any proposed development or use that may adversely impact designated heritage properties shall
be reviewed and approved in consultation with the provincial ministry or agency responsible for The
Heritage Property Act.
3.16.2.
Where a proposed development or subdivision is to be located on potentially heritage sensitive land
according to the Heritage Conservation Branch's Developers' Online Screening Tool, the
Development Officer shall refer any development application for comments to provincial
departments, other relevant agencies, or qualified professionals.
3.16.3.
If it is determined following further screening that a Heritage Resource Impact Assessment (HRIA) be
required, it is the responsibility of the developer to have it carried out by a qualified professional
under an approved investigation permit. The study shall meet the requirements of the Heritage
Conservation Branch and establish:
a.
The presence and location of heritage sites within the project areas;
b.
Suitable mitigation measures to be implemented;
c.
The content, structure, and importance of those heritage sites; and
d.
The need for follow-up investigations.
3.16.4.
Lands that are subject to a proposed subdivision where significant historical, cultural, or heritage
resources are present may be dedicated as Environmental Reserve in accordance with Section 185 of
The Act.
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3.17.
Environmental Management
3.17.1.
The Development Officer shall refer any application to relevant provincial departments, other
agencies, or qualified professionals where a proposed development or subdivision has the potential
to adversely threaten the natural environment, including:
a.
Critical wildlife habitats;
b.
Native grasslands;
c.
Surface waterbodies and watercourses;
d.
Groundwater or aquifer quality; and
e.
Air quality.
3.17.2.
The Development Officer or Council may require the applicant to submit a report prepared by a
qualified professional in accordance with Section 5.2.6 of the OCP to assess the impact of the
proposed development or subdivision on the natural environment, as well as identify any required
mitigation measures.
3.17.3.
Actions identified in comments and/or a report pursuant to Sections 3.17.1 and 3.17.2 may be
incorporated as conditions to the issuance of any development permit and may be required to be
registered on title as an interest in accordance with The Act.
3.17.4.
The Development Officer or Council shall refuse any development application for which the
proposed actions are inadequate to address the negative impact on the natural environment.
3.18. Storage & Handling of Hazardous Materials
3.18.1.
Any proposed development involving the storage and handling of hazardous materials or
substances shall comply with all relevant provincial and federal regulations, including The Hazardous
Substances and Waste Dangerous Good Regulations, The Environmental Management and Protection Act,
The Dangerous Goods Act, and the Fire Safety Act. The municipality shall be provided with a copy of all
required licenses, permits, and approvals.
3.18.2.
The Development Officer or Council may require the applicant to submit a report prepared by a
qualified professional in accordance with Section 5.2.6 of the OCP to assess the safety of the
proposed development or use, as well as identify any required mitigation measures to minimize the
adverse impacts of the hazardous materials.
3.18.3.
The Development Officer or Council may require the applicant to submit an Emergency
Management Plan in support of the proposed development.
Village of Neville
Zoning Bylaw | 23
3.19.
Wastewater & Waste Disposal
3.19.1.
Every residence or building containing washroom facilities shall be connected to the municipal
wastewater system at the owner's expense.
3.19.2.
Developments outside the serviceable areas shall be connected to private sewage disposal systems
in accordance with the Saskatchewan Onsite Wastewater Disposal Guide and all provincial licensing
requirements.
3.19.3.
In accordance with the Water Security Agency Act and any other provincial regulations administered by
the Ministries responsible for Health and Environment, no liquid, solid, or gaseous wastes shall be
discharged onto any land, into the air, or into any stream, creek, river, lake, pond, slough, drainage
channel, any other body of water.
3.20. Bare Land Condominium Developments
3.20.1.
Bare land condominium developments shall be within an appropriate Zoning District for the
proposed use and should comply, in so much as possible, with the regulations and development
standards of the proposed use as contained in this Bylaw.
3.20.2.
Each bare land condominium unit must have access to a public street or internal private street that
connects to a public street.
3.20.3.
Bare land condominium developments may include private open space and amenity areas for use
by members of the condominium association.
Village of Neville
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4.
Use-Specific Regulations
4.1.
Home-Based Businesses
4.1.1.
Home-based businesses may be accommodated as an accessory use within a dwelling used as the
owner's residence, or building accessory to the dwelling, provided they are clearly secondary to the
principal residential use, compatible with the surrounding residential area, and do not create any
conflict with neighbouring properties or detract from the residential character of the area.
4.1.2.
The owner and operator(s) of the home-based business shall be full-time residents of the dwelling.
4.1.3.
If the property where the home-based business is located is not owned by the home-based business
owner, then a letter from the property owner to the Development Officer authorizing the operation
of the home-based business is required.
4.1.4.
No more than two (2) home-based businesses shall be allowed per dwelling unit.
4.1.5.
The approval of a home-based business does not exempt the property regulations for outdoor
storage in Section 3.10 or any other part of this Bylaw. There shall be no exterior display or storage
of any merchandise or material related to the home-based business.
4.1.6.
No equipment or process used in the home-based business shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable beyond the premises for which the home-based
business is conducted.
4.1.7.
Any business vehicle associated with the home-based business shall require an off-street parking
space. No more than one (1) business vehicle associated with the home-based business shall be
stored on the premises.
4.1.8.
Long-term parking of vehicles of clients or employees hired for off-site jobs shall not be allowed on
or near the premises for which the home-based business is conducted.
4.1.9.
Signage
Signage shall be provided in accordance with Section 3.8.2.c of this Bylaw.
4.1.10.
In addition to the information listed in Section 2.3, applications for home-based businesses shall
include: a description of the proposed business; an indication of the number of business-related
visits per day; parking provision details; and the number of off-site employees.
Village of Neville
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4.1.11.
Approval for the home-based businesses may be revoked at any time, if in the opinion of the
Development Officer or Council, the use is or has become detrimental to the amenity of the area.
4.2.
Secondary, Garden, and Garage Suites
4.2.1.
One (1) secondary, garden, or garage suite may be constructed within a principal, single-detached
dwelling in the R1 Zoning District as demonstrated in Figure 4.
4.2.2.
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.
4.2.3.
Secondary suites must contain cooking, eating, living, sleeping, and private sanitary facilities.
4.2.4.
Secondary, garden, and garage suites shall have a minimum floor area of 41.8 square metres (450
square feet), a maximum of two (2) bedrooms and shall not exceed 74.3 square metres (800 square
feet) or 40% of the total gross floor area of the principal dwelling, whichever is less.
4.2.5.
The minimum distance between the principal dwelling and a garden or garage suite is 3.0 m.
4.2.6.
The windows of a garden or garage suite shall be placed in such a way to minimize overlook into
yards and windows of abutting properties.
Figure 4: Types of Secondary Suites
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Zoning Bylaw | 26
4.3.
Modular & Mobile Dwellings
4.3.1.
In any district where a dwelling is allowed, the dwelling may be in the form of a modular dwelling or
mobile dwelling, but not a park model or trailer coach.
4.3.2.
Modular and mobile dwellings shall be placed on a permanent foundation at a standard comparable
to a conventional detached dwelling.
4.3.3.
All wheels, hitches, and running gear must be removed and skirting must be installed within thirty
days after the arrival of the home.
4.3.4.
Modular and mobile dwellings shall complement neighbouring properties and shall not detract from
the character of the area.
4.3.5.
Modular and mobile dwellings shall bear the applicable safety certification and shall meet the
requirements of the National Building Code and the Building Bylaw.
4.4.
Multi-Unit Dwellings
4.4.1.
Where listed as discretionary, multiple-unit dwellings with three (3) or more dwelling units such as
triplexes, fourplexes, townhouses, apartment buildings, and dwelling groups may be allowed subject
to the Building Bylaw, the National Building Code of Canada, and all relevant provisions of this
Bylaw.
4.4.2.
Preferred locations for multi-unit dwellings shall be corner sites or sites adjacent to public parks and
open spaces.
4.4.3.
Signage
Signage shall be provided in accordance with Section 3.8.2.c of this Bylaw.
4.5.
Residential Care Homes, Daycares, & Preschools
4.5.1.
A residential care home, daycare, or preschool may be approved as a principle or accessory use
provided that it obtains the required provincial license and operates in conformity with the
applicable provincial act and regulations.
4.5.2.
No exterior alterations shall be undertaken to a dwelling that would be inconsistent with the
residential character of the building and surrounding area.
Village of Neville
Zoning Bylaw | 27
4.5.3.
Outdoor Play Space
Daycares and pre-schools shall be required to provide a fenced-in outdoor play space.
4.5.4.
Signage
Signage shall be in accordance with Section 3.8.2.c of this Bylaw.
4.6.
Campground, RV Parks, & Mobile Home Parks
4.6.1.
In accordance with Section 2.3.2., any application for a campground, RV park, or mobile home park
shall include a Site Plan that demonstrates the layout and location of sites, roadways, parking areas,
buildings, utilities, and anything else identified by the Development Officer or Council.
4.6.2.
A campground or RV / mobile home park shall have within its boundaries, a buffer area abutting the
boundary of the site of not less than 4.5 meters which shall contain no buildings.
4.6.3.
The areas of each site shall be clearly demarcated and shall not be located within a required buffer
area or roadway.
4.6.4.
All sites shall be served by an internal all-weather roadway of at least 7.5 meters in width.
4.6.5.
A campground or RV / mobile home park may include the following accessory uses:
a.
Laundromat
b.
Washroom / shower facilities
c.
Confectionary
d.
Swimming pool and other recreational uses
e.
Accommodations for the owner and / or operator(s) of the park
4.6.6.
Campground & RV Parks
a.
The development and operations of the campground or RV park shall comply with The
Public Health Act and any other relevant provincial or federal legislation.
b. The owner or operator of the campground or RV park shall be required to obtain all
necessary licensing in accordance with The Public Accommodations Regulations of
Saskatchewan.
4.6.7.
Mobile Home Parks
a.
Any application for a new mobile home park shall require an accompanying concept plan
to prepared in accordance with the OCP
b.
Mobile, RTM, and modular housing types shall bear the appropriate CSA certification.
c.
All mobile, RTM and modular housing types shall be placed on a permanent foundation at
a standard comparable to a detached dwelling.
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4.7.
Commercial & Industrial Development
4.7.1.
Any required services or utilities shall be of suitable standard and sufficient capacity to meet the
needs of the proposed development.
4.7.2.
Adjacent properties shall not be unduly disturbed by any nuisance generated by the development
such as dust, noise, light, odour, or smoke.
4.7.3.
The Development Officer or Council may require professional validation or a detailed study that
demonstrates the suitability of the land for the proposed use and that negative environmental
impacts will be limited.
4.7.4.
The Development Officer or Council may apply specific development standards or conditions to the
development permit for commercial or industrial development to satisfy the development
application evaluation criteria in Section 2.5 of this Bylaw.
4.7.5.
One (1) Accessory Dwelling Unit for the exclusive use of the owner and/or primary operator of the
commercial or industrial development may be considered as a Discretionary Use.
4.8.
Cannabis
4.8.1.
The development and operation of a Cannabis Retail Shop or Production Facility shall comply with
all federal and provincial regulations and the Village shall be provided with a copy of all required
licenses, permits, and approvals.
4.8.2.
Any potential nuisances including but not limiting to noise, light, smell, traffic, or dust shall be
disclosed to the municipality with a plan to mitigate all nuisances to an acceptable level.
4.9.
Solar Collectors & Satellite Dishes
4.9.1.
The installation of solar collectors and satellite dishes and their supporting structures may be
permitted as an accessory use subject to the following regulations:
a.
They must be located on the same site as the principal use;
b.
They shall be suitably installed and structurally secured according to the manufacturer's
or professional engineer's certificate of structural safety;
c.
Any solar collector or satellite dish not attached to a building shall adhere to the same
setbacks as accessory buildings and structures in Section 3.4.4 of this Bylaw;
d.
Any solar collector or satellite dish and associated structures attached to a building shall
not exceed a height of 1.0 metres above the highest point of the roof upon which it is
Village of Neville
Zoning Bylaw | 29
located unless erected on the roof of an accessory building that is entirely located in a
rear yard.
e.
The solar collector or satellite dish shall comply with applicable provincial requirements.
4.9.2.
Solar Power & Net Metering
The solar collector shall be used solely to produce electricity for uses on the same site, including net
metering;
4.10. Telecommunication Towers
4.10.1.
The development and operation of a telecommunication tower shall comply with all federal and
provincial regulations and the Village shall be provided with a copy of all required licenses, permits,
and approvals.
4.10.2.
The Village will consult with Industry Canada and the proponent to determine a suitable location for
new communication towers. In determining the suitability of a proposed telecommunication tower,
Council shall consider the:
a.
Availability and suitability of the land;
b.
Compatibility of neighbouring land uses;
c.
Height, design, and structural integrity of the tower;
d.
Potential for any detrimental environmental impacts; and
e.
The health and safety of the public.
4.11.
Shipping Containers
4.11.1.
Shipping containers are prohibited in the R1 and C1 Zoning Districts unless used temporarily where
the sole purpose is incidental to the construction or alteration of a building for which a building
permit has been granted.
4.11.2.
Prior to placement of the shipping container on the lot, the property owner shall apply for a
development permit, or a temporary development permit if in the R1 and C1 Zoning Districts.
4.11.3.
No container shall be used for the purpose of signage or advertising.
4.11.4.
Repurposed Shipping Containers
Notwithstanding Section 4.11.1 above, shipping containers that are repurposed for uses other than
temporary storage may be considered in the R1 and C1 Zoning Districts subject to all permits and
requirements applicable to that use, provided it:
a.
Complements its surroundings;
b.
Does not detract from existing community character; and
c.
Adheres to the National Building Code.
Village of Neville
Zoning Bylaw | 30
4.12. Public Utilities & Municipal Facilities
4.12.1.
Public utilities and municipal facilities shall not be subject to any site area or yard requirements,
unless otherwise specified by this Bylaw.
4.12.2.
Specific development standards such as minimum setbacks may be established, at Council's
discretion, to protect existing or planned investments in public utilities and municipal facilities.
4.13. Solid & Liquid Waste Disposal Facilities
4.13.1.
The disposal facility shall be fenced and may require additional buffers such as trees, shrubs or a
berm.
4.13.2.
The location and design of the facility shall take into consideration the direction of prevailing winds
and the impact or nuisance to nearby properties.
4.13.3.
The disposal facility location shall be located a minimum 457 metres from any new residential
development or 300 metres for any existing residential use. Council may consider a reduced setback
from new residential development of 300 metres in rare circumstances where no other option exists
and all potential nuisances are adequately mitigated.
4.13.4.
Development and operation of the facility shall comply with all provincial environmental and health
regulations and the municipality shall be provided with a copy of all required licenses, permits, and
approvals.
4.13.5.
Council may require professional validation or a detailed study that demonstrates the suitability of
the land, and that negative environmental impacts, such as groundwater or aquifer contamination,
will be limited or mitigated to an acceptable level.
Village of Neville
Zoning Bylaw | 31
5.
Zoning Districts
5.1.
Classification of Zoning Districts
For the purpose of this Zoning Bylaw, the Village of Neville is divided into the following Zoning
Districts, which may be referred to by their corresponding symbols in Table 3.
Table 3: Zoning Districts
Zoning District
Symbol
Residential
R1
Local Commercial
C1
Regional Commercial - Light Industrial
M1
Community Service
CS
Urban Holding
UH
5.2.
Zoning District Map
The map enclosed herein as Exhibit B, adopted by Council and signed by the Mayor and Chief
Administrative Officer, and under the seal of the Village of Neville shall be known as the Village of
Neville Zoning District Map and is an integral part of this Bylaw. The Zoning District Map identifies
the Zoning District that applies to every parcel within the municipal boundaries.
5.3.
Boundaries of Zoning Districts
5.3.1.
The boundaries of the Zoning Districts referred to in this Bylaw, together with an explanatory legend
and notations, are shown on the Zoning District Map.
5.3.2.
Unless otherwise shown, the boundaries of the Zoning Districts are site lines, centre lines of streets,
rights-of-way, road allowances or such lines extended, and the municipal boundary.
5.4.
Zoning District Schedules
5.4.1.
The uses or forms of development allowed within a Zoning District, along with regulations or
standards which apply, are contained in the district schedules that follow.
Village of Neville
Zoning Bylaw | 32
6.
R1 | Residential
6.1.
Intent
The intent of the R1 - Residential Zoning District is primarily to provide sites for low-density
residential development including 1- and 2-unit dwellings, as well as other additional compatible
uses. Other housing types, including higher density residential development will be considered in
appropriate locations to support a range of housing needs in the community.
6.2.
Permitted & Discretionary Uses
Subject to the application process in Section 2.4 of this Bylaw, the Development Officer shall
consider a development permit for permitted uses and Council shall consider a development permit
for discretionary uses.
The following uses listed in Tables 4 and 5 and no others are allowed in the R1 Zoning District:
Table 4: Permitted & Discretionary Principal Land Uses in the R1 Zoning District
Principal Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Convenience Store
D
Section 4.7
Daycare; Preschool
D
Section 4.5
Dwelling, Multi-Unit
D
Section 4.4
Dwelling, One-Unit
P
-
Dwelling, Two-Unit
P
-
Dwelling Group
D
Section 4.4
Municipal Facility
P
-
Natural Area; Open Space
P
-
Park; Playground; Sports Field
P
-
Place of Worship
P
-
Public Utilities, excluding waste disposal sites; Public Works
P
Section 4.12
Residential Care Home
D
Section 4.5
Village of Neville
Zoning Bylaw | 33
Table 5: Permitted & Discretionary Accessory Land Uses in the R1 Zoning District
Accessory Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Accessory buildings, structures, and uses
P
Section 3.4
Bed & Breakfast; Vacation Rental
D
Section 4.1
Suite, Garden or Garage
D
Section 4.2
Suite, Secondary
P
Section 4.2
6.3.
Development Standards
6.3.1.
Subdivision
a.
All subdivisions shall be adequately serviced to municipal and provincial standards.
b.
All uses shall have adequate access and egress to the municipal or provincial road system.
c.
All parcels created as a result of a proposed subdivision, including the remainder, shall
abut or have frontage on a registered street.
d.
The applicant of a proposed development or subdivision shall be responsible for the costs
of providing any required new or upgraded municipal services and/or streets.
e.
Multiple-lot subdivisions shall be discretionary and may require a Concept Plan and or
Supporting Studies / Technical Investigations.
6.3.2.
Site Size Requirements for Specific Uses
Table 6: Site Size Requirements in the R1 Zoning District
Land Use
Min. Site
Area
Min. Site
Frontage
Minimum Setback
Max. Site
Coverage
Front
Yard
Int. Side
Yard
Ext. Side
Yard
Rear
Yard
Dwelling,
Single-
Detached
360 m2
(3,875 ft2)
12.0 m
(39.4 ft)
4.5 m
(14.8 ft)
1.2 m
(3.9 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
50%
Dwelling,
Duplex
360 m2
(3,875 ft2)
12.0 m
(39.4 ft)
4.5 m
(14.8 ft)
1.2 m
(3.9 ft)
3.0 m
(9.8 ft))
4.5 m
(14.8 ft)
50%
Dwelling,
Semi-
Detached
360 m2
(3,875 ft2)
12.0 m
(39.4 ft)
4.5 m
(14.8 ft)
1.2 m
(3.9 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
50%
Dwelling,
Townhouse
360 m2
(3,875 ft2)
12.0 m
(39.4 ft)
4.5 m
(14.8 ft)
1.2 m
(3.9 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
50%
Apartment
450 m2
(4,844 ft2)
15.0 m
(49.2 ft)
4.5 m
(14.8 ft)
1.5 m
(4.9 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
60%
Other
Principal
Uses
450 m2
(4,844 ft2)
15.0 m
(49.2 ft)
4.5 m
(14.8 ft)
1.5 m
(4.9 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
60%
Village of Neville
Zoning Bylaw | 34
6.3.3.
Standards for Discretionary Uses
Council shall consider development permit applications for discretionary uses in the R1 Zoning
District with respect to the intent, uses, and development standards of this schedule and may apply
conditions designed to achieve them per:
a.
The development application evaluation criteria in Section 2.5;
b.
Any relevant general regulations in Section 3.0;
c.
Any relevant use-specific regulations in Section 4.0; and
d.
The Vision, Goals, Objectives and Policies of the OCP.
Village of Neville
Zoning Bylaw | 35
7.
C1 | Local Commercial
7.1.
Intent
The intent of the C1 - Local Commercial Zoning District is to accommodate commercial uses that are
small in scale and provide goods and services to local residents.
7.2.
Permitted & Discretionary Uses
Subject to the application process in Section 2.4 of this Bylaw, the Development Officer shall
consider a development permit for permitted uses and Council shall consider a development permit
for discretionary uses.
The following uses listed in Tables 7 and 8 and no others are allowed in the C1 Zoning District:
Table 7: Permitted & Discretionary Principal Land Uses in the C1 Zoning District
Principal Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Art Studio; Gallery
P
-
Cannabis Retail Shop
D
Section 4.8
Community Facility; Library
P
-
Daycare; Preschool
P
Section 4.5
Dwelling, Multi-Unit; Mixed-Use Buildings
D
Section 4.4
Hotel; Motel
D
Section 4.7
Medical Clinic; Health Care Clinic
P
-
Municipal Facility
P
Section 4.12
Natural Area; Open Space
P
-
Office; Professional Services; Financial Services
P
Section 4.7
Park; Playground; Sports Field
P
-
Personal Services
P
Section 4.7
Place of Worship
P
-
Public Utilities, excluding waste disposal sites
P
Section 4.12
Recreational Use; Recreational Use, Commercial
P
Restaurant; Café; Bakery
P
Section 4.7
Retail Store
P
Section 4.7
Social Club
P
-
Village of Neville
Zoning Bylaw | 36
Table 8: Permitted & Discretionary Accessory Land Uses in the C1 Zoning District
Accessory Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Accessory buildings, structures, and uses
P
Section 3.4
Accessory Dwelling Unit
D
Section 4.7
7.3.
Development Standards
7.3.1.
Subdivision
a.
All subdivisions shall be adequately serviced to municipal and provincial standards.
b.
All uses shall have adequate access and egress to the municipal or provincial road system.
c.
All parcels created as a result of a proposed subdivision, including the remainder, shall
abut or have frontage on a registered street.
d.
The applicant of a proposed development or subdivision shall be responsible for the costs
of providing any required new or upgraded municipal services and/or streets.
7.3.2.
Site Size Requirements for Specific Uses
Table 2: Site Size Requirements in the C1 Zoning District
Land Use
Min. Site
Area
Min. Site
Frontage
Minimum Setback
Max. Site
Coverage
Front
Yard
Int. Side
Yard
Ext. Side
Yard
Rear
Yard
Any
Principal
Land Use
250 m2
(2,691 ft2)
7.5 m
(24.6 ft)
0.0 m
(0.0 ft)
0.0 m *
(0.0 ft)
0.0 m
(0.0 ft)
1.5 m
(4.9 ft)
75%
* Unless abutting a residential site in which case the setback shall be 1.2 m (3.9 ft)
7.3.3.
Standards for Discretionary Uses
Council shall consider development permit applications for discretionary uses in the C1 Zoning
District with respect to the intent, uses, and development standards of this schedule and may apply
conditions designed to achieve them per:
a.
The development application evaluation criteria in Section 2.5;
b.
Any relevant general regulations in Section 3.0;
c.
Any relevant use-specific regulations in Section 4.0; and
d.
The Vision, Principles, Objectives and Policies of the OCP.
Village of Neville
Zoning Bylaw | 37
8.
M1 | Regional Commercial - Light
Industrial
8.1.
Intent
The intent of the M1 - Regional Commercial - Light Industrial Zoning District is to provide for a range
of commercial uses and facilities that require larger sites, outdoor storage, and convenient vehicular
access for highway traffic accommodating both local and the travelling public, as well as the orderly
development of light industrial uses which are not unsightly, hazardous, or nuisances.
8.2.
Permitted & Discretionary Uses
Subject to the application process in Section 2.4 of this Bylaw, the Development Officer shall
consider a development permit for permitted uses and Council shall consider a development permit
for discretionary uses.
The following uses listed in Tables 10 and 11 and no others are allowed in the Light Industrial-
Commercial Zoning District:
Table 3: Permitted & Discretionary Principal Land Uses in the M1 Zoning District
Principal Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Abattoir; Meat Processing
D
Section 4.7
Bulk Fuel Sales and Storage
D
Section 4.7
Cannabis Production Facility
D
Section 4.8
Community Facility; Library
P
-
Contractor's Yard; Storage Yard
D
Section 4.7
Fertilizer Sales and Storage
D
Section 4.7
Gas Bar; Service Station
P
Section 4.7
Greenhouse, Commercial; Garden Centre
P
Section 4.7
Hotel; Motel
P
Section 4.7
Manufacturing
D
Section 4.7
Municipal Facilities
P
Section 4.13
Natural Area; Open Space
P
-
Oilfield Parking and Staging
D
Section 4.7
Place of Worship
P
-
Village of Neville
Zoning Bylaw | 38
Public Utilities
P
Section 4.13
Recreational Use; Recreational Use, Commercial
P
Recycling Depot
D
Section 4.7
Restaurant; Café; Bakery
D
Section 4.7
Salvage Yard; Auto Wrecker
D
Section 4.7
Seed and Grain Processing and Storage
D
Section 4.7
Telecommunication Tower
D
Section 4.10
Vehicle Sales and Service
P
Section 4.7
Warehousing
D
Section 4.7
Table 4: Permitted & Discretionary Accessory Land Uses in the M1 Zoning District
Accessory Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Accessory buildings, structures, and uses
P
Section 3.4
Accessory Dwelling Unit
D
Section 4.7
8.3.
Development Standards
8.3.1.
Subdivision
a.
All subdivisions shall be adequately serviced to municipal and provincial standards.
b.
All uses shall have adequate access and egress to the municipal or provincial road system.
c.
All parcels created as a result of a proposed subdivision, including the remainder, shall
abut or have frontage on a registered street.
d.
The applicant of a proposed development or subdivision shall be responsible for the costs
of providing any required new or upgraded municipal services and/or streets.
e.
Multiple-lot subdivisions shall be discretionary and may require a Concept Plan and or
Supporting Studies / Technical Investigations.
8.3.2.
Site Size Requirements for Specific Uses
Table 5: Site Size Requirements in the M1 Zoning District
Land Use
Min. Site
Area
Min. Site
Frontage
Minimum Setback
Max. Site
Coverage
Front
Yard
Int. Side
Yard
Ext. Side
Yard
Rear
Yard
Commercial
Uses
500 m2
(5,382 ft2)
15.0 m
(49.2 ft)
4.5 m
(14.8 ft)
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
3.0 m
(9.8 ft)
75%
Industrial
Uses
750 m2
(8,073 ft2)
20.0 m
(65.6 ft)
6.0 m
(19.7 ft)
3.0 m
(9.8 ft)
3.0 m
(9.8 ft)
4.5 m
(14.8 ft)
75%
Village of Neville
Zoning Bylaw | 39
8.3.3.
Standards for Discretionary Uses
Council shall consider development permit applications for discretionary uses in the M1 Zoning
District with respect to the intent, uses, and development standards of this schedule and may apply
conditions designed to achieve them per:
a.
The development application evaluation criteria in Section 2.5;
b.
Any relevant general regulations in Section 3.0;
c.
Any relevant use-specific regulations in Section 4.0; and
d.
The Vision, Goals, Objectives and Policies of the OCP.
Village of Neville
Zoning Bylaw | 40
9.
CS | Community Service
9.1.
Intent
The intent of the CS - Community Service Zoning District is to provide areas for a range of activities
that serve the community including social, recreational, institutional, and public services.
9.2.
Permitted & Discretionary Uses
Subject to the application process in Section 2.4 of this Bylaw, the Development Officer shall
consider a development permit for permitted uses and Council shall consider a development permit
for discretionary uses.
The following uses listed in Tables 13 and 14 and no others are allowed in the Community Service
Zoning District:
Table 6: Permitted & Discretionary Principal Land Uses in the CS Zoning District
Principal Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Campground
P
Section 4.6
Cemetery
P
-
Community Facility; Library
P
-
Daycare; Preschool
P
Section 4.5
Educational Facility
P
-
Fire Hall; Police Station
P
-
Medical Clinic; Health Care Clinic
P
-
Municipal Facility
P
Section 4.12
Natural Area; Open Space; Community Garden
P
-
Park; Playground; Recreational Use; Sports Field
P
-
Place of Worship
P
-
Public utilities, excluding waste disposal sites
P
Section 4.12
Social Clubs and Lodges
D
-
Telecommunication Tower
D
Section 4.10
Village of Neville
Zoning Bylaw | 41
Table 7: Permitted & Discretionary Accessory Land Uses in the CS Zoning District
Accessory Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Accessory buildings, structures, and uses
P
Section 3.4
9.3.
Development Standards
9.3.1.
Subdivision
a.
All subdivisions shall be adequately serviced to municipal and provincial standards.
b.
All uses shall have adequate access and egress to the municipal or provincial road system.
c.
All parcels created as a result of a proposed subdivision, including the remainder, shall
abut or have frontage on a registered street.
d.
The applicant of a proposed development or subdivision shall be responsible for the costs
of providing any required new or upgraded municipal services and/or streets.
9.3.2.
Site Size Requirements for Specific Uses
Table 8: Site Size Requirements in the CS Zoning District
Land Use
Min. Site
Area
Min. Site
Frontage
Minimum Setback
Max. Site
Coverage
Front
Yard
Int. Side
Yard
Ext. Side
Yard
Rear
Yard
Any
Principal
Land Use
-
-
3.0 m
(9.8 ft)
1.2 m
(3.9 ft)
1.5 m
(4.9 ft)
3.0 m
(9.8 ft)
-
9.3.3.
Standards for Discretionary Uses
Council shall consider development permit applications for discretionary uses in the Community
Service Zoning District with respect to the intent, uses, and development standards of this schedule
and:
a.
The development application evaluation criteria in Section 2.5;
b.
Any relevant general regulations in Section 3.0;
c.
Any relevant use-specific regulations in Section 4.0; and
d.
The Vision, Goals, Objectives and Policies of the OCP.
Village of Neville
Zoning Bylaw | 42
10. UH | Urban Holding
10.1.
Intent
The intent of the UH - Urban Holding Zoning District is to reserve lands not immediately required for
urban development and where the future use and timing of development is uncertain. Interim or
transitional land uses, such as agricultural crop production, are provided for that will not jeopardize
or restrict potential development of the area. Any rezoning to another Zoning District shall conform
with the OCP and may require an accompanying Concept Plan.
10.2.
Permitted & Discretionary Uses
Subject to the application process in Section 2.4 of this Bylaw, the Development Officer shall
consider a development permit for permitted uses and Council shall consider a development permit
for discretionary uses.
The following uses listed in Tables 16 and 17 and no others are allowed in the Urban Holding
Zoning District:
Table 9: Permitted & Discretionary Principal Land Uses in the UH Zoning District
Principal Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Apiary; mushroom farm
D
-
Community Garden
D
-
Crop production; pastures; grazing
P
-
Habitat Conservation
P
-
Historical and archaeological sites
P
-
Natural Area; Open Space
P
-
Public utilities, excluding waste disposal sites
P
Section 4.12
Table 10: Permitted & Discretionary Accessory Land Uses in the UH Zoning District
Accessory Land Use
Permitted/
Discretionary
Use-Specific
Regulation
Accessory buildings, structures, and uses
P
Section 3.4
Village of Neville
Zoning Bylaw | 43
10.3. Development Standards
10.3.1.
Subdivision
The subdivision of lands within the UH Zoning District shall be prohibited without an accompanying
Zoning Bylaw amendment.
10.3.2.
Site Size Requirements for Specific Uses
Table 11: Site Size Requirements in the UH Zoning District
Land Use
Min. Site
Area
Min. Site
Frontage
Minimum Setback
Max. Site
Coverage
Front
Yard
Int. Side
Yard
Ext. Side
Yard
Rear
Yard
Any
Principal
Land Use
-
-
6.0 m
(19.7 ft)
3.0 m
(9.8 ft)
3.0 m
(9.8 ft)
5.0 m
(16.4 ft)
-
10.3.3.
Standards for Discretionary Uses
Council shall consider development permit applications for discretionary uses in the UH Zoning
District with respect to the intent, uses, and development standards of this schedule and:
a.
The development application evaluation criteria in Section 2.5;
b.
Any relevant general regulations in Section 3.0;
c.
Any relevant use-specific regulations in Section 4.0; and
d.
The Vision, Goals, Objectives and Policies of the OCP.
Village of Neville
Zoning Bylaw | 44
Exhibit A: Definitions
Whenever the following words or terms are used in this Bylaw or the OCP, they shall be held to have
the following meaning unless provided otherwise.
A
Abattoir: A facility for butchering or slaughtering animals, and to dress; cut; inspect; refrigerate;
cure; and, manufacture meats and meat by-products.
Accessory: A use, building, or structure customarily associated with, incidental to, subordinate to,
and located on the same parcel as the principal use, building or structure.
Act, The: The Planning and Development Act, 2007 of the Province of Saskatchewan.
Adjacent: Contiguous or would be contiguous if not for a river; stream; rail line; street; utility right-
of-way; reserve land; and, any other land identified in this Bylaw as adjacent land for the purpose of
notification.
Agricultural Operation: As defined in The Agricultural Operations Act.
Agricultural Use: The use of land, buildings or structures for the purpose of animal husbandry;
fallow; field crops; forestry; market gardening; pasturage; private (non-commercial) greenhouses;
and, includes the growing; packing; treating; storing; and, sale of produce produced on the premises
and other similar uses customarily carried in the field of general agriculture.
Alteration or Altered: any structural change or addition to a building or structure, including a
change from one type of use to another.
Applicant: A developer or person applying for a development permit, subdivision approval or a
bylaw amendment.
Automobile (Motor Vehicle): A self-propelled passenger vehicle that usually has two (2) to four (4)
wheels; an internal combustion engine; alternative energy sources such as electrical, fuel cell or a
hybrid of the two; and is used for land transport.
B
Bare Land Condominium: A bare land condominium involves dividing land into individually owned
'bare land units'. A proposed plan of survey to create a bare land condominium requires the
subdivision of the land and subdivision approval pursuant to The Act. Buildings on each bare land
unit are owned by the individuals. The balance of the land around the units is common property.
Generally, buildings on private units or common property are not constructed until after the bare
land condominium plan has been registered. To ensure compliance with municipal bylaws, the
municipality should discuss with the developer, any proposed construction of buildings prior to
registration of the condominium plan. All buildings and improvements on common property are
owned by the condominium corporation. Bare land condominiums are sometimes managed as
exclusive communities, with control over local access.
Village of Neville
Zoning Bylaw | 45
Bare Land Condominium Unit: A bare land unit as defined by The Condominium Property Act, 1993.
Bed and Breakfast: A dwelling unit, licensed as a tourist home under the Public Accommodations
Regulations, in which overnight accommodation within the dwelling unit, along with one (1) meal
served before noon, is provided to the traveling public for a charge.
Buffer: A strip of land, vegetation, or land use that physically separates two (2) or more different
land uses.
Building: A structure constructed on, in or over land and used for the shelter or accommodation of
persons; animals; goods; or, chattels, and includes any structure covered by a roof supported by
walls or columns.
Building, Accessory: A subordinate building detached from a principal building, located on
the same site, the purpose of which is to enclose a use accessory to or part of the principal
use.
Building, Principal: A building within which the principal use of the parcel is housed or
conducted.
Building Bylaw: A bylaw of the Village of Neville to regulate the erection; alteration; repair;
occupancy; or, maintenance of buildings and structures.
Building Height: The height of a building according to Section 3.6 of this Bylaw.
Building Permit: A permit issued under the Building Bylaw of the Village of Neville, authorizing the
construction of all or part of any building or structure, and does not include a Development Permit.
C
Campground: An area used for a range of overnight camping experiences, from tenting to serviced
RV sites, including accessory facilities which support the use, such as administration offices and
laundry facilities, though not including the use of mobile homes or trailers on a permanent year-
round basis.
Cannabis Production Facility: a federally licensed facility for the growing of cannabis plants and
harvesting of product from those plants where all plant growth activities are carried out indoors.
Cannabis Retail Shop: A retail business operating from a storefront location authorized by The
Cannabis Control Act selling any part of the cannabis plant, processed or unprocessed, including any
derivative, concentrate or edible product originating from the cannabis plant.
Carport: A building or structure or part thereof, where the majority 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.
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.
Village of Neville
Zoning Bylaw | 46
Commercial Use: The use of land, building(s), or structure(s) for the purpose of buying and selling
commodities, and supplying professional and personal services for compensation.
Community Facility: Building or facilities used for recreational; social; educational; or, cultural
activities and that are owned by a municipal corporation, non-profit corporation or other non-profit
organization.
Condominium: Land, buildings and units including private and common property as defined under
The Condominium Property Act, 1993.
Condominium Unit: A division of land or building as defined in The Condominium Property Act, 1993.
Convenience Store: The store offering for sale primarily food products; beverages; personal care
items; hardware; and, printed matter and which primarily provides convenient day-to-day services
to residents and visitors of the area.
Council: The elected Council of the Village of Neville.
D
Daycare Centre: An establishment providing for the care, supervision and protection of children,
adults, or seniors, though does not include the provision of overnight supervision.
Demolition Permit: A permit issued for the removal or dismantling of a building or structure within
the Village boundaries as prescribed under The Construction Codes Act.
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 Officer: A person appointed by Council to act as a Development Officer to administer
this Bylaw.
Development Permit: A document issued by the Village of Neville that authorizes development
pursuant to this Bylaw, and does not include a Building Permit.
Driveway: The portion of a parcel used to provide vehicular access from a street to a parking space
or to an off-street parking or loading area located on the same parcel.
Dwelling: A building or part of a building intended for residential occupancy.
Dwelling, Mobile: A structure built on a deformation resistant frame or metal chassis that
is defined in the Canadian Standards Association (CSA) and bears a CSA seal attesting that
the structure complies with the #Z240 standards built prior to 2019 or CSA standard #A277
built after January 1, 2019. Mobile dwellings are constructed off-site in a yard or factory and
include a deformation resistant frame to allow them to be placed on a surface riding
foundation such as cribbing for ease of transportation to site.
Dwelling, Modular: A residential dwelling that is constructed off-site in a yard or factory, in
one (1) or more sections, transported to a site for permanent installation on a permanent
Village of Neville
Zoning Bylaw | 47
foundation (may have a basement), having architectural features similar to permanent
residential dwellings built on site, and conforming to CSA standard #A277.
Dwelling, Multi-Unit: A building containing three (3) or more dwelling units including a
triplex, fourplex, townhouse, or apartment that are distinct from a rooming house, hotel or
motel.
Dwelling, One-Unit: A building containing only one (1) dwelling unit that is occupied or
intended to be occupied as a permanent home or residence, and may take the form of a
Single-Detached Dwelling, Mobile Dwelling, or Modular Dwelling.
Dwelling, Single-Detached: A building containing only one (1) dwelling unit that is
occupied or intended to be occupied as a permanent home or residence, and that shall not
include a Recreational Vehicle, Mobile Dwelling, Truck Camper, 5th Wheel Trailer, or Trailer
Coach as herein defined.
Dwelling, Townhouse: A building divided vertically into three or more attached dwelling
units with common side walls under one roof, each having a separate exterior entrance.
Dwelling, Two-Unit: A building divided into two (2) dwelling units with separate entrances
that are separated by a common party wall.
Dwelling Group: A group of single-detached, two-unit, or multiple unit dwellings clustered on one
(1) site, built as one (1) development.
Dwelling Unit: One (1) or more habitable rooms used, or fully capable of being used as a residence,
where each unit provides sleeping, cooking and toilet facilities.
E
Environmental Reserve: Dedicated lands that are provided to a municipality for protecting or
conserving natural or environmentally sensitive areas, or that were dedicated as public reserve and
transferred to a municipality pursuant to The Act.
Environmentally Sensitive Lands: As defined in The Statements of Provincial Interest Regulations.
Existing: In place, taking place, or with all approvals and permits in place on the date of the
adoption of this Bylaw.
F
Fence: A structure used to enclose or screen areas of land according to Section 3.7 of this Bylaw.
Flood: A temporary rise in the water level that results in the inundation of areas not ordinarily
covered by water.
Flood Proof: A measure, or combination of structural and non-structural measures, incorporated
into the design of a structure, which reduces or eliminates the risk of flood damage to a defined
elevation.
Village of Neville
Zoning Bylaw | 48
Frontage (Site Frontage): The distance across the front site line along a public street (a site must
front on a street).
G
Garage, Private: A building or part of a building used for, or intended to be used for the storage of
motor vehicles and wherein neither servicing nor repairing of such vehicles are carried on for
remuneration.
Gas Bar: A building or place where fuel and automotive fluids are sold and may be added to a
vehicle on the property, and which may have a convenience store and/or restaurant.
Geotechnical Analysis: An assessment or estimation by a qualified expert of the earth's subsurface
and the quality and or quantity of environmentally mitigative measures that would be necessary for
development to occur.
Grade: The average elevation of the natural ground level at the walls of a building or structure as
determined by the elevation of the outside corners of the building.
Greenhouse, Commercial: A building for the growing of flowers; plants; shrubs; trees; and, similar
vegetation that are not necessarily transplanted outdoors on the same site, though are sold directly
at wholesale or retail from the site.
H
Habitat Conservation: The planning, management and implementation of an activity with the
objective of protecting the essential physical, chemical and biological characteristics of the
environment.
Hazard Land: As defined in The Statements of Provincial Interest Regulations.
Hazardous: A use, substance, or industry that, because of its quality, concentration or physical or
chemical infectious characteristics, either individually or in combination with other substances on
the site, is an existing or potential threat to the physical environment, to human health or other
living organisms.
Heritage Resource: As defined in The Statements of Provincial Interest Regulations.
Highway Sign Corridor: A strip of land parallel and adjacent to a provincial highway, where private
signs may be permitted to advertise goods and services of local area businesses and attractions, as
provided by the regulations of the Department of Highways entitled the Erection of Signs Adjacent to
Provincial Highway Regulations, 1986.
Home-Based Business: Development consisting of the use of a conforming dwelling unit or
residential accessory building as a business by the resident or residents, which is incidental and
secondary to the residence and does not change the building's exterior character. This does not
include a home office, bed and breakfast, or any use that is listed as discretionary or prohibited in
the specific zoning district.
Village of Neville
Zoning Bylaw | 49
Hotel: A building, structure or part of a building or structure in which sleeping accommodation with
or without meals is provided for tourists or travelers, and where guests register or record is kept,
though does not include a motel or rooming house.
I
Industrial Use: The use of land, buildings or structures for the manufacturing, processing,
assembling, fabrication, warehousing, and/or storage of goods and materials.
Institutional Use: The use of land, buildings or structures for religious; charitable; educational;
health; or, welfare purposes and included churches; public or private schools; nursery schools;
hospitals; and, special care.
J
K
L
Loading Space: A space measuring at least 2.5 metres (8.2 ft.) in width and 8.5 metres (27.9 ft.) in
depth, located on a parcel, and having access to a street or land, in which a vehicle may park to load
or unload.
M
Manufacturing: The mechanical or chemical transformation of materials or substances into new
products including the assembling of component parts, the manufacturing of products and the
blending of materials.
Minister: The Minister of Government Relations for the Government of Saskatchewan.
Motel: A building or group of buildings on a parcel 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.
Municipal Facility: A building and/or site owned and/or operated by a municipal government,
including but not limited to: offices, public works, public utilities, and community facilities.
N
Natural Areas: An area relatively undisturbed by human activities and characterised by indigenous
species including remnant or self-sustaining areas with native vegetation, water or natural features.
Non-Conforming Site: A site consisting of one (1) or more contiguous parcels that, on the date a
Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms
to the Bylaw but the site area or site dimensions do not conform to the standards of the Bylaw for
that use.
Village of Neville
Zoning Bylaw | 50
Non-Conforming Use: Any use of land, building, or structure lawfully existing or under construction
where permits have been issued at the time of passing this Bylaw, the use of which does not comply
with all the regulations of this Bylaw governing the zoning district in which it is located.
Noxious Use or Condition: Any use or facility that causes or produces harmful or hazardous noise;
vapours; smoke; dust (particles suspending in or transported by air); vibrations; electrical or
electromagnetic fields; glare; or, light.
O
Office: A building or part of a building used primarily for conducting the affairs of a business;
profession; service; industry; or, government in which no goods or commodities of business or trade
are stored; trans-shipped; sold; or, processed.
Official Community Plan (OCP): The Village of Neville Official Community Plan Bylaw No. 4-2022 as
per Section 32 of The Planning and Development Act, 2007.
Open Space: Passive and structured leisure and recreation areas that enhance the aesthetic quality
and conserve the environment of the community, including parks; recreation; tourism nodes; and,
natural areas.
P
Parcel: An area of land with fixed boundaries on record with the Information Services Corporation
(ISC) by Certificate of Title. For the purposes of this Bylaw the term "parcel" and "site" shall be
deemed not to mean the same. A site may constitute more than one parcel if they are contiguous
and under the same landowner.
Parking Lot: An open area, other than a street, used for temporary parking of more than four (4)
vehicles and available for public or private use.
Parking, Off-Street: Accommodation for the parking of vehicles on private property, off a public
street or highway.
Parking Space: A space within a building or parking lot for the parking of one (1) motor or
recreational vehicle including convenient access to a public right-of-way.
Personal Services: The provision of services related to a customer's personal and/or grooming
needs, excluding the provision of health related services.
Place of Worship: A building set aside by any religious organization for public worship. Typical uses
include churches; chapels; mosques; temples; synagogues; and, parish halls.
Processing: The processing and preparation of commodity or commodities produced off-site and
may be sourced from multiple-locations.
Public Utility: A government, municipal or corporation under Federal or Provincial statue which
operates a public work and/or provides a service to the general public.
Public Works: Under The Act, means:
Village of Neville
Zoning Bylaw | 51
-
systems for the production, distribution or transmission of electricity;
-
systems for the distribution, storage or transmission of natural gas or oil;
-
facilities for the storage, transmission, treatment, distribution or supply of water;
-
facilities for the collection, treatment, movement or disposal of sanitary sewage;
-
telephone, cable television or light distribution or transmission lines; or
-
facilities for the collection, storage, movement and disposal of storm drainage.
Q
R
Recreational Use: The use of land for parks; playgrounds; tennis courts; lawn bowling greens;
indoor and outdoor skating rinks; curling rinks; athletic fields; golf courses; picnic areas; swimming
pools; day camps; community centres; and, all similar uses, together with the necessary and
accessory buildings and structures; though does not include the racing of animals or motorized
vehicles.
Recreational Use, Commercial: The use of land, building(s), or structure(s) for the
purpose of selling a recreational amenity, including but not limited to the racing of animals
or motorized vehicles, and paintball.
Recreational Vehicle (RV): A vehicle intended to provide temporary living accommodation, built as
part of, or to be towed by a motor vehicle to be used on public highway without special permit.
Recreational vehicles include truck campers; motor homes; fifth wheel trailers; travel trailers; and,
tent trailers.
Residential Use: The use of land, buildings or structures for human habitation.
Restaurant: A building or part of a building wherein food is prepared and offered for sale to the
public primarily for consumption within the building. Limited facilities may be permitted to provide
for a take-out food function provided that such a facility is clearly secondary to the primary
restaurant use.
Retail Store: A building or part thereof, or a place where goods; wares; merchandise; substances;
or, articles are offered or kept for sale or rent. This may include limited servicing and manufacturing
of products onsite for sale on the site, so long as it is accessory to the principal retail use of the site.
Rezoning: The act of changing the land use zoning district of land through an application for a
zoning amendment, subject to conditions of this Bylaw and approval from Council.
Right-of-Way: The land set aside for use as a roadway or utility corridor.
Rooming House (Boarding House): A building which contains a room or rooms available to rent for
short-term accommodation other than a dwelling unit or other form of accommodation defined
elsewhere in this Bylaw, where meals may or may not be provided, with sleeping facilities and that
may or may not include private toilet facilities.
S
Village of Neville
Zoning Bylaw | 52
Salvage Yard: A facility where second-hand, discarded or scrap materials are bought; sold;
exchanged; stored; processed; or, handled. Materials include scrap iron; structural steel; rages;
rubber tires; discarded goods; equipment; appliances; or, machinery.
School: An educational facility under the jurisdiction of a Board of Education; a college; university;
or, any other school established and maintained either wholly or partially at public expense,
whether or not the same is a boarding school and includes any dormitory building accessory to the
such school.
Service Station: A site used for the retail sale of lubricating oils and fuel, automobile accessories
and for the servicing and repairing of motor vehicles essential to the operation of a motor vehicle.
This does not include an auto body or painting shop, car sales lot or car washing establishment.
Setback: A required minimum separation distance, usually from the nearest point of a building or
structure to a site line, railway, or centre line of a public street allowance.
Shipping Container (Sea / Rail Can, Box Car, etc.): A standardized reusable steel box used for the
secure storage and efficient intermodal movement of materials and products. It does not contain a
foundation or wheels for movement.
Sight Triangle: The triangular area formed, on corner sites, by the intersection front and side site
lines at an intersection and the straight line joining said site lines, as demonstrated by Figure 3 and
described in Section 3.14.1 of this Bylaw.
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
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.
Sign, Billboard: A private free standing sign, including supporting structure, which
advertises goods; products; services; organizations; or facilities that are available from,
located on or refer to a site other than the site on which the sign is located.
Sign, Fascia: A sign fastened to, or painted on the wall of a building or structure in such a
manner that the wall becomes the supporting structure for, or forms the background
surface of the sign and which does not project more than 0.5 metres (1.6 ft.) from such
building or structure.
Sign, Directional or Wayfinding: Signage located off-site providing direction to, and
information about, a specific enterprise or activity, which does not contain general
advertising.
Site: An area of land, consisting of one (1) or more continuous parcels with the same landowner,
considered as a unit devoted to a certain use or occupied by a building or permitted group of
buildings, and the customary accessories and open spaces belonging to the same. For the purposes
of this Bylaw the term "parcel" and "site" shall be deemed not to mean the same. A site may
constitute more than one parcel if they are contiguous and under the same landowner.
Site, Corner: A site at the intersection of two (2) or more public roadways.
Village of Neville
Zoning Bylaw | 53
Site Area: The total horizontal area within the site lines of a site.
Site Coverage: The percentage of the site area covered by all the buildings above the ground level.
Site Depth: The horizontal distance between the front site and rear site lines, but where the front
and rear site lines are not parallel to the site depth is the length of a line joining the midpoint of
such site lines.
Site Line: Any boundary of a site.
Site Line, Front: The boundary that divides the site from the public road allowance,
highway or street. In the case of a corner site, the site boundary that abuts the public street
allowance, highway or street to the front of the principal building shall be deemed to be the
front site line. Site frontage for a non-rectangular site shall be defined as the mean of the
measured front and rear site lines.
Site Line, Rear: The site line at the rear of the site, opposite the front site line.
Site Line, Side: A site line other than a front or rear site line.
Site Plan: A plan showing the location of existing and proposed buildings and other features on a
site in relationship to the site lines as further described in Section 2.3.2.d.
Solar Energy System, Commercial: A solar panel energy conversion system consisting of solar
panels and associated control or conversion electronics, which is intended to produce power for
resale or off-site distribution.
Solar Energy System, Private: A solar energy conversion system consisting of solar panels and
associated control or conversion electronics, where the priority and intention is to provide electrical
power for use on-site (either behind the meter or off-grid).
Storage Facility: A commercial business that rents or leases storage rooms; lockers; containers;
modular storage units; and/or, outdoor space for businesses and individuals to store and access
their goods.
Street: The whole and entire width of every highway, public street or road allowance vested in Her
Majesty, in the right of the Province of Saskatchewan, and shown as such on a plan of survey
registered at the Information Services Corporation (ISC).
Structure: Anything that is built, constructed or erected that is located on the ground, or attached
to something located on or in the ground.
Subdivision: A division of land, including a division of a quarter section, into legal subdivision as
described in the regulations made pursuant to the Land Surveys Act, 2000.
Subdivision, Multiple-Lot: A subdivision that creates more than two new sites in any
Zoning District.
Suite, Garage or Garden: An accessory dwelling unit located within a detached accessory building
that has cooking, sleeping, and sanitary facilities which are separate from those of the single-
Village of Neville
Zoning Bylaw | 54
detached dwelling. Typically garden suites are standalone structures while garage suites are either
attached to or located above a detached garage.
Suite, Secondary: An accessory dwelling unit which may located within a single-detached dwelling
or in a detached accessory building on the same property as a single-detached dwelling.
Sustainable: As defined in The Statements of Provincial Interest Regulations.
T
Telecommunication Tower: A structure situated on a non-residential site that is intended for
transmitting or receiving television, radio or cellular communications, excluding those used
exclusively for dispatch communications.
Trucking or Transportation Firm: The use of land, buildings or structures for the purpose of
storing; repairing; loading trucks, transporting trailers and/or buses, and does not include an
automobile service station, transportation sales or rental outlets.
U
Use: The activity or purpose for which any land, building, structure or premise, or part thereof is
arranged, designed or intended, occupied or maintained.
Use, Accessory: See "Accessory".
Use, Discretionary: 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.
Use, Permitted: A use or development which is rightfully allowed in its Zoning District
subject to the regulations of this Bylaw and following application for a development permit
that is approved by the Development Officer.
Use, Principal: The main or primary activity, for which a site or its buildings are designed;
arranged; developed; intended; or, for which is occupied or maintained.
V
Vacation Rental: The short-term rental of a dwelling unit as temporary accommodation by a person
or group of persons for up to 30 days or based on a daily or weekly rate by way of concession,
permit, lease, license, rental agreement or similar arrangement, unless otherwise prohibited by this
Bylaw, or any other Bylaw of the Village. A Vacation Rental may also include a single-detached
dwelling which is owner occupied, and in which not more than two bedrooms are rented.
W
Warehousing: The use of a building for the storage and distribution of wholesale goods and
materials.
Village of Neville
Zoning Bylaw | 55
Waterbody: A lake; pond; reservoir; lagoon; swamp; marsh; wetland; or, any other area containing
standing surface water, either permanently or intermittently.
Watercourse: A river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any
other channel having a bed and sides or banks in which water flows either permanently or
intermittently.
Wind Energy System: Any structure(s) used for the conversion, production, and transmission of
wind energy into electrical energy and related facilities connected to a substation or metering point.
Wind Energy System, Commercial (Wind Farm): Wind energy conversion system
consisting of wind turbine(s), a tower and associated control or conversion electronics,
which is intended to produce power for resale.
Wind Energy System, Private: Wind energy conversion system consisting of wind
turbine(s), a tower and associated control or conversion electronics, where the priority and
intention is to provide electrical power for use on-site (either behind the meter or off-grid).
Wind Energy System Height: The height from ground level to the tip of the blade at its highest
point.
Work Camp: A temporary residential complex used to house workers/contractors on a temporary
basis of more than 28 days and less than two years. The camp is made up of three or more mobile
units or travel trailers, clustered in such fashion as to provide sleeping, food preparation/eating,
recreation, parking and other basic living facilities. Modular, manufactured, or any type of dwelling
on permanent foundations are not permitted. Typically, this use is required seasonally to support
the short-term housing demands of a large-scale construction workforce.
X
Y
Yard: Uncovered space, open to the sky on the same site with a building or structure.
Yard, Front: The area from the front building line and the front site line, between the side
site lines.
Yard, Rear: The area from the rear building line and the rear site line, between the side site
lines.
Yard, Side: The area between the side parcel line and the nearest wall of the principal or
accessory building or structure on the site.
Z
Zoning District: Divisions identified in the Zoning Bylaw according to Section 5.0 of this Bylaw that
establish permitted and discretionary uses as well as development standards.
Village of Neville
Zoning Bylaw | 56
Exhibit B: Zoning District Map
Legend
Scale
VILLAGE OF NEVILLE | ZONING DISTRICT MAP
Highway 43
Great Western Railway
Village Boundary
Property Line
N
Transportation
Administrative
m
0
50
100
200
400
October 2022
R1 Residential
C1 Local Commercial
M1 Regional Commercial-Light Industrial
CS Community Service
UH Urban Holding
Zoning District
Mayor
Village Administrator
Date
Exhibit 'B' of Zoning Bylaw
No. 5-2022
Location
RM of Whiska Creek No. 106
Village of
Neville
Hamlet of
Pambrun
Village of
Vanguard
Village Lagoon
43
RAILWAY AVENUE
PRAIRIE AVENUE
PROSPECT AVENUE
1
2
3
4
5
8
9
10
11
12
13
A
F
RM of Whiska Creek No. 106
A
B
14
15
6
7
SASKATCHEWAN AVENUE
MOWBRAY STREET
WARWICK STREET
GLOUCESTER STREET
YORK STREET