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ZONING BYLAW
FOR THE
RESORT VILLAGE OF PELICAN POINTE
BYLAW NO. 1/2OOO
1 .
PART IV. GENERAL
REGULATION9
The following regulations shall apply to all Zoning Districts in this Bylaw.
Licenses. Permits_and
Compliance with Other Bvlaws and Legislation
Nothing in this Bylaw shall exempt any person from complying with the requirements
of a
building bylaw or any other bylaw in force within the Resort Mllage or from obtaining any
license, permission, permit, authority or approval required by this or any other bylaw of the
Resort Mllage. Where requirements
in this Bylaw conflict with those of any other municipal
requirements,
the more stringent requirements
shall prevail.
Permitted Yard Encroachments
The following yard encroachments
shall be permitted:
A. Uncovered balconies, porches, verandahs,and
decks may proiect 1.8 metres into any
required front or rear yard.
B. Window sills, eaves, gutters, bay windows, chimneys and similar non-structural
alterations may project a distance of 600 millimetres into any required yard but not
closer to a lot line than 150 millimetres.
Number of Principle Buildings Pemitted on a Lot
Not more than one principal building shall be placed on any one lot. The development
officer
shall advise the applicant in writing that adherence to the Bylaw Regulations
and Provincial
Subdivision Regulations (where applicable) will be necessary if any future application for
subdivision
is made.
Non- Conforning Buildings and Uses
A. Any lawful use of land, an existing building or of any building laMully under construction
at
the date of approval of this Bylaw, although such use or building does not confom to the
regulations of this Bylaw, shall be carried on in accordance with the provisions of
Sections 113 and 118 inclusive,
of theAct.
B. No existing use or building shall be deemed to be non-conforming
by reason only of the
conversion of this Byfaw frorn lmperial System of Measurement to the Metric System of
Measurement where such non-conformity is resultant solely frorn such change and is
reasonably equivalent to the rnetric standard herein established.
Gradinq and Levelling of Lots
Any lot proposed for development shall be graded and levelled at the ownefs expense to
prwide for adequate surface drainage which does not adversely affect adjacent property.
6. Signs
A. No sign shall be located in any manner that may obstruct or jeopardize the safe$ of the
public.
2.
3.
4.
5.
PART I.INTRODUCTION
Under the authority granted by the Planning and Development
Act, 1983, the Council of the
Resort Village of Pelican Pointe in the Province of Saskatchewan, in open meeting, hereby
enacts as follows:
Title
This Bylaw shall be known and may be cited as the 'Zoning
Bylavr/' of the Resort Village of Pelican Pointe.
Purpose
The purpose of this Bylaw is to control the use of land in the
Resort Village of Pelican Pointe so as to provide for the amenity
of the area and for the health, safety and general welfare of the
inhabitants of the municipality
and to implement the policies of
the Basic Planning Statsnent.
Scope
No development
shall hereafter be permitted within the limits of
the Resort Village of Pelican Pointe except in the conformity with
the provisions of the Bylaw, the Basic Planning Staternent
and
The Act.
Severability
A decision of a Court that one or more provisions of this Bylaw
are invalid in whole or in part does not affect the validity,
effectiveness or enforceability of the other provisions or parts of
the provisions of this Bylaw.
PART II . DEFINITIONS
Wherever in this Bylaur the folloring words or terms are used, they shall unless othenrise
provides, be held to have the following meaning:
Accessorv
A use, separate building, or structure, normally incidental,
exclusively devoted to and located on the same lot as the
principle use, building or structure.
Act
The Planning and Development
Act, 1983.
Administrator
The Municipal Administrator
or Clerk of the Resort Mllage of
Pelican Pointe.
Building
Any structure constructed or placed on, in or over land but
does not include a public highway.
Buildinq Bvlaw
A bylaw adopted by the Council pursuant to the relevant
Buildinq Principal
Council
Development
Denrelopment
Permit
Discretionary
Use
Dwdling
Dwelling Unit
Dwelling.
Multiple
Dwellinq. Duplex
Dwel I i ng. Sem i-detached
Dwelling. Sinqle-detached
Home Occupation
Hotel
Provincial Statute which regulates the construction,
alteration, repair, occupancy or maintenance
of buildings.
A building in which the main or primary use of the lot is
conducted.
The Council for the Resort Mllage of Pelican Pointe.
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 intensity of the use of any
building or land.
A document authorizing a development
issued
pursuant to this Bylaw, but does not include a building
permit.
A use of land or a building that may be permitted in a
district only at the discretion of the Council and which
may be subject to specific development standards.
A building or part of building that may be used as a
permanent residence exduding a mobile home, but
including a prefabricated home.
One or more rooNns
that may be used as a residence
each unit having seperate sleeping, cooking and
toilet facilities.
A building containing three or more dwelling units.
A building divided horizontally
into two dwelling units
A building divided vertically into two dwelling units
by a common wall extending from the base of the
foundation to the roof line.
A building containing only one dwelling unit.
An occupation, trade, profession or craft
conducted for gain in a dwelling by the resident or
residents and which is incidental and secondary
to the residence
A building or structure or part of a byilding or
structure in which sleeping accommodation
with
or without meals is provided for tourists or
travellers, and where a guest register or record
is kept.
A area of land with fixed boundaries which is of
record in the Land Titles Office by Certificate of
Title.
Lot
Lot Line. Front
Lot Line. Rear
Lot Line. Side
Minister
Mobile Home
Mobile Home Park
Pemifted Use
Public Works
Resort Mllaqe
Sign
The line separating the lot from the street; for
a corner lot, the shorter line abutting the
street.
The lot line at the rear of the lot and opposite
the front lot line.
A lot line other that a front or rear lot line.
The member of the Executive Council to whom
for the time being is assigned the administration
on the Act.
A trailer coach that may be used as a
dwelling all the year round; has vvater faucets
and shorer or other bathing facilities that may
be connectd to a water distribution system
and has facilities for washing and water closet
or other similar facility that ma be connected
to a sewage system,
A lot under single management
for the
placernent of two or more mobile homes.
A use of land or buildings that shall be
permitted in a districf where all
requirunents of the bylaw are met.
i) systems for the production or
distribution of electricity.
ii) systems for the distribution or natural
gas or oil.
iii) facilities for the storage, treahent,
distribution or supply of water;
iv) facilities for the collection, treatment,
mevernent or disposal of sanitary sewage;
or
v) telephone or light distribution lines,
that are owned or operated by the Crown or
the municipality.
The Resort Village of Pelican Pointe.
Any figures, numbers, emblems, pictures,
devices, marks or desjgns, intended to
visible from other than inside a building,
for the purpose of making known any
individual, association,
business,
industry or service, or for advertisement
or for directing or obtaining attention.
The whole and entire width of every
Street
Structural Alteration
Townhouse or Row-House
Yard
Yard. Front
Yard. Rear
Yard. Side
highway, public road, or road allowance
vested in Her Majesty in right of the
Province of Saskatchewan and shown as
such on a plan of suruey registered in a
Land Titles Office.
The construction or reconstruction
of
the supporting elements of a building.
A building divided into three or more
dwelling units located side by side under
one roof and sharing common walls.
Open, uncovered space unoccupied by
buildings or structures on a lot except
as specifically permitted elsewhere in
this Bylaw.
That part of a lot extending across the
full width of a lot between the front lot
line and the nearest wall or supporting
member of a principal building or
structure.
That part of a lot extending across the
full width of the lot between the rear lot
line and the nearest wall or supporting
member of a principal building or
structure.
That part of a lot extending from the
front yard to the rear yard between the
side lot line and the nearest wall or
supporting member of a building or
structure except where the wall or
supporting member is supporting an
uncovered patio or uncovered sun
deck.
PART III . ADMINISTRATION
1. Development
Offtcer
The Council may appoint a Development
Officer or act in that capacity itself. The Development
Officer shall be responsible
for the administration
of this Bylaw.
2. Development
Permit
A. Except where a particular development
is specifically
exempted by Part lll, Section 5 no
person shall undertake a development
or commence a use without a development
permit
first being obtained.
B. A development
permit shall not be issued in contravention
of any provisions of this BylaW
3. Development
Permit Procedure:
A. An application for a development
permit shall be made in writing to the development
officer in the fonn prescribed by Council.
B. Where an application
for a development
permit is made for a permitted use, the
development officer shall issue a permit where the development is in conformity with
this Bylaw.
C. Where an application for a development
permit is made for a discretionary
use, the
development officer shall present the appfication to the Council as soon as practicable.
D. As soon as practicable after Council is presented with the application for a development
permit for a discretionary
use Council shall consider the application.
Prior to making a
decision, Council may refer the application to whichever Govemment Agencies or
interested groups as Council may consider appropriate.
E. Upon approval of a discretionary use by resolution of Council the development officer
shall issue a development permit subject to any development standards prescribed by
Council based on the guidelines in Part lV. Section ll.
F. Where an application for a development
permit is made for a use subject to special
regulations or standards, the development
officer shall issue a permit including those
specific regulations
or standards.
G. Every decision shall be in writing and a copy shall be sent to the applicant.
H. A development
permit is valid for a period of twelve months.
L Where the development
officer determines that a development
is being carried out in
in contravention of any condition of a development permit or any provision of this Bylaw
the dwelopment officer shall suspend the development permit and notiff the permit
holder that the permit is no longer in force.
J. Where the Council is satisfied that a development, the permit for which has been
suspended, will be canied out in conformity with the conditions of the pennit and the
requirements of this Bylaw the Council may reinstate the development permit and notify
the permit holder that the permit is valid and in force.
4.
Referal to Department of Health
The development officer shall fonnrard a copy of all approved dwelopment permit
applications involving installation of water and sanitary services to the local office of the
Department of Health.
5.
Development
Not Requiring a Permit
A dwelopment pemit is not required for the following:
A. Maintenance,
construction
or installation
of any public works.
B. Fences-
C. Accessory buildings or structures less that I square meters in area.
D. Maintenance
or repair of any building or structure not including structural alterations.
E. Signs in residential districts which conform to Part lV, Section 7.
6.
Development
Appeals Board
A. A Development Appeals Board is hereby established.
ts. The Development Appals Board shall be appointed in accordance with Sections 92
and 93 of the Ac't.
C. A appeal to the Development
Appeals Board and there from to the Provincial Planning
Appeals Board may be taken in accordance with Section 96 of the Act.
7. Fee for Zoning Amendment Application
When an application is made to the Council for an amendment to this Bylaw, the applicant
shall be responsible to pay the cost of the advertisement of the amendment.
8. Offences and Penalties
Any person who violates this Bylaw is guilty of an offence and liable on summary conviction
to the penalties of the Act.
B. Temporary signs not exceeding 1 square metre advertising
the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
7. General Development
Standards Applicable to Discretionary
Uses
A. Sites shall be landscaped
to maintain the character and amenity of the neighbourhood.
B. Adequate on site parking shall be provided and maintained.
C. Parking, storage and other nonJandscaped
areas shall be suitable screened front
adjacent properties and streets.
D. Adequate receptacles for refuse and litter shall be supplied.
E. No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the lot
lines.
F. Vehicle access and egress points shall be provided in suitable locations so as to
minimize traffic congestion and possible hazards.
PART V - ZONING DISTRICTS
AND ZONING MAPS
1. Zoninq Districts
A. For the purpose of this Bylaw, the Resort Mllage of Pelican Pointe is divided into the
folloring Zoning Districts which may be refened to by the appropriate symbols/
***
Urban Development
District
UD
B. The location and boundaries of the zoning districts are shown on the Zoning District Map
2. Zoninq Map
The map, bearing the statement "this is the Zoning District Map refened to in Bylaw No ",
adopted be the Resort Mllage of Pelican Pointe signed by the Mayor and the Clerk under
the Seal of The Resort Mllage shall be known as the "Zoning District Map" and such map is
hereby declared to be an integral part of this Bylaw.
3. R- Residential District
1. Intent
The purpose of this district is to provide for low density residential development and
related recreational
and institutional
uses.
2. Permitted Uses
The following are permitted uses in the R - District.
i) Single detached dwellings
ii) Parks, playgrounds.
iii) Public works
iv) Public recreation facilities.
3. Diqcretionarv
Uses
The following are discretionary
uses in the R - District.
i) Home occuPations
iil Day care centres, subject to Department
of Social Seruices Regulations.
4. Regulations
i) Front yard minimum 3 metres ( 10 feet) from road allowance.
ii) Rear yard no minimum.
iii) Side yard minimum 1.5 metres (5 feet).
iv) Minimum area of principal buildings
on all lots in the Resort Village shall be
46.5 square metres or 500 sguare feet'
Off street parking shall be provided as follows:
Dwellings
- 2 parking spaces per dwelling unit
5. UD-Urban Dev.elopment
Pistrict
1. Intent
The purpose of this district is to reserve unsubdivided
and/or undeveloped
lends within the municipality
for
future urban develoPment.
2. Permitted Uses
The following are permitted uses in the UD District.
i) Recreational
uses including sports fields, €mpgrounds,
parks, golf courses
ii) Public works
3. Rezoning cf LAnd
proposed rezoning of land from UD - Urban Development
District
to another land use shall be considered only where the
rezoning would be in conformity with the Basic Planning
Statement. The proposed development
with regard to adiacent
land uses, and future service requirementS
Such as rgads,
schools and Public works.
PART VI - REPEAL AND EFFECTIVE DATE OF THE BYI-AW
*yiaw iri* 9r*3 ihc Last tfeuntain District Zoning Gontrols, as amanded, ls hereby
rcpealed.
This Bylaw shall corne into force on lhe dete of flnal appnoval by the Minisfier of
Municipal Affairs Gulturc and Hourlng,
A Certified True Gopy of Bylaw
No 112fi10 adopted by rcsolution
of cglmcif on frre ,R,z .,Jilay of ffi
al fffairs,
lfousirrg