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The Resort Villag
The Resort Village of
of
Sun Vall
Sun Valley
Zoning Bylaw
4-2017
2
TABLE OF CONTENTS
1 INTRODUCTION ........................................................................................................................................ 5
1.1
Authority .......................................................................................................................................... 5
1.2
Title.................................................................................................................................................. 5
1.3
Purpose ............................................................................................................................................ 5
1.4
Scope ............................................................................................................................................... 5
1.5
Severability ...................................................................................................................................... 5
2 DEFINITIONS.............................................................................................................................................. 6
3 ADMINISTRATION AND INTERPRETATION.........................................................................................21
3.1
Development Officer .......................................................................................................................21
3.2
Council ............................................................................................................................................21
3.3
Application for a Development Permit .............................................................................................21
3.4
Development Not Requiring a Permit...............................................................................................22
3.5
Development Permit Procedure ........................................................................................................23
3.6
Concept Plans ..................................................................................................................................23
3.7
Development Permit: Validity .........................................................................................................24
3.8
Development Permit Application Fees .............................................................................................25
3.9
Discretionary Use Application and Fees ...........................................................................................25
3.10
Fee for Zoning Amendment Application ..........................................................................................25
3.11
Concurrent Processing of Development Permits, Building Permits and Business Licenses ................25
3.12
Referral Under The Public Health Act ..............................................................................................26
3.13
Development Appeals Board ...........................................................................................................26
3.14
Minor Variances ..............................................................................................................................26
3.15
Non-Conforming Buildings Uses and Sites ......................................................................................27
3.16
Development Permit - Invalid .........................................................................................................27
3.17
Cancellation ....................................................................................................................................27
3.18
Stop-Work .......................................................................................................................................28
3.19
Interpretation ...................................................................................................................................28
3.20
Offences and Penalties .....................................................................................................................28
3.21
Inspection of Premises .....................................................................................................................28
3.22
Bylaw Compliance ..........................................................................................................................28
3.23
Moving of Buildings ........................................................................................................................29
3.24
Demolition of Buildings ..................................................................................................................29
3.25
Temporary Development Permits .....................................................................................................29
3.26
Development Agreements ................................................................................................................29
3.27
Servicing Agreements ......................................................................................................................29
3.28
Performance Bonds..........................................................................................................................30
3.29
Liability Insurance ...........................................................................................................................30
3.30
Interests ...........................................................................................................................................30
4 GENERAL REGULATIONS .......................................................................................................................31
4.1
Licenses, Permits and Compliance with Other Bylaws and Legislation .............................................31
4.2
Principal Use Established.................................................................................................................31
4.3
Multiple Uses ..................................................................................................................................31
4.4
Number of Principal Buildings on a Site ..........................................................................................31
3
4.5
Front Yard Reduction ......................................................................................................................31
4.6
Frontage for Irregular Sites ..............................................................................................................32
4.7
Permitted Yard Encroachments ........................................................................................................32
4.8
Building Height ...............................................................................................................................32
4.9
Restoration to a Safe Condition ........................................................................................................32
4.10
Grading and Leveling of Sites ..........................................................................................................32
4.11
Restrictions on Changes ...................................................................................................................33
4.12
Uses Permitted In All Zoning Districts .............................................................................................33
4.13
Signage on Natural and Human Heritage Sites .................................................................................33
4.14
Heritage Properties ..........................................................................................................................34
4.15
Landscape Buffers ...........................................................................................................................34
4.16
Prohibited and Noxious Uses ...........................................................................................................34
4.17
Closings ..........................................................................................................................................34
4.18
Satellite Dishes ................................................................................................................................35
4.19
Communication Towers ...................................................................................................................35
4.20
Private Garages, Sunrooms, Solariums, and Greenhouses .................................................................35
4.21
Solar Panels or Solar Energy Devices ..............................................................................................35
4.22
Disposal of Wastes ..........................................................................................................................35
4.23
Development Standards for Discretionary Uses ................................................................................36
4.24
Solid and Liquid Waste Disposal Facilities ......................................................................................36
4.25
Temporary Garages (Fabric Covered Structures) ..............................................................................36
4.26
Portable Storage Units .....................................................................................................................37
4.27
Intermodal Freight Containers (Trailers, Sea and Rail Containers) ...................................................37
4.28
Campgrounds ..................................................................................................................................38
5 ZONING DISTRICTS AND ZONING MAPS .............................................................................................39
5.1
Zoning Districts ...............................................................................................................................39
5.2
The Zoning District Map..................................................................................................................39
5.3
Boundaries of Zoning Districts ........................................................................................................39
5.4
Holding Designation ........................................................................................................................39
6 RESIDENTIAL DISTRICTS .......................................................................................................................40
GENERAL REGULATIONS FOR RESIDENTIAL DISTRICTS ................................................................40
6.1
Modular Homes ...............................................................................................................................40
6.2
Recreational Vehicles (RV) .............................................................................................................40
6.3
Accessory Buildings and Uses .........................................................................................................40
6.4
Parking Requirements in Residential Districts ..................................................................................42
6.5
Outside Storage ...............................................................................................................................42
6.6
Off-Season Storage ..........................................................................................................................43
6.7
Signage ...........................................................................................................................................43
6.8
Fence and Hedge Heights ................................................................................................................43
6.9
Bed and Breakfast Homes ................................................................................................................44
6.10
Guest Cottages (Without Cooking Facilities) ...................................................................................44
6.11
Garden Suites ..................................................................................................................................45
6.12
Home Occupations (Home Based Businesses) ..................................................................................45
7 Residential District (R1) ...............................................................................................................................46
8 Limited Development Residential District (R1L) .............................................................................................47
9 Resort Residential District (RR) ...................................................................................................................48
4
10 Commercial District (C) ..............................................................................................................................49
11 Community Service District (CS) .................................................................................................................51
12 Future Urban Development District - (FUD) ................................................................................................53
13 Natural Hazard Lands Overlay (NH) ............................................................................................................55
14 REPEAL AND ADOPTION ........................................................................................................................57
APPENDIX "A" Zoning Map ............................................................................................................................58
APPENDIX "B" Development Permit Application Requirements ......................................................................59
APPENDIX "C" Application for a Development Permit ....................................................................................61
APPENDIX "D" Notice of Decision for a Development Permit or Zoning Bylaw Amendment ..........................63
5
1
INTRODUCTION
1.1
Authority
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of
the Resort Village of Sun Valley in the Province of Saskatchewan, in open meeting, hereby enact as
follows:
1.2
Title
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Resort Village of Sun
Valley.
1.3
Purpose
1.3.1
The purpose of this Bylaw is to regulate development and to control the use of land in the
Resort Village of Sun Valley in accordance with the Resort Village of Sun Valley Official
Community Plan Bylaw 3-2017.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Resort
Village of Sun Valley (hereinafter referred to as Sun Valley) and for the health, safety, and
general welfare of the inhabitants of Sun Valley and area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Resort Village;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Resort Village for services;
and
e) To provide for land-use and development that is consistent with the goals and
objectives of the Resort Village.
1.4
Scope
This Bylaw applies to all land included within the boundaries of the Resort Village of Sun Valley. All
development within the limits of the Resort Village of Sun Valley shall hereafter conform to the
provisions of this Bylaw.
1.5
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 the other provisions or parts of the
provisions of this Bylaw.
6
2
DEFINITIONS
Whenever the subsequent words or terms are used in the Resort Village of Sun Valley Official Community Plan,
Bylaw No. 3-2017 and this Bylaw, they shall have the following definition unless the context indicates otherwise.
Accessory: A building or use that:
a)
Is subordinate to and serves the principal
building or principal use;
b)
Is subordinate in area, mass, extent, and purpose
to the principal building or principal use served;
c)
Contributes to the comfort, convenience, or
necessity of occupants of the principal building
or assists the principal use; and
d)
Is located on the same site as the principal
building or use.
Act: The Planning and Development Act 2007, Province of
Saskatchewan, as amended from time to time.
Adjacent: Contiguous or would be contiguous if not for a
river, stream, railway, road or utility right-of-way or
reserve land; and any other land identified in this Bylaw as
adjacent land for the purpose of notification.
Administrator: The Administrator of the Resort Village of
Sun Valley.
Aggregate Resource: Mineral materials including sand,
gravel, clay, earth or mineralized rock, including recycled
concrete.
Agricultural: A use of land, buildings or structures for the
purpose of animal husbandry, fallow, field crops, forestry,
market gardening, pasturage, private greenhouses and
includes the growing, packing, treating, storing and sale of
produce produced on the premises and other similar uses
customarily carried on in the field of general agriculture.
Alteration or Altered: With reference to a building,
structure or site means a change from one major
occupancy class or division to another, or a structural
change such as an addition to the area or height, or the
removal or part of a building, or any change to the
structure such as the construction of, cutting into or
removal of any wall, partition, column, beam, joist, floor or
other support, or a change to or closing of any required
means of egress or a change to the fixtures, equipment,
cladding, trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Ancillary Use: A secondary and subordinate use to the
principle use, which is specifically allowed, and may
include an associated building that is specifically allowed
pursuant to this Bylaw.
Animal Clinic: A building or part thereof used by a
qualified veterinarian for the treatment of animal health
needs where animals are not kept on the premises for
surgery or kept overnight.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a subdivision
approval to an approving authority under The Planning
and Development Act 2007.
Attic: That portion of a building situated wholly or in part
within the roof and which is less than one-half story.
Automobile (Motor Vehicle): A self-propelled
passenger vehicle that usually has four wheels and an
internal-combustion engine, used for land transport.
Auto Wrecker: An area where motor vehicles as
disassembled, dismantled or junked, or where vehicles not
in operable condition, or used parts of motor vehicles, are
stored or sold to the general public
Awning: A structure that is mechanical and fabricated
from plastic, canvas or metal that is spread across a frame
designed to be attached to a wall and hung above a
doorway or window.
Basement: That portion of a building that is partly or
wholly underground.
Bed and Breakfast: A dwelling unit, licensed as a tourist
home under The Tourist Accommodation Regulations,
7
1969, in which overnight accommodation within the
dwelling unit, along with one 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 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 (see Accessory)
Building Bylaw: A Bylaw of the Resort Village of Sun
Valley authorized by The Uniform Building and Accessibility
Standards Act (UBAS Act) to regulate the erection,
placement, alteration, repair, renovation or reconstruction
of a building.
Building Height: The vertical distance of a building
measured from the finished grade level to the highest
peak of the roof.
Building Permit: A permit, issued under The Building
Bylaw of the Resort Village of Sun Valley, authorizing the
construction of, or the addition to, any building but does
not include a Development Permit.
Building, Principal: A building in which is conducted the
main or primary use of the site on which said building is
situated.
Building Line, Established: The average distance from
the street line to the main wall of existing buildings on any
side of any block where more than half the frontage of the
block has been built on.
Bulk Fuel Sales and Storage: Includes land, buildings,
and structure for the storage and distribution of fuels and
oils including retail sales or key-lock operation.
8
Business Support Services: Activities intended to
provide administrative, promotional or technical support
for commercial and industrial activities.
Bylaw: The Resort Village of Sun Valley Zoning Bylaw.
Campground: An area used for a range of overnight
camping experiences, from tenting to serviced trailer sites,
including accessory facilities which support the use, such
as administration offices and laundry facilities, but not
including the use of mobile homes or trailers on a
permanent year-round basis.
Cardlock Operation: A petroleum dispensing outlet
without full-time attendants.
Carport: A building or structure or part thereof, where at
least 40% of the area of the perimeter is open and
unobstructed by a wall, door, post or pier and which is
used for the parking or storage of motor vehicles.
Cemetery: A cemetery or columbarium within the
meaning of The Cemeteries Act Chapter C-4, R.S.S. 1981, as
amended from time to time.
Club: A group of people organized for a common purpose,
to pursue common goals, interest or activities, and usually
characterized by certain membership qualifications,
payment of dues or fees, regular meetings, and a
constitution and bylaws.
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.
Communication Facility: see (tele)
communication facility.
Community Facilities: Buildings 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.
Compost: Materials used in gardening, agriculture,
landscaping, erosion control, wetland construction, and
landfill cover.
Condominium: Land, buildings, and units, including
private and common property as defined under The
Condominium Property Act.
Conservation: The planning, management and
implementation of an activity with the objective of
protecting the essential physical, chemical and biological
characteristics of the environment.
Construction Trades: offices, shops and warehouses,
with or without retail sales for trades associated with
construction of buildings.
Contractor's Yard: The yard of a contractor or company,
including landscaping materials used as a depot for the
storage and maintenance of equipment used by the
contractor or company, and includes facilities for the
administration or management of the business and the
stockpiling or storage of supplies used in the business.
Convenience Store: A store offering for sale primarily
food products, beverages, personal care items, hardware
and printed matter and which primarily provides a
convenient day-to-day service to residents in the vicinity.
Council: The Council of the Resort Village of Sun Valley.
Cultural Institution: Establishments such a museums,
art galleries, libraries and similar facilities or historical,
educational or culturally interests which are not
commercially operated.
Day Care Centre: An establishment providing for the
care, supervision and protection of children (or adults) but
does not include the provision or overnight supervision.
Deck: Any raised floor structure at least 0.31 metres (1
foot) above the average ground level upon which it is
constructed, either adjacent to a building or free-standing
with stairway, ramp, or similar access.
Derelict Vehicle: a vehicle is considered derelict if it is
not in operational condition, wrecked or partly wrecked,
rusted or dismantled or partly dismantled and is not
insured and registered under The Highway Traffic Act and
does not have a current valid license plate attached to it
9
and is left outside a building for more than one
month.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or over land, or
making of any material change in the use or intensity of
use of any building, or land, and shall include, but not be
limited to, excavating, filling, grading or drainage of land.
Development Officer: A person appointed by the Resort
Village Council to act as a Development Officer to
administer this Bylaw.
Demolition Permit: A permit issued for the removal or
dismantling of a building or structure with the Resort
Village's boundaries as prescribed under Section 13 of The
Uniform Building and Accessibility Standards Act.
Development Permit: A document issued by the Council
of the Resort Village of Sun Valley that authorizes
development pursuant to this Bylaw, but does not include
a building permit.
Dilapidated: in a state of ruin or disrepair as a result of
age or neglect.
Directional Signage: Signage located off-site providing
direction to, and information about, a specific enterprise
or activity which does not contain general advertising.
Discretionary Use: Uses or development of land,
buildings, or other structures that may be permitted in a
Zoning District only at the discretion of Council and which
conforms to all discretionary use regulations and other
regulations applicable to the district in which the use is
located.
Dwelling: A building or part of a building intended for
residential occupancy.
Dwelling Unit: One or more habitable rooms used, or
fully capable of being used as a residence, where each unit
provides sleeping, cooking and toilet facilities, but does
not include rooming houses or rooming units.
Dwelling, Duplex: A building, including a bare land
condominium, which is divided either vertically or
horizontally into two dwelling units with separate
entrances
Dwelling Group: A group of single-detached, semi-
detached, or multiple unit dwellings clustered on one lot
or site, built as one development.
Dwelling, Multiple Unit: A building containing four or
more dwelling units and shall include condominiums,
Resort townhouses, row houses, and apartments, but not
include a converted dwelling, rooming house, hotel, or
motel.
Dwelling, Semi-Detached: A building divided vertically
into two (2) dwelling units by a common wall extending
from the base of the foundation to the roofline.
Dwelling, Single-Detached: A building containing only
one dwelling unit, including a bareland condominium and
shall not include a mobile home as herein defined.
Semi-Detached Dwelling
Single-Detached Dwelling
10
Dwelling, Townhouse: A dwelling, designed as one
cohesive building in terms of architectural design, which
contains three (3) or more similar attached dwelling units
each of which fronts on a street, has direct access to the
outside at grade and is not wholly or partly above another
dwelling.
Dwelling, Tri-plex: A building, including a condominium
which is divided vertically into three dwelling units, each
with its own entrance.
Educational Institution: An establishment dedicated for
the purpose of providing education and instruction in any
branch of knowledge.
Electronic Message Centre (EMC): a variable message
sign that utilizes computer-generated messages involving
letters, words, graphics, animation, video or dynamic text.
These signs include digital displays, using incandescent
lamps, LED's, LCD's, plasma or related technology,
whereby the message can be altered by electric or
electronic means.
Existing: In place, or taking place, or with all approvals
and permits in place on the date of the adoption of this
Bylaw.
Farm Building/Yard: Improvements such as barns,
granaries, etc. used in connection with the growing and
sale of trees, shrubs and sod or the raising or production of
crops, livestock or poultry, fur production, bee keeping
and situated on a parcel of land used for the farm
operation.
Fence: A structure used to enclose or screen areas of
land.
Fill (Clean Fill): Soil, rock or other material approved by
the Resort Village.
Flanking: Means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that results in
the inundation of areas not ordinarily covered by water.
(Design) Flood Level:
a) a 1:500 year flood;
b)
a flood having a return period greater than 1:500
years;
c)
a recorded flood having a water surface
elevation equal to or exceeding that of a 1:500
year flood.
Flood Fringe: The portion of the floodplain where the
waters in the 1:500 year flood are projected to be less
than a depth of one metre or a velocity of one metre per
second.
Floodproofed: 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.
Floodway: The portion of the flood plain adjoining the
channel where the waters in the 1:500 year flood are
projected to meet or exceed a depth of one metre or a
velocity of one metre per second.
Estimated Peak Water Level for the Resort Village of
Sun Valley is 512.7 metres or 1682 feet.
Freeboard Elevation: The elevation of the Design Flood
Level (the 1:500 flood elevation) plus an extra 0.50 metres
(1.64 feet) to provide protection against wave run-up and
ice surge.
Townhouse Dwelling
11
Floor Area: The maximum area contained within the
outside walls of a building, excluding in the case of a
dwelling, any private garage, porch, veranda, open deck,
unfinished attic, or unfinished basement or cellar and in a
commercial or industrial building, any utility room.
Frontage (Lot Frontage): The distance across the street
side of a lot (a lot must front on a street), between the
points where the side lines of the lot meet the street right
of way or boulevard; or, where a lot is irregular in shape
and is narrowest at the front street end, the width of the
lot shall be measured parallel to the street line at the
centre of the front lot line, and at a setback from the front
lot line no greater than the minimum permitted building
setback.
Future Land Use Map: In its projections, the map
specifies certain areas for residential growth and others
for residential, industry, commercial and conservation.
The Future Land Use Map for Sun Valley is attached as
Appendix "A " in the Official Community Plan.
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 out for remuneration.
Garage, Public: A building or place where motor vehicles
are stored or repaired for remuneration but does not
include car washing establishments, an auto sales lot or an
automobile service station.
Garden Suite: a second, small, dwelling on the site of a
primary, single-family dwelling that accommodates one or
two family members of the owner/occupants of the
primary residence and is intended to allow the family to
live independently but with the support nearby of the
extended family.
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.
Grade: The average elevation of the natural ground level
at the walls of a building or structure as determined by the
elevation of the four 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, but are sold directly at wholesale or retail from the
site.
Greenhouse, Private: A building for the growing of
flowers, plant, shrubs, trees and similar vegetation that are
transplanted outdoors on the same site containing such
greenhouse(s), and where greenhouse products may not
be offered for sale.
Greenways: A linear park which may accommodate
pathways principally for foot traffic and/or bicycles.
Typically, greenways are planned along creeks or streams
and managed as natural environments, or bikeways along
landscaped roads.
Guest Cottage: A detached accessory building to be used
for summer sleeping accommodations only and which is
located on the same lot as the principal dwelling.
Hazardous Industry/Substance: A substance that,
because of its quality, concentration or physical, chemical
or 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.
Hazard(ous) Land: Land having inherent environmental
hazards; land subject to flooding, earth movement, or
slope instability, land with poor natural drainage, ground
water seepage, erosion, steep slopes, rock formations, or
other similar features.
Heritage Resource: The history, culture and historical
resources of an area and its residents.
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 regulations of
the Department of Highways entitled "The Erection of
Signs Adjacent to Provincial Highway Regulations, 1986",
as may be amended from time to time.
12
Home Occupation (Home Based Business): An
occupation, trade, profession, or craft customarily
conducted for gain in a dwelling unit or accessory building
by the resident or residents, which is clearly incidental and
secondary to the principal use of the site and which does
not create or become a public nuisance as a result of
noise, traffic, pollution, or parking. Home occupations shall
not occupy more than 25% of the total finished floor area
of a dwelling unit in any Residential District.
Hotel: A building or structure or part of a building or
structure in which sleeping accommodation with or
without meals is provided for tourists or travelers, and
where a guest register or record is kept, but does not
include a motel or rooming house.
Industrial Use: The use of land, buildings or structures
for the manufacturing, assembling, processing, fabrication,
warehousing or storage of goods and materials.
Infill Development: Re-development within existing
areas or neighbourhoods.
Institutional Use: The use of land, buildings, or
structures for religious, charitable, educational, health or
welfare purposes and includes churches, public or private
schools, nursery schools, hospitals, and special care.
Intermodal Freight Container: a tandardized reusable
steel box used for the safe, efficient and secure storage
and movement of materials and products within a
global containerized intermodal freight transport system.
"Intermodal" indicates that the container can be moved
from one mode of transport to another (from ship, to rail,
to truck) without unloading and reloading the contents of
the container. Lengths of containers, which each have a
unique ISO 6346 reporting mark, vary from 2.44 metres to
17.07 metres (8 feet to 56 feet) and heights from 2.44
metres to 2.90 metres (8 feet to 9 feet 6 inches).
Kennel, Boarding: The temporary accommodation of
more than four dogs, cats or other domestic animals for
commercial purposes.
Kennel, Breeding: The keeping of domestic animals,
male and female, and which are more than 12 months old,
for breeding purposes.
Kennel, Enclosure: An accessory building or enclosure
intended to house one of more domestic animals.
Landfill: A specially engineered site for disposing of solid
waste on land, constructed so that it will reduce hazard to
public health and safety.
Landscaped Area: An area not built upon and not used
for any purpose other than as an open space that may
include grass, shrubs, flowers, trees, and similar types of
vegetation and may contain paths, walks, patios, fences
and similar outdoor amenities, but does not include
parking areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in the
Zoning Bylaw establishing permitted and discretionary
uses of land or buildings with attendant regulations.
Lane: A secondary public thoroughfare intended primarily
to give access to the rear or side of the abutting property.
Livestock: Domesticated animals used primarily as beasts
of burden or for the production of fur, hides, meat, milk,
eggs or other product, or as breeding stock, but excluding
companion animals.
Loading Space: A space measuring at least 3.0 metres
(9..84 feet) in width and 8.5 metres (27.88 feet) in depth,
located on a lot, and having access to a street or lane, in
which a vehicle may park to load or unload.
Lot (see Site): 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
terms "lot" and "site" shall be deemed not to mean the
same.
Marquee: A roof-like structure of a permanent nature
which projects from the wall of a building that is
independently supported by a system of columns or piers
without walls over an entrance to a building.
Mayor: The Mayor of the Resort Village of Sun Valley.
Mezzanine: an intermediate floor in a building which is
partly open to the double-height ceilinged floor below, or
13
which does not extend over the whole floor space of the
building.
Minister: The member of the Executive Council to whom
for the time being is assigned the administration of The
Planning and Development Act, 2007.
Mini-Storage: see Self-Service Storage Facility
Mobile Home: A prefabricated trailer coach supported
on a steel frame that conforms to the Canadian Standards
Association # Z240 MH. A trailer coach may be used as a
dwelling all year round; has water faucets and shower or
other bathing facilities that may be connected to a water
distribution system; has facilities for washing and a water
closet or other similar facility that may be connected to a
sewage system.
Mobile Home Park: A site under single management for
the placement of two or more mobile homes and shall
include all accessory buildings necessary to the operation
but does not include an industrial or construction camp or
tourist campsite. For the purpose of this Bylaw the terms
mobile home park and mobile home court shall be
deemed to mean the same.
Modular (Manufactured) Home: A residential dwelling
that is constructed off site in a yard or factory, in one or
more sections, transported to a site for permanent
installation on a permanent foundation (may have a
basement), having architectural features similar to
permanent residential dwellings built on site in the Resort
Village, and conforming to Canadian Standards Association
(CSA) # A277.
Modular (Manufactured) Home Subdivision: Any
subdivision of land and the development thereof for the
purpose of accommodating modular homes in such a
manner that each home is situated on its own site, which
shall contain a minimum site area of 450.00 m ² (5000 ft ²),
and in which all sites, public open space, internal streets,
buffer zones, and other amenity areas form a contiguous
area of development.
Motel or Motor Hotel: A building or buildings consisting
of a number of individual rental units, intended for the use
of the traveling public, each containing at least a bedroom
and bathroom, and each having convenient access to a
parking space for the use of the occupants of the units and
may or may not provide food service.
Municipality: The Resort Village of Sun Valley.
Municipal Reserve: Dedicated lands that are provided to
a municipality for public use, or that were dedicated as
public reserve and transferred to a Municipality pursuant
to of The Planning and Development Act, 2007.
Natural Areas: An area relatively undisturbed by human
activities and characterized by indigenous species
including remnant or self-sustaining areas with native
vegetation, water, or natural features.
Non-Conforming Use: Any use of land, building or
structure lawfully existing or under construction where
permits have been issued at the time of the passing of 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,
Double-Wide Mobile Home
Modular (Manufactured) Home
14
smoke, dust (particles suspended in or transported by air),
vibrations, electrical or electromagnetic fields, glare, or
light.
Official Community Plan (OCP): The Resort Village of
Sun Valley Official Community Plan Bylaw No. 3-2017.
Open Space: Passive and structure leisure and recreation
areas that enhance the aesthetic quality and conserve the
environment of the community, including parks, recreation
and tourism nodes, and natural areas.
Park Model Trailer/Unit: A residential unit designed to
facilitate occasional relocation, with living quarters for a
temporary or seasonal use; has water faucets and shower
or other bathing facilities that may be connected to a
water distribution system; and has facilities for washing
and a water closet or other similar facility that may be
connected to a sewage system. It has a gross floor area not
exceeding 50 m2 (540 ft2). CSA Number Z241.
Parking Lot: An open area, other than a street, used for
the temporary parking of more than four vehicles and
available for public or private use.
Parking Space: A space within a building or parking lot
for the parking of one (1) motor vehicle including
convenient access to a public lane or street and shall be
not less than 2.5 metres (8.20 feet) wide and 6.0 metres
(19.69 feet) in length.
Pasture: A site that is used for the raising and feeding of
livestock by grazing.
Patio: Any hard surface or floor structure less than 0.31
metres (1 foot) above the average ground level upon
which it is constructed.
Permitted Use: The use of land, buildings or other
structures that shall be permitted in a Zoning District
where all requirements of this Zoning Bylaw are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation, trust, or agent,
and their heirs, executors, or other legal representatives of
a person to whom the same can apply according to the
law.
Personal Service Trades: A building or part of a building
in which persons are employed in furnishing services and
administering to customer's personal and or grooming
needs, but does not include 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.
Pond: Any constructed containment of water for the
purpose of landscape enhancement, keeping ornamental
fish or aquatic plants, or for other similar purposes, but
not a swimming pool.
Portable Storage Unit: A transportable storage
structure that is designed and used for the storage of
building materials, household goods, personal items and
other materials for use on a temporary basis on a
residential property. Such units are uniquely designed for
their ease of loading to and from a transport vehicle.
Principal Use: The main or primary activity, for which a
site or its buildings are designed, arranged, developed or
intended, or for which is occupied or maintained.
Public Work: A facility as defined under The Planning
and Development Act, 2007 including a system, work,
plant, equipment, or service, whether owned or operated
Park Model Trailer 102
Park Model Recreational Unit
15
by the Municipality, or by a corporation under Federal or
Provincial statute, that furnishes any of the following
services and facilities to, or for the use of, the inhabitants
of the Resort Village of Sun Valley:
a)
Communication by way of telephone lines,
optical cable, microwave, and cable;
b)
Television services;
c)
Delivery of water, natural gas, and electricity;
d)
Public transportation by bus, rail, or other
vehicle production, transmission;
e)
Collection and disposal of sewage, garbage, and
other wastes; and
f)
Fire and Police Services.
Real-Estate Signage: Signage directly associated with
the sale of a property on which it is located and which
maintains a gross surface area of less than 1.0 m² (10.76
feet²).
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling greens, indoor
and outdoor skating rinks and curling rinks, athletic fields,
golf courses, picnic areas, swimming pools, day camps,
community centres and all similar uses, together with the
necessary and accessory building sand structures; but does
not include the racing of animals or motorized vehicles.
Recreational Vehicle: Any vehicle designed, constructed
or reconstructed to be used for personal pleasure or
travels in such a manner as will permit occupancy as a
dwelling or sleeping place for one or more persons, and
constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways, and includes
self-propelled and non-self-propelled vehicles.
Recreational vehicles include motor homes, camper
trailers, truck campers, 5th wheels and tent trailers but
does not include: Boats, Snowmobiles, Golf Carts,
Motorcycles, All-Terrain Vehicles (ie. Quads).
Recreational Vehicle (RV) Park: An area of land,
managed as a unit, providing short-term accommodation
for motor homes and camping trailers, including accessory
facilities such as administration offices and laundry
facilities.
Recycling Collection Depot (Neighbourhood): A
building or structure used for the collection and temporary
storage of recyclable household material such as bottles,
cans, plastic containers, paper and paint, but shall not
include the processing of recyclable material other than
compaction; the collection and storage of oil, solvents or
other hazardous material; or outdoor compaction or
storage.
Redevelopment (see infill development)
Residential Care Home: A licensed or approved group
care home governed by Provincial regulations that
provide, in a residential setting, 24 hour care of persons in
need of personal services, supervision or assistance
essential for sustaining the activities of daily living or for
the protection of the individual.
Residential Use: The use of land, buildings, or structures
for human habitation.
Resort Village: The Resort Village of Sun Valley.
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 (Shop): A building or part thereof, or a
place, where goods, wares, merchandise, substances, or
articles are offered or kept for sale or rent, and may
include servicing and the manufacture of products on site
for sale on the site so long as the gross floor area used for
manufacturing does not exceed 25% of the gross floor area
of the retail store.
Right-Of-Way: The land set aside for use as a roadway or
utility corridor. Rights of way are purchased prior to the
construction of a new road or utility line, and usually
Motor Home - Camping Trailer
16
enough extra land is purchased for the purpose of
providing mitigative features. Sometimes road rights of
way are left vacant after the initial roadway facility is
constructed to allow for future expansion.
Rooming House (Boarding House): A building which
contains a room or rooms for 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 with or without
private toilet facilities.
RTM (Ready to Move) Home: A residential dwelling
that is constructed off-site in a yard or factory to Canadian
National building Code and transported as a single unit to
a site for permanent installation on a permanent
foundation including a basement.
Satellite Dish: A parabolic antenna utilized for the
reception of satellite transmitted television or radio waves.
Salvage Yard (Wrecking): A parcel of land 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.
Secondary Suite: A self-contained dwelling unit which is
an accessory use to, and located within, a detached
building in which the principal use is a one unit dwelling,
and does not occupy more than 35% of the gross floor
area of the dwelling, including the basement.
Self-service 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.
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile accessories, and
for the servicing and repairing of motor vehicles essential
to the operation of a motor vehicle; but does not include
an auto body or painting shop, car sales lot, or a car
washing establishment.
Setback: The distance required to obtain the front yard,
rear yard or side yard provisions of this Bylaw.
Shipping Container: see Intermodal Freight Container
Should, Shall or May;
Should is an operative word which means that in
order to achieve plan objectives, it is strongly advised
that the action be taken.
Shall is an operative word which means the action is
obligatory.
May is an operative word meaning a choice is
available, with no particular direction or guidance
intended.
Sign: Any device, letter, symbol, emblem or picture, that
is affixed to or represented directly or indirectly upon a
building, structure, or a piece of land and that 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, thoroughfare, or any other public
place.
Sign, Billboard: A private free standing sign, including
supporting structure, which advertises goods, products,
services, organizations, of facilities that are available from,
located on, or refer to, a site other than the site on which
the sign is located.
Sign, Canopy: A sign attached to, or painted on an
awning, canopy or freestanding canopy.
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 (1.64 feet) from such building or
structure.
RTM (Ready to Move) Home
17
Sign, Freestanding: Sign, except a billboard,
independently supported and visibly separated from a
building or other structure and permanently fixed to the
ground.
Sign, Height: The vertical distance measured from the
highest point of the sign to grade level at the centre of the
sign.
Sign, Marquee: a sign that is mounted or painted on, or
attached to an awning, canopy, or marquee.
Sign, Off-Premises: a sign which contains any message
chosen by a person other than the person in control of the
premises upon which the sign is located.
Sign, Portable: a freestanding sign mounted on a
portable frame with a single sign face area of not less than
1.9 m² or greater than 6.0 m² (64.59 ft²) than can be
readily moved or transported.
Sign, Projecting (Awning): A sign which is wholly or
partially dependent upon a buildings for support and
which projects more than 0.5 metres (1.64 feet) from such
building. (including Awning Signs).
Sign, Temporary: A sign which is not permanently
installed or affixed in position, nor connected to any
service, advertising a product or activity on a limited basis.
Site: An area of land, consisting of one or more lots
consolidated under a single certificate of title or tied at
Information Services Corporation (ISC), considered as a
unit devoted to a certain use or occupied by a building or a
permitted group of buildings, and the customary
accessories and open spaces belonging to the same.
Site Area: The total horizontal area within the site lines of
a site.
Site, Corner: A site at the intersection of two or more
public streets, or upon two parts of the same street, the
adjacent sides of which street or streets (or, in the case of
a curved corner, the tangents at the street extremities of
the side site lines) contain an angle of not more than one
hundred and thirty-five (135) degrees. In the case of a
curved corner, the corner of the site shall be that point on
the street at the point of intersection of the said tangents.
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 the site depth is the length of a line
joining the midpoint of such site lines.
Site, Width: The horizontal distance between the side
boundaries of the site measured at a distance from the
front lot line equal to the minimum front yard required for
the district in which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site from the
street; for a corner site, the shorter line abutting a street;
but in the case of a corner site with two street lines of
equal length, the front site line shall be designated by
predetermined building 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 on a site in relationship to the site
lines.
Solar Panel: a panel designed to absorb the sun's rays as
a source of energy for generating electricity or heat.
Solar Fence: a fence/barrier made up of active energy
generating solar panels.
Storey: That portion of a building, other than an attic or
basement, between the upper surface of any floor and the
upper surface of the floor next above.
Storey, One-Half: That portion of a building situated
wholly or in part within the roof and in which there is
sufficient space to provide a height in accordance with the
National Building Code of Canada, between finished floor
18
and finished ceiling over a floor area which is not less than
one-third nor more than two-thirds of the floor area of the
story next below.
Stakeholders: Individuals, groups or organizations who
have a specific interest or "stake" in a particular need,
issue situation or project and may include members of the
local community residents, community groups or local,
provincial and federal governments.
Street: The whole and entire width of every highway,
public road, 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 Information Services
Corporation (ISC).
Structural Alteration: The construction or
reconstruction of supporting elements of a building or
other structure.
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, and includes a division of
a quarter section into legal subdivision as described in the
regulations made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water permanently located
outdoors or indoors, contained by artificial means and
used and maintained for the purpose of swimming,
wading, or diving and having a depth of 0.61 metres (2.0
feet) or more at any point.
Tavern: An establishment, or portion thereof, where the
primary business is the sale of beverage alcohol for
consumption on the premises, with or without food, and
where no live entertainment or dance floor is permitted,
subject to Provincial Regulations.
(Tele)Communication Facility: 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.
Temporary Garage: Shall mean a temporary
prefabricated shelter constructed with a metal or plastic
frame and covered with a tarpaulin or other similar type of
fabric or plastic cover used primarily for the storage of
vehicles or other equipment accessory to a residential use.
Tiny House: a type of dwelling unit, typically less than
50m² (538 ft²) which meets National Building Code
requirements.
Tourist Campground: An area of land, managed as a
unit, providing short-term accommodation for tents,
camping trailers and recreational vehicles including
accessory facilities such as administration offices and
laundry faculties.
Tourist Home: a dwelling unit operated as a temporary
place to stay, with or without compensation, and includes
all vacation rentals of a dwelling unit.
Resort Village: The Resort Village of Sun Valley.
Use: The activity or purpose for which any land, building,
structure, or premises, or part thereof is arranged,
designed, or intended, occupied, or maintained.
Used For: Includes "arranged for", "designed for",
"intended for", "maintained for", and "occupied for".
Utility Shed: An accessory building or structure used for
the storage of goods with a maximum floor area of 14.0 m²
(150.70 ft²).
Vacation Trailer: See Recreational Vehicle
Vehicle Repair and Maintenance Service:
Indoor: includes all land uses which perform
maintenance services to motorized vehicles and
contain all operations (except vehicle storage)
entirely within an enclosed building.
Outdoor: maintenance services have all or any
portion of their operations located outside of an
enclosed building.
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
19
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains animal, mineral
or vegetable matter in solution or suspension, but does
not include a septic system for a single residence or
farmstead, or a manure storage area for an intensive
livestock operation.
Waste Disposal Facility, Solid: A facility or a temporary
storage facility, to accommodate discarded materials,
substances or objects which originated from residential,
commercial and institutional sources which are disposed
of in municipal or private landfills, but not including
dangerous goods, hazardous waste or biomedical waste.
Wind Energy Conversion System: A system composed
of a wind turbine, tower and associated control electronics
with a capacity of less than 100 kW for non-residential use
or 10 kW for residential use. It will be considered an
accessory use and is intended to provide on-site power for
a principal use.
Wind Turbine: The individual component of a Wind
Energy Conversion System that converts kinetic energy
from the wind into electrical energy, independent of the
electrical conductors, electrical storage system, electrical
metering, or electrical inverters.
Location of Yards and Measurement of Setbacks
Wind Turbine, Electrical: An individual component of a
Wind Energy Conversion System which converts kinetic
wind energy to electrical energy through electric currents.
Wind Turbine, Mechanical: An individual component of
a Wind Energy Conversion System which converts kinetic
wind energy to mechanical energy through motion.
Yard: Open, uncovered space open to the sky on the same
site with a building or structure.
Yard, Front: The area between the side site lines and the
front site line to the front building line (See Location and
measurement of setbacks drawing).
Yard, Rear: The area between the side site lines and the
front site line to the rear building line (corner and interior)
Yard, Required: The minimum yard required by a
provision of this Bylaw and within which, unless specifically
permitted, no building or structure, or part of a building or
structure shall be erected.
Yard, Side: The area between the front and rear yards
and between the side site line and the side building line
20
Metric to Imperial Conversions
*Conversions are rounded to the nearest decimal point
Distance (metres - feet)
Area (m2 to ft2)
0.5 metres
1.64 feet
17.0 metres
55 ft
1.0 m2
10.7 ft2
100 m2
1076 ft2
2.0 metres
7 ft
19.8 metres
65 ft
0.5m²
5.4 ft2
150 m²
1615 ft²
2.5 metres
8 ft
30 metres
98 ft
5.0 m2
53.8 ft2
230 m²
2475 ft²
3.0 metres
10 ft
46 metres
150 ft
9.3 m2
100 ft2
450 m²
4844 ft²
4.2 metres
14 ft
50 metres
164 ft
14.0 m2
144 ft2
465 m²
5,005 ft²
4.5 metres
15 ft
75 metres
246 ft
27.9 m2
300 ft2
540m²
5812 ft²
5.0 metres
16 ft
80 metres
262 ft
37.2 m²
400 ft²
560 m²
6,000 ft²
5.5 metres
18 ft
90 metres
295 ft
45 m²
485 ft²
900 m²
9687 ft²
6.0 metres
20 ft
100 metres
328 ft
50 m²
538 ft²
930 m²
10,000 ft²
6.5 metres
21 ft
150 metres
492 ft
56 m²
600 ft²
6070 m²
1.5 acres
7.5 metres
25 ft
200 metres
656 ft
60 m²
646 ft²
0.8 hectare
2 acres
10 metres
33 ft
230 metres
755 ft
78 m²
839 ft²
1 hectare
2.5 acres
11 metres
36 ft
305 metres
1000 ft
83.6 m²
900 ft²
2 hectares
5 acres
12 metres
39 ft
467 metres
1532 ft
92.96m²
1,000 ft²
15 metres
49 ft
15.3 metres
50 ft
21
3
ADMINISTRATION AND INTERPRETATION
3.1
Development Officer
3.1.1
The Council of the Resort Village of Sun Valley shall appoint the Development Officer
responsible for the administration of this Bylaw and in their absence by such other
employee of the Municipality as the Council designates from time to time.
3.1.2
The Development Officer shall:
a) Receive, record, and review Development Permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision,
discretionary uses, Development Permit conditions, and development and servicing
agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning
maps and amendments, and ensure that copies are available to the public at a
reasonable cost;
c) Make available, for public inspection during office hours, a register of all Development
Permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established in this Bylaw;
e) Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision, in consultation with
Council, regarding a Development Permit application for a "Permitted use."
3.2
Council
3.2.1
Council shall make all decisions regarding Discretionary uses, Development and Servicing
Agreements, and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it
by Saskatchewan Ministry of Government Relations, prior to a decision being made by the
Minister.
3.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance
with the procedures established by The Planning and Development Act, 2007 and in
accordance with the Resort Village of Sun Valley Official Community Plan.
3.3
Application for a Development Permit
3.3.1
Unless the proposed development or use is exempt from Development Permit
requirements, before commencing any principal or accessory use development, including
a public utility use, every developer shall:
22
a) Complete and submit a Development Permit application, and (refer to permit
application in Appendix "A");
b) Receive a Development Permit for the proposed development.
3.3.2
A Development Permit shall not be issued for any use in contravention of any of the
provisions of this Bylaw and the Official Community Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this
Bylaw, no development or use shall commence without a Development Permit first being
obtained.
3.4
Development Not Requiring a Permit
The following developments shall be exempt from Development Permit requirements, but must
have written approval from the Development Officer and shall conform to all other Bylaw
requirements (e.g., building permits, building bylaws, setbacks, environmental and development
standards and Provincial/Federal Legislation):
3.4.1
Residential Zoning Districts
a) Buildings and structures under 9.29 metres² (100 feet²) in area, which are accessory to a
principal, residential use except where such dwelling is a discretionary use.
b) Relocation of any accessory building provided development standards are still met on
the site.
c) The erection of any fence, wall, gate, television antennae, or radio antennae under 5
metres (16.41 feet).
3.4.2
Official Uses
Uses and buildings undertaken, erected or operated by the Resort Village of Sun Valley.
3.4.3
Internal Alterations
a) Residential Buildings
Internal alterations to a residential building, provided that such alterations do not
result in a change of use or an increase in the number of dwelling units within the
building or on the site;
b) All Other Buildings
Internal alterations and maintenance to other buildings, including mechanical or
electrical work, provided that the use, or intensity of use of the building, does not
change.
3.4.4
Landscaping
Landscaped areas, driveways and parking lots, provided the natural or designed drainage
pattern of the site and adjacent sites are not adversely impacted.
23
3.5
Development Permit Procedure
Where an application for a Development Permit is made for a permitted use in conformity with this
Bylaw, The Planning and Development Act, 2007, and all other Resort Village Bylaws, the Council
shall hereby direct the Development Officer to issue a Development Permit.
3.5.1
Discretionary Use Application
3.5.1.1
Where an application for a Development Permit is made for a discretionary
use, the Development Officer shall advise the Council as soon as practicable.
3.5.1.2
As soon as practicable after Council is advised that an application has been
made 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 Government Agencies or interested groups, as Council may consider
appropriate. Council also may 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.
3.5.1.3
Upon approval of a discretionary use by resolution of Council, the Development
Officer shall issue a Development Permit for the discretionary use at the
location and under such terms and development standards specified by Council
in its resolution.
3.5.2
Development Permit Decision
3.5.2.1
The applicant shall be notified in writing of the decision of their application
within thirty (30) days of all required information being submitted to the
Development Officer. The applicant shall be advised of their right to appeal a
decision on a permitted use application and any terms and conditions attached
to a discretionary use application to the Development Appeals Board subject to
the provisions of The Planning and Development Act, 2007.
3.5.2.2
If the proposal conforms to the provisions of this Bylaw, a Development Permit
shall be issued, subject to any development standards, special regulations, or
performance standards that may be required.
3.6
Concept Plans
3.6.1
A Concept Plan shall be completed prior to consideration of an application by Council by any
person proposing to rezone, subdivide, or re-subdivide land for multi-parcel residential or
commercial purposes. The purpose of this review is to identify and address social,
environmental, health and economic issues and to encourage high quality development. The
scope and required detail of the Concept Plan will be based on the scale and location of the
proposed development and address such areas as the following:
24
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c) The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure within the
Municipality;
e) Sustainable development and environmental management practices regarding surface
and groundwater resources, storm water management, flooding and protection of
significant natural areas;
f)
Appropriate information specific to the particular land use (residential, commercial or
industrial).
3.6.2
The Concept Plan must be prepared in accordance with the overall goals and objectives of
the Official Community Plan. Council shall not consider any development application until all
required information has been received. The responsibility for undertaking all technical
investigations and hosting public meetings as required shall be borne solely by the applicant.
3.6.3
Proponents may be required to undertake and submit special studies as part of the approval
process for certain types of development proposals. Engineering or other professional
studies may be required including traffic studies to determine impacts upon the
Municipality's road and highway system, assessments of lands affected by flooding or slope
hazards, endangered species, heritage resources, potential for ground and surface water
pollution, and general risk to health and the environment.
3.7
Development Permit: Validity
3.7.1
A Development Permit is valid for a period of twelve (12) months unless otherwise
stipulated when the permit is issued.
3.7.2
Where the Development Officer determines that a development is being carried out in
contravention of any condition of a Development Permit or any provision of this Bylaw,
the Development Officer shall suspend or revoke the Development Permit and notify the
permit holder that the permit is no longer in force.
3.7.3
Where the Council is satisfied that a development, the permit for which has been
suspended or revoked, will be carried out in conformity with the conditions of the Permit
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.
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3.8
Development Permit Application Fees
3.8.1
An applicant seeking the approval of a Development Permit application shall pay the
current fee under Fee Bylaw XXXX which may be amended pursuant to Section 51 of The
Planning and Development Act, 2007 and will be available at the Resort Village of Sun
Valley office.
3.8.2
There shall be no Development Permit application fee for accessory buildings to a
residential use, sign permits, licenses for home occupations or other forms of business
licenses.
3.9
Discretionary Use Application and Fees
3.9.1
An applicant seeking a discretionary use approval shall pay the current fee under Fee
Bylaw 5-2017 which may be amended pursuant to Section 51 of The Planning and
Development Act, 2007 and will be available at the Resort Village of Sun Valley office.
3.9.2
The Development Officer shall direct the applicant for a discretionary use, or carry out on
behalf of the applicant, the advertisement of the proposed use by posting a notice of the
application at the entrance to the property in question and by mailing a copy of the notice
to the assessed owner of each abutting property and each assessed owner of property
within a 75.0 meter radius of the proposed development.
3.9.3
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to
the municipality a fee equal to the costs associated with the public advertisement.
3.10 Fee for Zoning Amendment Application
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as outlined in Fee Bylaw
5-2017 and permitted by The Planning and Development Act, 2007. Council also may require the
applicant to pay all costs incurred in professional review of the application and in carrying out a
public hearing.
3.11 Concurrent Processing of Development Permits, Building Permits and
Business Licenses
A Building Permit, where required, shall not be issued unless a Development Permit has been
issued, or is issued concurrently. However, in accordance with Section 3.4, when a Development
Permit is not required, nothing in this Bylaw shall exempt any person from complying with a
building Bylaw, or any other Bylaw in force within The Municipality, or from obtaining any
permission required by this, or any other Bylaw of The Municipality, the Province or the Federal
Government.
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a) Where an application for a permitted use has been denied, the applicant
shall be advised of the right of appeal to the Development Appeals Board.
b) Appellants also may appeal where they are of the opinion that development
standards prescribed by Council with respect to a discretionary use exceed
those necessary to secure the objectives of the Zoning Bylaw.
c) The Development Officer shall make available to all interested persons
copies of the provisions of The Planning and Development Act, 2007,
respecting decisions of the Development Officer and the right of appeal.
3.12 Referral Under The Public Health Act
The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation of water
and sanitary services, should such information be requested by provincial officials under The Public
Health Act and Regulations.
3.13 Development Appeals Board
3.13.1 Council shall appoint a Development Appeals Board in accordance with Section 213 to 227
inclusive, of The Planning and Development Act 2007.
3.13.2 Right of Appeal
3.14 Minor Variances
3.14.1
Minor Variance applications shall be in accordance with Section 60 of The Planning
and Development Act, 2007.
3.14.2 The development officer may vary the requirements of this bylaw subject to the
following requirements:
a) A minor variance may be granted for the following only:
i.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building
on the lot.
b) The maximum amount of a minor variance shall be 10% variation from the
Requirements of this Bylaw.
c) The development must conform to all other requirements of this Bylaw.
d) The relaxation of the Bylaw requirement must not injuriously affect a
neighbouring property.
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e) No minor variance shall be granted for a discretionary use or form of
development, or in connection with an agreement to rezone pursuant to
Section 60 of The Planning and Development Act, 2007.
f) Minor variances shall be granted only in relation to residential properties.
3.15 Non-Conforming Buildings Uses and Sites
3.15.1 Any use of land or any building or structure lawfully existing at the time of passing 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 provisions of
Section 88 to 93 inclusive, of The Planning and Development Act, 2007.
3.15.2 No enlargement, additions, or reconstruction of a non-conforming use, building or
structure shall be undertaken, except in conformance with these provisions.
3.15.3 No existing use, building or structure shall be deemed to be nonconforming by reason only
of the conversion of this Bylaw from the Metric System of Measurement to the Imperial
System of Measurement where such non-conformity is resultant solely from such change
and is reasonably equivalent to the metric standard herein established.
3.15.4 No existing site shall be deemed to be non-conforming by reason only of its dimensions or
area failing to at least equal the standards prescribed for proposed sites in the zoning
district in which the site is located.
3.16 Development Permit - Invalid
A Development Permit shall be automatically invalid and development shall cease, as the case may
be:
a) If the proposed development is not commenced within the period for which the Permit is
valid;
b) If the proposed development is legally suspended, or discontinued, for a period of six (6) or
more months, unless otherwise indicated by Council or the Development Officer;
c) When development is undertaken in contravention of this Bylaw, the Development Permit and
specified development standards; and/or
d) When a written appeal notice is received by the Development Appeals Board secretary
regarding the Development Permit.
3.17 Cancellation
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
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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; and/or
c) When a developer requests a Development Permit modification.
3.18 Stop-Work
The Development Officer may authorize action to stop any development which does not conform
to this Bylaw, a development or servicing agreement, a Development Permit or condition, or a
caveat under this Bylaw.
3.19 Interpretation
a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units
shown in this Bylaw shall be approximate guidelines only.
3.20 Offences and Penalties
Any person who violates this Bylaw may be charged and liable on summary conviction to the
penalties in The Planning and Development Act, 2007.
3.21 Inspection of Premises
The Development Officer, or any official or employee of the Municipality acting under their
direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in
or about which there is reason to believe that provisions of this Bylaw are not being complied with,
and for the purpose of carrying out their duties under this Bylaw.
3.22 Bylaw Compliance
Errors and/or omissions by any person administering or required to comply with the provisions of
this Bylaw do not relieve any person from liability for failure to comply with the provisions of this
Bylaw.
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3.23 Moving of Buildings
No building shall be moved within or into the area covered by this Bylaw without obtaining a
Development Permit from the Development Officer, unless such building is exempt under Section
3.4 of this Bylaw.
3.24 Demolition of Buildings
No building shall be demolished without first obtaining a Development Permit from the
Development Officer. Such permit shall not be issued unless a proposal for the interim or long-
term use or redevelopment of the site is also submitted, and the proposed use is in conformity
with this Bylaw. A separate Development Permit is required for any redevelopment of the site.
3.25 Temporary Development Permits
The Development Officer may issue a temporary Development Permit, with specified conditions for
a specified period of time, to accommodate developments incidental to approved construction,
temporary accommodation, or seasonal businesses. Nothing in this Bylaw shall prevent the use of
land, or the erection or use of any building or structure for a residence, portable storage or tool
shed, scaffold, or other building or structure incidental to and necessary for construction work on
the premises, but only for so long as such use, building, or structure is necessary for such
construction work as has not been finished or abandoned, or the use of a building or structure for a
seasonal business use.
3.26 Development Agreements
3.26.1 Council may request a developer to enter into a development agreement to ensure
development conformity with the Official Community Plan and this Bylaw, pursuant to
Section 171 to 176 inclusive, The Planning and Development Act, 2007.
3.26.2 A development agreement is mandatory for the approval of an accessory dwelling (ie.
Garden Suite).
3.27 Servicing Agreements
3.27.1 Where a development proposal involves subdivision, Council may require a developer to
enter into a servicing agreement to ensure appropriate servicing pursuant to The Planning
and Development Act, 2007. Council may direct the Administration to vary the agreement
on a case-by-case basis, or not require it.
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3.27.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act,
2007, the agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains, water
mains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights,
graded, graveled or paved streets and lanes, connections to existing services, area
grading and leveling of land, street name plates, connecting and boundary streets,
landscaping of parks and boulevards, public recreation facilities, or other works that
Council may require, including both on-site and off-site servicing;
b) The payment of levies and charges, in whole or in part, for the capital cost of
providing, altering, expanding or upgrading sewage, water, drainage and other utility
services, public highway facilities or park and recreation space and facilities located
within or outside the proposed subdivision and that directly or indirectly serve the
proposed subdivision.
3.28 Performance Bonds
Council may require a developer, including host owners of property where an accessory dwelling is
located, to post and maintain a performance bond to ensure developer performance and to
protect the public interest.
3.29 Liability Insurance
Council may require developers to provide and maintain liability insurance to protect the
municipality, developer and public.
3.30 Interests
Council may require that development and servicing agreements and other documents may be
registered as an interest on affected lands, to protect municipal and public interests.
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4
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
Licenses, Permits and Compliance with Other Bylaws and Legislation
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, and general welfare. Nothing
in this Bylaw shall exempt any person from complying with the requirements of a building
regulation Bylaw or any other Bylaw in force within the Resort Village of Sun Valley or law within
the Province of Saskatchewan or Canada; or from obtaining any license, permission, permit,
authority, or approval required by this or any other Bylaw of the Resort Village of Sun Valley or any
law of the Province of Saskatchewan or Canada. Where requirements in this Bylaw conflict with
those of any other municipal, provincial, or federal requirements, the more stringent regulations
shall prevail.
4.2
Principal Use Established
In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
4.3
Multiple Uses
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for
more than one purpose, all provisions of this Bylaw relating to each use shall be complied with, but
no dwelling shall be located within 3.0 metres (9.85 feet) of any other building on the site except to
a building accessory to such dwelling.
4.4
Number of Principal Buildings on a Site
4.4.1
Only one (1) principal building shall be permitted on any one site except for the following:
parks, schools, recreation facilities, residential care homes, and approved dwelling groups
and condominium developments.
4.4.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one
principle building under this Bylaw, and all other uses and buildings on the site must be
accessory.
4.5
Front Yard Reduction
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the
two established front yards on the adjacent sites; but not be less than 4.58 metres (15 feet) in a
Residential district unless otherwise permitted in this Bylaw.
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4.6
Frontage for Irregular Sites
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall
be 11.0 metres (36.09 feet) and the mean site width shall not be less than the minimum frontage
for regular sites in the same District.
4.7
Permitted Yard Encroachments
4.7.1 Where minimum front, side or rear yards are required in any zoning district, the following
yard encroachments may be permitted:
a) Uncovered and open balconies, terraces, verandas, decks, patios and access ramps for the
physically disabled, uncovered having a maximum projection from the main wall of:
i.
2.5 metres (8 feet) into any required front yard; and
ii.
3.66 metres (12 feet) into any required rear yard
b) In any side yard the construction of a deck may not come closer than 1.2 metres (3.94 feet) to
the side lot line.
c) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
projecting a distance of 0.61 metres (2 feet) into any required yard, but not closer to a lot line
than 0.61 metres (2 feet).
d) All buildings, structures and landscaping elements are to be located wholly within the
boundaries of the lot except for fences or landscaping along common property lines that are
jointly constructed or maintained by the abutting property owners.
4.8
Building Height
Where a maximum height of buildings is specified in any District, the maximum height shall be
measured from average grade level to the highest point on the building exclusive of any chimney or
antenna.
4.9
Restoration to a Safe Condition
Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of
any building or structure, provided that such structural improvement or restoration shall not
increase the height, area or volume so as to contravene the provisions of this Bylaw.
4.10 Grading and Leveling of Sites
4.10.1 Every development shall be graded and leveled and elevated to 512.7 metres ( 1682 feet),
at the owner's expense to provide for adequate surface drainage that does not adversely
affect adjacent property, or the stability of the land.
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4.10.2 All excavations or filling shall be re-vegetated immediately after other construction
activities conclude, with a suitable ground cover as may be necessary to prevent erosion.
4.10.3 All vegetation and debris in an area to be re-graded or filled must be removed from the
site prior to site grading and leveling.
4.10.4 All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced
on the re-graded area, or re-located to a site approved by Council.
4.10.5 Where excavation or filling is proposed for any development in a flood hazard area Council
may require the comments of Saskatchewan Water Security Agency or the appropriate
Provincial/Federal agency prior to making a decision on a Development Permit
Application.
4.11 Restrictions on Changes
4.11.1 The purpose for which any land or building is used shall not be changed, no new building
or addition to any existing building shall be erected, and no land shall be severed from any
site, if such change, erection or severance creates a situation that contravenes any of the
provisions of this Bylaw applicable to each individual remaining building, accessory
building, site, or lot.
4.11.2 Notwithstanding the provisions of clause 4.11.1 of this subsection, no person shall be
deemed to have contravened any provision of this Bylaw if only part or parts of any site or
lot has, or have, been conveyed to, or acquired by, the Municipality or the Province of
Saskatchewan for a public work.
4.12 Uses Permitted In All Zoning Districts
4.12.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.12.2 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.
4.12.3 Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or
structures, or the installation of other facilities, essential to the operation of public works
provided that such use, building, or structure shall be in substantial compliance with the
relevant provisions of this Bylaw and shall not adversely affect the character or amenity of
the neighbourhood in which the same is located.
4.13 Signage on Natural and Human Heritage Sites
Small plaques, markers, and interpretation signs will be encouraged on properties that have
significant natural or human heritage resources, with the approval of the owner, and where the
signage is appropriate in scale, design, and placement with the site and surrounding area, and does
not cause safety concerns or negatively impact the heritage value of the site.
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4.14 Heritage Properties
Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act, Sections 23, 24, and 25.
Provincial designations are afforded special protection, and any alterations and development must
be reviewed and approved by the Heritage Programs of the Province of Saskatchewan.
4.15 Landscape Buffers
4.15.1 Landscape buffers are intended to improve land use compatibility and environmental
quality by reducing noise, lighting glare and other nuisances, or facilitating natural
drainage. Landscape buffers, where required to separate uses from adjacent properties a
minimum 2.0 metres (6.57 feet) vegetative landscape buffer, unless a fence is required for
other reasons.
4.15.2 Primary entrances into the Resort Village and parking lots abutting major roads may
require a landscape buffer.
4.15.3 Notwithstanding any other provisions in this Bylaw, where buffers are required for
greenways, trails, parks and landscaped areas, they shall be required to reflect the
character and intent of the Official Community Plan.
4.16 Prohibited and Noxious Uses
4.16.1 The keeping of livestock shall not be allowed except for permitted agricultural uses in the
FUD - Future Urban Development District.
4.16.2 Any use is prohibited which, by its nature or the materials used therein, is declared by The
Public Health Act and Regulations to be a noxious trade, business, or manufacture.
4.16.3 Noxious Uses: Notwithstanding any use contained within a building, no land shall be used
and no building or structure shall be erected, altered or used for any purpose that is
noxious and, without limiting the generality of this subsection, for any purpose that
creates or is likely to become a nuisance or offence, or both:
a) By the creation of noise or vibration;
b) By the emission of light and glare;
c) By reason of the emission of gas, fumes, smoke, dust or objectionable odour;
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers or parts of vehicles or trailers, machinery, or other
such material; or
e) By any combination of things in this subsection.
4.17 Closings
In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw
is closed, the property formerly in such street or lane shall be included within the Zoning District of
the adjoining property on either side of such closed street or lane. If a closed street or lane is the
35
boundary between two or more different Zoning Districts, the new district boundaries shall be the
former centre line of the closed street or lane.
4.18 Satellite Dishes
Satellite dishes in excess of 1.0 metre (3.29 feet) in diameter shall not be located in any front yard,
side yard and shall not be permitted to be erected on the roof of any building that is located within
a residential district.
4.19 Communication Towers
The erection of Cellular telephone transmission towers shall not be permitted in, or closer than
100.59 metres (330 feet) of, any Residential District.
4.20 Private Garages, Sunrooms, Solariums, and Greenhouses
Private garages, carports, sunrooms, solariums, and greenhouses attached to principal buildings by
a substantial roof structure shall be considered as part of the main building and shall be subject to
the regulations for the principal building.
4.21 Solar Panels or Solar Energy Devices
4.21.1 Solar energy devices and all components associated with the devices shall meet the
setback and height requirements of the District in which they are placed.
4.21.2 Solar energy devices attached to a principal or accessory building should be integrated
with the roof or wall/structure. The mounted panel:
a)
should not project more than 0.15 m from the surface of the building;
b) should not project vertically more than 1.0 m above the roof line in residential districts,
and not more than 1.8 m above the roof line in all other districts, where located on
buildings with flat roofs; and
c)
should not extend beyond the outermost edge of the roof or wall to which it is mounted.
4.21.3 Solar energy devices not attached to a building shall:
a)
be located in a side or rear yard only;
b) not exceed 2.5 m in height above the ground; and
c)
be screened from adjacent properties with a fence or landscaping, to the satisfaction of
Council.
4.22 Disposal of Wastes
4.22.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any
steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of
water, onto or beneath the surface of any land, or into the air.
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In approving any discretionary use to minimize land use conflict, Council may
prescribe specific development standards related to:
a) Site drainage of storm water;
b) The location of buildings with respect to buildings on adjacent properties;
c) Access to, number and location of parking and loading facilities;
d) Appropriate space for vehicle movement in order to reduce disruption of
traffic flows on adjacent roadways;
e) Control of noise, glare, dust and odour;
f)
Landscaping, screening and fencing to buffer adjacent properties.
4.22.2 No development or use of land which requires solid or liquid waste disposal facilities shall
be permitted unless those facilities are approved by Saskatchewan Health and the
Saskatchewan Watershed Authority. Disposal of liquid, solid, or gaseous waste shall be
governed by Acts administered by the appropriate Provincial/Federal agency.
4.23 Development Standards for Discretionary Uses
This Section addresses special provisions and specific development standards that apply to the
following developments. These standards apply in addition to any standards of the District.
4.24 Solid and Liquid Waste Disposal Facilities
Municipal and commercial solid or liquid waste disposal facilities are subject to the following
conditions.
d) The facility will be located as near as practical to the source of waste and will have
undergone satisfactory review as required by provincial authorities for environmental
assessment and operational design.
e)
The facilities will be located at least 457 metres (1,500 feet) for liquid waste, and 457
metres (1,500 feet) for solid waste from any residence or recreational use.
f)
The development of any new disposal sites shall take into consideration seasonal winds.
g)
Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations.
h) Solid waste disposal facilities shall be located in proximity to an all-weather road.
i)
Council may apply special standards for screening, fencing and reclamation of the site.
4.25 Temporary Garages (Fabric Covered Structures)
4.25.1 One (1) temporary garage may be placed on a residential lot with subject to the following
conditions:
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a) The permit for the temporary garage shall be a temporary permit and each temporary
garage is limited to a period of six (6) months. A deposit of $250 will be required at the
time of application. Permits are renewable but must re-applied for every six (6) months.
There will be no fee charged for renewals, but re-applications will require the
submission of a date stamped photograph.
b) The structure must be kept in good shape and tidy as determined through inspection by
Village representatives. Any structures that are tattered, torn or in disrepair must either
be removed or replaced;
c) The temporary garage must be located in the side or rear yard only.
4.26 Portable Storage Units
4.26.1 A portable storage unit, incidental to construction of a building or structure with an active
building permit is allowed, provided such storage unit shall be removed following
completion or abandonment of such construction.
4.26.2 One (1) portable storage unit may be placed on a residential lot with an active building
permit subject to the following conditions:
a) Prior to placement of the portable storage unit on the lot, the property owner shall
apply for a Temporary Development Permit from the Development Officer;
b) The permit for the portable storage unit shall be a temporary permit limited to a period
of time set by Council;
c) The portable Storage unit shall not exceed 28.21 m3 (996 ft3); and
d) The portable Storage Unit shall be set back a minimum of 3 metres (9.85 feet) from the
front property line and 1.5 metres (4.92 feet) from the side or rear property lines and all
other structures on the property.
4.27 Intermodal Freight Containers (Trailers, Sea and Rail Containers)
4.27.1 No person shall park or store on any part of a site, any unlicensed rail or sea container,
truck, bus or coach body for the purpose of advertising within any Zoning District.
4.27.2 Intermodal storage containers may be accommodated as a Temporary Use at Council's
Discretion under the following conditions:
a)
Development Permits from the Resort Village are required by the property owner before
containers are parked or stored on site.
b) The permit for the intermodal storage container shall be a temporary permit limited to a
period of time set by Council, to a maximum of one (1) year. A deposit of $1,000 will be
required at the time of application.
c)
Containers shall be located a minimum of 3.0 metres from the primary building and
behind the rear wall of the primary building;
d) Containers determined by Council to be unsightly, misused, unsafe, or inappropriate in
any way, must be removed at the owner's expense within a time period specified by the
Resort Village.
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4.28 Campgrounds
4.28.1 The operator of a campground shall provide the development officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and
trailer coach or tent campsites with dimensions. The addition or rearrangement of
campsites, the construction or moving of buildings, and material change in use of portions
of land, or the filling or clearing of land shall require a Development Permit, and the
operator shall submit for approval an amended plan incorporating the development.
4.28.2
The following conditions apply:
a) A campground shall have within its boundaries a buffer area abutting the boundary of
not less than 4.58 metres (15 feet) which shall contain no buildings.
b) The operator of a campground shall designate a campsite for each trailer coach or tent
party, which shall be less than 150.04 m² (1615 ft2) in area with its corners clearly
marked.
c) One permanent sign located on site advertising the campground is permitted per site;
d) No portion of any campsite shall be located within a roadway or required buffer area.
e) Each campsite shall have direct and convenient access to a developed roadway, which is
not located in any required buffer area.
f)
Each trailer coach shall be located at least 3.05 metres (10 feet) from any other trailer
coach, and each campsite shall have dimensions sufficient to allow such location of
trailer coaches.
g) The space provided for roadways within a campground shall be at least 7.62 metres (25
feet) in width. No portion of any campsite, other use or structure shall be located in any
roadway.
h) A campground may include as ancillary uses, a laundromat or a confectionery designed
to meet the needs of the occupants of the campsites, and one single detached dwelling
for the accommodation of the operator.
i)
The Public Health Act shall be complied with in respect to all operations and
development of the campground.
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5
ZONING DISTRICTS AND ZONING MAPS
5.1
Zoning Districts
For the purpose of this Bylaw, the Resort Village of Sun Valley is divided into several Zoning
Districts that may be referred to by the appropriate symbols.
R1
Residential
CS
Community Service
R1L
Limited Development
Residential
FUD
Future Urban Development
RR
Resort Residential
C
Commercial
NH
Natural Hazards Land
Overlay District
5.2
The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 4-2017
adopted by the Resort Village of Sun Valley, signed by the Mayor and by the Resort Village
Administrator under the seal of the Resort Village, shall be known as the 'Zoning District' map, and
such map is hereby declared to be an integral part of this Bylaw."
5.3
Boundaries of Zoning Districts
5.3.1
The boundaries of the Districts referred to in this Bylaw, together with an explanatory
legend, notations and reference to this Bylaw, are shown on the map entitled, Zoning
District Map.
5.3.2
Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre lines of
streets, lanes, road allowances, or such lines extended and the boundaries of the
municipality.
5.3.3
Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
5.3.4
Where the boundary of a District is also a parcel boundary and the parcel boundary moves
by the process of subdivision and rezoning, the District boundary shall move with that
parcel boundary, unless the boundary is otherwise located by amendment to the Bylaw.
5.4
Holding Designation
5.4.1
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the
holding symbol "H"; any lands so designated on the map shall be subject to a holding
provision in accordance with Section 71 of The Planning and Development Act, 2007.
5.4.2
Any lands subject to a holding provision shall only be used for the following uses:
a) Those uses existing on the land when the "H" is applied; and Public works.
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6
RESIDENTIAL DISTRICTS
GENERAL REGULATIONS FOR RESIDENTIAL DISTRICTS
6.1
Modular Homes
6.1.1
All modular homes shall be placed on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
6.1.2
All modular homes shall have architectural features similar or complementary to adjacent
and nearby homes with the width approximately equivalent to the length.
6.1.3
Modular homes shall be permanently connected to water and sewer services and
permanently connected, as available, to other public utilities.
6.2
Recreational Vehicles (RVs)
a) Recreational Vehicles may be parked on a site where the principal residence has been
established.
b) Recreation Vehicles, which are not a mobile home, may be used from time to time for a
period not exceeding thirty (30) consecutive days from April 1st to October 31st.. This
summer use is intended to provide temporary sleeping accommodation for guests of the
principal dwelling.
c) Recreation Vehicles shall not be rented as a tourist home.
d) The facilities and amenities of the principal dwelling shall be available for use at all times
by the occupants of the Recreation Vehicle.
e) Recreation Vehicles shall be connected to any permanent piped water supply or waste
disposal system on any lot.
f)
All Recreation Vehicles must be situated with the boundaries of the property and adhere
to the setbacks required for Accessory buildings.
6.3
Accessory Buildings and Uses
a) Subject to all other requirements of this Bylaw, any accessory building, use or structure is
permitted in when accessory to an established principal use, and for which a Development
Permit has been issued.
b) No accessory building may be constructed, erected or moved on to any site prior to the
construction of the principal building to which it is accessory.
c) Recreational Vehicles will not be permitted as a Residential dwelling on a developable
residential lot. Any existing Recreational Vehicles in use as Residential dwelling at the
passing of this Bylaw will be considered a non-conforming use.
d) In the Limited Development Residential District (R1L), a Recreation Vehicle or Park Model
Trailer may constitute a Principal Residential Use. This principal use shall be established
before any accessory buildings are built or moved on site. An Occupancy Tax /licencing
fee will be applied to these parcels.
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e) Where an application for the development of a principal building has been approved,
Council, at its discretion, may allow for the prior development of an Accessory building
where such a building is required for storage of construction materials or equipment. If
the principal building is not completed within the time period required, the Accessory
building is to be removed.
f)
One (1) garage attached to the principal dwelling unit is allowed per residential site.
Where a building is attached to a principal building by a solid roof or by structural rafters,
the building is deemed to be part of the principal building.
g) No Accessory building or structure shall exceed the height of the principal building other
than two (2) story Accessory building which accommodates a Guest Cottage. (See Section
6.10).
h) Location of Accessory Buildings:
i.
No Accessory building may be located in a required/legal Road Allowance. The only
exception is for Water Pump houses.
ii.
Accessory buildings shall be subordinate to and located on the same lot as the
principal permitted use;
iii.
Accessory buildings on corner lots shall be subject to the side and front yard
requirements of the principal building on those lot sides which abut streets;
iv.
Detached Accessory buildings shall not be permitted in any required front yard.
v.
Tree and shrub plantings, portable structures, recreational equipment, boat lifts,
machinery and earth, gravel or wood piles shall comply with the same setback
requirement as for Accessory buildings.
Detached Accessory Buildings: less than 9.29m2 (100.0 ft2)
SETBACKS
From the Principal Building
1.0 metre (3.29 feet)
Front Yard
4.58 metres (15.0 feet) from the front site line (Street Address)
Side Yard
.31 metres (1 foot)
Rear Yard
.31 metres (1 foot)
Where a municipal or environmental reserve exists adjacent to the
rear yard, no setback will be required.
Maximum Floor Area
All detached accessory buildings, cumulatively, shall not exceed
111.5m² (1200ft2) or 75% of the residence, whichever is greater in
area.
Maximum Height
n/a
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6.4
Parking Requirements in Residential Districts
Minimum Parking Spaces
Principal Dwelling
2 Spaces
Guest House or Garage Suite
1 Additional space
Bed and Breakfast Home
1 Additional space per Bedroom
a) Driveways, accessed from the street, shall have a durable, dust-free hard surface of
asphalt, concrete, brick or other similar material including gravel or slag.
b) Up to two (2) dedicated recreational vehicle parking areas may be provided on a
driveway.
c) Recreational vehicles may be parked in the front driveway of a residential site, from May 1
to September 15 only and may be stored in the rear or side yard driveway at any time.
6.5
Outside Storage
a) No exterior storage of materials, goods, or waste products is permitted, except a waste
disposal bin for collection in a required front yard.
Detached Accessory Buildings: greater than 9.29m2 (100.0 ft2)
SETBACKS
From the Principal Building
1.3 metres (4.27 feet)
Front Yard
4.58 metres (15.0 feet) from the front site line (Street Address)
Side Yard
1.53 metres (5.0 feet) from the side site line
Rear Yard
4.58 metres (15.0 feet) from the rear site line.
Where a municipal or environmental reserve exists adjacent to the
rear yard, no setback will be required.
Maximum Floor Area
All detached Accessory buildings, cumulatively, shall not exceed
111.5m² (1200 ft2) or 75% of the residence, whichever is greater in
area
Maximum Wall Height
4.26 metres (14.0 feet)
Maximum Height
6.10 metres (20.0 feet)
Guest Cottage Above a
Garage
A 2-storey accessory building, which accommodates a Guest Cottage,
may at Council's discretion be increased to 9.0 metres (29.53 feet) in
height measured from the from the average grade at the perimeter
of the building to the ridge of the roof.
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b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard.
e) Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating condition, equipment and
machinery normally used for the maintenance of the residential property.
f)
The owner of the property may temporarily display a maximum of either one (1) motor
vehicle or recreational vehicle in operating condition that is for sale at any given point in
time.
6.6
Off-Season Storage
a) Recreational Vehicles (Vacation Trailers, Campers) may be stored in a required rear or side
yard yard when they are not visible from the road.
b) No motor vehicles or equipment may be stored or located in a required/legal Road
allowance.
c) The storage of fishing shacks, recreational equipment or cargo trailers shall be in a proper
manner so as not to create a nuisance or obstruct views of adjacent property owners.
d) Empty developable lots without an established Residential use are restricted from the
temporary storing of recreational equipment, recreational vehicles, motor vehicles or fishing
shacks. Lots in the R1L District (Limited Development Residential ) are exempt from this
requirement.
6.7
Signage
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m²
(5.38 ft²).
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
c) Temporary signs not exceeding 1.0 m² (10.77 ft2) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property are
permitted.
d) No person shall park or store on any part of a site, any unlicensed rail or sea container,
truck, bus or coach body for the purpose of advertising.
6.8
Fence and Hedge Heights
a) No hedge, fence or other structure shall be erected past any property line.
b) No hedge, fence, or other structure not otherwise permitted shall be erected in a required
front yard, to a height more than 1.0 metres (3.28 feet.) above grade level.
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c) No hedge, fence, or other structure not otherwise permitted shall be erected in a rear
yard on a lakeside site, to a height more than 1.0 metres (3.28 feet) above grade level.
d) No hedge, fence, screen, wall or similar structure, excepting permitted Accessory
buildings, shall be erected to a height of more than 2.0 metres (6.57 feet) in a side yard.
6.9
Bed and Breakfast Homes
a)
A bed and breakfast home may be located in a single detached residential dwelling. No
exterior alterations shall be undertaken which would be inconsistent with the residential
character of the building or property.
b) Bed and breakfast homes shall be located in a dwelling used as the operator's principal
residence and shall be licensed by the Ministry of Health.
c)
Additional parking spaces may be permitted in a required front yard.
d) One advertising display sign located on the site or premise advertising the bed and breakfast
home is permitted. The facial area of a sign shall not exceed 0.5 m² (5.39 ft2).
6.10 Guest Cottages (Without Cooking Facilities)
A single Guest Cottage may be allowed under the following conditions if located on a site containing a
single detached dwelling at Council's discretion to assure that conflict with neighbouring uses is avoided:
a)
A Guest cottage may be constructed within an attached or detached garage and must have a
separate entrance directly from the exterior of the building or from the entrance to the
detached garage.
b) Only one Guest cottage is permitted on each residential site and it may not interfere with the
site line of either of the adjoining properties.
c)
Guest Cottages must contain living, sleeping, may contain sanitary facilities and shall not
contain cooking facilities.
d) On-site parking shall be provided for the Guest Cottage in addition to the number of parking
spots required for the principal building.
e) Guest cottage exteriors shall relate to the house exterior by utilizing similar design elements,
colour and finish materials.
f)
A Guest Cottage shall not be rented as a tourist home.
g)
A Guest Cottage shall not exceed 50 m² (538 ft²) and may not have more than two (2)
bedrooms.
All Guest Cottages shall comply with the National Building Code of Canada and Provincial Fire
Code.
h) Two (2) Story Accessory Buildings, which accommodate a Guest Cottage, shall meet the
following requirements:
i. Council shall consider whether the building will unduly block the view of the lake for
neighbouring properties.
ii. The maximum height shall be measured from the average grade at the perimeter of
the building to the ridge of the roof. There will be no consideration for any excess of
the maximum height requirement.
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6.11 Garden Suites
a) One (1) Garden Suite may be constructed within the parcel of a principal single
detached dwelling on parcels greater than 1 acre (4,046 m²) in area at Council's discretion
with conditions to assure that conflict with neighbouring uses are avoided.
b) All Garden Suites require a Development Agreement (Refer to Section 3.26).
c)
All Garden Suites must contain cooking, eating, living, sleeping and sanitary facilities and
must meet National Building Code standards and Provincial Fire Code.
d) Garden suites may not exceed 75m² (807.3 ft ²) and may not have more than two (2)
bedrooms.
e) Garden Suites shall not be higher the principal dwelling.
f)
Council shall consider whether the building will unduly block the views of the adjoining
properties.
g)
Garden Suites will be included in the calculation of parcel coverage and the total floor area
for detached Accessory buildings.
h) Garden Suites may be connected to or serviced separately from the principal dwelling with
private septic system sewer and potable water services.
6.12 Home Occupations (Home Based Businesses)
a)
Home-based occupations and businesses will be accommodated provided that they are
clearly secondary to the principal residential use of the dwelling unit, compatible with the
surrounding residential area, and not of a size or that provide services or products that
would detrimentally affect the viability of the neighborhood.
b) One (1) home occupation shall be allowed per dwelling unit and shall be conducted
entirely within the dwelling or accessory building.
c)
One advertising display sign shall be allowed on the site or premise from which the home
occupation is conducted is permitted. Freestanding signs must be located at least 3.05
metres (10 feet) in from any lot line. No neon or LED signs shall be permitted.
d) The storage of any merchandise or material relating to the home occupation shall not be
exposed to the public view from the street and adjoining properties, nor shall such storage
involve a change in appearance of the residence or its accessory buildings.
e) No equipment or process used in the home occupation shall create dust, noise, vibration,
glare, fumes, odour or air pollution that is detectable at or beyond the property lines of
the lot where the home occupation is located.
f)
No persons other than a resident of the dwelling unit may be engaged in any home
occupation as an employee or a volunteer.
g)
Parking:
i.
The home occupation shall not cause or add to on-street parking congestion or cause
an increase in traffic through residential zones.
ii.
No more than one business vehicle in connection with the home occupation shall be
parked on the residential site and that vehicle must weigh less than 3500 kg (7716
lbs).
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7
RESIDENTIAL DISTRICT (R1)
Purpose: To provide an area residential development in the form of single detached
dwellings and compatible uses. No person shall, within any R1-Residential District, use any land or erect,
alter or use any building or structure, except in accordance with the following provisions:
SITE DEVELOPMENT REGULATIONS FOR SINGLE DETACHED DWELLINGS
Minimum Site Area
600 m2 (4951.57 ft2)
Minimum Floor Area
The Principal building shall be a minimum of 65.0m² (699.68 ft²)
Minimum Site Frontage
20 metres (60.0 feet)
15 metres with a mean width of 20 metres for non-rectangular sites
Minimum Front Yard
6 metres (20 feet)
Minimum Rear Yard
4.58 metres (15 feet) from the Principal building
Minimum Side Yard
1.53 metres (5.0 feet) , on a corner lot 3.05 metres (10 feet) or in accordance with current
National Building Code of Canada and Provincial Fire Code.
Maximum Site Coverage
Building coverage (including all accessory buildings) may not exceed 60% of the site area
Maximum Building Height
9.00 metres (29.53 feet) for the Principal building
Minimum Lot Elevation
512.7 metres (1,682 feet )
Minimum Building Elevation
Minimum is 513.2 metres (1,683.7 feet) to bottom of the house floor joists or floor slab and
the Maximum is 513.7 metres (1,685feet) to the bottom of the house floor joists or floor
slab. Garage pads shall be at 512.7 metres (1,682 feet)
Permitted Uses
Discretionary Uses
Prohibited Uses
a) One single detached
dwelling, Ready-to-Move
(RTM), or Modular home;
b) Uses, buildings and
structures accessory to the
foregoing permitted uses
and located on the same
site with the main use;
c) Mobile Homes in existence
as the passing of this
Bylaw;
d) Playgrounds;
e) Public works.
The following uses may be permitted in the R1-
Residential District only by resolution of Council
and only in locations specified by Council:
a) Detached Accessory Buildings where the Floor
Area is more than 70 m2 (753.5 ft2);
b) Two-Story Accessory Building;
c) Home Occupations;
d) One Guest Cottage;
e) Temporary Garage;
f)
Bed and Breakfast homes;
g) Recreational Vehicles used as a temporary
residence during construction only;
h) One Intermodal Shipping Container;
i)
Portable Storage Unit during construction
only.
a) Salvage or vehicle
storage yard;
b) The keeping of
livestock;
c) Wind Turbines;
R1
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8
LIMITED DEVELOPMENT RESIDENTIAL DISTRICT (R1L)
Purpose: To acknowledge the limited development options by providing for alternative residential
development options and compatible uses. No person shall, within any R1L- Limited Development
Residential District, use any land or erect, alter or use any building or structure, except in accordance
with the following provisions:
SITE DEVELOPMENT REGULATIONS
Minimum Site Area
600 m2 (4951.57 ft2)
Minimum Floor Area
The Principal building shall be a minimum of 45.4 m² (500 ft²)
Minimum Site Frontage
20 metres (60.0 feet)
15 metres with a mean width of 20 metres for non-rectangular sites
Minimum Front Yard
6 metres (20 feet)
Minimum Rear Yard
4.58 metres (15 feet) from the Principal building
Minimum Side Yard
1.53 metres (5.0 feet) , on a corner lot 3.05 metres (10 feet) or in accordance with current
National Building Code of Canada and Provincial Fire Code.
Maximum Site Coverage
Building coverage (including all accessory buildings) may not exceed 60% of the site area
Maximum Building Height
9.00 metres (29.53 feet) for the Principal building
Minimum Lot Elevation
512.7 metres (1,682 feet )
Minimum Building Elevation
Minimum is 513.2 metres (1,683.7 feet) to bottom of the house floor joists or floor slab
and the Maximum is 513.7 metres (1,685feet) to the bottom of the house floor joists or
floor slab. Garage pads shall be at 512.7 metres (1,682 feet)
Geo-Technical Report
Required for all Single Detached Residential Dwellings
Permitted Uses
Discretionary Uses
Prohibited Uses
a) One single detached dwelling,
Ready-to-Move (RTM), or
Modular home;
b) Recreational Vehicle or Park
Model;
c) Uses, buildings and structures
accessory to the foregoing
permitted uses and located on
the same site with the main use;
d) Playgrounds;
e) Public works.
The following uses may be permitted in the
R1L- Limited Development Residential
District only by resolution of Council and
only in locations specified by Council:
a) Detached Accessory Buildings where the
Floor Area is more than 70 m2 (753.5 ft2);
b) Home Occupations;
c) Temporary Garage;
d) Portable Storage Unit during construction
only;
e) One Intermodal Shipping Container.
a) Salvage or vehicle
storage yard;
b) The keeping of
livestock;
c) Wind Turbines.
R1L
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9
RESORT RESIDENTIAL DISTRICT (RR)
Purpose: To provide an area for multi-parcel residential resort-related development. No person shall,
within any RR- Resort Residential District, use any land or erect, alter or use any building or structure,
except in accordance with the following provisions:
SITE DEVELOPMENT REGULATIONS
Minimum Site Area
1 acre (4046.86 m²)
Minimum Floor Area
Principal Building: 90m² (969 ft²)
Minimum Site Frontage
50 metres for rectangular sites.
17 metres with a mean width of 40 metres for non-rectangular sites
Minimum Front Yard
6 metres (20 feet)
Minimum Rear Yard
10 metres (33 feet) from the Principal Building
Minimum Side Yard
3.05 metres (10 feet) or in accordance with current National Building Code of Canada
and Provincial Fire Code.
Maximum Site Coverage
Building coverage may not exceed 60% of the site area
Maximum Building Height
9.00 metres (29.53 feet) for the Principal building
Minimum Lot Elevation
512.7 metres (1,682 feet )
Minimum Building Elevation
Minimum is 513.2 metres 1,683.7 feet) to bottom of the house floor joists or floor slab
and the Maximum is 513.7 metres (1,685feet) to the bottom of the house floor joists or
floor slab. Garage pads shall be at 512.7 metres (1,682 feet)
Permitted Uses
Discretionary Uses
Prohibited Uses
a)
One single detached dwelling,
Ready-to-Move( RTM), or Modular
home;
b) Multi-Unit, Townhouse and Semi-
Detached Dwellings;
c)
Uses, buildings and structures
accessory to the foregoing
permitted uses and located on the
same site with the main use;
d) Playgrounds;
e) Public works.
The following uses may be permitted in
the RR-Resort Residential District only by
resolution of Council and only in
locations specified by Council:
a) Detached Accessory Buildings where
the Floor Area is greater than 70 m2
(753 ft2).
b) Bareland Condominium Dwellings;
c) Home Occupations;
d) Guest Cottages or Tiny Home;
e) Bed and Breakfast homes;
f)
One Intermodal Shipping Container;
a) Portable Storage Unit during
construction only.
a) Salvage or vehicle
storage yard;
b) The keeping of
livestock;
c) Wind Turbines.
RR
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10 COMMERCIAL DISTRICT (C)
Purpose: To provide an area for Resort Village recreation-related commercial development. No person
shall, within any C - Commercial District, use any land, or erect, alter or use any building or structure
except in accordance with the following provisions:
Permitted Uses
Discretionary Uses
a) Convenience Stores;
b) Cafes, coffee shops;
c) Restaurant, Lounge, Tavern;
d) Tourist Rental Cabins;
e) Self-Service Storage (Mini Storage);
f)
Recreational Vehicle Campgrounds;
g) Marina with/without fuel station;
h) Gas bar;
i) Buildings, structures or uses accessory to and
located on the same site as the principal building
or permitted use.
The following uses may be permitted in the C-
Commercial District but only by resolution of Council
and only in locations specified by such resolution of
Council.
a) Other innovative recreation-related commercial
uses consistent with the Resort Village character;
b) Mobile Vendors;
c) Billboards.
SITE DEVELOPMENT REGULATIONS
Minimum Site Area
290 m² (3121.5 ft²)
Minimum Site Frontage
15.0 metres
Minimum Front Yard
6.0 metres
Minimum Rear Yard
9.0 metres where off-street parking and loading facilities are provided in the rear of
the lot or 6.0 metres if the rear site line is an abutting street.
Where a public or environmental reserve exists adjacent to the rear yard, no set
back will be required
Minimum Side Yard
3.0 metres. unless the side site line is an abutting street then the side or rear yard
shall be 6.10 metres (20 feet).
Maximum Site Coverage
75%
Maximum Building Height
Principal building 9.0 metres. Accessory Buildings 5.0 metres
Minimum Lot Elevation
512.7 metres (1,682 feet )
Minimum Building Elevation
Minimum is 513.2 metres 1,683.7 feet) to bottom of the building joists or floor slab
and the Maximum is 513.7 metres (1,685feet) to the bottom of the building floor
joists or floor slab. Storage sheds/ accessory building pads shall be at 512.7 metres
(1,682 feet)
Accessory Buildings
Shall be located 0.3 metres (4.27 feet) from the principal building , otherwise the
same requirements as required for the principal use or building.
C
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10.1.1 Signage
a) Signs in the Commercial District shall advertise the principal use of the premises or the
principal products offered for sale on the premises.
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
c) Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination
thereof, may be located on any site and shall be located within the lot lines of the lot in
which they are located.
d) The facial area of an individual sign shall not exceed 2.0 m².
10.1.2
Parking Lots
a) One (1) parking space shall be provided for each ten (10) patrons or seats or 50 m² of floor
area whichever is greater.
b) Parking lots, when accessed from the street, shall have a durable, dust-free hard surface
of asphalt, concrete, brick or other similar material including gravel or slag.
c) Where a parking lot/area abuts any Residential District without an intervening lane there
shall be a fence at least 1.0 metres in height and a strip of land adjacent to the abutting
site line of not less than 1.5 metres in width throughout which shall not be used for any
purpose except landscaping.
10.1.2 Landscaping
a) A landscaped strip of not less than 3.0 metres (9.85 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
10.1.3 Gas Bar/Service Station
a) Where gas bars occupy a corner site, only one access point shall be located on the side lot
line(flankage), located a minimum of 6.0 metres from the intersection.
b) Fuel pumps and other apparatus for dispensing or storage of fuel, located above ground
level, are to be at least 6.0 metres from any lot line or street.
c) Gas bars shall locate underground storage tanks in accordance with The Fire Protection
Act.
d) Propane and natural gas pumps (retail or wholesale) shall be set back according to
Provincial regulations
e) Access/egress points shall not be continuous along a street and shall be at least 10.0
metres apart
f)
Parking areas are to be hard surfaced and designed to drain water onto a street or lane or
into a storm sewer system with adequate capacity to handle such runoff.
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11 COMMUNITY SERVICE DISTRICT (CS)
Purpose: To provide an area for the development of public land for recreational development, related
uses and public works. No person shall, within any CS - Community Service District, use any land, or
erect, alter or use any building or structure except in accordance with the following provisions:
Permitted Uses
Discretionary Uses
a)
Natural and nature-like open areas, Pedestrian trails and bicycle
pathways;
b) Public Lake Accesses;
c)
Community hall;
d)
Commercial use accessory to a Community Service Use;
e) Recreational - sports fields, parks, playgrounds, marina, boat
launches, and other similar uses. More than one recreational
use may be permitted per site;
f)
Accessory Buildings, structures, or uses secondary or
subordinate to, and located on the same site as, the principal
use;
g)
Public Works buildings and structures excluding storage yards,
warehouses, drainage ditches, culverts, and other drainage
works
h) Water reservoirs and sewage treatment facilities.
The following uses may be permitted in
the Community Service District but only by
resolution of Council and only in locations
specified in such resolution of Council:
a)
Communication towers;
b) Seasonal operations (i.e. beach
concession).
c)
Boat lift storage;
d) Commercial recreation establishments;
e) Solar Panels;
f)
Wind Turbines;
SITE DEVELOPMENT REGULATIONS
Minimum Site Area
Recreational uses - 1.01 hectares (2.5 acres)
Golf course - 32.38 hectares (80 acres)
Minimum Site Frontage
20.0 metres (65.6 feet)
Minimum Front Yard
6.10 metres (20 feet)
Minimum Rear Yard
6.10 metres (20 feet)
Minimum Side Yard
Not less than half the height of the building or 3.0 metres (9.85 feet),
whichever is greater.
Parks, Playgrounds and Public Works
No minimum requirements
Parking
1 parking space for each ten (10) patrons or seats or 50 m² of floor area
whichever is greater.
Accessory Buildings
Shall be setback 0.3 metres (4.27 feet) from the principal building ,
otherwise the same requirements as required for the principal use or
building.
CS
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11.1.1 Signage
a) The facial area of a sign shall not exceed 0.5 m² (5.4 ft²).
b) Signs and billboards are prohibited except for one information sign for each building
or use and those bearing notices of special events and activities, or other
information, relating to a temporary condition affecting the site and shall not
exceed 1.0 m² (10.77 ft2) in size.
11.1.2 Landscaping
a) A landscaped strip of not less than 3.0 metres (9.85 feet) in width throughout lying
parallel and abutting the front site line shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole
of any required side yard abutting the flanking street shall be landscaped.
c) Where a site abuts any Residential District without an intervening land, there shall
be a strip of land adjacent to the abutting site line of not less than 1.5 metres
which shall not be used for any purpose except landscaping.
11.1.3 Public Access Roads
a) Any Pump House built on a Public Access Road must receive a Development Permit
approved by Council, and will be limited to one (1) pump house per access road
to ensure non-lakefront properties have access to Buffalo Pound Lake.
b) No temporary buildings may be located on Public Access Roads.
c) The winter storage of Boat Lifts on Public Access Roads is permitted, but they must
be removed by June 1st of each year.
11.1.4 Leased Municipal Reserve/Crown Land
a)
Development Permits are required for all buildings and structures.
b) Permitted Uses include: Uses: Playgrounds, Boat houses, Non-permanent Accessory
Buildings <9.29 m²
c)
Temporary Buildings located below required elevation must meet floodproofing
standards and be built on skids. Temporary buildings must be located between
the property owners site boundaries
d) Fences are prohibited.
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12 FUTURE URBAN DEVELOPMENT DISTRICT - (FUD)
Purpose: To identify and reserve areas of land for future development in the Resort Village. No person
shall, within any FUD District, use any land, or erect, alter or use any building or structure, except in
accordance with the following provisions:
Permitted Uses
Discretionary Uses
a) Agricultural crop production and horticultural uses and
buildings and structures accessory to the use including
the application of manure on agricultural land;
b) Uses, buildings and structures accessory to the
foregoing permitted uses;
c) Recreational uses and sports grounds;
d) Public works;
e) Natural Areas;
f)
Uses in existence when this Bylaw comes into force.
The following uses may be permitted in the
Community Service District but only by resolution
of Council and only in locations specified in such
resolution of Council:
a) Large accessory buildings (>1,000ft²??)
b) Recreational Vehicle Storage Compounds;
c) Billboards.
SITE DEVELOPMENT REGULATIONS
Minimum Site Area
Existing - no subdivision
Agricultural - 8.1 hectares (20 acres)
Public Works - no minimum except municipal storage building 1,000 m2 (10,764 ft2)
Minimum Site Frontage
Existing site frontages permitted.
Maximum Site Coverage
60%
Front Yard
Agriculture - 7.6 metres (24.94 feet) only where a residential zone abuts
Public Works - 7.6 metres (24.94 feet)
Side Yard
Agriculture - 7.6 metres (24.94 feet) where it abuts a Residential District Public
Works- 3.0 metres (9.85 feet)
Rear Yard
Agriculture - None
Public Works - 7.6 metres (24.94 feet)
Minimum Setback from The
Centerline of a Municipal Road
60 metres
Accessory Buildings
A minimum of 1.53 metres (5.0 feet) setback from the rear site line and/or 1.53
metres (5.0 feet) from the side site line;
No quantity of volatile or hazardous material shall be stored in an Accessory building
or structure other than the amount permitted by the Provincial Fire Regulations
which govern hazardous substances.
FUD
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12.1.1 Signage
a) One permanent sign is permitted per site and the facial area of a sign shall not
exceed 1.0 m² (6.8 ft2);
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of
the public;
c) Temporary signs not exceeding 1.0 m² (10.77 ft2) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the
property are permitted.
12.1.2 Supplementary Regulations
a) Council will consider the applications for discretionary uses with respect to the
following criteria:
i.
The proposed development will be consistent with any Concept Plans in
force in the area and will not be inconsistent with the future use and
development plans of the Official Community Plan.
ii.
The development will not require the development of new streets and utility
lines except as may be provide for in existing plans under the Official
Community Plan and that the proposal is not premature.
b) Where a development is proposed, the developer shall, at their own expense,
provide suitable water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and Regulations
requirements.
c) Any building or structure used for the habitation or shelter of animals permitted in
this Zoning District shall be located a minimum distance of 76.0 metres (249.35
feet) from an occupied dwelling situated on an adjoining site.
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13 NATURAL HAZARD LANDS OVERLAY (NH)
The Intent of this Overlay Area is to restrict development in areas that are considered hazardous for
development for reasons of ground instability or erosion and areas that are considered hazardous for
development in order to minimize property damage due to flooding. The following regulations are
intended to apply supplementary standards for development in natural hazard areas.
A Reference Map is provided in the Official Community Plan, and may be updated periodically, to reflect
any new hazard areas.
No person shall within a Natural Hazard Lands Overlay District use any land, or erect, alter or use any
building or structure, except in accordance with the following provisions:
13.1.1 Unstable Slopes Site Development Regulations
13.1.1.1
No new development shall be permitted in any readily eroded or unstable
slope area if the proposed development will be affected by or increase the
potential hazard presented by erosion or slope instability.
13.1.1.2
For the purpose of this Bylaw, the area considered to present potential erosion
and/or slope instability hazard includes but is not limited to the slopes of
Buffalo Pound Lake and its tributary creeks and gullies extending from the edge
of the flood plain in the valley, to the ridge of the slope at the top, plus a
setback of forty (40) metres and/or based on examples of unstable slope
conditions or associated geotechnical reports.
13.1.1.3
Any application for a Development Permit on any parcel of land that lies wholly
or partially within an area designated in the "Natural Hazard Lands Overlay"
area must be accompanied by a detailed site analysis prepared by a
geotechnical engineer registered in the Province of Saskatchewan. The site
analysis shall indicate topography, surface drainage, geological, and
geotechnical conditions at the site of the proposed development and related to
the conditions of the general area as they relate to slope instability and erosion
hazards.
13.1.1.4
The engineering report will identify hazard mitigation measures including
engineered works and other measures deemed to be effective in eliminating or
managing anticipated erosion and slope stability impacts, and will identify and
explain known and suspected residual hazards. The responsibility for
monitoring and responding to monitored findings shall be resolved before
approval is granted.
13.1.1.5
A Development Permit shall not be issued unless the report on the site,
presented by the professional consultant, indicates that the site is suitable for
development or outlines suitable mitigating measures and documents residual
NH
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hazard. If such an evaluation is not done, or having been done, Council
determines that excessive remedial or servicing measures are necessary to
safely and efficiently accommodate the proposed development, Council shall
not be required to approve the application for development.
13.1.2 Flood Hazard Areas Site Development Regulations
13.1.2.1
A Development Permit shall not be issued for any land use, erection, alteration
or use of any building or structure within a Flood Hazard Area unless the
site/development meets approved flood proofing measures to the 1:500
Estimated Peak Water Level , plus an additional ½ metre freeboard elevation.
13.1.2.2
No person shall backfill, grade, deposit earth or other material, excavate, or
store goods or materials on these lands.
13.1.2.3
For all proposed development in this cautionary area, the developer shall be
responsible to obtain and determine the 1:500 year Estimated Peak Water
Level to determine the Safe Building Elevations. The Saskatchewan Water
Security Agency will assist and provide when possible or the developer shall be
responsible for the cost.
13.1.2.4
Notwithstanding any other portion of this Bylaw, the development of new
buildings and/or additions to buildings in the flood way of the 1:500 year flood
way elevation of any watercourse or water body is prohibited.
13.1.2.5
In addition, development in the 1:500 year flood fringe is not allowed unless
flood proofed up to an elevation of 0.5 metres above the 1:500 estimated peak
water level to be determined by a qualified hydraulic engineer or as established
by the Saskatchewan Water Security Agency.
13.1.2.6
Any existing buildings may be replaced or expanded subject to appropriate
flood proofing measures being provided.
13.1.2.7
For the purpose of this Bylaw, appropriate flood proofing measures shall mean:
a) That all buildings shall be designed to prevent structural damage by flood
waters;
b) The first floor of all buildings shall be constructed above the designated
flood design elevation; and
c) All electrical and mechanical equipment within a building shall be located
above the designated flood design elevation.
13.1.2.8
"Hazardous Substances and Waste Dangerous Goods" are prohibited, as
defined by the Hazardous Substances and Waste Dangerous Goods Control
Regulations of the Environmental Management and Protection Act of
Saskatchewan.
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14 REPEAL AND ADOPTION
Bylaw No. 2-88 as amended shall be repealed upon Bylaw 4-2017, the Zoning Bylaw, coming into force and
effect.
MINISTERIAL APPROVAL
This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force on
the date of final approval by the Minister of Government Relations.
COUNCIL READINGS AND ADOPTION
Read a first time this
day of
2017
Read a second time this
day of
2017
Read a third time this
day of
2017
Adoption of Bylaw this
day of
2017
_______________________________
Mayor
SEAL
_______________________________
Administrator
_______________________________
Ministerial Approval
SEAL
______________________________
Ministerial Approval Date
58
APPENDIX "A" ZONING MAP
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APPENDIX "B" DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
Every Development Permit application shall include:
1. Application Form
A completed application form.
2. Site Plan
Two copies of a proposed development site plan.
3. Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed
development.
4. Landscape Plan
A landscape plan showing, with labels, the following:
a) The existing topography,
b) The vegetation to be retained and/or removed,
c) The type and layout of;
i)
hard (e.g., structures) and soft (e.g., vegetation) landscaping,
ii) the open space system, screening, berms, slopes,
iii) other, as required, to effectively administers this Bylaw;
d) The types, sizes and numbers of vegetation materials;
e) Areas to be damaged or altered by construction activities and proposed methods of restoration;
f) A schedule of site stripping and grading, construction, and site restoration, including methods to
be employed to reduce or eliminate erosion by wind, water, or by other means; and
g) Historical and archaeological heritage resources and management areas (a heritage resource
assessment as prescribed under the heritage property act may be required).
5. Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to
adjacent lands:
a) Nearby municipal roads, highways and railways;
b) Significant physical features, environmentally sensitive areas, and more or less pristine natural
areas or features, especially undisturbed grassland, wooded ravines, and water feature or
stream courses;
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c) Critical wildlife habitat and management areas;
d) Mineral extraction resources and management areas, and
e) Other as required, to effectively administer this Bylaw.
6. Certificate of Title and Surveyors Certificate
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7. Valid Interest
Development Permit applicants shall be required to provide information, to the Development
Officer's or Council's satisfaction, that they have a current, valid interest in the land proposed for
development.
Proof of current valid interest may include:
a) Proof of ownership;
b) An agreement for sale;
c) An offer or option to purchase;
d) A letter of purchase;
e) A lease for a period of more than 10 years; and
f) Other, as determined and accepted by council, or the development officer.
8. Site Description for Subdivision Applications
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional
Community Planner and signed by the registered site owner or appointed agent;
b) A metes and bounds description prepared by the Information Services Corporation, which is
accompanied by an accurate sketch;
c) Photographic Information; and/or
d) Photographs showing the site in its existing state.
9. Professional Reviews
Prior to making a decision on a subdivision, permitted or discretionary use, Council may refer the
application to whichever Government Agencies or interested groups, as Council may consider
appropriate. Council also may 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.
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APPENDIX "C" APPLICATION FOR A DEVELOPMENT PERMIT
1. Applicant:
a) Name: _______________________________________________
b) Address: _____________________________________________ Postal Code: _______________
c) Telephone Number: ___________________________________ Cell phone: _________________
2. Registered Owner: as above, or:
a) Name: _______________________________________________
b) Address: _____________________________________________ Postal Code: _______________
c) Telephone Number: ___________________________________ Cell phone: _________________
3. Property: Legal Description
Lot(s) _____________ Block _______________ Reg. Plan No. _________________
4. Lot Size:
Dimensions____________________________ Area___________________________
5. Existing Land Use:
_________________________________________________________________________________
_________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
_________________________________________________________________________________
_________________________________________________________________________________
7. Proposed date of Commencement: ____________________________________
Proposed date of Completion: ________________________________________
8. Other Information:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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10. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing,
with labels, the following existing and proposed information:
a) A scale and north arrow;
b) A legal description of the site;
c) Mailing address of owner or owner's representative;
d) Site lines;
e) Bylaw site line setbacks;
f)
Front, rear, and side yard requirements;
g) Site topography and special site conditions (which may require a contour map), including ponds, streams,
other drainage runs, culverts, ditches, and any other drainage features;
h) The location of any buildings, structures, easements, and dimensioned to the site lines;
i)
The location and size of trees and other vegetation, especially natural vegetation, street trees, and mature
growth;
j)
Proposed on-site and off-site services;
k) Landscaping and other physical site features;
l)
A dimensioned layout of parking areas, entrances, and exits;
m) Abutting roads and streets, including service roads and alleys;
n) An outline, to scale, of adjacent buildings on adjoining sites;
o) The use of adjacent buildings and any windows overlooking the new proposal;
p) Fencing or other suitable screening;
q) Garbage and outdoor storage areas; and
r)
Other, as required by the development officer or council to effectively administer this Bylaw.
10. Modular/RTM: C.S.A. Z277 Approval Number (from Black and Silver Sticker)
Modular date of Manufacture: ________________________
11. Declaration of Applicant:
I, __________________________________ of the ____________________________of
_________________________ in the Province of Saskatchewan, do Solemnly declare that the above
statements contained within the application are true, and I make this solemn declaration conscientiously
believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue
of "The Canada Evidence Act."
I agree to indemnify and hold harmless the Resort Village of Sun Valley from and against any claims,
demands, liabilities, costs and damages elated to the development undertaken pursuant to this application.
Date: ______________________________ Signature: _________________________________
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APPENDIX "D" NOTICE OF DECISION FOR A DEVELOPMENT PERMIT OR ZONING BYLAW
AMENDMENT
To:
_________________________________
_________________________________________
(Applicant)
(Address)
This is to advise you that your application for a:
Permitted Use or Form of Development, or
Discretionary Use or Form of Development, or
Request for a Zoning Bylaw Amendment
Has Been:
Approved
Approved subject to conditions or Development Standards, as listed in the attached schedule
Refused for the following reason:
If your application has been approved with or without conditions, this form is considered to be the
Development Permit granted pursuant to the Zoning Bylaw.
Right of Appeal
Please be advised that under Section 59 of The Planning and Development Act, 2007:
you may NOT appeal the refusal of your application for a use or form of development that is not
permitted within the zoning district of the application;
you may NOT appeal the refusal of your application for a discretionary use or form of
development;
you may NOT appeal the refusal of your application for an amendment to the Zoning Bylaw;
64
you MAY APPEAL those standards that you consider excessive in the approval of the discretionary
use of form of development; or
you MAY APPEAL the refusal of your application if you feel that the Development Officer has
misapplied the Zoning Bylaws in the issuing of this permit.
Your Appeal must be submitted in writing within 30 days of the date of this notice to:
Secretary, Development Appeals Board
Resort Village of Sun Valley
Box 478
Moose Jaw, SK
S0A 1A0
_____________________________
____________________________________________
(Date)
Development Officer
Note:
This Development Permit expires 12 months from the date of issue.
A Building Permit is also required in addition to a Development Permit for a building
construction.