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ZONING BYLAW
FOR THE
RESORT VILLAGE OF SUNSET COVE
BYLAW NO. 22/87
PART 1 - INTRODUCTION
Under the authority granted by The Planning and Development Act, 1983, the
Council of the Resort Village of Sunset Cove in the Province of Saskatchewan, in
open meeting, hereby enacts as follows:
Title
This Bylaw shall be known and may be cited as the
"Zoning Bylaw" of the Resort Village of Sunset Cove.
Purpose
The purpose of this Bylaw is to control the use of land
in the Resort Village of Sunset Cove so as to provide
for the amenity of the area and for the health, safety
and general welfare of the inhabitants of the
municipality and to implement the policies of the Basic
Planning and The Act.
Scope
No development shall hereafter be permitted within
the limits of the Resort Village of Sunset Cove except
in the conformity with the provisions of this Bylaw, the
Basic Planning Statement and The Act.
Severability
A decision of a Court that one or more provisions of
this Bylaw are invalid in whole or in part does not
affect the validity, effectiveness or enforceability of the
other provisions or parts of the provisions of this
Bylaw.
PART II - DEFINITIONS
Whenever in this Bylaw the following words or terms are used, they shall unless
the context otherwise provides, be held to have the following meaning.
Accessory
A use, separate building, or structure, normally
incidental, subordinate, exclusively devoted to and
located on the same lot as the principal use, building
or structure.
Act
The Planning and Development Act, 1983.
Administrator
The Municipal Administrator or Clerk of the Resort
Village of Sunset Cove.
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Zoning Bylaw
Building
Any structure constructed or placed on, in or over
land but does not include a public highway.
Building Bylaw
A bylaw adopted by the Council pursuant to the
relevant Provincial Statute which regulates the
constructional alteration, repair, occupancy or
maintenance of buildings.
Building Principal
A building in which the main or primary use of the lot
is conducted.
Council
The Council of the Resort Village of Sunset Cove.
Development
The carrying out of any building, engineering, mining
or other operations in, on, or over land or the making
of any material change in the use or intensity of the
use of any building or land.
Development Permit
A document authorizing a development issued
pursuant to this bylaw, but does not include a building
permit.
Discretionary Use
A use of land or a building that may be permitted in a
district only at the discretion of the council and which
may be subject to specific development standards.
Dwelling
A building or part of a building that may be used as a
permanent residence excluding a mobile home, but
including a prefabricated home.
Dwelling Unit
One or more rooms that may be used as a residence
each unit having separate sleeping, cooking and toilet
facilities.
Dwelling, Multiple
A building containing three or more dwelling units.
Dwelling, Duplex
A building divided horizontally into two dwelling units.
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Zoning Bylaw
Dwelling,
A building divided vertically into two dwelling units by
Semi-detached
a common wall extending from the base of the
foundation to the roof line.
Dwelling,
A building containing only one dwelling unit.
Single Detached
Home Occupation
An occupation, trade, profession or craft conducted
for gain in a dwelling unit or a conforming accessory
building by the resident or residents and which is
incidental and secondary to the residence.
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.
Lot
An area of land with fixed boundaries which id of
record in the Land Titles Office by Certificate of Title.
Lot Line, Front
The line separating the lot from the street; for a corner
lot, the shorter line abutting a street.
Lot Line, Rear
The lot line at the rear of the lot and opposite the front
lot line.
Minister
The member of the Executive Council to whom for the
time being is assigned the administration of the Act.
Mobile Home
A trailer coach that may be used as a dwelling all the
year round; has water faucets and shower or other
bathing facilities that may be connected to a water
distribution system; and has facilities for washing and
water closet or other similar facility that may be
connected to a sewage system.
Mobile Home Park
A lot under single management for the placement of
two or more mobile homes.
Motel
A hotel for temporary use by automobile tourists or
travelers.
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Zoning Bylaw
Permitted Use
A use of land or buildings that shall be permitted in a
district where all requirements of the bylaw are met.
Public Works
I) systems for the production or distribution of
electricity;
II) systems for the distribution of natural gas or oil;
III) facilities for the storage, transmission, treatment,
distribution or supply of water;
IV) facilities for the collection, treatment, movement
or disposal of sanitary sewage;
V) telephone or light distribution lines,
that are owned or operated by the Crown or the
Municipality.
Resort Village
The Resort Village of Sunset Cove.
Rooming House
A building containing more than one rooming unit.
Rooming Unit
A room or rooms for accommodation other than a
dwelling unit or other form of accommodation defined
elsewhere in this bylaw with sleeping facilities, but
without private toilet facilities.
Service Station
A building or part of a building used for the retail sale
of lubrication oils and gasolines, automobile
accessories, and the servicing and minor repairing of
motor vehicles, which may include a restaurant, car
wash, or car sales lot as accessory uses.
Sign
Any figures, numbers, emblems, pictures, devices,
marks or designs, intended to be visible from other
than inside a building, for the purpose of making
known any individual, association, business, industry
or service, or for advertisement or for directing or
obtaining attention.
Street
The whole and entire width of every highway, public
road, or road allowance vested in Her Majesty in tight
of the Province of Saskatchewan and shown as such
on a plan of survey registered in a Land Titles Office.
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Zoning Bylaw
Structural Alteration
The construction or reconstruction of the supporting
elements of a building.
Townhouse or
A building divided into three or more dwelling units
Row house
located side by side under one roof and sharing
common walls.
Yard
Open, uncovered space unoccupied by buildings or
structures on a lot except as specifically permitted
elsewhere in this Bylaw.
Yard, Front
That part of a lot extending across the full width of a
lot between the front lot line and the nearest wall or
supporting member of a principal building or structure.
Yard, Rear
That part of a lot extending across the full width of the
lot between the rear lot line and the nearest wall of
supporting member of a principal building or structure.
Yard, Side
That part of a lot extending from the front yard to the
rear yard between the side lot line and the nearest
wall or supporting member of a building or structure
except where the wall or supporting member is
supporting an uncovered patio or uncovered sun
deck.
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Zoning Bylaw
PART III - ADMINISTRATION
1. Development Officer
The Council may appoint a Development Officer or act in that capacity itself.
The Development Officer shall be responsible for the administration of this
Bylaw.
2. Development Permit
A. Except where a particular development is specifically exempted by Part III.
Section 5 no person shall undertake a development or commence a use
without a development permit first being obtained.
B. A development permit shall not be issued in contravention of any
provisions of this Bylaw.
3. Development Permit Procedure
A. An application for a development permit shall be made in writing to the
Development officer in the form prescribed by Council.
B. Where an application for a development permit is made for a permitted
use, the development officer shall issue a permit where the development
is in conformity with this Bylaw.
C. Where an application for a development permit is made for a discretionary
use, the development officer shall present the application to the Council
as soon as practicable.
D. As soon as practicable after Council is presented with the application for a
development permit for a discretionary use, Council shall consider the
application. Prior to making a decision, Council may refer the application to
whichever Government Agencies or interested groups as Council may
consider appropriate.
E. Upon approval of a discretionary use by resolution of Council the
development officer shall issue a development permit subject to any
development standards prescribed by Council based on the guidelines in
Part IV, Section II.
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Zoning Bylaw
F. Where an application for a development permit is made for a use subject
to special regulations or standards, the development officer shall issue a
permit including those special regulations or standards.
G. Every decision shall be in writing and a copy shall be sent to the applicant.
H. A development permit is valid for a period of twelve months.
I. 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 the
development permit and notify the permit holder that the permit is no longer
in force.
J. Where the Council is satisfied that a development, the permit for which has
been suspended, will be 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.
4. Referral to Department of Health
The development officer shall forward a copy of all approved development
permit applications involving installation of water and sanitary services to the
local office of the Department of Health.
5. Development Not Requiring a Permit
A development permit is not required for the following:
A. Maintenance, construction or installation of any public works.
B. Fences.
C. Accessory buildings or structures less than 9 square meters in area.
D. Maintenance or repair of any building or structure not including structural
alterations.
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Zoning Bylaw
E. Signs in residential districts which conform to Part IV, Section 7.
6. Development Appeals Board
A. A Development Appeals Board is hereby established.
B. The Development Appeals Board shall be appointed in accordance with
Sections 92 and 93 of the Act.
C. An appeal to the Development Appeals Board and therefrom to the
Provincial Planning Appeals Board may be taken in accordance with
Section 96 of the Act.
7. Fee for Zoning Amendment Application
When an application is made to the Council for an amendment to this Bylaw,
the applicant shall be responsible to pay the cost of the advertisement of the
amendment.
8. Offences and Penalties
Any person who violates this Bylaw is Guilty of an offence and liable on
summary conviction to the penalties of the Act.
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Zoning Bylaw
PART IV - GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
1. Licenses, Permits and Compliance with Other Bylaws and Legislation
Nothing in this Bylaw shall exempt any person from complying with the
requirements of a building bylaw or any other bylaw in force within the Resort
Village or from obtaining any license, permission, permit, authority or approval
required by this or any other bylaw of the Resort Village. Where requirements
in this Bylaw conflict with those of any other municipal requirements, the more
stringent requirements shall prevail.
2. Permitted Yard Encroachments
The following yard encroachments shall be permitted.
A. Uncovered balconies, porches, verandahs, and decks may project 1.8
metres into any required front or rear yard.
B. Window sills, eaves, gutters, bay windows, chimneys and similar non-
structural alterations may project a distance of 600 millimetres into any
required yard but not closer to a lot line than 150 millimetres.
3. Number of Principal Buildings Permitted on a Lot
Not more than one principal building shall be placed on any one lot, with the
exception of schools, hospitals, curling and skating rinks, recreation centres,
nursing homes and senior citizen homes, and multiple unit dwellings. The
development officer shall advise the applicant in writing that adherence to the
Bylaw Regulations and Provincial Subdivision Regulations (where applicable),
will be necessary if any future application for subdivision is made.
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Zoning Bylaw
4. Non-Conforming Buildings and Uses
A. Any lawful use of land, an existing building or of any building lawfully
under construction at the date of approval of this Bylaw, although such use
or building does not conform to the regulation of this Bylaw shall be carried
on in accordance with the provisions of Sections 113 to 118 inclusive of
the Act.
B. No existing use or building shall be deemed to be non-conforming by
reason only of the conversion of this Bylaw from the Imperial System of
Measurement to the Metric System of Measurement where such non-
conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
5. Grading and Leveling of Lots
Any lot proposed for development shall be graded and leveled at the owner's
expense to provide for adequate surface drainage which does not adversely
affect adjacent property.
6. Signs
A. No sign shall be located in any manner that may obstruct or jeopardize the
safety of the public.
B. Temporary signs not exceeding 1 square metre advertising the sale or
lease of the property or other information relating to a temporary condition
affecting the property are permitted.
C. In Urban Reserve Districts:
i) no more than two permanent signs are permitted per principal use
ii) the facial area of a sign may not exceed 3.5 square metres
iii) a sign may be double faced
iv) no sign shall exceed 6 metres in total height above the ground
v) signs advertising the principal use or the principal products offered for
sale on the premises are permitted
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Zoning Bylaw
D. In Residential Districts
i) one permanent sign is permitted per lot
ii) in the case of a home occupation, an additional permanent sign is
permitted in a window of the dwelling
iii) the facial area of a sign may not exceed 0.5 square metres
7. Accessory Buildings or Structures
A. Accessory buildings shall not be located in a required side yard.
B. Accessory buildings in a rear yard shall not be located less than 0.75
metres from the side lot line.
C. In a residential district a carport or garage, up to 60 square metres in area,
shall be permitted.
8. Home Occupations
A. Home occupations shall be located in single-detached, semi-detached,
duplex dwellings or mobile homes or in a building accessory to the
dwelling.
B. Home occupations shall be conducted entirely within the dwelling or
accessory building.
C. Other than the one permitted business sign, there shall be no exterior
display, no exterior storage of material, and no other variation from the
residential character of the building.
9. Outdoor Storage
A. In any residential district only outdoor storage incidental to the principal
use shall be permitted.
B. No outdoor storage shall be permitted in the required front yard of any lot,
but this shall not limit the customary display of any goods permitted to be
sold on the lot.
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Zoning Bylaw
10. Side Yard Exception
For semi-detached dwellings, townhouses, row houses or multiple unit
dwellings no side yard shall be required where dwelling units share a common
party wall.
11. General Development Standards Applicable to Discretionary Uses
A. Sites shall be landscaped to maintain the character and amenity of the
neighborhood.
B. Adequate on site parking shall be provided and maintained.
C. Parking, storage and other non-landscaped areas shall be suitably
screened from adjacent properties and streets.
D. Adequate receptacles for refuse and litter shall be supplied.
E. No sound, light, glare, heat, dust, or other emission shall be transmitted
beyond the lot lines.
F. Vehicle access and egress points shall be provided in suitable locations so
as to minimize traffic congestion and possible hazards.
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Zoning Bylaw
PART V - ZONING DISTRICTS AND ZONING MAPS
1. Zoning Districts
A. For the purpose of this Bylaw, the Resort Village of Sunset Cove is divided
into the following Zoning Districts which may be referred to by the
appropriate symbols
DISTRICTS
SYMBOLS
Residential District
R
Urban Reserve District
UR
B. The locations and boundaries of the zoning districts are shown on the
Zoning District Map.
2. Zoning Map
The map, bearing the statement "This is the Zoning District Map referred to in
Bylaw No. ", adopted by the Resort Village of Sunset Cove signed by the
Mayor and the 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.
3. R - Residential District
1. Intent
The purpose of this district is to provide for low density residential
development and related recreational and institutional use.
2. Permitted Uses
The following are permitted uses in the R - District
i) Single detached dwellings
ii) Parks, playgrounds and sports fields
iii) Public works
iii) Public recreation facilities
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Zoning Bylaw
3. Discretionary Uses
The following are discretionary uses in the R - District
i) Home occupations
ii) Day care centers, subject to Department of Social Services Regulations
ii) Medical Clinics
4. Regulations
Requirement
Single Detached
Other Uses
i) Lot area,
600 sq. m
450 sq. m*
minimum
ii) Lot frontage
20 m
15 m*
minimum for
rectangular lots
iii) Lot frontage
15 m with
11 m with
minimum for non-
a mean width
a mean width
rectangular lots
of 20 m
of 15 m*
iv) Front yard,
7.6 m; or in line
6 m*
minimum
with buildings on
adjacent lots
v) Rear yard,
no minimum
7.5 m*
minimum
vi) Side yard,
1.5 m
1.5 m*
minimum
vii) Minimum area of principal buildings
a) all of Block 1, Reg'd Plan No. 59R09545
93 sq m
b) all of Blocks 2 to 4, Reg'd Plan No. 59R09545
74 sq m
*No minimum requirement for parks, playgrounds, sports fields and public works
Off street parking shall be provided as follows:
Dwellings - 1 parking space per dwelling unit
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Zoning Bylaw
4. UR - Urban reserve District
1. Intent
The purpose of this district is to reserve unsubdivided and/or undeveloped
lands within the municipality for future urban development.
2. Permitted Uses
The following are permitted uses in the UR District.
i) Agricultural cropping
ii) Recreational uses including sports fields, campgrounds, parks, golf
courses
iii) Public works
3. Regulations
i) Minimum lot area
no minimum for public works
4. Rezoning of Land
Proposed rezoning of land from UR - Urban Reserve District to another land
use shall be considered only where the rezoning would be in conformity with
the Basic Planning Statement. The proposed development shall constitute
orderly and economic development with regard to adjacent land uses, and
future service requirements such as roads, schools and public works.
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Zoning Bylaw
PART VI - REPEAL AND EFFECTIVE DATE OF THE BYLAW
Bylaw No. 9/83, the Last Mountain Lake Planning District Zoning Controls, as
amended, is hereby repealed.
This Bylaw shall come into force on the date of final approval by the Minister of
Urban Affairs.
______________________________
MAYOR
S E A L
______________________________
ADMINISTRATOR/CLERK
A Certified True Copy of Bylaw
No. 22/87 adopted by resolution
Of council on the 14th Day of
June, 1987.
_________________________
Administrator