ZONING BYLAW FOR THE VILLAGE OF NEVILLE
PART I – INTRODUCTION
Under the authority granted by The Planning and Development Act, R.S.S. 1978, the Council of the Village of Neville, in the Province of Saskatchewan in open meeting hereby enact as follows:
1. TITLE This Bylaw shall be known and may be cited as the “Zoning Bylaw” of the Village of Neville
2. PURPOSE The purpose of this Bylaw is to control the use of land in the Village of Neville so as to provide for the amenity of the area within Council’s jurisdiction and for the health, safety and general welfare of the inhabitants of the Municipality.
3. SCOPE No development shall hereafter be permitted within the limits of the Village of Neville except in conformity with the provisions of this Bylaw and The Act.
4. SEVERBILITY 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.
PART II – DEFINITIONS
5. 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:
A. ACT - The Planning and Development Act, R.S.S. 1978.
B. ACCESSORY - A use or separate building customarily incidental, subordinate, exclusive to and located on the same lot as the principal use or building.
C. ALTERATION - Any structural change or addition made to a building.
D. BUILDING - A structure used for the shelter or accommodation of persons, animals, goods or chattels.
E. COUNCIL - The Council of the Village of Neville.
F. CONCEPT PLAN - A proposed subdivision as outlined by the Provincial Subdivision Regulations or site plan of sufficient accuracy to be used by Council for the purpose of discussion and classification of intended future land use.
G. DEVELOPMENT - The carrying out of any building, engineering, mining or other operation in, on, or over land or the making of any material change in the use of any building or land.
H. DISCRETIONARY USE - Uses of land, buildings or other structures that may be permitted in a district only at the discretion of and at the location or locations and under the
conditions specified by Council and which conform to the regulations applicable to the district in which the use is located.
I. DWELLING - A building or part of a building that may be used as a permanent residence excluding a mobile home, but including a pre-fabricated home.
J. DWELLING, DUPLEX – A building divided horizontally into two dwelling units.
K. DWELLING, MULTIPLE UNIT – A building containing three or more dwelling units.
L. DWELLING, SINGLE DETACHED – A building containing only one dwelling unit.
M. DWELLING UNIT – One or more rooms that may be used as a residence each unit having sleeping, cooking and toilet facilities.
N. DWELLING UNIT, SEMI-DETACHED – A dwelling unit in a building divided vertically into two dwelling units by a common wall extending from the base of the foundation to the roof line.
O. HOME OCCUPATION – An occupation, trade, profession or craft conducted for gain in a dwelling unit by the resident or residents.
P. 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 travellers, and where a guest register or record is kept.
Q. LOT – An area of land with fixed boundaries and which is of record in the Land Titles Office by Certificate of Title.
R. LOT LINE, FRONT – The line dividing the lot from the street; for a corner lot, the shorter line abutting a street.
S. LOT LINE, REAR – The lot line at the rear of the lot and opposite the front lot line.
T. LOT LINE, SIDE – A lot line other than a front or rear lot line.
U. MINISTER – The member of the Executive Council to whom for the time being is assigned the administration of The Planning and Development Act.
V. MOBILE HOME – A trailer coach that is 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 a water closet or other similar facility may be connected to a sewage system.
W. MOBILE HOME COURT – A lot under single management for the placement of two or more mobile homes.
X. MOTEL – A hotel for temporary use by automobile tourists or travellers.
Y. PERMITTED USE – The use of land, buildings or other structures that shall be permitted in a district where all requirements of the bylaw are met.
Z. PUBLIC UTILITY – Every corporation and every firm, person or association of persons, the business and operations whereof are subject to the legislative authority of the Province of Saskatchewan, that now or hereafter own, operate, manage or control any system, works, plant or equipment for the conveyance of messages by telegraph, telephone, television or otherwise, or for the conveyance of travellers or goods or for the production, transmission, delivery, furnishings, storage or collection of water, gas, sewage, heat or light, either directly or indirectly, to or for the public.
AA. PUBLIC UTILITY FACILITIES – Electrical and telecommunication lines, poles, equipment or structures; sewer or water pipes, valves, pumping necessary for conducting an essential public service by a government or public utility.
BB. ROOMING HOUSE – A building containing more than one rooming unit.
CC. 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.
DD. SECRETARY TREASURER – The Secretary Treasurer or Administrator of the Village of Neville. (Amended 15/10/14, 7-2014)
EE. SERVICE STATION – A building or part of a building used for the retail sale of lubrication oils and gasolines, automobile accessories, and servicing and minor repairing of motor vehicles, which may include a restaurant, a car wash or car sales lot as accessory uses.
FF. STREET – The whole and entire width of every highway, public road, or road allowance vested in Her Majesty in right of the Province of Saskatchewan and shown as such on a plan of subdivision registered in a Land Titles Office.
GG. STRUCTURE – Anything that is built, constructed or erected, located on the ground or attached to something located on, or in the ground.
HH. VILLAGE – The Village of Neville.
II. YARD – Open, uncovered space unoccupied by buildings or structures on a lot except as specifically permitted elsewhere in this Bylaw.
JJ. 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 building or structure.
KK. YARD, REAR – That part of a lot extending across the full width of the lot between the rear lot line and the nearest wall or supporting member of a principal building or structure.
LL. 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 supporting member is supporting an uncovered patio or uncovered sun deck.
PART III – ADMINISTRATION
6. DEVELOPMENT OFFICER – The Secretary Treasurer of the Village shall be the Development Officer responsible for the administration of this Bylaw.
7. DEVELOPMENT PERMIT –
A. Except where a particular development is specifically exempted by Section 10, no development of a permitted or discretionary use shall commence without a development permit first being obtained.
B. A Development Permit cannot be issued for a permitted or discretionary use in contravention of any provisions of this Bylaw.
8. DEVELOPMENT PERMIT PROCEDURE – (Amended 15/10/14, 7-2014)
A. An application for a development permit shall be made in writing to the Development Officer.
B. When an application for a Development Permit is made the Development Officer shall advise the Council as soon as practical.
C. As soon as possible after Council is advised that an application has been made for a Development Permit, 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.
D. Upon approval of a Development Permit by resolution of Council, the Development Officer shall issue a Development Permit at the location and under the conditions specified by Council in its approval.
9. REFERRAL TO DEPARTMENT OF HEALTH – a copy of all approved Development Permit Applications involving installation of water and sanitary services shall be supplied to the local office of the Department of Health by the Development Officer.
10. DEVELOPMENT NOT REQUIRING A PERMIT – A development Permit is not required for the following:
A. Maintenance, construction or installation of any public utility facility,
B. Fences, (Removed – Amended 10/05/17, 2-2017)
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,
E. Signs in residential districts which conform to Section 20.
11. ZONING APPEALS BOARD –
A. A zoning Appeals Board is hereby established.
B. The Zoning Appeals Board shall be appointed in accordance with Section 82 of The Act.
C. An appeal to the Zoning Appeals Board and therefrom to the Provincial Planning Appeals Board may be taken in accordance with Sections 82 and 82 of The Act.
12. FEE FOR ZONING AMENDMENT APPLICATION – When an application is made to the Council for an amendment to this Bylaw, such application shall be accompanied by an application fee of $50.00. (Motion 143/15 - $400.00 fee for advertising if Council agrees to consider application, plus all fees associated with amending this Bylaw.)
13. OFFENCES AND PENALTIES – Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties in The Act.
PART IV – GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
14. LICENCES, PERMITS & COMPLIANCE WITH OTHER BYLAWS & 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 Village or from obtaining any licence, permission, permit, authority or approval required by this or any other bylaw of the Village. Where provisions in this Bylaw conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail.
15. FRONT YARD REDUCTION – Notwithstanding the minimum depth of front yard required by this Bylaw where a lot is situated between two lots each of which contains a principal building which projects beyond the standard required front yard depth, the front yard required on the said lot may be reduced to an average of the two established front yards on the adjacent lots.
16. PERMITTED YARD ENCROACHMENTS – The following yard encroachments shall be permitted:
A. Uncovered balconies, porches, verandahs, decks may project 1.8 metres into any required front or rear yard.
B. Chimneys, window sills, eaves, gutters, bay windows 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.
17. 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. Total improvements may not cover more than 30% of square footage of property. The Development Officer shall advise the applicant that adherence to the Bylaw Regulations and Provincial Subdivision Regulations (where applicable), will be necessary if any future application for subdivision is made. (Amended 10/09/14, 6-2014)
18. NON-CONFORMING BUILDINGS AND USES –
A. Any lawful use of land, an existing building or structure or of any building lawfully under construction at the date of approval of this Bylaw, although such use, building or structure does not conform to the regulations of this Bylaw, may be continued in accordance with the provisions of Sections 75 to 80, inclusive of The Act.
B. No existing use, building or structure 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.
19. GRADING AND LEVELLING OF LOTS – Any lot proposed for development shall be graded and levelled at the owner’s expense to provide for adequate surface drainage which does not adversely affect adjacent property.
20. 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 meter square advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted.
C. In Commercial, Railway Districts and 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 meters square,
iii) a sign may be double faced,
iv) no sign shall exceed 6 metres in total height above the ground.
D. In Residential Districts:
i) one permanent sign is permitted per lot,
ii) in the case of a home occupation, and additional permanent sign is permitted in a window of the dwelling,
iii) the facial area of a sign may not exceed 0.5 meters square.
21. ACCESSORY BUILDINGS OR STRUCTURES –
A. Accessory buildings shall not be located less than 1.5 meters from a lane.
B. Accessory buildings shall not be located less than 7.5 meters from the front lot line.
C. Accessory buildings shall not be located less than .75 meters from the side lot line.
D. In a residential district, one carport, or garage, up to 60 square meters in area shall be permitted.
22. 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.
23. FENCES – (Amended 10/05/17, 2-2017)
A. Fences may be erected or placed along a lot line only in conformance with the following:
i) Fence heights are limited to 2.0 metres. The fence height is the distance from the ground level immediately adjacent to the fence to the highest point of the fence.
ii) The choice of design, construction and materials must be approved by Council at the time of the Development Permit approval, prior to construction.
B. Fences cannot be located on Village Property.
C. The use of electrified fencing material is not allowed within the Village limits.
D. The Village of Neville has no jurisdiction in disputes arising over fence construction, cost or maintenance as these matters fall within provincial jurisdiction and can be resolved through civil litigation.
E. Fences must be maintained in a safe and reasonable state of repair.
PART V – ZONING DISTRICTS AND ZONING MAPS
24. ZONING DISTRICTS –
A. For the purpose of this Bylaw, the Village of Neville, is divided into the following Zoning Districts which may be referred to by the appropriate symbols:
R – Residential R
C – Commercial C
RW – Railway RW
UR – Urban Reserve UR
B. The locations and boundaries of the zoning districts are shown on the Zoning District Map.
25. THE ZONING DISTRICT MAP - The map, bearing the statement “This is the Zoning District Map referred to in Bylaw No. 1982-1”, adopted by the Village of Neville signed by the Mayor and the Secretary Treasurer under the Seal of the Village, shall be known as the “Zoning District Map” and such map is hereby declared to be an integral part of this Bylaw.
26. R – RESIDENTIAL DISTRICT -
A. INTENT - The purpose of this district is to provide for a mix of different densities of residential development and related uses.
B. PERMITTED USES - The following are permitted uses in the R – Residential District:
i) single detached dwellings,
ii) parks and playgrounds,
iii) curling and skating rinks,
iv) swimming pools,
v) recreation centres,
vii) hospitals and clinics,
viii) senior citizens homes,
ix) public utility buildings and structures (excluding offices, warehouses and storage yards).
C. USES PERMITTED AT COUNCIL’S DISCRETION -
i) semi – detached and duplex dwellings,
ii) mobile homes,
iii) places of worship, religious institutions,
iv) home occupations,
v) licensed restaurants for the sale and consumption of food and alcohol. (Amended 09/11/99, 4-99)
D. REGULATIONS -
i) Minimum lot area 360 sq. metres with a lane
475 sq. metres without a lane
ii) Minimum lot frontage 12 metres with a lane
15 metres without a lane
iii) Minimum front yard 5 metres
iv) Minimum rear yard 6 metres
v) Minimum side yard 1.2 metres
27. C – COMMERCIAL DISTRICT -
A. INTENT – The purpose of this district is to regulate and encourage development of retail establishments in the downtown core.
B. PERMITTED USES – The following are permitted uses in the C – Commercial District:
ii) bakeries with retail sales,
iii) barbers, hairdressers, receiving stations for dry cleaning and laundry establishments, self-service laundries, shoe repair and similar types of personal service establishments,
iv) banks and financial institutions,
v) medical and dental offices and clinics,
vi) printing plants, newspaper offices,
viii) retail stores,
ix) service stations,
x) theatres, assembly halls, commercial recreational establishments,
xi) undertaking establishments,
xii) licences premises for the sale and consumption of alcoholic beverages,
xiv) lodges, fraternal organizations, social clubs,
xv) libraries, cultural institutions,
xvi) places of worship,
xvii) public utility buildings and structures,
xviii) lumber yards.
C. REGULATIONS –
i) Minimum lot area 232 sq. metres except
929 sq. metres for service stations
ii) Minimum lot frontage 7.5 metres, except
30 metres for service stations
iii) Minimum front yard nil, except
7.5 metres for service stations
iv) Minimum rear yard nil, except
6 metres without a lane
v) Minimum side yard nil
28. RW – RAILWAY DISTRICT -
A. INTENT – The purpose of this district is to provide for the operation of a railway and railway yards and for uses related to the railway.
B. PERMITTED USES – The following are permitted uses in the RW – Railway District:
i) railway and ancillary railway functions,
ii) grain elevators,
iii) seed cleaning plants subject to the regulations of the Department of the Environment,
iv) bulk fertilizer sales subject to the regulation of the Departments of Labour and the Environment,
v) public utility buildings and structures,
vi) bulk fuel depots subject to the Department of Labour regulations.
C. REGULATIONS –
I) Minimum lot area 1115 square metres
ii) Minimum lot frontage 30 metres
iii) Minimum front yard 6 metres
iv) Minimum rear yard 6 metres except nil abutting a railway
v) Minimum side yard 3 metres
29. UR – URBAN RESERVE DISTRICT -
A. INTENT - The purpose of this district is to reserve un-subdivided and/or undeveloped lands within the municipality for future urban development.
B. PERMITTED USES - The following are permitted uses in the Urban Reserve District:
i) agricultural uses,
ii) public utility buildings and structures.
C. DISCRETIONARY USES –
i) Recreational uses
ii) Places of worship and cemeteries
iii) Veterinary hospitals and clinics.
D. REGULATIONS -
i) Minimum lot area 16.188 hectares for agricultural uses
E. REZONING OF LAND - Proposed rezoning of land from UR – Urban Reserve District to another land use shall be considered only on the basis of an overall concept plan for the area. The proposed development shall constitute orderly and economic development with regard to adjacent land uses, and future service requirements such as roads, schools and utilities.
PART VI – EFFECTIVE DATE OF THE BYLAW
30. This Bylaw shall come into force on the date of final approval by the Minister of Urban Affairs.