The Resort Village of Candle Lake

3.1

DEVELOPMENT OFFICER

Under the authority granted by The Act, the Council of the Resort Village of Candle Lake in the Province of Saskatchewan, in open meeting, hereby enacts as follows:

3.2

APPLICATION OF REGULATIONS

1.

No person shall erect, construct, locate, alter, reconstruct, or maintain any building or structure, or locate or carry on any industry, business, trade, or calling, or use any land or building, within any zoning district, except as permitted by this bylaw, and subject to all the regulations contained in this bylaw.

2.

Nothing in this bylaw shall be interpreted so as to interfere with the use of land for construction, maintenance, and operation of any public utility, government operations, fire department, or municipal, provincial or federal police service; however, the development officer shall require that administrative buildings, and buildings accessory thereto constructed by the agencies noted in this section are generally compatible with properties in the vicinity in terms of height, setbacks, landscaping, and parking.

3.

Nothing in this bylaw shall prevent the cutting or removal of trees within the Resort Village by the Resort Village for the construction or public works or any public safety purposes.

4.

Metric units are to be used for all measurements of distance, height, and area referred to in the Zoning Bylaw. Any non-metric units of measure included in the bylaw, are for information purposes only and are not legally binding.

3.3

DEVELOPMENT PERMIT

1.

Except where a particular development is specifically exempted by section 3.7 of this Bylaw, no person shall undertake a development or commence a use without a development permit first being obtained.

2.

A development permit shall not be issued in contravention of any provisions of this bylaw.

3.4

DEVELOPMENT PERMIT APPLICATION PROCEDURE

1.

Except as specifically exempted by section 3.7 of this bylaw, an application for a development permit shall be made in writing to the development officer in the form prescribed by council and attached to this bylaw in Appendix A as Form A.

2.

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.

3.

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.

4.

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 any government agencies or interested groups that Council may consider appropriate and may have the application reviewed by relevant professionals at the expense of the applicant. The applicant must agree in writing to pay for any professional review prior to Council engaging professional services to be paid for by the applicant.

5.

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 section 5.19.

6.

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.

7.

Every decision shall be in writing and a copy shall be sent to the applicant.

8.

A development permit is valid for a period of twelve months from the date of issue. If the permitted development or use is not substantially completed within the twelve months, a new development permit shall be required.

9.

Where, in the opinion of the Development Officer, a development is being carried out in contravention of any condition of:
(a) a development permit;
(b) any provision of this bylaw; or
(c) is subject to an agreement that has been cancelled by Council pursuant to the Act,
the Development Officer shall suspend development permit and notify the permit holder in writing that the permit is no longer in force.

10.

Where the Development Officer 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 Development Officer may reinstate the development permit and notify the permit holder in writing that the permit is valid and in force.

3.5

PLANS AND INFORMATION REQUESTED FOR A DEVELOPMENT PERMIT APPLICATION

1.

Every application for a development permit should be accompanied by the following information:

(a)

The names, addresses and telephone numbers of the applicant, property owner, and the person or consultant who prepared the plans being submitted;

(b)

The complete legal description and civic address of the subject property;

(c)

The proposed use of the site or building to be constructed, or the proposed use of the existing building floor area to be altered or occupied, including the area of the proposed building or renovations;

(d)

Two copies of a site plan, drawn to scale with appropriate dimensions, showing the following information:
i) key plan showing north arrow, streets and lanes adjacent to the site, the nearby lotting patterns, all property boundaries, identified frontage of site, site area, site elevations, and the location of any existing buildings, structures, utility poles and wires, underground utilities, easements, building encroachments, public reserve, environmental reserve, ice push ridges, water bodies, water courses, and the type and location of existing trees;
ii) the location and size of proposed buildings or structures, including all front, side, and rear yard setback dimensions, and the location of all doorways, walkways, and pedestrian circulation areas;

(e)

Two copies of scaled plans showing the dimensioned floor plans and elevations, including both interior and exterior wall and floor dimensions, and room areas and dimensions;

(f)

Except for one and two unit dwellings:
i) two copies of a scaled landscaping plan showing all physical features, including existing and proposed grades, the size and type of existing vegetation, the existing vegetation to be removed and retained, the size, type, and location of plant material to be planted, the location of hard landscaping such as fences, retaining walls, walkways and curbs, and the details of any proposed irrigation system, including the location of outside spigots;
ii) the location and size of all parking spaces, aisles, vehicle circulation areas, loading spaces, entrances and exits to the site, and garbage receptacles;

(g)

If requested by the Development Officer or, in the case of a discretionary use application, by Council other studies prepared by qualified professionals including, but not limited to:,
i) an Environmental Site Assessment in general conformance with CSA Standard 768-94;
ii) ecological study; or
iii) traffic study.

3.6

REFERRAL TO DEPARTMENT OF HEALTH

1.

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 Saskatchewan Department of Health.

3.7

DEVELOPMENT NOT REQUIRING PERMIT

1.

A development permit is not required for the following; however, these developments must conform to the Zoning Bylaw:

(a)

maintenance, construction or installation of any public work;

(b)

fences and gates;

(c)

single story accessory buildings or structures less than 9.5 m2 in area and intended for storage purposes only;

(d)

maintenance or repair of any building or structure not including structural alterations;

(e)

the development of a temporary building, the sole purpose of which is incidental to the erection, alteration, or marketing of a building for which a development permit has been issued and is still valid;

(f)

the erection of satellite dish antennae, solar collectors, and wind chargers where their installation does not involve structural alterations to a building;

(g)

the grading or preparation of land in accordance with an approved plan of proposed subdivision, and where it has been required, a servicing agreement has been signed; and

(h)

signs in residential districts that conform to section 5.11 of this Zoning Bylaw.

3.8

DEVELOPMENT APPEALS BOARD

1.

A Development Appeals Board for the Resort Village of Candle Lake is hereby established.

2.

The Development Appeals Board shall be appointed by Council and shall consist of three members.

3.

No member of Council or Resort Village employee is eligible for membership on the Development Appeals Board.

4.

Where the Development Officer is alleged to have misapplied the Zoning Bylaw by:

(a)

refusing to issue a permit for a permitted use;

(b)

issuing a permit for a use that is not permitted or is discretionary, where Council has not approved the discretionary use application; or

(c)

refusing to issue a development permit because it would contravene the Zoning Bylaw,
an affected party shall be advised that they may appeal the decision to the Development Appeals Board.

5.

Where Council has approved an application for a discretionary use, with prescribed development standards pursuant to this bylaw, the applicant shall be advised that any development standard considered to be excessive may be appealed to the Development Appeals Board.

6.

The Development Officer shall make available to all interested persons, copies of the provision of the Act respecting decisions of the Development Officer and the right of appeal.

7.

A non-refundable fee of $50 must accompany all appeals to the Development Appeals Board

8.

An appeal to the Development Appeals Board and there from to the Planning Appeals Committee of the Saskatchewan Municipal Board may be taken in accordance with section 96 of the Act. Application shall only be made to the Planning Appeals Committee after a ruling has been received from the Resort Village Development Appeals Board.

3.9

FEE FOR ZONING AMENDMENT APPLICATION

1.

A non-refundable $50 fee must accompany all applications to amend the Zoning Bylaw.

2.

The applicant shall be responsible for all expenses related to required public hearing notifications and advertising, unless otherwise agreed upon in writing by the applicant and the Resort Village.

3.10

DISCRETIONARY USE APPLICATIONS

1.

Fees and costs

(a)

A non-refundable fee of $50 must accompany all discretionary use applications; and

(b)

The applicant shall be responsible for all expenses related to required public hearing notifications and advertising.

2.

Process

(a)

An applicant must file the prescribed discretionary use application form with the Development Officer, showing:
i) a site plan; and
ii) any other plans or information required by the Development Officer.

(b)

The Development Officer shall notify Council of the application and set a date for Council to consider the application.

(c)

All assessed owners of property within a minimum of 75 m (246 ft) of the subject site shall be notified of the application by mail and notification posters shall be placed on the subject site. Notice shall be given at least three weeks prior to any meeting at which Council will be considering a Discretionary Use application. Council shall receive input from any interested parties at the public meeting at which the application is being considered.

(d)

The Development Officer shall submit the application, including all information submitted by the applicant, to Council as soon as reasonably possible.

(e)

Council may reject the application or approve with or without conditions, including a condition limiting the length of time the use may be conducted on the site.

(f)

If an application for discretionary use is approved with terms and conditions the applicant may appeal the terms and conditions of the approval to the Development Appeals Board within 30 days of the date of that decision.

(g)

A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 103 of the Act.

3.11

ENFORCEMENT

1.

Council may appoint a zoning bylaw inspector to review all property for Zoning Bylaw compliance. This authorized representative shall be allowed access to all properties for the purposes of ensuring compliance with the Zoning Bylaw. Any infractions shall be identified in writing to Council, with a copy of the notice being delivered to the owner of the property, either in person or by registered mail.

3.12

OFFENCES AND PENALTIES

1.

Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in section 221 of the Act.