Zoning Bylaw 22/2013 — full text

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ZONING BYLAW 22/2013 The Resort Village of Glen Harbour ZONING BYLAW 22/2013 The Resort Village of Glen Harbour Zoning Bylaw 22/2013 - 1 - TABLE OF CONTENTS 1 INTRODUCTION ........................................................................................................................................................................ 4 1.1 AUTHORITY ................................................................................................................................................................. 4 1.2 TITLE ........................................................................................................................................................................... 4 1.3 PURPOSE .................................................................................................................................................................... 4 1.4 SCOPE ......................................................................................................................................................................... 4 1.5 SEVERABILITY.............................................................................................................................................................. 4 3 ADMINISTRATION AND INTERPRETATION ............................................................................................................................. 19 3.1 DEVELOPMENT OFFICER .......................................................................................................................................... 19 3.2 COUNCIL ................................................................................................................................................................... 19 3.3 APPLICATION FOR A DEVELOPMENT PERMIT .......................................................................................................... 19 3.4 DEVELOPMENT not REQUIRING A PERMIT............................................................................................................... 20 3.5 DEVELOPMENT PERMIT PROCEDURE ....................................................................................................................... 21 3.6 DEVELOPMENT PERMIT: VALIDITY ........................................................................................................................... 22 3.7 DEVELOPMENT PERMIT APPLICATION FEES ............................................................................................................. 22 3.8 DISCRETIONARY USE APPLICATION AND FEES ......................................................................................................... 22 3.9 FEE FOR ZONING AMENDMENT APPLICATION ......................................................................................................... 23 3.10 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND BUSINESS LICENSES .............. 23 3.11 REFERRAL UNDER THE PUBLIC HEALTH ACT ............................................................................................................ 23 3.12 DEVELOPMENT APPEALS BOARD ............................................................................................................................. 23 3.13 MINOR VARIANCES................................................................................................................................................... 24 3.14 NON-CONFORMING BUILDINGS USES AND SITES .................................................................................................... 25 3.15 DEVELOPMENT PERMIT - INVALID .......................................................................................................................... 25 3.16 CANCELLATION ......................................................................................................................................................... 26 3.17 STOP-WORK .............................................................................................................................................................. 26 3.18 INTERPRETATION...................................................................................................................................................... 26 3.19 OFFENCES AND PENALTIES ....................................................................................................................................... 26 3.20 INSPECTION OF PREMISES ........................................................................................................................................ 26 3.21 BYLAW COMPLIANCE ............................................................................................................................................... 26 3.22 MOVING OF BUILDINGS ........................................................................................................................................... 27 3.23 DEMOLITION OF BUILDINGS .................................................................................................................................... 27 3.24 TEMPORARY DEVELOPMENT PERMITS .................................................................................................................... 27 3.25 DEVELOPMENT AGREEMENTS.................................................................................................................................. 27 3.26 SERVICING AGREEMENTS ......................................................................................................................................... 27 3.27 PERFORMANCE BONDS ............................................................................................................................................ 28 3.28 LIABILITY INSURANCE ............................................................................................................................................... 28 3.29 INTERESTS................................................................................................................................................................. 28 4 GENERAL REGULATIONS ........................................................................................................................................................ 29 4.1 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ................................................. 29 4.2 PRINCIPAL USE ESTABLISHED ................................................................................................................................... 29 4.3 MULTIPLE USES ........................................................................................................................................................ 29 4.4 NUMBER OF PRINCIPAL BUILDINGS ON A SITE ........................................................................................................ 29 4.5 MODULAR HOMES ................................................................................................................................................... 30 4.6 FRONT YARD REDUCTION ......................................................................................................................................... 30 4.7 FRONTAGE FOR IRREGULAR SITES............................................................................................................................ 30 The Resort Village of Glen Harbour Zoning Bylaw 22/2013 - 2 - 4.8 PERMITTED YARD ENCROACHMENTS ...................................................................................................................... 30 4.9 RESTORATION TO A SAFE CONDITION ..................................................................................................................... 31 4.10 GRADING AND LEVELING OF SITES ........................................................................................................................... 31 4.11 RESTRICTIONS ON CHANGES .................................................................................................................................... 31 4.12 USES PERMITTED IN ALL ZONING DISTRICTS ............................................................................................................ 31 4.13 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ............................................................................................ 32 4.14 HERITAGE PROPERTIES ............................................................................................................................................. 32 4.15 LANDSCAPE BUFFERS ............................................................................................................................................... 32 4.16 HEIGHT OF BUILDINGS ............................................................................................................................................. 32 4.17 PROHIBITED AND NOXIOUS USES ............................................................................................................................ 33 4.18 CLOSINGS ................................................................................................................................................................. 33 4.19 SATELLITE DISHES ..................................................................................................................................................... 33 4.20 COMMUNICATION TOWERS..................................................................................................................................... 34 4.21 PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES ...................................................................... 34 4.22 SWIMMING POOLS ................................................................................................................................................... 34 4.23 DISPOSAL OF WASTES .............................................................................................................................................. 34 4.24 DEVELOPMENT STANDARDS FOR DISCRETIONARY USES ......................................................................................... 35 4.25 HOME OCCUPATIONS ............................................................................................................................................... 35 4.26 ACCESSORY DWELLING UNITS .................................................................................................................................. 36 4.27 SOLID AND LIQUID WASTE DISPOSAL FACILITIES ..................................................................................................... 36 4.28 BED AND BREAKFAST HOMES .................................................................................................................................. 36 5 ZONING DISTRICTS AND ZONING MAPS ................................................................................................................................ 38 5.1 ZONING DISTRICTS ................................................................................................................................................... 38 5.2 THE ZONING DISTRICT MAP ..................................................................................................................................... 38 5.3 BOUNDARIES OF ZONING DISTRICTS ........................................................................................................................ 38 5.4 HOLDING DESIGNATION ........................................................................................................................................... 38 5.5 FUTURE URBAN DEVELOPMENT DISTRICT ............................................................................................................... 39 5.5.1 Permitted Uses ................................................................................................................................................ 39 5.5.2 Discretionary Uses .......................................................................................................................................... 39 5.5.3 Site Development Regulations ....................................................................................................................... 39 5.5.6 Supplementary Regulations ........................................................................................................................... 40 5.6 RESIDENTIAL DISTRICT .............................................................................................................................................. 41 5.6.1 Permitted Uses ................................................................................................................................................ 41 5.6.2 Discretionary Uses .......................................................................................................................................... 41 5.6.5 Site Development Regulations ....................................................................................................................... 41 5.7 COMMUNITY SERVICE DISTRICT ............................................................................................................................... 44 5.7.1 Permitted Uses ................................................................................................................................................ 44 5.7.2 Discretionary Uses .......................................................................................................................................... 44 5.7.3 Site Development Regulations ....................................................................................................................... 44 6.0 NATURAL HAZARD LANDS OVERLAY ........................................................................................................................ 46 6.1 Unstable Slopes Site Development Regulations ............................................................................................................... 46 7.0 PLANNED UNIT DEVELOPMENTCONTRACT ZONING DISTRICT EXAMPLE - PUD-C .................................................. 48 7.1 SITE PLAN ........................................................................................................................................................... 48 8.0 REPEAL AND ADOPTION ........................................................................................................................................................ 49 APPENDIX "A" .............................................................................................................................................................................. 50 Development Permit Application Requirements .......................................................................................................................... 50 Application for a Development Permit ......................................................................................................................................... 52 The Resort Village of Glen Harbour Zoning Bylaw 22/2013 - 3 - APPENDIX "B" .............................................................................................................................................................................. 54 Notice of Decision for a Development Permit or Zoning Bylaw Amendment .............................................................................. 54 - 4 - 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 Glen Harbour 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 Glen Harbour. 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 Glen Harbour in accordance with the Resort Village of Glen Harbour Official Community Plan Bylaw 22/2013. 1.3.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Resort Village of Glen Harbour (hereinafter referred to as Glen Harbour) and for the health, safety, and general welfare of the inhabitants of Glen Harbour 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 Glen Harbour. All development within the limits of the Resort Village of Glen Harbour 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. - 5 - 2 DEFINITIONS Whenever the subsequent words or terms are used in the Resort Village of Glen Harbour Official Community Plan, Bylaw No.21/2013 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; d) And Is located on the same site as the principal building or use. Accessory Building, Large: An accessory structure exceeding a height of 4.5 metres (14.77 feet) or having a floor area of greater than 93.0 m2 (1001.08 ft2). 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-or-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 Glen Harbour. 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. 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. 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, 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. 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. 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) - 6 - Building Bylaw: A Bylaw of the Resort Village of Glen Harbour to regulate the erection, alteration, repair, occupancy, or maintenance of buildings and structures. Building Height: the vertical distance of a building measured from the grade level to the highest point of the roof. Building Height Measurement Building Permit: A permit, issued under The Building Bylaw of the Resort Village of Glen Harbour, 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. Bylaw: The Resort Village of Glen Harbour 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. 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. Club: A group of people organized for a common purpose, to pursue common goals, interest or activities, and usually characterized by certain membership qualifications, - 7 - 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. 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. 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 Glen Harbour. 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. 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: 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. Development Permit: A document issued by the Council of the Resort Village of Glen Harbour that authorizes development pursuant to this Bylaw, but does not include a building permit. 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. Dwelling, Duplex: A building that is divided into two dwelling units with separate entrances and separated by a common party wall. 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 three or more dwelling units and shall include condominiums, Resort Villagehouses, row houses, and apartments as distinct from a rooming house, hotel, or motel. - 8 - 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, and shall not include a mobile home as herein defined. Dwelling, Resort Village House: 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. 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. Semi-Detached Dwelling Si l D t h d D lli Resort Village House Dwelling - 9 - 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. 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. 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 Glen Harbour 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 on 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 (Granny) Suite: A second, small, dwelling on the site of a primary, single-family dwelling that accommodates one or two elderly 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 Suite: See Secondary Suite 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 Commercial: Commercial activities normally located along highways, major roadways and in other locations considered strategic by the type of business - 10 - involved serving the needs of local residents and the traveling public. 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 Exclusionary Uses: refers to certain industrial activities that may be characterized as exhibiting a high potential for adversely affecting the safety, use, amenity or enjoyment of adjacent and nearby industrial and non- industrial sites due to their scale, appearance, noise, odour, emissions and hazard potential. Such activities are considered exclusionary when the only means of mitigating the associated negative effects on surrounding land uses is through spatial separation. Exclusionary uses would include but not be limited to the following: Landfill, Ethanol Plant, Transformer Stations, Uranium Refineries, Anhydrous Ammonia Storage and Distribution Centres. 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 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 Map: A comprehensive document compiled by a local government that identifies future development or preservation of land. In its projections, the map specifies certain areas for residential growth and other of agriculture, industry, commercial or conservation. 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. 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. Mayor: The Mayor of the Resort Village of Glen Harbour. Minister: The member of the Executive Council to whom for the time being is assigned the administration of The Planning and Development Act, 2007. Mobile Home: A trailer coach that 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; and that conforms to the Canadian Standards Association Standard # Z240. - 11 - 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) Standard A277. 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. Municipality: The Resort Village of Glen Harbour 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. Museum: An institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection or artifacts of historical interest. 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, smoke, dust (particles suspended in or transported by air), vibrations, electrical or electromagnetic fields, glare, or light. Office or Office Building: A building or part of a building used primarily for conducting the affairs of a business, profession, service, industry or government in which no goods or commodities of business or trade are stored, trans-shipped, sold or processed. Official Community Plan (OCP): The Resort Village of Glen Harbour Official Community Plan Bylaw No. 21/2013. Off Season Storage: The storage, holding or placement of goods, material or vehicles that are not being used during certain seasons of the year, such as the storage of ice fishing shacks or snowmobiles in the spring, summer or fall or the storage of boats or travel trailers or campers in the winter. 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. 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. Park Model Trailer/Unit: A 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. Double-Wide Mobile Home Modular (Manufactured) Home - 12 - 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 5.5 metres (18.04 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. Places 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. 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 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 Glen Harbour: - Communication by way of telephone lines, optical cable, microwave, and cable; - Television services; - Delivery of water, natural gas, and electricity; - Public transportation by bus, rail, or other vehicle production, transmission; - Collection and disposal of sewage, garbage, and other wastes; and - 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 ft²). 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: A vehicle, such as a camper or motor home, used for traveling and recreational activities. 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. Recycling Collection Facility (Commercial): A building or structure intended to accommodate the collection, sorting, processing and temporary storage of recyclable materials Park Model Trailer 102 Park Model Recreational Unit - 13 - s that would otherwise be considered waste. These types of uses include outdoor processing or storage. Redevelopment (see infill development) Residential Use: The use of land, buildings, or structures for human habitation. Resort Village: The Resort Village of Glen Harbour Resort Village Administrator: The Administrator of the Resort Village of Glen Harbour. 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 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. RTM (Ready to Move) Home: A residential dwelling that is constructed off- site in a yard or factory to 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. Secondary Suite: a self-contained dwelling unit which is an accessory use to, and located within, attached or a detached building in which the principal use is a one unit dwelling. Setback: The distance required to obtain the front yard, rear yard or side yard provisions of this Bylaw. Should, Shall or May; - Shall is an operative word which means the action is obligatory. - Should is an operative word which means that in order to achieve plan objectives, it is strongly advised that the action be taken. - 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. RTM (Ready to Move) Home - 14 - Location and measurement of setbacks - 15 - Site: An area of land, consisting of one or more lots consolidated under a single certificate of title, 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 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. Site, Through: A site other than a corner site, having separate frontages on two streets. The front site line of a through site shall be determined by predetermined building lines. This is only allowed in Commercial and Industrial Zones. 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. Special Needs Housing: Multiple unit dwellings or dwelling groups operated by a non-profit corporation or public authority and used exclusively for the domestic habitation of senior citizens, disabled persons, occupants of subsidized housing, or the cohabitant spouse and children of persons noted above. 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 between finished floor and finished ceiling of between 2.0 metres (6.57 feet) and 2.5 metres (8.21 feet) 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 the Information Services Corporation (ISC). Structure: Anything that is built, constructed or erected that is located on the ground or attached to something located on, or in the ground. Structural Alteration: The construction or reconstruction of supporting elements of a building or other structure. 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. - 16 - 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. (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. Trailer (Camping), Motor Home: Any vehicle designed, constructed or reconstructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, notwithstanding that its running gear is removed or jacked up, is used or 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. 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 10.0 m² (107.65 ft²). 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, institutional and industrial sources which are disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. 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) (See Location and measurement of setbacks drawing). 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 (See Location and measurement of setbacks drawing). Motor Home - Camping Trailer - 17 - Metric to Imperial Conversions Distance (metres - feet) 0.6 metres 2 ft 17.0 metres 55 ft 2.0 metres 7 ft 19.8 metres 65 ft 2.5 metres 8 ft 30 metres 98 ft 3.0 metres 10 ft 46 metres 150 ft 4.2 metres 14 ft 50 metres 164 ft 4.5 metres 15 ft 75 metres 246 ft 5.0 metres 16 ft 80 metres 262 ft 5.5 metres 18 ft 90 metres 295 ft 6.0 metres 20 ft 100 metres 328 ft 6.5 metres 21 ft 150 metres 492 ft 7.5 metres 25 ft 200 metres 656 ft 10 metres 33 ft 230 metres 755 ft 11 metres 36 ft 305 metres 1000 ft 12 metres 39 ft 467 metres 1532 ft 15 metres 49 ft 15.3 metres 50 ft Area (m2 to ft2) 1.0 m2 10.7 ft2 100 m2 1076 ft2 0.5m² 5.4 ft2 150 m² 1615 ft² 5.0 m2 53.8 ft2 230 m² 2475 ft² 9.3 m2 100 ft2 450 m² 4844 ft² - 18 - *Conversions are rounded to the nearest decimal point 37.2 m² 400 ft² 465 m² 5,005 ft² 45 m² 485 ft² 540m² 5812 ft² 50 m² 538 ft² 560 m² 6,000 ft² 56 m² 600 ft² 900 m² 9687 ft² 60 m² 646 ft² 930 m² 10,000 ft² 78 m² 839 ft² 6070 m² 1.5 acres 83.6 m² 900 ft² 0.8 hectare 2 acres 92.96m² 1,000 ft² 1 hectare 2.5 acres 2 hectares 5 acres - 19 - 3 ADMINISTRATION AND INTERPRETATION 3.1 DEVELOPMENT OFFICER 3.1.1 The Resort Village Administrator or official appointed by bylaw of the Resort Village of Glen Harbour shall be 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 Glen Harbour 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: - 20 - 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 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) The first 2 (two) storage buildings and structures under 9.5m² (102.27 ft2) in area, which are accessory to a principal, residential use except where such dwelling is a discretionary use. b) The erection of any fence under 1.8 metres (5.91 feet), wall, gate, television antennae, or radio antennae. c) Relocation of any residential or accessory building provided development standards are still met on the site. 3.4.2 Accessory Uses All accessory uses, unless otherwise specified in this Bylaw. 3.4.3 Official Uses Uses and buildings undertaken, erected or operated by the Resort Village of Glen Harbour. 3.4.4 Internal Alterations a) Residential Buildings b) 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; c) All Other Buildings d) 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. 3.4.5 Landscaping - 21 - Landscaped areas, driveways and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted. 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 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. - 22 - 3.6 DEVELOPMENT PERMIT: VALIDITY 3.6.1 A Development Permit is valid for a period of twelve months unless otherwise stipulated when the permit is issued. 3.6.2 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. 3.6.3 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. 3.7 DEVELOPMENT PERMIT APPLICATION FEES 3.7.1 An applicant seeking the approval of a development permit application shall pay the current fee under Bylaw 23/2013 which may be amended pursuant to Section 51of the Planning and Development Act, 2007 and will be available at the Resort Village of Glen Harbour office. 3.7.1 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. 3.8 DISCRETIONARY USE APPLICATION AND FEES 3.8.1 An applicant seeking a discretionary use approval shall pay the current fee under Bylaw No. 23/2013 which may be amended pursuant to Section 51of the Planning and Development Act, 2007 and will be available at the Resort Village of Glen Harbour office. 3.8.1 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. 3.8.2 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. - 23 - 3.9 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 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. 3.10 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. 3.11 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. 3.12 DEVELOPMENT APPEALS BOARD 3.12.1 Council shall appoint a Development Appeals Board consisting of five members, to hear and determine appeals in accordance with Section 213 to 227 inclusive, of The Planning and Development Act 2007. 3.12.2 RIGHT OF APPEAL 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. - 24 - 3.13 MINOR VARIANCES 3.13.1 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. 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. 2.13.2 An application form for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by the current fee under Bylaw No. 23/ 2013 which may be amended pursuant to Section 51of the Planning and Development Act, 2007 and will be available at the Resort Village of Glen Harbour office. 3.13.3 Upon receipt of a minor variance application the Development Officer may: a) Approve the minor variance; b) Approve the minor variance and impose terms and conditions on the approval; or c) Deny the minor variance. 3.13.4 Terms and conditions imposed by the Development Officer shall be consistent with the general development standards in this Bylaw. 3.13.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing, providing reasons for the refusal. 3.13.6 Where a minor variance is approved, with or without terms, the Development Officer shall provide written notice to the applicant and to the assessed owners of the property having a common boundary with the applicant's land that is the subject of the approval. 3.13.7 The written notice shall contain: - A summary of the application; - Reasons for and an effective date of the decision; - Notice that an adjoining assessed owner has 20 days to lodge a written objection with the Development Officer, which, if received, will result in the approval of the minor variance being revoked; and - Where there is an objection and the approval is revoked, the applicant shall be notified of the right to appeal to the Development Appeals Board. - 25 - 3.13.8 A decision to approve a minor variance, with or without terms and conditions, does not take effect until 23 days from the date the notice was provided. 3.13.9 If an assessed owner of a property having an adjoining property with the applicants land objects to the minor variance in writing to the Development Officer within the prescribed 20 day time period, the approval is deemed to be revoked and the Development officer shall notify the applicant in writing: - Of the revocation of the approval; and - Of the applicant's right to appeal the revocation to the Development Appeals Board within 30 days of receiving the notice. - If an application for a minor variance is refused or approved with terms or conditions, the applicant may appeal to the Development Appeals Board within 30 days of the date of that decision. 3.14 NON-CONFORMING BUILDINGS USES AND SITES 3.14.1 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. 3.14.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure shall be undertaken, except in conformance with these provisions. 3.14.3 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. 3.14.4 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. 3.14.5 No Recreational Vehicles shall be used as a residence on a residential lot. 3.14.6 Any existing use referred in Section 3.14.5 will be considered a non-conforming use. 3.15 DEVELOPMENT PERMIT - INVALID A development permit shall be automatically invalid and development shall cease, as the case may be: - If the proposed development is not commenced within the period for which the Permit is valid; - If the proposed development is legally suspended, or discontinued, for a period of six or more months, unless otherwise indicated by Council or the Development Officer, or - When development is undertaken in contravention of this bylaw, the development permit and specified development standards, and/or - When a written appeal notice is received by the Development Appeals Board secretary regarding the development permit. - 26 - 3.16 CANCELLATION Council or the Development Officer may cancel a Development Permit, and when cancelled, development shall cease: - Where the Development Officer or Council is satisfied that a development permit was issued based on false or mistaken information, - Where new information is identified pertaining to environmental protection, flood potential, or slope instability, and/or - When a developer requests a development permit modification. 3.17 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. 3.18 INTERPRETATION - Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. - All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines only. 3.19 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. 3.20 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. 3.21 BYLAW COMPLIANCE - 27 - 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. 3.22 MOVING OF BUILDINGS No building shall be moved within or into or out of 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. 3.23 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. 3.24 TEMPORARY DEVELOPMENT PERMITS 3.24.1 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 temporary gravel operations or asphalt plants. Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for a construction camp, work camp, 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. 3.25 DEVELOPMENT AGREEMENTS 3.25.1 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. 3.25.2 A development agreement is mandatory for approval of an accessory dwelling. 3.26 SERVICING AGREEMENTS - 28 - 3.26.1 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. 3.26.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007, the agreement may provide for: - 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; - 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. - The payment of levies and charges as outlined above, shall be in the amount prescribed by the current Fee Bylaw No.23/ 2013 which may be amended pursuant to the Planning and Development Act, 2007 and will be available at the Resort Village of Glen Harbour office. 3.27 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. 3.28 LIABILITY INSURANCE Council may require developers to provide and maintain liability insurance to protect the municipality, developer and public. 3.29 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. - 29 - 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 Glen Harbour 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 Glen Harbour 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 principal building shall be permitted on any one site except for the following: parks, schools, hospitals, recreation facilities, special care homes, senior citizen 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. - 30 - 4.5 MODULAR HOMES a) All modular homes shall be place on a permanent foundation at a standard comparable to a single detached dwelling. i. All modular homes shall be placed on a permanent, concrete foundation; ii. All modular homes shall be multi-modular, with the width approximately equivalent to the length a minimum width of 6.10 metres (20 feet) and a minimum total area of 75.07 square metres (808 square feet); Amended by Bylaw No. 36/2014 (September 13, 2014) iii. All modular homes shall have architectural features similar or complementary to adjacent and nearby homes; b) Modular homes shall be permanently connected to water and sewer services and permanently connected as available to other public utilities. c) All other requirements of this Bylaw apply. 4.6 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. 4.7 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. 4.8 PERMITTED YARD ENCROACHMENTS 4.8.1 Where minimum front, side or rear yards are required in any zoning district, the following yard encroachments shall be permitted. - Uncovered and open balconies, terraces, verandas, decks, and patios having a maximum projection from the main wall of 1.83 metres (6 feet) into any required front or rear yard. - 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. - 31 - 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 at the owner's expense to provide for adequate surface drainage that does not adversely affect adjacent property, or the stability of the land. a) 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. b) 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. c) 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. d) 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 (i) 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. - 32 - 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. 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 HEIGHT OF BUILDINGS 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. - 33 - 4.17 PROHIBITED AND NOXIOUS USES 4.17.1 The keeping of livestock shall not be allowed except for permitted agricultural uses in the FUD - Future Urban Development District. 4.17.2 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. 4.17.3 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: - By the creation of noise or vibration, - By the emission of light and glare; - By reason of the emission of gas, fumes, smoke, dust or objectionable odour, or - 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, - By any combination of things in this subsection. 4.18 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 boundary between two or more different zoning Districts, the new district boundaries shall be the former centre line of the closed street or lane. 4.19 SATELLITE DISHES 4.22.1 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 principal building that is located within a residential district that is less than three (3) stories in height. 4.22.2 Satellite dishes located in residential districts, which exceed 1.0 metre (3.29 feet) in diameter, shall only be erected on the roof of an accessory building if said accessory building is located entirely within a rear yard; and 4.22.3 Satellite dishes may be erected in Commercial or Industrial Districts for communication purposes or re- broadcasting of television signals and subsection 4.22.1 shall not apply. - 34 - 4.20 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. 4.21 PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by a substantial roof structure shall be considered as part of the main building and shall be subject to the regulations for the main building. 4.22 SWIMMING POOLS 4.22.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory use to permitted uses in the residential districts or a motel (motor hotel) in a highway commercial district in the side yard or rear yard of any lot if: - No part of such pool is located closer to any lot or street line than the minimum distance required for the principal building located on such lot, and - The maximum height of such pool is 1.22 metres (4 feet) above the average finished grade level of the ground adjoining the pool and to within 4.58 metres (15 feet) of such pool, and - Every swimming pool shall be enclosed by a non-climbable fence of at least 1.83 metres (6 feet) in height, with a lockable gate, equal in height to the fence and not more than 10.16 cm (4 inches) from the ground, and located at a distance of not less than 1.53 metres (5 feet) from the pool. - Any deck attached to or abutting a swimming pool shall be considered as part of the swimming pool. - Any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, complies with the provisions in the applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory buildings. 4.23 DISPOSAL OF WASTES 4.23.1 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. - 35 - 4.23.2 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. 4.24 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. 4.25 HOME OCCUPATIONS Home Occupations (Home Based Businesses) are subject to the following conditions: - 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. - Two (2) home occupations shall be allowed per dwelling unit. Home occupations shall be conducted entirely within the dwelling or accessory building. - One advertising display sign shall be allowed on the site or premise from which the home occupation is conducted. No neon or LED signs shall be permitted. - The storage of any merchandise or material relating to the home occupation be stored and displayed provided the storage and display of such goods 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. - 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. - One person other than a resident of the dwelling unit may be engaged in any home occupation as an employee or a volunteer. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards related to: - Site drainage of storm water - The location of buildings with respect to buildings on adjacent properties - Access to, number and location of parking and loading facilities - Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent roadways - Control of noise, glare, dust and odour - Landscaping, screening and fencing to buffer adjacent properties. - 36 - - Parking: The home occupation shall not cause or add to on-street parking congestion or cause an increase in traffic through residential zones. i. No more than one business vehicle, for which off-street parking is provided, shall be operated in connection with the home occupation. ii. Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the vicinity of the dwelling unit. 4.26 ACCESSORY DWELLING UNITS - An accessory dwelling unit may be constructed within the site of a principal single detached dwelling in a residential zone at Council's discretion with conditions to assure that conflict with neighbouring uses is avoided. Only one accessory dwelling unit is permitted on each residential site and it may not interfere with the site line of either of the adjoining properties. - The accessory dwelling unit shall not exceed 40 metres² (430 ft²) of floor area for the exclusive use of non-paying guests of the occupant of the principal dwelling on the same site. 4.27 SOLID AND LIQUID WASTE DISPOSAL FACILITIES Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions: - The facility will be located as near as practical to the source of waste. - The facility will have undergone satisfactory review as required by provincial authorities for environmental assessment and operational design. - The facilities will be located at least 300 metres for liquid waste, and 457 metres for solid waste from any residence or recreational use. - The development of any new disposal sites shall take into consideration seasonal winds. - Adequate precautions shall be taken to prevent pollution of ground water by disposal operations. - Solid waste disposal facilities shall be located in proximity to an all-weather road. - Council may apply special standards for screening, fencing and reclamation of the site. 4.28 BED AND BREAKFAST HOMES Bed and breakfast homes are subject to the following conditions: - A bed and breakfast home may be located in a detached one unit dwelling or in a semi-detached dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or property. - Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal residence developed shall be licensed by the Ministry of Health. - Required parking spaces may be permitted in a required front yard. - 37 - - 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). Compare to existing bylaw. Home occupations allow for 0.2 m2 (1.7 ft2). - 38 - 5 ZONING DISTRICTS AND ZONING MAPS 5.1 ZONING DISTRICTS For the purpose of this Bylaw, the Resort Village of Glen Harbour is divided into several Zoning Districts that may be referred to by the appropriate symbols. FUD Future Urban Development CS Community Service R1 Residential 5.2 THE ZONING DISTRICT MAP The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 22-2013" adopted by the Resort Village of Glen Harbour, 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, the District boundary shall move with that parcel boundary, unless the boundary is otherwise located by amendment to the Bylaw. 5.4 HOLDING DESIGNATION a) 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. b) Any lands subject to a holding provision shall only be used for the following uses: i. Those uses existing on the land when the "H" is applied; and Public works. - 39 - 5.5 FUTURE URBAN DEVELOPMENT DISTRICT 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: 5.5.1 Permitted 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 Area's f) Uses in existence when this Bylaw comes into force. 5.5.2 Discretionary Uses The following uses may be permitted in the FUD- Future Urban Development District only by resolution of Council and only in locations specified by Council: a) One single detached dwelling and buildings accessory thereto; b) Home occupations; c) Large accessory buildings. 5.5.3 Site Development Regulations Minimum site area Existing - no subdivision Agricultural - 8.1 hectares (20 acres) Public Services - no minimum except municipal storage building 1000 m2 (10764 ft2) Minimum site frontage Existing site frontages permitted. Maximum site coverage 10% Front yard Agriculture - 7.6 metres (24.94 feet) only where a residential zone abuts Public Service - 7.6 metres (24.94 feet) Side yard Agriculture - 7.6 metres (24.94 feet) only where a residential zone abuts Public Service - 3.0 metres (9.85 feet) Rear yard Agriculture - None Public Service - 7.6 metres (24.94 feet) Notwithstanding the above, the minimum yard is 60.0 metres from the centerline of a municipal road. FUD - 40 - 5.5.4 Signage a) One permanent sign is permitted per site; b) In the case of a home occupation, an additional permanent sign is permitted; c) The facial area of a sign shall not exceed 0.2 m² (1.7 ft2); d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; e) 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. 5.5.5 Accessory Buildings a) No accessory building shall be located within 1.6 metres (5.25 feet) from the side or rear site line unless the side or rear site line is an abutting street then the side or rear yard shall be 6.1 metres (20 feet). b) The Building Floor Area for large accessory buildings on a residential site may not exceed 92m² (990.32ft2) in area and shall not exceed 4.5 metres (14.77 feet) in height. 5.5.6 Supplementary Regulations a) Council will consider the applications for discretionary use 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. - 41 - 5.6 RESIDENTIAL DISTRICT 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: 5.6.1 Permitted Uses a) One single detached dwelling, Ready-to-Move ( RTM), or Modular home; a) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site with the main use; b) Playgrounds and swimming pools; c) Public works buildings and structures excluding offices, warehouses, and storage yards. 5.6.2 Discretionary Uses The following uses may be permitted in the R1-Residential District only by resolution of Council and only in locations specified by Council: a) Home Occupations; b) One Accessory Dwelling Unit - granny flat or guest house; c) Bed and Breakfast homes; 5.6.3 Prohibited Uses a) Salvage or vehicle storage yard; b) The keeping of livestock or beekeeping. c) Recreational vehicles used as a residence or dwelling on a residential lot 5.6.4 Accessory Uses a) Any buildings, structures, or uses, which are accessory to the principle use of the site, but only after the principle use or discretionary use has been established; b) Two (2) detached sheds or buildings greater than 9.5 m2 (102.27 ft2) accessory to the principal dwelling unit on the site will be allowed. 5.6.5 Site Development Regulations Single Detached Dwelling Minimum site area 460 m2 (4951.57 ft2) Minimum site frontage 20 metres (65.62 ft) Minimum front yard 6.10 metres (20 feet) Minimum rear yard Principle buildings shall be set back a minimum of 3.05 metres (10 feet) from the rear site line. R1 - 42 - Minimum side yard 1.60 metres (5.25 feet) unless on a corner site then the side yard shall be 6.10 metres (20 feet). Maximum site coverage Building coverage may not exceed 60% of the site area. Maximum Height 9.00 metres (29.53 feet) for the Principal building; and 6.10 metres (20 feet) for accessory buildings - can be greater at council's discretion, if accessory building has living quarters above it. Minimum floor area The Principle building shall be a minimum of 75.07m² (808 ft²) An accessory building shall not exceed 75% of the principal building footage. Minimum parking spaces 2 Shelterbelts, shrubs and fences Tree and shrub plantings, portable structures, machinery and earth or gravel piles shall comply with the same setback requirement as for buildings. 5.6.6 Accessory Buildings a) All accessory buildings shall be set back a minimum of 6.10 metres (20.0 feet) from the front site line, 1.3 metres (4.27 feet) from the principal building, and 1.6 metres (5.25 feet) from the side or rear site line unless the side or rear site line is an abutting street then the side or rear yard shall be 6.10 metres (20 feet). b) Where a public or environmental reserve exists adjacent to the rear yard, no set back will be required. c) All accessory buildings shall not exceed 92m² (990.32ft2) or 75% of the residence, whichever is greater in area and shall not exceed 6.10 metres (20.0 feet) in height. d) A 2-storey accessory building, at council's discretion with living quarters above, may not exceed 9.0 metres (29.53 feet) on height measured from the lowest point of the perimeter of the building to the ridge of the roof. e) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for collection. 5.6.7 Signage a) One permanent sign is permitted per site. b) In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling, affixed to the dwelling or accessory building or free standing on the property at least 3.05 metres (10 feet) in from any lot line. c) The facial area of a sign shall not exceed 0.2 m² (1.7 ft2). d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. e) 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. 5.6.8 Fence and Hedge Heights a) No hedge, fence or other structure shall be erected past any property line. - 43 - b) No hedge, fence, or other structure not otherwise permitted shall be erected in a required front yard, to a height of more than 1.0 metres (3.28 feet.) above grade level. c) No hedge, fence, or other structure not otherwise permitted shall be erected in a rear yard on a lakeside site, to a height of 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). e) No barbed wire, or razor wire fences shall be allowed in this District. 5.6.9 Off-Season Storage a) The storage of one fishing shack or trailer and one (1) recreational vehicle shall be in a proper manner so as not to create a nuisance or view obstruction to adjacent property owners. Amended by Bylaw No. 36/2014 (September 13, 2014) b) Empty lots are restricted from the temporary storing of seasonal buildings or recreational equipment or vehicles. 5.6.10 Outside Storage a) No outdoor storage shall be permitted in the required front yard of any residential site. 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 equipment and machinery normally used for the maintenance of the residential property, vehicles or vehicular parts. f) Provision shall be made for the owner of the property to temporarily display a maximum of either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time. - 44 - 5.7 COMMUNITY SERVICE DISTRICT 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. 5.7.1 Permitted Uses a) Natural and nature-like open areas; b) Pedestrian trails and bicycle pathways. c) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities; d) Lodges, social clubs, service clubs; e) Community hall f) Places of worship g) Municipal offices, libraries, historic and cultural institutions, community halls; h) Accessory buildings, structures and uses located on the same site with the main use; i) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn bowling greens, swimming pools, marina, boat launches, and other similar uses. More than one recreational use may be permitted per site; j) Buildings, structures, or uses secondary or subordinate to, and located on the same site as, the principal use, shall be considered accessory uses; k) Public works buildings and structures excluding storage yards, warehouses, drainage ditches, culverts, and other drainage works, and shall include water reservoirs and sewage treatment facilities. 5.7.2 Discretionary Uses 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) Golf courses or other very large or very intensive use facilities; c) Recreational related commercial service facilities; d) Tourist campgrounds; e) Tourist cabins for rental to tourists on a seasonal basis. 5.7.3 Site Development Regulations Permitted uses Minimum site area Public Service uses - no minimum Recreational uses - 1.01 hectares (2.5 acres) Golf course - 32.38 hectares (80 acres) Minimum site frontage Public works - no minimum All other uses - 20.0 metres (65.6 feet) Minimum front yard Public works - no minimum All other uses - 6.10 metres (20 feet) Minimum rear yard Public works - no minimum CS - 45 - All other uses - 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. 5.7.4 Accessory Buildings a) All accessory buildings shall be set back a minimum of 6.10 metres (20.0 feet) from the front site line, 1.3 metres (4.27 feet) from the principal building, and 1.6 metres (5.25 feet) from the side or rear site line unless the side or rear site line is an abutting street then the side or rear yard shall be 6.10 metres (20 feet). b) Where a public or environmental reserve exists adjacent to the rear yard, no set back will be required. c) All accessory buildings shall not exceed 92m² (990.32ft2) or 75% of the residence, whichever is greater in area and shall not exceed 6.10 metres (20.0 feet) in height. d) A 2-storey accessory building, at council's discretion with living quarters above, may not exceed 9.0 metres (29.53 feet) on height measured from the lowest point of the perimeter of the building to the ridge of the roof. e) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for collection. 5.7.5 Signage a) The facial area of a sign shall not exceed 0.2 m² (1.7ft2). 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. 5.7.6 Parking Off-street parking requirements shall be provided in accordance with the following: Recreational buildings, sports facilities and fields 1 parking space for each of every ten patrons or seats. 5.7.7 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 1.7 metres (5.58 feet) through which shall not be used for any purpose except landscaping. - 46 - 6.0 NATURAL HAZARD LANDS OVERLAY 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. 6.1 UNSTABLE SLOPES SITE DEVELOPMENT REGULATIONS 6.1.1 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. 6.1.2 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 Last Mountain 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 40 metres and/or based on examples of unstable slope conditions or associated geotechnical reports. 6.1.3 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. 6.1.4 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. 6.1.5 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 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 n ot be required to approve the application for development. No person shall within a Lakeshore Natural Hazard Lands Overlay District use any land, or erect, alter or use any building or structure, except in accordance with the following provisions: NH - 47 - 6.2 Flood Hazard Areas Site Development Regulations 6.2.1 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. 6.2.2 No person shall backfill, grade, deposit earth or other material, excavate, or store goods or materials on these lands. 6.2.3 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. 6.2.4 "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. 6.2.5 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. 6.2.6 A development permit shall not be issued for any land use, erection, alteration or use of any building or structure within the Flood Hazard Area unless the site/development meets approved flood proofing measures to the 1:500 estimated peak water level plus the ½ metres freeboard elevation. Developers will be referred to the Flood-Proofing Guide prepared by the Ministry of Government Relations. 6.2.7 Any existing buildings may be replaced or expanded subject to appropriate flood proofing measures being provided. 6.2.8 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. - 48 - 7.0 PLANNED UNIT DEVELOPMENTCONTRACT ZONING DISTRICT EXAMPLE - PUD-C Planned Unit Development Contract Zoning District (PUD-C) which may be composed of a mixture of residential types, institutional, commercial, open space and recreation uses may be permitted in Residential and Commercial zones subject to the following regulations: 7.1 SITE PLAN An overall site plan shall be prepared showing landscaping design as well as the physical layouts of all structures and roads. 7.1.1 EXEMPTIONS TO ZONE REQUIREMENTS Specific zone regulations shall not apply to Planned Unit Development Contract Zoning District. Uses permitted within a PUD include: residential, commercial, light industrial recreation and open space. However, the project shall produce an environment of stable and desirable character, and shall incorporate at least equivalent standards of building separation, parking, height and other requirements and provisions of this By-law. While areas zoned as "Open Space", may be incorporated into Planned Unit Developments, only those structures permitted in the "Open Space" zones will be allowed. 7.1.2 MINIMUM SITE AREA The minimum site area shall be 0.5 hectares (1.24 acres). 7.1.3 REQUIRED OPEN SPACE A minimum of 25% of the land area must be common open space or for common recreational space. 7.1.4 ALLOWABLE DENSITY The density of development shall not be increased from the normal density per gross acre permitted in that zone. 7.1.5 TITLE REGISTRATION Planned Unit Development Contract Zoning District shall be regulated through a site plan agreement or development agreement which is caveated against the title at Land Registry of ISC. - 49 - 8.0 REPEAL AND ADOPTION The Zoning Bylaw for the Last Mountain Lake District Planning Commission No. 2/86 as amended shall be repealed upon Bylaw 22/2013, 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 2013 Read a second time this day of 2013 Read a third time this day of 2013 Adoption of Bylaw this day of 2013 _______________________________ MAYOR ______________________________ ADMINISTRATOR Ministerial Approval Date __________________________ - 50 - APPENDIX "A" 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; 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 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. - 51 - a) Proof of current valid interest may include: i) proof of ownership; ii) an agreement for sale; iii) an offer or option to purchase; iv) a letter of purchase; v) a lease for a period of more than 10 years; and vi) 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. - 52 - RESORT VILLAGE OF GLEN HARBOUR APPLICATION FOR A DEVELOPMENT PERMIT 1. Applicant: a) Name:_______________________________________________ b) Address:_____________________________________________ Postal Code:___________________ c) Telephone Number: ___________________________________ 2. Registered Owner: as above, or: a) Name:_______________________________________________ b) Address:_____________________________________________ Postal Code:___________________ c) Telephone Number: ___________________________________ 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: ____________________________________________________________________________________ - 53 - ____________________________________________________________________________________ ____________________________________________________________________________________ 9. 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. Mobile Homes: C.S.A.Z240 Approval Number (from Black and Silver Sticker) 11. Modular/RTM: C.S.A. Z277 Approval Number (from Black and Silver Sticker) 12. Modular date of Manufacture: ________________________ 13. 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 Glen Harbour from and against any claims, demands, liabilities, costs and damages elated to the development undertaken pursuant to this application. Date: ______________________________ Signature:______________________________ - 54 - APPENDIX "B" RESORT VILLAGE OF GLEN HARBOUR 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. ____ 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: - 55 - Secretary, Development Appeals Board Resort Village of Glen Harbour Post Office Box 302 Silton, SK S0G 4L0 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.