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## RESORT VILLAGE OF GRANDVIEW BEACH SASKATCHEWAN
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Zoning Bylaw Bylaw No. 07-22
## RESORT VILLAGE OF GRANDVIEW BEACH ZONING BYLAW
## Resort Village of Grandview Beach Bylaw No. 07-22 Zoning Bylaw
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Resort Village of Grandview Beach hereby adopts Schedule A, known as the Zoning Bylaw, which is attached to, and forms part of, this Bylaw.
2. That Bylaw No. 3/92, known as the Zoning Bylaw of the Resort Village of Grandview Beach and all amendments thereto, is hereby repealed.
3. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations.
Read a first time this 14" day of July, 2022. Read a second time this 15" day of September, 2022. Read a third time this 15th day of September, 2022.
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CERTIFIED a true copy of Bylaw No. 07-22
Adopted by Resolution of Council on the
15"l day of September, 2022.
Dalto
MAYOR
Sage of Granting
Resort
Seal
Beach
Saskatchewar
SEAL
ADMINISTRATOR
APPROVED REGINA, SASK. FEB Q 7 2023
For!
Minister or Governmed Relations
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## RESORT VILLAGE OF GRANDVIEW BEACH ZONING BYLAW
## Schedule A
Resort Village of Grandview Beach Zoning Bylaw Bylaw No. 07-22
## Table of Contents
| Introduction.. 1 | Introduction.. 1 | Introduction.. 1 |
|-------------------------|-----------------------------------------------------------------------------------------------|------------------------|
| 1.1 | Authority. | |
| 1.2 | Title.... | |
| 1.3 | Purpose. | |
| 1.4 | Scope... | |
| 1.5 | Severability | |
| 2 Administration .. | 2 Administration .. | 2 Administration .. |
| 2.1 Development Officer | 2.1 Development Officer | |
| 2.2 | Council... | N~N M |
| 2.3 | Interpretation. | |
| 2.4 | Bylaw Compliance.. | |
| 2.5 | Development Not Requiring a Permit.. | |
| 2.6 | Application for a Development Permit.. | |
| 2.7 | Referral of Applications.... | |
| 2.8 | Procedures for Issuing a Development Permit.. | |
| 2.9 | Development Permit for a Temporary Use... | |
| 2.10 | Moving and Demolition of Buildings. | |
| 2.11 | Validity of a Development Permit.. | |
| 2.12 | Cancellation of Development Permit. | |
| 2.13 | Permit Reissuance... | |
| 2.14 | Building Permits, Licenses, and Compliance with Other Bylaws.. | |
| 2.15 | Enforcement | |
| 2.16 | Development Appeals Board. | |
| 2.17 | Minor Variances.. | |
| 2.18 | Amending the Planning Bylaws.. | |
| 2.19 | Servicing and Development Agreements | |
| 2.20 | Fees and Advertising. | |
| 3 General Regulations. | 3 General Regulations. | 3 General Regulations. |
| 3.1 | Hazard Lands | |
| 3.2 | Water Supply and Sewage Disposal. | |
| 3.3 | Heritage-Sensitive Land. | |
| 3.4 | Critical Wildlife Habitat Management. | |
| 3.5 | Landscape Buffers. | |
| 3.6 | Projections and Encroachments... | |
| 3.7 | Number of Principal Buildings per Site .. | |
| 3.8 | Uses Permitted in All Zoning Districts | 18 |
| 3.9 | Accessory Uses, Structures, and Buildings | 18 |
| 3.10 | Restoration to a Safe Condition... | 19 |
| 3.11 | Prohibited and Noxious Uses.. | 19 |
| 3.12 | Height Restrictions.. | 19 |
| 3.13 | Non-Conforming Buildings, Uses, and Sites.. | 19 |
| 3.14 | Access and Approaches | 20 |
| 3.15 | Sight Triangle | 20 |
| 3.16 | Development in Proximity to Highways... | 21 |
| 3.17 | Irregularly Shaped Lots. | 21 |
| 3.18 | Signs and Billboards.. | 21 |
| 3.19 | Outdoor Storage.... | 22 |
| 3.20 3.21 | Development in Proximity to Railways. Development Along Pipelines and Gas Transmission Lines. | 22 23 |
| 3.22 | Concept Plans | 24 |
|----------------------------------------------|------------------------------------------------------|---------------------------|
| 4 Criteria and Standards for Specific Uses.. | 4 Criteria and Standards for Specific Uses.. | ...25 |
| 4.1 | General Criteria for Discretionary Uses | 25 |
| 4.2 | Home-Based Businesses.. | 25 |
| 4.3 | Bed-and-Breakfast Homes. | 26 |
| 4.4 | Fences and Hedges. | 26 |
| 4.5 | Trailers, Modular, and RTM (Ready-to-Move) Homes... | 27 |
| 4.6 | Guest Cottages.. | 27 |
| 4.7 | Daycare Centres and PreSchools | 28 |
| 4.8 | Residential Care Homes | 28 |
| 4.9 | Swimming Pools | 28 |
| 4.10 | Public Communication Towers..... | 29 |
| 4.11 | Individual Solar Energy Generators... | ...29 |
| 5 Zoning Districts.. ..30 | 5 Zoning Districts.. ..30 | 5 Zoning Districts.. ..30 |
| 5.1 | Districts Overview. | 30 |
| 5.2 | R1 - Low-Density Residential District.. | 30 |
| 5.3 | R2 - Restricted Residential Development District.... | 33 |
| 5.4 | R3 - Medium-Density Residential District. | 5 |
| 5.5 | REC - Recreational District.... | 8 |
| 5.6 | FUD - Future Urban Development District. | |
| 6 | Definitions.. | ...40 |
## INTRODUCTION
## 1.1 AUTHORITY
Under the authority granted by The Planning and Development Act, 2007 (PDA or Act), the Mayor and Council of the Resort Village of Grandview Beach (Resort Village or Municipality) 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" (Bylaw) of the Resort Village.
## 1.3 PURPOSE
The purpose of this Bylaw is to regulate development and to control the use of land in the Resort Village in accordance with the Official Community Plan.
The intent of this Bylaw is to provide for the amenity of the area within the Resort Village and for the health, safety, and general welfare of its residents:
- 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. All development within the limits of the municipality 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.
## 2 ADMINISTRATION
## 2.1 DEVELOPMENT OFFICER
- a) The Administrator of the Resort Village shall be the Development Officer responsible for the administration of this Bylaw, or in his/her absence an employee of the Municipality appointed by the Administrator; or someone appointed by the Council to act as a Development Officer to administer this Bylaw.
- b) The Development Officer shall:
3. Maintain for inspection by the public and during office hours, a copy of this Bylaw, zoning map(s), and any amendments made to this Bylaw. Ensure copies of the bylaw are available to the public at a reasonable cost.
- ii. Make available, for public inspection during office hours, a register of all development permits, minor variances, and subdivision applications and decisions.
- iii. Collect development fees, according to the fee section of this bylaw or the fee schedule established by a separate municipal fee bylaw.
- iv. Be authorized to finalize and issue decisions on development permits for permitted uses.
- v. Perform other duties as determined by Council.
- c) The Development Officer shall receive, record, review and forward to Council:
- i. Development permit applications for discretionary uses;
- ii. Applications to amend the Official Community Plan or the Zoning Bylaw.
- iii. Subdivision applications.
- iv. Development, development levy and servicing agreements.
- v. Applications for minor variances.
## 2.2 COUNCIL
- a) Council shall make all decisions regarding discretionary uses, development agreements, development levy agreements, servicing agreements, and amendments to the planning bylaws.
- b) Council shall review all subdivision application circulated to it by the Ministry of Government Relations. Council shall endeavour to submit, to the Ministry, a recommendation regarding the subdivision within the prescribed time period.
- c) Council shall act on applications for a discretionary use, bylaw amendment, and subdivision in accordance with the procedures established by The Planning and Development Act, 2007 and in accordance with the Official Community Plan.
## 2.3 INTERPRETATION
- a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation.
- b) All measurements in the Bylaw shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines for reference.
- c) No existing development or site shall be deemed non-conforming due to non-compliance with the metric units used in the Bylaw.
## 2.4 BYLAW COMPLIANCE
- a) 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.
## 2.5 DEVELOPMENT NOT REQUIRING A PERMIT
- a) The following developments shall be exempt from development permit requirements, but shall conform to all Bylaw requirements (e.g., building permits, setbacks, environmental and development standards):
- i. All Zoning Districts:
- a. Accessory Buildings and Structures: buildings or structures used solely for storage and which are no more than 9.3 square metres (100 square feet) in area and are accessory to a lawful use within the zoning district. The accessory use shall comply with all requirements of this Bylaw.
- b. The temporary placement of a trailer, tool shed, scaffold, or other equipment incidental to an approved construction site for which a development and/or building permit has been issued. All construction equipment and uses shall be removed as soon as is practical after construction activities cease.
- c. The erection of any fence, wall, gate, which measures 1.8 metres (6 feet) in height or less.
- d. The use of all or part of a building as a temporary polling station, returning officer's headquarters, candidates' campaign offices and any other official temporary use in connection with a federal, provincial or municipal election, referendum or census.
- e. Maintenance to buildings and non-structural internal alterations, including mechanical or electrical work, provided that the use, or intensity of use of the building, does not change or an increase in the number of dwelling units within the building or on the site.
8. Landscaping of private property, driveways and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted.
- g. Signs subject to the provisions of this Bylaw.
- h. Public utilities and facilities, buildings, and uses undertaken, erected, or operated by the Resort Village.
- i. Home offices as defined by this Bylaw.
- j. Drainage works, provided the developer obtains any required approvals from the Water Security Agency. If approval is required from the Water Security Agency, the developer shall provide the RM with a copy of the written provincial approval.
- k. Apiaries and the keeping of bees are allowed in all zoning districts and are exempt from municipal approval, provided the operator holds a valid certificate under The Apiaries Act and the operation is carried out in compliance with all provincial requirements.
## 2.6 APPLICATION FOR A DEVELOPMENT PERMIT
- a) Unless the proposed development or use is exempt from development permit requirements, no person shall commence a development without an approved development permit. Prior to beginning any development, every developer shall complete and submit to the Development Officer a completed development permit application.
- b) The development permit application shall be in the form prescribed by the Development Officer and shall include all that apply:
- i. A description of the intended use or proposed development, including any change in building use or land use;
- ii. Legal land description;
- iii. The signature(s) of the applicant and registered landowners);
- iv. A copy of the Certificate of Title;
- V. Estimated commencement and completion dates, including any proposed phasing;
- vi. Floor plans and elevations of the proposed development, approved plans will be kept on record at the municipal office for future reference.
- vii. Written evidence that the Saskatchewan Health Authority, or Water Security Agency, has approved the water supply and method of sewage disposal, or evidence that an application for approval has been submitted to the relevant regulatory agent. If approval has not been obtained at the time of application, the approval of such systems may be included as a condition of development permit approval.
10. Vili. Technical reports or studies, if deemed applicable under subsections 3.1 - 3.4 of this Bylaw, including but not limited to:
- a. Flood risk assessment
- b. Geotechnical report
- c. Hydrogeological reports
- d. Wildlife or habitat studies
- ix. An attached site plan, which shall include:
- a. All adjacent roads, highways, service roads and access to the site (label on site plan);
- b. Rights-of-way and easements (gas, oil, power, drainage, etc.);
- c. All drainage courses;
- d. Existing development on the site;
- e. Location of proposed development;
- f. Landscaping details (existing trees, removal of trees, proposed plantings, berms, water features, etc.);
- g. Setbacks to the property line, road, services, and other buildings on-site;
- h. Water bodies and the top of the bank;
- i. Location of existing and proposed services: well or cistern and method of sewage disposal;
- j. Signs: location and details like artwork, colors, size, lights, etc.;
- k. Parking and loading facilities;
1. Sidewalks, patios, playgrounds;
- m. North arrow; and
- x. Any additional information deemed necessary by the Municipality.
## 2.7 REFERRAL OF APPLICATIONS
- a) Upon receipt of any application and prior to finalizing a decision, the Development Officer may refer the application to Council for a decision on the interpretation of the Bylaw or regarding special conditions provided for in the Bylaw, and shall inform the applicant of the date and time when Council will consider the matter. Council or the Development Officer may require the applicant to provide any further information deemed necessary to render a decision.
- b) The Development Officer may refer an application to any internal or external departments, government agencies, planning, engineering, legal, or other professionals or organizations for review or comment prior to finalizing a decision on the application.
- c) The cost and completion of any external review or required study shall be the responsibility of the developer.
- d) The Development Officer shall maintain a record of all approved development permit applications that involve the installation of water and sanitary services, should provincial officials request such information under the Public Health Act, 1994.
## 2.8 PROCEDURES FOR ISSUING A DEVELOPMENT PERMIT
- a) Applicants shall submit to the Development Officer, the prescribed application form, site plan(s), fees, and supplementary information as required by the Development Officer.
- b) Upon receipt of an application for a development permit, the Development Officer shall determine if the proposal is permitted, discretionary or prohibited.
## 2.8.1 PERMITTED USE
- a) The Development Officer shall be authorized to issue a decision on a development permit application for a permitted use.
- b) Upon receipt of an application for a permitted use, and prior to finalizing a decision, the Development Officer may refer the application for review and comment.
- c) The Development Officer will issue a development permit, in writing, when the application conforms to the Zoning Bylaw. The permit will include any special regulations, performance standards, or development standards authorized by this Bylaw, and the effective date of the decision. (
- d) The Development Officer will issue a refusal, in writing, when the application does not comply with a provision or regulation of this Bylaw.
## 2.8.2 DISCRETIONARY USE
- a) Upon receipt of an application for a discretionary use, and prior to finalizing a decision, the Development Officer may refer the application for review and comment.
- b) The Development Officer will prepare a report for Council regarding the discretionary use application. The report shall discuss, or examine, the criteria for consideration of the discretionary use. The application and the report will be submitted to Council for a decision.
- c) At least seven (7) days before Council is to consider the application and hold a public hearing, the Development Officer shall provide notice to the public for the discretionary use application. The notice must be:
- i. Sent by mail to the assessed owners of property within 75.0 metres (246 feet) of the boundary of the applicant's land;
- ii. Posted at the municipal office;
6. i11. Posted on the municipal website; and
- iv. Sent to any other person the Development Officer deems appropriate based on the development proposal.
- d) Council shall finalize a decision on a discretionary use, by resolution of Council. The decision shall approve, approve with development standards or conditions, or refuse the discretionary use
on the site. Council shall then instruct the Development Officer:
- i. To issue a development permit, in writing, when the application conforms to the municipal bylaws. The permit will include any special regulations, performance standards, or development standards authorized by this Bylaw, and the effective date of the decision.
- il. To issue a notice of refusal in writing to the applicant stating the reasons for the refusal, referencing the specific discretionary use criteria the application did not meet.
## 2.8.3 REFUSAL OF DEVELOPMENT PERMIT APPLICATION (PERMITTED OR DISCRETIONARY USE)
- a) An application for a development permit shall be refused if it does not comply with the Official Community Plan and this Bylaw.
- b) The reasons for a development permit refusal shall be stated on the written notice of decision.
- c) The applicant shall be notified of its right to appeal the decision to the local Development Appeals Board in accordance with the requirements of the PDA.
## 2.8.4 PROHIBITED USE
- a) If the proposed development is not listed as a permitted or discretionary use in the applicable zoning district, it is considered a prohibited use.
## 2.9 DEVELOPMENT PERMIT FOR A TEMPORARY USE
- a) The Development Officer may issue a development permit for a temporary use, with specified conditions, for a specified period of time, to accommodate temporary uses or developments. incidental to approved construction, temporary accommodation, or other appropriate temporary uses.
- b) Every temporary use shall be approved for a specified period of time. Unless otherwise stated in this Bylaw, a temporary use shall not exceed twelve (12) months.
- c) Where a development permit for a temporary use has expired, the developer may apply for a permit renewal. The temporary permit may be renewed for up to twelve (12) months:
- i. In the case of a permitted use, at the discretion of the Development Officer;
- ii. In the case of a discretionary use, by resolution of Council (public notice requirements apply).
- d) Upon expiration of the period for which the temporary use was approved, the use shall be discontinued and all temporary structures removed.
- e) A temporary use must meet the zoning requirements of the applicable zoning district.
- f) Council may, at its discretion, revoke a temporary development permit should the use violate any
of the permit conditions.
- g) Permanent structures shall not be permitted as part of a permit for a temporary use.
## 2.10 MOVING AND DEMOLITION OF BUILDINGS
- a) Unless a building is exempt from permit requirements, no building shall be moved into, out of, or within the area covered by this Bylaw without first obtaining a development permit from the Development Officer.
- b) No building shall be demolished without first obtaining a development/demolition 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.
- c) An applicant for a demolition permit for a dwelling or water well may be required to fill, grade, fence, or follow other special permit conditions for public and environmental safety reasons.
## 2.11 VALIDITY OF A DEVELOPMENT PERMIT
- a) Unless otherwise stated on the permit decision, a development permit is valid for a period of twelve (12) months.
- b) A development permit shall be cancelled or revoked and an order to stop development may be issued, as the case may be:
- i. If the proposed development is not commenced within the period for which the permit is valid;
- ii. If the proposed development is legally suspended, or discontinued, for a period of six (6) or more months, unless otherwise indicated by Council or the Development Officer;
- iii. If the development is undertaken in contravention of this Bylaw, the development permit and/or specified development standards;
- iv. When the Development Appeals Board receives a written appeal notice regarding the development permit.
## 2.12 CANCELLATION OF DEVELOPMENT PERMIT
- a) Council or the Development Officer may cancel a development permit, and when cancelled, an order to stop or remedy development may be issued:
2. Where the Development Officer or Council is satisfied that a development permit was issued based on false or mistaken information;
- ii. Where new information is identified pertaining to environmental protection, flood potential, or slope instability; and/or
111. When a developer requests a development permit modification.
## 2.13 PERMIT REISSUANCE
- a) A development permit may be re-issued in its original, or modified, form where a new development permit application conforms to the provisions of this Bylaw.
## 2.14 BUILDING PERMITS, LICENSES, AND COMPLIANCE WITH OTHER BYLAWS
- a) Nothing in this Bylaw shall exempt any person from complying with the Municipal Building Bylaw or any other municipal bylaw.
- b) In addition to the requirements of this Bylaw, an applicant must comply with all federal and provincial legislation and regulations.
- c) A building permit, where required, shall not be issued for a development unless a required development permit has been issued, or is issued concurrently. A building permit issued before a development permit has been issued is not valid until the required development permit has been issued and has taken effect.
## 2.15 ENFORCEMENT
- a) A Development Officer may, at all reasonable times, and with the consent of the owner, operator, or occupant, enter any land, building, or premises for the purposes of inspection if the Development Officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of the PDA or any order made pursuant to the PDA.
- b) Pursuant to Section 242 of the PDA, the Development Officer may issue a written order to the owner, operator, or occupant of the land, building or premises for any contravention to this Bylaw or the Official Community Plan.
- c) Any person who violates this Bylaw is guilty of an offence and is liable, on summary conviction, to the penalties outlined in Section 243 of the PDA.
## 2.16 DEVELOPMENT APPEALS BOARD
- a) Council shall appoint a Development Appeals Board (the Board), or join a District Development Appeals Board, in accordance with Sections 49 and 214 to 218 of the PDA.
- b) The composition of the Board, the secretary, remuneration and expenses, powers, duties, and responsibilities shall be as per Council's policy, which shall be adopted by resolution.
- c) The following decisions may be appealed to the Board:
- i. The approval of a development permit, where it is alleged the Development Officer misapplied the zoning bylaw in approving the proposal;
- ii. The refusal, by the Development Officer, to issue a development permit because the proposal contravenes the Bylaw;
- iii. The development standards or conditions attached to Council's approval of a discretionary use; or
- iv. An order to repair or correct contraventions under a nuisance bylaw adopted under The Municipalities Act (Sections 364 and 365) or a zoning bylaw adopted under the PDA (Section 242).
- d) The following decisions may not be appealed to the Board:
- i. The refusal of a discretionary use application;
- ii. The refusal of a zoning bylaw amendment including rezoning; or
- ill. A decision concerning a subdivision application.
- e) Anyone applying for an appeal must send written notice of appeal to the Secretary of the Board within the time frames established by the PDA:
- i. Thirty (30) days of a Development Officer's decision being issued;
- ii. Thirty (30) days of the failure of a Council to finalize a decision;
- ili. Thirty (30) days of receiving a permit with terms and conditions; or
- iv. Fifteen (15) days if appealed under The Municipalities Act, or thirty (30) days under PDA, of an order being served to repair or correct contraventions.
- f) In making an appeal to the Board, and hearing such appeal, the provisions of the PDA shall apply.
## 2.17 MINOR VARIANCES
- a) The Development Officer may vary the requirements of this bylaw, subject to the following:
- i. A minor variance may be granted for the following only:
- a. The minimum required distance of a building from a lot line; and
- b. The Minimum required distance of a building from any other building on the lot.
5. i1. The maximum amount of a minor variance shall be 10% from the requirements of this bylaw.
- iii. The development must otherwise comply with the zoning bylaw.
- iv. The relaxation of the bylaw requirements must not injuriously affect a neighbouring property.
8. A minor variance shall not be granted for a discretionary use or form of development, or in connection with a contract zone agreement entered into pursuant to Section 69 of the PDA.
- vi. A minor variance shall only be granted for a residential use.
- b) An application for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by the prescribed application fee.
- c) Upon receipt of a minor variance application, the Development Officer may:
1. Approve the minor variance;
- ii. Approve the minor variance with terms and conditions on the approval; or
4. i11. Refuse the minor variance.
- d) Terms and conditions imposed by the Development Officer shall be consistent with the general intent of this bylaw.
- e) Where a minor variance is refused, the Development Officer shall notify the applicant in writing and provide reasons for the refusal.
- f) 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.
- g) The written notice shall contain:
- i. A summary of the application;
- ii. Reasons for, and an effective date, of the decision;
- iii. Notice that an adjoining assessed owner has twenty (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
- iv. 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.
- h) Written notice of the decision shall be delivered by registered mail or personal service, and by any other method deemed appropriate by the Resort Village.
- i) A decision to approve a minor variance, with or without terms and conditions, does not take effect:
- i. Until twenty-three (23) days from the date the notice was mailed, in the case of notice sent by registered mail.
- ii. Until twenty (20) days from the date the notice was served, in the case of notice delivered by personal service.
- j) If an assessed owner of property adjoining the applicant's land, objects to the minor variance, in writing, to the Development Officer within the time periods prescribed in 2.17 (i), the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing:
- i. Of the revocation of the approval; and
- ii. Of the applicant's right to appeal the revocation to the Development Appeals Board within thirty (30) days of receiving the notice.
- k) If an application for a minor variance is refused or approved with terms or conditions, the
- applicant may appeal the refusal or the terms and conditions to the Development Appeals Board within thirty (30) days of the date of that decision.
- 1) The Municipality will maintain a record of all applications and decisions regarding minor variances.
## 2.18 AMENDING THE PLANNING BYLAWS
- a) Any person who seeks to amend this Bylaw must apply to the Development Officer for an amendment. The Development Officer shall review the application for conformity with the Official Community Plan. The Development Officer will then refer the application to Council for consideration.
- b) The application for a zoning amendment is subject to fees as set out in subsection 2.20 of this Bylaw or in the fee schedule established by a separate municipal fee bylaw.
- c) Prior to Council's review, the Development Officer may refer the amendment application to any internal or external departments or organizations for review or comment (i.e. federal or provincial government, qualified professional, interested stakeholder groups, etc.).
- d) The process for public notification and public participation during the bylaw adoption process shall be as per Part X of the PDA.
- e) Premature rezoning of land for development shall not be common practice. Council shall consider amendments to the planning bylaw(s) to accommodate development proposals, only when specific development applications, subdivision applications, servicing agreements, and other required information, have been presented to and reviewed by Council.
## 2.19 SERVICING AND DEVELOPMENT AGREEMENTS
- a) Council may require the proponent of a subdivision or development permit application to enter into a servicing agreement or development levy agreement, respectively. The agreement should ensure conformity with the official community plan and zoning bylaw and ensure adequate financing for on-site and off-site infrastructure as per the PDA.
- b) By entering into a servicing agreement or development levy agreement, Council will ensure there is adequate municipal infrastructure and public facilities to support a proposed development. The agreement may address sewage disposal, garbage disposal, availability and adequacy of water, recreational facilities, etc.
- c) Council may require the applicant to post and maintain a performance bond, irrevocable letter of credit, or similar legal mechanism to ensure performance and to protect municipal and public interests.
- d) Council may require the applicant to provide and maintain liability insurance to protect the applicant, municipality and the public.
## 2.20 FEES AND ADVERTISING
- a) Where an application is made to Council for an amendment to this Bylaw, the Official Community Plan, or for a development permit or minor variance, the applicant making the request shall bear the actual cost of advertising, as permitted by the PDA. In addition, the applicant shall pay all costs incurred as a result of a professional review of the application and in carrying out a public hearing.
- b) Pursuant to Section 51 of the PDA, the municipality may adopt a separate fee bylaw. A fee bylaw would establish a schedule of fees to be charged for planning and development.
## 3 GENERAL REGULATIONS
The following regulations shall apply to all zoning districts in the Resort Village of Grandview Beach.
## 3.1 HAZARD LANDS
## 3.1.1 POTENTIAL HAZARD LANDS
- a) Hazard land includes areas known, or with the potential, to be prone to:
- i. flooding;
- ii. poor drainage;
- iii. slope instability;
- iv. erosion; or
- v. land with similar constraints.
## 3.1.2 PROFESSIONAL ASSESSMENTS
- a) Where a development is proposed in an area identified on the Zoning District Map as Potential Flood or Slope Hazard Area, where development is proposed adjacent to a water body or water course, or where local knowledge identifies the potential for hazard, Council may require the applicant to submit sufficient supporting information to determine if the development is appropriate for the site. Such proposals, and the supporting information, may be referred to federal or provincial departments, or other relevant environmental or professional agencies, for comment prior to finalizing a decision.
- b) Supporting information shall be in the form of a report or an assessment, the cost of which shall be borne by the developer. The report shall be prepared by a qualified professional, and should assess the suitability of the site for the proposed development. The report should address:
- i. The potential for flooding and the locations of the floodway and flood fringe of the 1:500 Estimated Peak Water Level;
- ii. The potential for slope instability before and after the development and any proposed improvements (geotechnical report;
- ili. The suitability of the location for the proposed use or building, given the site constraints;
- iv. Grading of the site to provide suitable on and offsite drainage, which will not adversely affect neighbouring properties or public or private infrastructure;
- V. Any other potential environmental hazards;
- vi. Actions to avoid, prevent, mitigate, or remedy hazards, which will be incorporated as a condition of a development permit.
- c) A development permit will be refused if the developer's proposed mitigation measures are
inadequate to address the adverse conditions or will result in excessive municipal costs.
## 3.1.3 FLOOD HAZARD
- a) Development of new buildings, and additions to buildings, will be prohibited in the flood way of the 1:500 Estimated Peak Water Level of any watercourse or water body.
- b) Flood proofing of new buildings and additions to buildings to a Minimum Building Elevation of 0.5 metres (1.64 feet) above the 1:500 Estimated Peak Water Level of any watercourses or water bodies will be required in the flood fringe.
- c) For the purpose of this Bylaw, appropriate flood proofing measures shall mean:
- i. That all buildings shall be designed to prevent structural damage by flood waters;
5. The first-floor joist of all buildings shall be constructed above the designated Minimum Building Elevation as determined by a qualified professional; and
- iii. All electrical and mechanical equipment within a building shall be located above the designated Minimum Building Elevation.
## 3.1.4 SLOPE INSTABILITY
- a) 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 valleys, hillsides, watercourses, creeks, or any other tributary creeks and gullies.
- b) New development shall not be permitted on any readily eroded or unstable slope area if the proposed development combined with proposed mitigation measures will be affected by, or increase, the potential hazard presented by erosion or slope instability.
- c) If a geotechnical report or site assessment is not provided, or having been provided, Council determines that excessive remedial or servicing measures are necessary to safely and efficiently accommodate the proposed development, Council shall not be required to approve the application for development.
## 3.1.5 DRAINAGE AND GRADING
- a) Every development shall be graded and levelled at the owner's expense to provide for adequate surface drainage that does not adversely affect adjacent properties or the stability of the land.
- b) All excavations or fills shall be re-vegetated as soon as it is practical to do so following the completion of construction activities. The new vegetation shall provide a suitable ground cover so as to prevent erosion.
- c) Site Assessments:
- i. As part of a development permit application, Council or the Development Officer may require the developer to provide a grading and drainage plan to demonstrate suitable on and
- offsite drainage.
11. Where excavation or filling is proposed, Council may require the developer to provide an impact assessment or geotechnical report, carried out by a qualified professional prior to finalizing a decision on the development permit application.
- iii. The cost of conducting any professional report, study, or site assessment required as part of a development application shall be the responsibility of the developer.
- iv. If the Resort Village requires a drainage plan, report, or other site assessment as part of a development application, and the proponent refuses or fails to provide the required information, Council may recommend refusal of the subdivision or deny the permit, application as the case may be.
## 3.2 WATER SUPPLY AND SEWAGE DISPOSAL
- a) No development or use of land shall be permitted where the proposal could adversely affect domestic and municipal water supplies.
- b) All water supply and wastewater disposal systems must meet the requirements of the Municipality, the Saskatchewan Health Authority and/or the Water Security Agency.
- c) If, in the opinion of Council, the groundwater could be adversely affected, a professional report shall be prepared, at the cost of the developer. The report shall determine whether the proposed development would adversely affect the groundwater resource, the stability of the land, and include conditions under which the development may be approved. Council shall make a recommendation on the application based on the professional report.
- d) If clauses 3.2 (b) and 3.2 (c) are not met, or if the proposed development or subdivision may jeopardize ground or surface water supplies, Council may refuse a development permit or recommend refusal of a proposed subdivision.
## 3.3 HERITAGE-SENSITIVE LAND
- a) Where a development is proposed in proximity to a designated heritage property or in an area identified as having heritage sensitivity, the Development Officer may require the applicant to provide additional information as required by The Heritage Property Act.
- b) The Heritage Conservation Branch administers two tools to assist developers and landowners in assessing the need for heritage analysis:
- i. The RM will refer developers to the "Developers' Online Screening Tool" for heritage sensitivity to ensure development will not negatively impact heritage resources.
- ii. Small-scale development activities on private lands may qualify for an exemption from further analysis for heritage resource impacts. The "Exempt Activities Checklist for Private Landowners" may be used to evaluate the need for further study for small-scale development activities.
- c) Where applicable, the developer shall demonstrate approval from the Heritage Conservation Branch prior to the RM issuing a development permit.
## 3.4 CRITICAL WILDLIFE HABITAT MANAGEMENT
- a) Where development is proposed in an area containing critical wildlife habitat, the Development Officer shall require the applicant to provide additional information as required by The Wildlife Habitat Protection Act (WHPA) and any other relevant provincial regulations.
- b) Critical wildlife conservation shall be permitted uses in all zoning districts. Council may prohibit development and recommend subdivision refusal where proposals may adversely affect wildlife conservation.
- c) Council may specify development and subdivision requirements, regarding wildlife habitat management, based on reports from qualified consultants or officials from the provincial government.
- d) All development and subdivision proposals on private and Crown Land which are within a Wildlife Management Area shall conform to:
- i. The Wild Life Habitat Protection Act (WHPA) requirements;
- ii. Any requirement of the Ministry of Environment or other applicable federal or provincial agency;
- iii. Council-specified wildlife management, conservation, and rehabilitation development standards to maximize long-term wildlife protection.
## 3.5 LANDSCAPE BUFFERS
- a) Landscape buffers are intended to improve land use compatibility and environmental quality by reducing noise, glare and other nuisances, or for facilitating natural drainage.
- b) Where it is necessary to separate a development from adjacent uses, Council may require a landscape buffer measuring a minimum 2.0 metres (6.57 feet) in width.
## 3.6 PROJECTIONS AND ENCROACHMENTS
- a) Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum projection of 1.5 metres (4.92 feet) into a required rear yard.
- b) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations may have a maximum projection from the main wall of the principal building up to 0.45 metres (1.5 feet) from the site line.
- c) Wheelchair ramps may extend to ground level.
- d) Encroachments that could potentially jeopardize sight lines or the safety of the public are prohibited.
## 3.7 NUMBER OF PRINCIPAL BUILDINGS PER SITE
- a) Not more than one principal building or principal use shall be permitted on any one site except:
- i. Public utilities
- ii. Municipal uses
- iii. Institutional uses
- iv. Recreational uses
- v. Dwellings in the R2-Restricted Residential Development District, where approved by Council
## 3.8 USES PERMITTED IN ALL ZONING DISTRICTS
- a) Nothing in this Bylaw shall prevent the use of any land as a public street.
- b) 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.
## 3.8.1 PUBLIC USES AND MUNICIPAL FACILITIES
- a) Unless otherwise stated in this Bylaw, public utilities and municipal facilities, except solid and liquid waste disposal sites, shall be allowed in all zoning districts.
- b) Minimum site area and frontage requirements shall not apply to public utilities, provided the relaxation will not injuriously affect neighbouring properties. Minimum yard setbacks shall apply.
- c) Where a distribution line crosses a municipal road, Council may apply special design standards as considered necessary to maintain the integrity of the road and the safety of the public.
## 3.9 ACCESSORY USES, STRUCTURES, AND BUILDINGS
- a) Unless otherwise exempted in a zoning district, all accessory buildings, even those exempted from requiring a permit, shall be required to conform to the front, side, and rear yard setbacks of that zoning district.
- b) Unless otherwise exempted by this Bylaw, and with the exception of storage sheds and uses or structures needed for approved construction, no accessory building or structure shall be constructed, erected, or moved onto any site prior to establishing the principal use or building.
- c) Where an accessory building is attached to a principal building by a solid roof or by structural rafters, the accessory building is deemed to be part of the principal building.
- d) No door or entranceway of any accessory building shall be located closer than 1.5 metres (5 feet) from the property line. No door shall, when open, extend beyond the property boundary of the lot.
- e) Subject to building code regulations, detached accessory buildings shall be located at least 1.0
- metre (3.3 feet) from a principal building.
- f) All workshop-related activities shall be conducted entirely within an enclosed building. Except where exempted by this bylaw, no storage of materials, goods, or waste products is allowed in the front or side yard of the site.
- g) Only one private detached garage or carport is allowed per residential parcel.
## 3.10 RESTORATION TO A SAFE CONDITION
- a) Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of any building or structure, provided the structural improvement or restoration shall not increase the height, area, volume or intensity of the development so as to contravene the provisions of this Bylaw.
- b) Unless exempt by this Bylaw, development permit requirements shall apply.
## 3.11 PROHIBITED AND NOXIOUS USES
- a) Notwithstanding any use contained within a building, no land shall be used for any purpose that is noxious or for any purpose that creates or is likely to become a nuisance or offence:
- i. By the creation of noise or vibration;
- ii. By the emission of light and glare;
- iii. By reason of the emission of gas, fumes, smoke, dust or objectionable odour; or
- iv. By reason of the unsightly storage of goods, salvage, wastes, motor vehicles, machinery or other similar material.
## 3.12 HEIGHT RESTRICTIONS
- a) In all zoning districts, the height restrictions shall be as stated in the site standards except that Council may impose a reduced height restriction for buildings and structures located on lands identified on the Zoning District Map as Potential Flood or Slope Hazard Area.
## 3.13 NON-CONFORMING BUILDINGS, USES, AND SITES
- a) 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 Sections 88 to 93 inclusive, of the PDA.
- b) An existing non-conforming use may be continued if the use conformed to the Bylaw that was in effect at the time of the development and has not been discontinued for twelve (12) consecutive months, or longer.
- c) Non-conforming buildings or sites may continue to be used, maintained, and repaired in their
present form.
- d) No enlargement, additions, or reconstruction of a non-conforming use, building, or structure shall be undertaken, except in accordance with the provisions of this Bylaw.
- e) No existing use, building, or structure shall be deemed to be non-conforming by reason only of the conversion of this Bylaw form the imperial system of measurement to the metric system of measurement.
## 3.14 ACCESS AND APPROACHES
- a) A development permit shall not be issued unless the site has frontage on a graded, registered road, or unless a satisfactory development levy or servicing agreement has been made with Council for the improvement or construction of a road.
- b) All new approaches to public roads require the approval of the Municipality. All approaches shall be constructed in accordance with the design and engineering standards of the Municipality.
- c) The Development Officer shall decide upon all approach applications and may approve or refuse an application for an approach based on: location, traffic flow, drainage, sight lines, road standards and safety considerations.
- d) To provide for the safety of the travelling public, the number of approaches from a highway or municipal road should be limited. Parcels within a subdivision may be required to have access from an internal subdivision road or service road.
## 3.15 SIGHT TRIANGLE
- a) In all zoning districts, no building, structure, earth pile, vegetation, etc. shall obstruct the view of drivers within a sight line triangle.
- i. Where a tree is located in a required sight triangle, the foliage and branches shall be removed to a height of 2.0 metres (6.56 feet) from ground level.
- ii. Hedges, shrubs and fences shall not exceed 1.0 metre (3.28 feet) in height from ground level.
- iii. If, in Council's opinion, an object or vegetation within a required sight triangle could obstruct the view of traffic, Council may require the landowner to remove, relocate or trim the obstruction at the landowner's expense.
5. iV. Signs, public mailboxes, or other objects administered by the local, provincial, or federal government are exempt from requirements, provided they do not pose a threat to public safety.
- b) The sight triangle area shall be measured by connecting straight lines, which are measured from the intersection of centrelines of the roadways to points established along these centrelines.
- c) Unless greater distances are required by the Ministry of Highways and Infrastructure, a railway
company, or as a result of topographical constraints, sight triangle setbacks shall be as follows:
- i. Provincial highways - 90 metres (295.3 feet)
2. Municipal grid roads and/or railways - 90 metres (295.3 feet)
- iii. Local streets - 5 metres (16.4 feet)
Figure 3-1
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## 3.16 DEVELOPMENT IN PROXIMITY TO HIGHWAYS
- a) Where a proposed development or subdivision is in proximity to a provincial highway, the application shall be referred to the Ministry of Highways and Infrastructure for review and comment. Setbacks from a provincial highway shall be as per the requirements of the Ministry of Highways and Infrastructure.
## 3.17 IRREGULARLY SHAPED LOTS
- a) The lot frontage on irregularly shaped lots shall be measured at a location setback from the midpoint of the front chord line at a distance equal to the minimum front yard setback.
- b) On pie-shaped lots, where the rear site line is comprised of the intersection of the two side site lines, the distance of the rear yard setback shall apply to one of the side site lines, the side yard setback shall apply to the other side site line.
## 3.18 SIGNS AND BILLBOARDS
- a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
- b) Subject to the requirements specific to each zoning district, temporary signs providing for a sale,
a lease, a sale of produce or other information relating to a temporary condition affecting the property will be permitted for as long as the condition exists.
- c) In any residential zoning district:
- i. The facial area of any permanent sign shall not exceed 0.4 square metres (4.3 square feet).
- ii. Only one on-site sign shall be allowed to advertise a home-based based. The facial area of a sign for a home-based business shall not exceed 0.4 square metres (4.3 square feet).
- iii. The facial area of any temporary sign shall not exceed 1 square metre (10.8 square feet).
- iv. The maximum height of a sign shall be 2 metres (6.6 feet).
- d) In all other zoning districts:
- i. The facial area of any permanent sign shall not exceed 4 square metres (43 square feet).
- ii. The facial area of any temporary sign shall not exceed 1 square metre (10.8 square feet).
## 3.19 OUTDOOR STORAGE
- a) The outdoor storage or collection of goods and materials is prohibited in any front yard. Goods and items may be displayed in the front yard of a commercial use for a limited time, provided the area is neat and orderly.
- b) Outdoor storage is allowed in the rear yard provided the goods or material being stored are clearly accessory and incidental to the principal use of the property.
- c) Council may apply special standards for the location, setback, or screening of any area devoted to the outdoor storage of vehicles, including vehicles, parts of vehicles, or equipment and machinery normally used for the maintenance of the property.
- d) No more than one (1) vehicle, including boats, recreational vehicles, etc., that is not in running order shall be stored on any site, unless it is within a fully enclosed building.
- e) Boats, recreational vehicles, etc. that are still in use may be stored on a site provided they are entirely within the lot boundaries.
## 3.20 DEVELOPMENT IN PROXIMITY TO RAILWAYS
- a) Subject to requirements from the railway company, where any public street crosses a railway at the same grade, no building or structure shall be erected within 46.0 metres (150.92 feet) of the point of intersection of the centrelines of the railway and the street.
- b) New developments shall consider the Guidelines for New Development in Proximity to Railway Operations document, which was prepared for the Federation of Canadian Municipalities and the Railway Association of Canada. Council shall require the guidelines contained within the document to be applied to new developments.
- c) Consultation with the rail line company may be required for any new or expanding development
proposed within 100 metres of a rail line or railway operation. Consultation shall address or determine:
- i. The location of the site in relation to the rail corridor;
- ii. The nature of the proposed development;
- ill. The frequency, types, and speeds of trains travelling within the corridor;
- iv. The potential for expansion of train traffic within the corridor;
- V. Any concerns the rail line company may have with the new development or with specific uses proposed for the new development;
- vi. The ability to implement standard mitigation measures on the site;
- vii. Any suggestions for alternate mitigation measures that may be appropriate for the site;
- viii. Proposed storm water management and drainage; and
- ix. The requirements to be applied to the project.
- d) Any safety measures, nuisance mitigation measures, or other requirements of the rail company shall be a condition of development permit approval. The developer shall be responsible for any costs associated with such requirements.
- e) As a condition of development permit approval, Council may require any additional safety measures or nuisance mitigation measures deemed necessary to protect public and environmental safety and to prevent land use conflicts.
- f) Safety measures and nuisance mitigation measures may include, but shall not be limited to: separation distances, berms, soundproof and privacy fencing, and landscaping.
## 3.21 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
- a) Any development involving pipeline and/or power line transmission rights-of-way shall comply with all relevant federal and provincial legislation. Setbacks from pipelines and other utility corridors shall be in accordance with the appropriate provincial Acts and regulations or directives established by crown corporations. The Land Use Planning for Pipelines publication by the Canadian Standards Association (CSA) PLUS663 will be used as a guide for the development of new pipelines and for proposed development in proximity to existing pipelines.
- b) The National Energy Board has designated a setback area of 30.0 metres (98.43 feet) on either side of a pipeline in which, subject to exceptions for such things as normal agricultural activities, anyone proposing to conduct a ground disturbance/excavation must:
- i. Ascertain whether a pipeline exists;
- ii. Notify the pipeline company of the nature and schedule of the excavation; and
111. Conduct the excavation in accordance with such regulations.
## 3.22 CONCEPT PLANS
- a) A concept plan may be required as part of an application for a phased development, multi-parcel subdivision, a development that involves multiple principal buildings, or an amendment to the planning bylaws. The purpose of the concept plan is to identify and address potential social, environmental, health and economic issues and to encourage the development of high quality residential, recreational, commercial, and industrial developments. The scope and required detail of the plan will be based on the scale and location of the proposed development, and address such areas as the following:
- i. Proposed land use(s) for various parts of the site;
- ii. The effect on adjacent land uses and integration of the natural landscape regarding the planning and design of the area;
- ili. The location of, and access to, major transportation routes and utility corridors;
- iv. The provision of services respecting the planning for future infrastructure within the municipality (water, sewer, power, gas, etc.);
- V. Sustainable development and environmental management practices regarding surface and groundwater resources, storm water management, flooding and protection of significant natural areas such as drainage plans;
7. Appropriate information specific to the particular land use (residential, commercial or industrial).
- b) The concept plan must comply with the overall goals and objectives of the official community plan.
- c) Council shall not consider any development application until all required information has been received. The responsibility for undertaking all technical investigations and hosting public meetings as required shall be borne solely by the applicant.
## 4 CRITERIA AND STANDARDS FOR SPECIFIC USES
## 4.1 GENERAL CRITERIA FOR DISCRETIONARY USES
- a) The following criteria shall be considered in the review of all discretionary use applications:
- i. The proposal must comply with all relevant sections of the Official Community Plan and this Bylaw.
- ii. There should be a demand for the proposed use in the general area, and a supply of land available, and capable of supporting the proposed use.
- iii. It must be cost-effective to provide the needed services to the proposed development, including but not limited to roads, water, sewer, and other necessary utilities and community facilities.
- IV. The proposal shall not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity nor shall it be injurious to property, improvements, or potential future development in the vicinity.
- v. The proposal shall be carried out with a high regard for environmental protection and public safety.
- vi. Vehicle access points and internal traffic and pedestrian routes shall be provided in suitable locations, so as to minimize traffic congestion and possible hazards.
- vii. The density, size, height, and location of principal or accessory structures shall not detract from the character and amenity of the neighbourhood.
- viii. Council may attach special standards and conditions to the development permit to regulate sound, light, glare, heat, dust, electrical interference, traffic, and emissions, if in Council's opinion, it would detract from the amenity of the neighbourhood.
## 4.2 HOME-BASED BUSINESSES
- a) Home-based businesses shall only be permitted in single detached, semi-detached, duplex, townhouse, and mobile homes, or associated accessory buildings.
- b) The home-based business shall be secondary to the residential principal use of the site.
- c) Equipment or processes used in the business shall not create dust, noise, vibration, glare, fumes, odour, or pollution that is detectable at or beyond the property lines of the lot on which the homebased business is located.
- d) The home-based business shall not cause a significant increase in off-site parking or traffic.
- e) Home-based businesses shall not create any conflict with surrounding residential uses, nor shall they endanger the public.
6. ) Except as specified in the required development permit, no variation in the residential character
and appearance of the principal dwelling, accessory buildings, or land shall be permitted.
- g) All development permits issued for home-based businesses shall be subject to the condition that the permit may be revoked at any time if, in the opinion of the Council, the conditions under which the permit was originally issued are no longer met.
- h) Any increase in the operation as originally approved shall require a new permit approval.
- i) No heavy construction, industrial equipment or supplies shall be stored outdoors on any site for a home-based business.
## 4.3 BED-AND-BREAKFAST HOMES
- a) Bed-and-breakfast operations shall be accessory to a residential use. Bed-and-breakfast operations shall be located in a single detached dwelling, used as the operator's principal residence; or located in a building accessory to and established on the same site as the host principal residence.
- b) If required, vacation farms and bed-and-breakfast operations, shall be licensed by the Saskatchewan Health Authority.
- c) As a condition of permit approval, Council may apply special standards to limit the number of rooms, cabins, or camping spaces that may be permitted in conjunction with the operation.
## 4.4 FENCES AND HEDGES
## 4.4.1 GENERAL
- a) Fences and hedges shall be located entirely within the site lines of the property.
- b) Screening devices shall not be placed within a sight triangle required by this Bylaw, a development permit, or a municipal or provincial regulatory body.
- c) Razor wire and barb wire fences are prohibited.
- d) Screen fences shall be consistent with and complementary to the quality of building design and materials of the principal building.
## 4.4.2 RESIDENTIAL DISTRICTS
## a) Lots Abutting a Lake:
- i. With the exception of trees or retaining walls required to stabilize the slope, no fence, hedge, or screening device shall exceed 1.2 metres (3.96 feet) in height if placed within a required rear yard (yard abutting the lake).
- il. With the exception of trees, no fence, hedge, or screening device shall exceed 2.0 metres (6.6 feet) in height if placed within a required front (yard abutting the road) or side yard.
## b) Lots not Abutting a Lake:
- i. With the exception of trees or retaining walls required to stabilize the slope, no fence, hedge, or screening device shall exceed 1.2 metres (3.96 feet) in height if placed within a required front yard.
2. Il. With the exception of trees, no fence, hedge, or screening device shall exceed 2.0 metres (6.6 feet) in height if placed within a required rear or side yard.
- c) The height restrictions listed above shall not apply where a fence of at least 1.8 metres (6 feet) is required to enclose a yard containing a swimming pool.
## 4.5 TRAILERS, MODULAR, AND RTM (READY-TO-MOVE) HOMES
## 4.5.1 Recreational Vehicle
- b) Recreational vehicles will be governed under Bylaw 01-2025 The RU LICENSING BYLAW.
- a) Definition: Recreational Vehicle - abbreviated as RV which includes a travel trailer, motor home, fifth wheel or park model.
## 4.5.2 MODULAR AND RTM HOMES
- a) Where a modular or RTM home is used as the principal dwelling, the unit shall be securely attached to a permanent engineered foundation prior to occupancy.
- b) Every modular and RTM home shall bear the applicable CSA certification.
- c) The undercarriage of all modular homes shall be completely screened from view by the foundation, skirting or other means that is of a manufactured, or similar type, in order to harmonize visually with the unit. This foundation or skirting shall permit the circulation of air beneath the unit.
- d) The total area of all subsequent additions to the dwelling unit shall not exceed 50% of the area of the original mobile/modular home.
- e) The dwelling unit shall be connected to all required utilities and services.
- a) Guest cottages shall be accessory to a principal residential dwelling.
## 4.6 GUEST COTTAGES - also referred to as "BUNKIES"
- b) There may be no more than three (3) guest cottages per site. Each Guest Cottage must meet the required setbacks as per Zoning Bylaw Site Standards Tables. 27
- c) May contain a toilet and washing facilities, which are separate from the principal dwelling of the site, but these facilities may only be connected to the sewage disposal system of that dwelling once the system and connection has been approved by the Saskatchewan Health Authority.
- d) Guest cottages shall not contain any cooking facilities.
## 4.7 DAYCARE CENTRES AND PRESCHOOLS
- a) Daycare centres may be approved as a principal use or as accessory to a residential principal use. Preschools shall only be approved as a principal use.
- b) In any residential district, no exterior alterations shall be undertaken to a dwelling, or former dwelling, which would be inconsistent with the residential character of the building or property.
- c) Daycare centres and preschools shall comply with all provincial requirements and regulations.
- d) Private in-home daycares shall be restricted to a maximum of six children, subject to provincial legislation and requirements.
- e) Preschools and daycare centres for children, which are located in a residential district, shall provide a fenced, on-site, outdoor play area.
## 4.8 RESIDENTIAL CARE HOMES
- a) Residential care homes shall be clearly incidental and secondary to a principal residential use.
- b) No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders or lodgers.
- c) The use shall be conducted entirely within the dwelling unit and there shall not be any exterior evidence of a secondary use, with the exception of signs subject to subsection 3.16 of this bylaw.
- d) Parking for the residential care home shall be provided on site.
## 4.9 SWIMMING POOLS
- a) All swimming pools and related appurtenances shall be setback a minimum of 1.5 metres (5 feet) from the front, side, and rear site lines and the principal building.
- b) Any maintenance equipment including heating, filtering, disinfectant, and re-circulation equipment shall not be located within 1.5 metres (5 feet) from the site lines, and shall be effectively screened and enclosed so as to not adversely affect the character of surrounding properties.
- c) For the protection of the general public, all swimming pools shall be completely enclosed by a fence of at least 1.8 metres (6 feet) in height. The fence may surround all or a portion of the surrounding yard, or the pool only. Any openings in the fence shall have a gate with an automatic or manual locking device affixed in such a manner so as to prevent the entry of small children.
Hot tubs, as defined by this Bylaw, may be exempt from the requirement for a safety fence provided the hot tub is securely covered with a locking lid.
- d) Lights for the illumination of swimming pools shall be designed, constructed, and maintained so that no direct ray shall cross any property line.
- e) Equipment which may result in the emission of noise, vibrations, dust, odours, or which would otherwise be considered obnoxious or dangerous to the health and safety of the public, shall not be allowed.
## 4.10 PUBLIC COMMUNICATION TOWERS
- a) The Resort Village will consult with Industry Canada determine a suitable location for new communication towers. In determining a suitable site, Council shall consider:
- i. Public safety;
- ii. Availability of land for the proposed communication tower;
- iii. The compatibility of neighbouring land uses;
- iv. Height of the Tower; and
- v. Costs associated with construction of the tower and related infrastructure.
## 4.11 INDIVIDUAL SOLAR ENERGY GENERATORS
- a) Solar energy generators, whether freestanding or attached to a principal or accessory building, shall be permitted in all zoning districts, subject to the following:
- i. In any district, such structures, if freestanding, shall not exceed a height of 10.0 metres (32.8 feet) above ground level.
- ii. In any district, such structure, if attached to a principal or accessory building, shall not exceed the maximum height allowed in the zoning district.
## ZONING DISTRICTS
## 5.1 DISTRICTS OVERVIEW
For the purpose of applying this Bylaw, the Municipality is divided into the following zoning districts.
Table 5-1
| Zoning District | Symbol |
|------------------------------------|----------|
| Low-Density Residential | R1 |
| Restricted Residential Development | R2 |
| Medium-Density Residential | R3 |
| Recreational | REC |
| Future Urban Development | FUD |
## 5.1.1 DISTRICT BOUNDARIES
The boundaries of the zoning districts are shown on the map entitled, Resort Village of Grandview Beach Zoning District Map. As shown on the map, the boundaries of the districts are contiguous with parcel boundaries, centerlines of streets, lanes, roads or such lines extended, and municipal boundaries.
## 5.1.2 ZONING DISTRICT MAP
The Zoning District Map, attached to and forming part of the Zoning Bylaw, identifies the locations and boundaries of the various zoning districts within the RM.
The Zoning District Map identifies the general locations of lands that may be environmentally sensitive or hazardous. This map is to be used as a guide, as it shows the general areas of flood or slump prone land based on data obtained at the time of adopting the bylaws. Developers may be required to obtain additional information in the way of professional studies or site assessments in order to determine specific site information.
## 5.1.3 REGULATIONS
Regulations for the zoning districts are outlined in the following sections:
## 5.2 R1 - LOW-DENSITY RESIDENTIAL DISTRICT
The purpose of the RI - Low-Density Residential District is to accommodate primarily single-family residential dwellings on medium-sized lots.
## 5.2.1 PERMITTED USES
- a) One principal dwelling, which may include a single detached dwelling, modular home, RTM, or
- b) Parks, playgrounds, public recreational facilities, and related uses
- c) Municipal uses and facilities
- d) Public works and utilities, excluding solid and liquid waste disposal
- e) Home offices
5. f Schools, libraries, and cultural uses
- g) Churches and religious institutions
- h) Private solar energy systems where attached to a principal or accessory building
- i) Accessory uses, buildings, and structures
- j) Guest cottages
- k) Trailer coach(es) used as temporary accommodation
## 5.2.2 DISCRETIONARY USES
- a) Daycares and residential care homes
- b) Home-based businesses
- c) Bed and breakfast homes
## 5.2.3 SITE STANDARDS
Table 5-2
| Principal Buildings | Principal Buildings |
|-----------------------------------------|-----------------------|
| Minimum site area | 600 sq m (6458 sq ft) |
| Minimum frontage | 15 m (50 ft) |
| Minimum front yard | 6 m (20 ft) |
| Minimum side yard | 2. 44m ( 8ft.) |
| Minimum rear yard | 3 m (10 ft) |
| Minimum footprint of principal dwelling | 60.4 sq m (650 sq ft) |
| Maximum building height | 6.7 m (22 ft) |
Table 5-3
| Accessory Structures and Buildings | Accessory Structures and Buildings |
|--------------------------------------|--------------------------------------|
| Minimum side and rear yard | 1.5 m (5 ft) |
| Minimum front yard | 6 m (20 tt) |
| Maximum building height | 6.7 m (22 ft) |
Table 5-4
No minimum site standards, provided the safety and amenity of the area is maintained.
## Public Parks, Municipal Uses, Government Facilities, and Public Utilities
## 5.3 R2 - RESTRICTED RESIDENTIAL DEVELOPMENT DISTRICT
The purpose of the R2 - Restricted Residential Development District is to allow for the continuation of the existing residential use and density of development on leased lots, which are owned by the Resort Village. Council's lease agreement may include additional requirements for the use of lands within this zoning district, including the use of the easement registered by the Municipality, which shall be kept clear of private property or improvements. This zoning district shall not be applied to any other lands within the Resort Village.
New residential development and accessory structures may be considered, provided it can be demonstrated that the site is safe and suitable for the proposed development. The subdivision of new residential sites will be discouraged.
## 5.3.1 PERMITTED USES
- a) Single detached dwellings, modular homes, RTMs, and trailer coaches
- b) Home offices
- c) Public works and utilities, excluding solid and liquid waste disposal
- d) Private solar energy systems where attached to a principal or accessory building
- e) Accessory uses, buildings, and structures
6. f Renovations, replacements, or improvements to existing structures, where necessary to maintain safety and the integrity of the building
- g) Guest cottages
## 5.3.2 DISCRETIONARY USES
- a) Home-based businesses
## 5.3.3 SUBDIVISION AND SITE STANDARDS
- a) The parcel sizes and frontages existing at the time of adoption of this Bylaw shall be considered conforming with respect to site area/size.
Table 5-5
| Principal Uses | Principal Uses |
|-----------------------------------------|----------------------------------------------------------------------|
| Minimum front yard | 6 m (20 ft) |
| Minimum side yard | 1.5 m (5 ft) |
| Minimum rear yard | 1.5 m (5 ft) |
| Minimum footprint of principal dwelling | The building footprints of existing buildings shall not be exceeded. |
| Maximum building height | 6.7 m (22 ft) |
## Table 5-6
Table 5-7
| Accessory Structures and Buildings | Accessory Structures and Buildings |
|--------------------------------------|--------------------------------------|
| Minimum side and rear yard | 1.5 m (5 ft) |
| Minimum front yard | 6 m (20 ft) |
| Maximum building footprint | 9.3 sq m (100 sq ft) |
| Maximum building height | 6.7 m (22 ft) |
No minimum site standards, provided the safety and amenity of the area is maintained.
## Municipal Uses and Public Utilities
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## 5.4 R3 - MEDIUM-DENSITY RESIDENTIAL DISTRICT
The purpose of the R3 - Medium-Density Residential District is to allow for smaller site areas and larger building footprints.
## 15.4.1 PERMITTED USES
- a) One principal dwelling, which may include a single detached dwelling, modular home, or RTM but does not include mobile homes or trailer coaches
- b) Municipal uses and facilities
- c) Public works and utilities, excluding solid and liquid waste disposal
- d) Public parks, playgrounds, day use picnic areas, and public recreational facilities
- e) Accessory uses, buildings, and structures
- f) Home offices
- g) Trailer coach(es) used as temporary accommodations
- h) Guest cottages
## 5.4.2 DISCRETIONARY USES
- a) Daycare and residential care homes
- b) Daycare centres, as a principal use or ancillary to a residential use
- c) Bed-and-breakfast homes
- d) Home-based businesses
## 15.4.3 SITE STANDARDS
Table 5-8
| Principal Buildings | Principal Buildings |
|-----------------------------------------|-----------------------|
| Minimum site area | 540 sq m (5812 sq it) |
| Minimum frontage | 15 m (50 ft) |
| Minimum front yard | 6 m (20 ft) |
| Minimum side yard | 1.5 m (5 ft) |
| Minimum rear yard | 3 m (10 ft) |
| Minimum footprint of principal dwelling | 78.95qm (850 5g, f+) |
| Maximum building height | 6.7 m (22 ft) |
<!-- formula-not-decoded -->
Table 5-9
| Accessory Structures and Buildings | Accessory Structures and Buildings |
|--------------------------------------|--------------------------------------|
| Minimum side and rear yard | 1.5 m (5 ft) |
| Minimum front yard | 6 m (20 ft) |
| Maximum building height | 6.7 m (22 ft) |
Table 5-10
## Public Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained.
## 15.4.4 SUPPLEMENTARY REGULATIONS
## |5.4.4.1 TEMPORARY ACCOMMODATIONS
- a) Accommodation during construction (trailer coach): One mobile home or trailer coach may be used as a temporary accommodation during the construction of a principal dwelling on the site. provided:
2. A development permit and/or building permit has been issued for the new dwelling and the temporary accommodation;
- ill. The mobile home or trailer coach shall meet the applicable CSA standards and shall bear the CSA certification; and
- ii. The mobile home or trailer coach shall be securely anchored but shall not be placed on a permanent foundation so as to allow removal;
- iv. The temporary accommodation shall be removed as per the conditions set out in the development permit.
## 5.4.5 PRINCIPAL USE ESTABLISHED
- a) In the R3-Medium-Density Residential District, the principal building must be established prior to any accessory buildings, structures, or uses. Temporary structures used for construction may be permitted prior to the establishment of the principal building.
## 5.5 REC - RECREATIONAL DISTRICT
The purpose of the REC - Recreational District is to provide for the development of parks, open space, and other recreational amenities for the use and enjoyment of the public.
## 5.5.1 PERMITTED USES
- a) Public parks, playgrounds, picnic areas, and sports fields
- b) Public marinas, boat docks, and boat launches
- c) Hiking trails
- d) Beaches and public access to the shoreline
- e) Municipal uses and facilities
- f) Public works and utilities, excluding solid and liquid waste disposal
## 5.5.2 DISCRETIONARY USES
- a) Cafés and restaurants, licensed or unlicensed
- b) Retail stores, grocery stores, convenience stores, liquor sales, and similar small-scale commercial uses
## 5.5.3 SITE STANDARDS
## Table 5-11
| Principal Uses | Principal Uses | Principal Uses |
|--------------------|-------------------------------------------------------|------------------|
| Minimum site area | Public recreational uses As needed by the development | |
| | 278 sq m (2992 sq ft) | |
| Minimum frontage | 15 m (50 ft) | |
| Minimum front yard | 6 m (20 ft) | |
| Minimum side yard | 3 m (10 tt) | |
| | 6 m (20 ft) | |
Minimum rear yard
## Table 5-12
Public Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained
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## 5.6 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
The purpose of the FUD - Future Urban Residential District is to reserve unsubdivided and undeveloped land within the Resort Village to be used for future development proposals.
## 5.6.1 PERMITTED USES
- a) Public recreational uses including sports fields, parks, and golf courses
- b) Municipal uses and facilities
- c) Public works and utilities, excluding solid and liquid waste disposal
## 5.6.2 SITE STANDARDS
Table 5-13
| Principal Uses | Principal Uses |
|--------------------|------------------|
| Minimum site area | 1 ha (2.5 acres) |
| Minimum frontage | 15 m (50 ft) |
| Minimum front yard | 6 m (20 ft) |
| Minimum side yard | 1.5 m (5 ft) |
| Minimum rear yard | 3 m (10 ft) |
Table 5-14
Public Parks, Municipal Uses, Government Facilities, and Public Utilities
No minimum site standards, provided the safety and amenity of the area is maintained
## 6 DEFINITIONS
Whenever the subsequent words or terms are used in the Official Community Plan, and this Bylaw, they shall, have the following definition unless the context indicates otherwise.
| Accessory: | A building, structure, or use of a specific site, which is subordinate and exclusively devoted to the principal building, principal structure, or principal use on the same site. |
|------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Act: | The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time to time. |
| Adjacent: | Contiguous or would be contiguous if not for a river, stream, railway, road or utility right-of-way or reserve land; and any other land identified in this Bylaw as adjacent land for the purpose of notifications. |
| Administrator: | The Administrator of the Resort Village of Grandview Beach. |
| Aggregate Resource: | Raw materials including sand, gravel, clay, earth, or mineralized rock found on or under a site. (Also see Mineral Resource) |
| 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 grove sim packins treatinaritoriaried on an of pred of gendal agrin thure but oesnot include cannabis operations. |
| 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 of 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: | A building, structure or use of a specific site which is related in a subsidiary manner to the principal building, principal structure, or principal use of the same site. |
| Applicant: | A developer, landowner, or other person/party applying to the Municipality for a development permit for a permitted or discretionary use under this Bylaw, or a bylaw amendment to the Official Community Plan or Zoning Bylaw, or to an approving authority for subdivision approval under The Planning and Development Act, 2007. |
Auto Wrecker:
Basement:
An area where motor vehicles are disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to the general public.
That portion of a building between two floor levels, which is partly underground and has not more than one-half its height from the finished floor to finished ceiling, above
Bed-and-Breakfast:
Billboard:
Boathouse
Buffer:
Building:
Building Bylaw:
Building Floor Area:
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 travelling public for a charge.
A private free-standing sign, including supporting structures, which advertises goods, products, services, organizations, or facilities that are available from, located on, or refer to, a site other than the site on which the sign is located.
A shed, which is located at the edge or a river, lake, or other body of water, and used for storing boats.
A strip of land, vegetation or land use that physically separates two or more different land uses.
A structure used for the shelter or accommodation of persons, animals, or chattels and includes any structure covered by a roof supported by walls or columns.
The Bylaw of the Resort Village of Grandview Beach regulating the erection, alteration, repair, occupancy, maintenance or demolition of buildings and structures.
The sum of the gross horizontal area of all floors of a building excluding the floor area used for or devoted to mechanical equipment, laundry, storage, swimming pools, and enclosed or underground parking facilities. All dimensions shall be measured between exterior faces of walls or supporting columns, or from the centre line of the walls or supporting columns separating two buildings. For the purpose of this Bylaw, the term 'storage' means the keeping or placing of trunks, luggage or similar articles in a place designed therefore, but shall exclude clothes closets, linen closets, broom cupboards, kitchen and bathroom cupboards of whatsoever nature.
Building Height:
The vertical distance measured from the grade level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof.
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| Building Permit: | A permit, issued under the Building Bylaw of the Resort Village of Grandview Beach authorizing the construction of all or part of any building or structure. |
|----------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Building Principal: | A building in which is conducted the main or primary use of the site on which the said building is situated. |
| Bylaw: | The Resort Village of Grandview Beach's 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 or mobile homes or trailers on a permanent year-round basis. |
| Cannabis | The cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis plant seeds, edible products that contain cannabis, and any other substance defined as cannabis in the Cannabis Act (Canada) and the associated regulations, as amended from time to time and includes edible products that contain cannabis. |
| Chord Line: | A straight-line segment joining two points on a curve. |
| Cluster: | Where design allows for the concentration of development in pockets to preserve ecological areas and other open space while providing lower servicing cost and alternative development patterns. (i.e. housing) |
| Commercial: | The use of land, buildings, or structures for the purpose of buying and selling commodities, and supplying professional and personal services for compensation. |
| Commercial Indoor Storage: | A building or series of buildings comprising multiple storage bays intended for lease or rent by the general public for the purpose of indoor storage of private goods. |
| Community Facilities: | A building or facility used for recreational, social, educational, or cultural activities, and which is owned by a municipal corporation, non-profit corporation, or other non- profit organization. |
|--------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Concept Plan (Comprehensive Development Review): | A land use concept plan for a specific local area that identifies social, environmental, health and economic issues which the proposed development must address. |
| Conservation: | The planning, management, and implementation of an activity with the objective of protecting the essential physical, chemical, and biological characteristics of the environment against. |
| Convenience Store: | A store offering for sale primarily food products, beverages, tobacco, 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 Grandview Beach. |
| Cultural Resources: | Any item a community identifies as important for supporting and expressing their shared values, identity and way of life, and can include community events, community organizations, museums, galleries, libraries, rituals, languages, customs, stories, local arts and crafts, publishing music, and film. |
| Daycare Centre: | Any kind of group daycare programs including eldercare or aged adults, nurseries for educatin Enorkin parents, nurary schols for children sa milian agrans covering after school care for school children provided such an establishment is approved by the provincial government and conducted in accordance with provincial requirements. |
| Development: | The carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use of any building or land, the moving of any building or structure onto land, the moving of a mobile home or trailer coach onto land, and the opening or stripping of land for the purpose of removing therefrom sand, gravel or other aggregate resources. |
| Development Agreement: | The legal agreement between a developer and the Municipality which specifies the obligations and the terms and conditions for the approval of a development pursuant to section 172 of The Planning and Development Act, 2007. |
| Development Officer: | The Administrator shall be the Development Officer, or in his/her absence an employee of the Municipality appointed by the Administrator; or someone appointed by the Council to act as a Development Officer to administer this Bylaw. |
|-----------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Development Permit: | A permit issued by the Council of the Resort Village of Grandview Beach that authorizes development, 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: | A use of land or buildings or form of development that is prescribed as a discretionary use in the Zoning Bylaw; and requires the approval of Council pursuant to Section 56 of The Planning and Development Act, 2007. |
| Distribution Line | Any pipeline, wires or cables and support structures needed to connect end uses to a pumping station, pressure regulator, electrical transformer, telecommunications or computer network facility, or similar utility installation, for the delivery of water, heat, gas, electrical, telecommunications, television, or internet service. |
| Dwelling: | A building or part of a building designed exclusively for residential occupancy. |
| Dwelling Group: | A group of single-detached, semi-detached, or multiple unit dwellings clustered on one lot or site, built as one development. |
| Dwelling, Duplex: | A building divided horizontally into two (2) dwelling units as herein defined. |
| | Dwelling, Multiple Unit: A building containing three or more dwelling units and shall include condominiums, townhouses, row houses, and apartments as distinct from a rooming house, hotel, or motel. |
| Dwelling, Semi- Detached: | A building divided vertically into two (2) dwelling units by a common wall extending from the base of the foundation to the roofline. |
| Dwelling, Single- Detached: | A building containing only one dwelling unit, as herein defined, and occupied or intended to be occupied as a permanent residence, including a RTM when attached to a foundation on the site, but not including a mobile or modular home as defined. |
| Dwelling, Townhouse: | A building, which is divided vertically into three or more dwelling units, each with its own entrance. |
| Dwelling Unit: | A separate set of living quarters, whether occupied or not, containing sleeping facilities, sanitary facilities and a kitchen or kitchen components, but does not include boarding houses or rooming units. For the purposes of this definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances and kitchen tables and chairs. |
|------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Elevation: | The height of a point on the Earth's surface above sea level. |
| Engagement: | An action or process that provides an opportunity for a person or organization, outside of any legal constitutional obligation, to inform, learn from, involve and cooperate with individuals and organizations that are interested in, and may be affected by, potential actions or decisions. |
| Environmental Reserve: | Lands that have been dedicated to the Municipality by the developer of a subdivision as part of the subdivision approval process. Environmental reserves are those lands that are considered undevelopable and may consist of a swamp, gully, ravine, coulee or natural drainage course, or may be lands that are subject to flooding or are considered unstable. Environmental reserve may also be a strip of land, abutting the bed and shore of any lake, river stream or other body of water for the purposes of preventing pollution or providing access to the bed and shore of the water body. |
| Existing: | In place or taking place, on the date of the adoption of this Bylaw. |
| Fill: | Soil, rock, rubble, or other approved, non-polluting waste that is transported and paced on the existing, usually natural, surface of soil or rock, following the removal of vegetation cover, topsoil, and other organic material. |
| Flood: | A temporary rise in the water level that results in the inundation of an area not ordinarily covered by water. |
| Flood Fringe: | The portion of the flood plain where the waters in the 1:500 year flood are projected to be less than a depth of one metre or a velocity of 1 metre (3.28 feet) per second. |
| Flood Plain: | Means the area prone to flooding from a water body or watercourse that comprises the combined area of the flood way and flood fringe. |
| Flood Proofing: | Any combination of structural and non-structural measures, incorporated into the design of a structure to reduce or eliminate 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. |
|--------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Floor Area: | The total area of all floors of a building or structure, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking, unloading areas and all flows below the first or ground floor, except when used or intended to be used for human habitation or service to the public. |
| Free Standing Sign: | A sign, except a billboard, independently supported and visibly separated from a building or other structure and permanently fixed to the ground. |
| Frontage: | The full length of a site measured alongside the road onto which the site fronts. |
| Garage: | 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. |
| Garden Suite: | An additional dwelling unit that is separate from, and secondary to, the principal dwelling on residential land. |
| Geotechnical Assessment: | An assessment or estimation by a qualified expert of the earth's subsurface and the quality and/or quantity of environmentally mitigative measures that would be necessary for development to occur. |
| Golf Course: | A public or private area operated for the purpose of playing golf, and includes a par 3 golf course, club house and recreational facilities, accessory driving ranges, and similar uses. |
| Greenhouse: | A building with glass or clear plastic walls and roof for the cultivation and exhibition of plants under controlled conditions. |
| Greenhouse, Commercial: | A greenhouse that includes a retail aspect and caters to the general horticultural needs of the public for financial gain and may include outdoor storage of landscaping supplies, but does not include the growth of cannabis. |
| Gross Surface Area: | The area of the rectangle or square within which the face of a sign can be completely contained, exclusive of any supporting structure or, where a sign has more than one face or the face of the sign is not flat, the rectangle within which the largest area of the face of the sign in profile can be completely contained exclusive of any supporting structure. |
## Guest Cottage:
Hall:
## Hazard Land:
## Hazardous Substance:
## Hazardous Uses:
Height of the Sign:
## Heritage Property:
## Heritage Resource:
A detached accessory building to be used as a sleeping accommodation, and which is located on the same site as the principal dwelling.
A building or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and may include a banquet hall, private club or fraternal organization.
Means land that is contaminated, unstable, prone to flooding or otherwise unsuited for development or occupation because of its inherent danger to public health, safety, property.
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 to other living organisms.
A development which may generate any of the following characteristics:
- a) Excessive noise, odour, dust, vibration;
- c) Involves dangerous or toxic materials, chemicals, and wastes;
- b) Offensive emissions;
- d) Air, water, or soil pollution;
- e) Land use incompatibility;
6. Reduced public safety, and may include auto-wrecking, fertilizer, asphalt, chemical, and grain handling uses.
The vertical distance measured from the highest point of the sign to grade level at the centre of the sign.
As defined by The Heritage Property Act. Heritage properties may include:
- a) Archaeological objects
- b) Palaeontological objects;
- d) And any site where any object or property mentioned in subclauses a, b, or c is or may be reasonably be expected to be found.
- c) Any property that is of interest for its architectural, historical, cultural, environmental, archaeological, paleontological, aesthetic, or scientific value;
Includes archaeological sites containing cultural objects and features relating to (precontact period) human activities, as well as fur trade and early European settlement and sites, as well as paleontological localities containing the remains of fossil vertebrate and invertebrate animals and plants. Heritage Resources can include Heritage Properties.
| Heritage-Sensitive Land: | Any land, or site, which has been identified, or is likely, to contain heritage resources. |
|----------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Home-Based Business: | A development consisting of the use of a portion of a dwelling unit or residential accessory building for a business by a resident. The business must be secondary to the residential use of the building and shall not change the residential character of the dwelling unit or accessory building. This shall not include the retail of cannabis, vacation rentals (bed-and-breakfasts or vacation farms) or other businesses deemed by Council to pose off-site impacts. |
| Home Office: | An office located within a residence where a resident may carry out work for remuneration but does not meet with clients or customers on-site. The home office shall be secondary to the principal residential use of the site. |
| Hot Tub: | An artificially created basin, lined with concrete, fiberglass, vinyl or similar material, intendes to contain water to be teed mperson for swimming, wading or other similar across the widest portion of the water surface. |
| Hotel/Motel: | A building or buildings or part thereof on the same site used to accommodate the traveling public for gain or profit, by supplying them with sleeping accommodation, with or without meals. |
| Industrial Use: | The use of land, buildings or structures for the manufacturing, assembling, processing, fabrication, warehousing or storage of goods and materials. |
| Institutional Use: | A use of land, buildings or structures for a public or non-profit purpose and without limiting the generality of the foregoing, may include such uses as schools, places of worship, indoor recreation facilities, community centres, and government buildings. |
| Landfill: | A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety. |
| Landscaping: | The provision of horticultural and other related compatible features or materials designed to enhance the visual amenity of a site or to provide a visual screen consisting of any combination of the following elements: |
| Landscaping: | Soft landscaping consisting of vegetation such as trees, shrubs, vines, hedges, flowers, grass and ground cover; and/or |
| Landscaping: | Hard landscaping consisting of non-vegetative materials such as concrete, unit pavers, brick pavers or quarry tile, but does not include gravel, shale, or asphalt. |
Double-Wide Mobile Home
| Land Use Map: | A comprehensive document compiled by a local government that identifies goals and strategies for future development or preservation of land. In its projections, the map specifies certain areas for residential growth and others for agriculture, industry, commercial and conservation. |
|------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Land Use Zoning District: | Divisions identified in the Zoning Bylaw establishing permitted and discretionary uses of land or buildings with attendant regulations. |
| Legal Access: | A lot or parcel shall be considered as having legal access for the purposes of development when the lot or parcel is adjacent to a municipally maintained road, and des pheronage requirements of appropriate Zoning District hosting the |
| Lot: | A parcel of land of a subdivision, the plan of which has been filed or registered in the Land Titles Office. |
| Mayor: | The Mayor of the Resort Village of Grandview Beach. |
| Minimum Distance Separation: | In respect to intensive livestock operations and heavy industrial land uses, the minimum distance separation required in the Zoning Bylaw from non-complementary uses. |
| Minister: | The Minister as defined in The Planning and Development Act, 2007. |
| Mixed Use: | Mixed uses are where one or more compatible uses are on one site or building. Or designated in a particular area, such as commercial and residential mixed with recreation. |
| Mobile Home: | A trailer coach that may be used as a dwelling all year round; has water faucets and and hear ate or a ling in away become sin var tacity bai mayste connected to a sewage system. CSA Number Z240 MH. |
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Mobile Home Park:
Modular Home:
A site under single management for the placement of two or more mobile homes and shall include all accessory buildings necessary to the operation.
A building that is manufactured in a factory as a whole or modular unit to be used as one single dwelling unit and is certified by the manufacturer that it complies with the Canadian Standards Association Standard No. CSA-A277, and is placed on a permanent foundation.
Modular (Manufactured) Home
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Municipality:
Municipal Reserve:
Municipal Road:
Museum:
Natural Areas:
The Resort Village of Grandview Beach.
Dedicated lands:
- a) That are provided to a Municipality pursuant to clause 181(a) of The Planning and Development Act, 2007; or
- b) That were dedicated as public reserve and transferred to a Municipality pursuant to section 191, whether or not title to those lands has been issued in the name of the Municipality.
A public road which is subject to the direction, control and management of the municipality, and includes an internal subdivision road.
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 of artifacts of historical interest.
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.
Natural Resources:
The renewable resources of Saskatchewan and includes:
- a) Fish within the meaning of The Fisheries Act;
- b) Wildlife within the meaning of The Wildlife Act, 1998;
- d) Resource lands and provincial forest lands within the meaning of The Resource Lands Regulations, 1989;
- c) Forest products within the meaning of The Forest Resources Management Act:
- e) Ecological reserves within the meaning of The Ecological Reserves Act; and
- f) Other living components of ecosystems within resource lands, provincial forest lands and other lands managed by the department.
A building:
- a) That is lawfully constructed or lawfully under construction, or with respect to which all required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and
- b) That on the date a Zoning Bylaw or any amendment to a Zoning Bylan tonines effective does nat, or when constructed will nor, comply with the
A site, consisting of one or more contiguous parcels, that, on the date a Zoning Bylaw or any anand men to ania By lay becomes fictite on us tandooris. Bylaw for that use.
Non-Conforming Building:
Non-Conforming Site:
Non-Conforming Use:
A lawful specific use:
- a) Being made of land or a building or intended to be made of land or of a rmits have been issued, at the date a Zoning Bylaw or any amendment to ning Bylaw affecting the land or building becomes effective; al
- b) becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the Zoning Bylaw.
A building or part of a building uses 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.
Office or Office Building:
Open Space:
Passive and structured leisure and recreation areas that enhance the aesthetic quality and conserve the environment of the community. Urban and rural open space includes parks, recreation and tourism nodes, and natural areas.
Parcel
A parcel of land as defined in The Land Titles Act, 2000.
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.
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Park Model Trailer 102
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Park Model Recreational Unit
| Parking: | An open area, other than a street, used for the temporary parking of more than four vehicles and available for public use and the use of employees working on, or from, the site. |
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| PDA: | The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time to time. |
| Permanent Foundation: | The lower portion of a building; usually concrete, masonry, or an engineered wood basement which renders the structure fixed and immobile. |
| 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. |
| Places of Worship: | A place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. |
| Principle (building, structure or use): | The main or primary activity, for which a site or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained |
| Primary Access: | The principal means of vehicular entry to or from a site or building, but shall not include a lane. |
Public Utility:
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 Municipality:
- a) Communication by way of telephone lines, optical cable, microwave, and cable television services;
- b) Delivery of water, natural gas, and electricity;
- d) Collection and disposal of sewage, garbage, and other wastes; and
- c) Public transportation by bus, rail, or other vehicle production, transmission;
- e) Fire and Police Services.
| Public Utility (Linear): | Linear or private utilities including, but not limited to, roads, communication lines, rail, power and natural gas lines and similar linear uses. |
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| Public Utility (Service): | Those non-linear utilities which may potentially conflict with other Land uses, including, but not limited to, airports, microwave or communication towers, wind towers, water reservoirs, sewage lagoons, landfills, gas compressor stations, large electrical transformer stations and similar, potentially conflicting service utilities. |
| Public Works: | A facility as defined under The Planning and Development Act, 2007. |
| Quarter Section: | 64.8 hectares (160 acres) or a lesser amount that remains due to the original township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or transmission line development, or other public utility; or natural features such as water courses or water bodies. |
| Ready-to-Move (RTM) Dwelling: | A new single detached dwelling constructed off-site to National Building Code or CSA-277 standards to be moved onto a new permanent residential site building foundation. |
| Real Estate Signage: | Signage directly associated with the sale of property in which it is located and which maintains a gross surface area of less than 1 square metre (10.76 square feet). |
| Re-designation: | Rezoning |
| Recreational Use: | A public or private facility or amenity, a joint-use site or a park or playground that serves the surrounding neighbourhood or community. |
| Recreational (Commercial): | A public or private facility or amenity, a joint-use site or a park or playground the serves the surrounding neighbourhood with an intent to produce financial gain. |
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Recreational Vehicle:
A vehicle used for personal pleasure or travels by an individual or a family which may or may not be towed behind a principle vehicle. Notwithstanding the generallty of the above may include:
- a) Motor homes
2. Trailer Coaches
- 0) Bos
- d) Snowmobiles
- e) Motorcycles
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Remnant Parcel:
The land remaining and resulting from the subdivision of a source parcel.
Residence:
A single detached dwelling, mobile home or modular home.
Residential:
The use of land, buildings, or structures for human habitation.
Residential Care Home:
A facility which:
- a) Provides meals, lodging, supervisory personal or nursing care to persons who reside therein for a period of not less than thirty days;
- b) Is duly licensed by the Province of Saskatchewan or certified as approved by the Province of Saskatchewan under an Act which provides for such licensing or certification; and
- c) May include only the principal residence of the operator or administrator.
Restaurant:
A building or part of a building wherein food is prepared and offered for sale to the public primarily for consumption within the building. However, limited facilities may be permitted to provide for a take-out food function provided such facility is clearly secondary to the primary restaurant use.
Right-of-Way:
The right of way is 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.
Riparian:
Scale of Development:
The areas adjacent to any streams, rivers, lakes or wetlands.
The total acreage intended to accommodate a country residential or lakeshore subdivision.
| School: | A body of pupils that is organized as a unit for educational purposes under the jurisdiction of a board of education or of the Saskatchewan Ministry of Education and that comprises one or more instructional groups or classes, together with the principal and teaching staff and other employees assigned to such body of pupils, and includes the land, buildings or other premises and permanent improvements used by and in connection with that body of pupils. |
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| Screening or Screening Device: | The use of vegetation, berms, fences, walls and similar structures to visually shield, block or obscure one development from another, or from the public. |
| Secondary Suite: | An additional dwelling unit located within a principal single detached dwelling. |
| Setback: | The distance required to obtain the front yard, rear yard or side yard provisions of this Bylaw. |
| Shipping Container: | A cargo container that is a prefabricated metal container or box constructed for the transportation of goods by ship, train, or highway tractor. (i.e. sea can) |
| 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: | A display board, screen, structure or material having characters, letters or illustrations applied thereto or displayed thereon, in any manner not inside a building and includes the posting or painting of an advertisement or notice on a building or structure. |
| Site: | One or more contiguous surface parcels, as defined under The Land Titles Act, 2000, and used as a unit for the purpose of regulation under this bylaw. |
| Site Area: | The total horizontal area within the site lines of a site. |
| Site Coverage: | The percentage of the site area covered by all the buildings above the ground level. |
| Site Line, Front or Site Frontage: | The boundary that divides the site from the street or road. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear site lines. |
| Site Line, Rear: | The boundary at the rear of the site and opposite the front site line. |
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| Site Line, Side: | A site boundary other than a front or rear site line. |
| Solar Energy System (Private): | A solar energy conversion system consisting of solar panels and associated control or conversion electronics, where the priority and intention is to provide electrical power for use onsite (metred or off-grid). |
| Structure: | Anything that is erected, built or constructed of parts joined together and supported by the soil or any other structure requiring a foundation to hold it erect, but not including pavement, curbs, walks or open-air surfaced areas. |
| 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, businesses, workers, representatives such as Councillors or politicians); community groups (services, interest groups, cultural groups clubs, associations, churches, mosques, temples); or local, state and federal governments. |
| Storey: | The space between the top of any floor and the top of the next floor above it and if there is no floor above it, the portion between the top of the floor and the ceiling above it. |
| Street (Road): | A site owned by the Provincial Crown which provides the principal legal public vehicular access to abutting sites, but shall not include an easement or lane. |
| Street, Arterial: | A street that serves major traffic flows between the principal areas of traffic generation with direct access to adjacent development being limited. |
| Street, Local: | A street providing direct access to abutting properties along its length and not intended to carry through traffic, other than to adjoining streets. |
| Structure: | A combination of materials constructed, located or erected for use, occupancy ornamentation, whether installed on, above or below the surface of land and water. |
| Subdivision: | A division of land, and includes a division of a quarter section into legal subdivisions as described in the regulations made pursuant to The Land Surveys Act, 2000. |
| Swimming Pool: | An artificially created basin, lined with concrete, fiberglass, vinyl or similar material, ntended to contain water to be used by persons for swimming, diving, wading or othe similar activity, which is 600 millimeters or more in depth, and includes pools situatec on top of the ground and hot tubs. |
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| (Tele)Communication Facility: | A structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. |
| Temporary Sign: | A sign which is not permanently installed or affixed in position, advertising a product or activity on a limited basis. |
| Tower: | Any structure used for the transmission or reception of radio, television, telecommunications, mechanical or electrical energy for industrial, commercial, private or public uses, or for the storage of any substance of liquid. |
| Tower Height: | The height above-ground of the fixed portion of the tower, excluding any wind turbine and rotors. |
| Traffic Control Signage: | A sign, signal, marking or any device placed or erected by the Municipality or Saskatchewan Department of Highways and Transportation. |
| Trailer Coach: | Any vehicle used or constructed in such a way as to enable it to be used as a onveyance upon public streets or highways and includes a selt-propelled or non-sell ropelled vehicle designed, constructed or reconstructed in such a manner as wil permit the occupancy thereof as a dwelling or sleeping place for one or more persons. |
| Use: | The purpose or activity for which any land, building, structure, or premises, or part thereof is arranged, designed, or intended, or for which these may be occupied or maintained. |
| Warehouse: | A building used for the storage and distribution of wholesaling of goods and materials. |
| Waste Disposal Facility, Liquid: | A facility to accommodate any waste which contains animal, aggregate 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, not including a waste transfer station or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are typically disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. |
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| Waterbody: | Any location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to, wetlands and aquifers. |
| Watercourse: | A river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any other channel having a bed and sides or banks in which water flows either permanently or intermittently. |
| Watershed: | The land area from which surface runoff drains into a stream, channel, lake, reservoir, or other body of water; also called a drainage basin. |
| Wetland: | Land having the water table at, near, or above the land surface or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by hydric soils, hydrophytes ("water loving") vegetation, and various kinds of biological activity which are adapted to the wet environment. |
| Yard: | The open, unoccupied space on a lot between the property line and the nearest wall of a building and any part of a site unoccupied and unobstructed by a principal building or structure, unless authorized in this Bylaw. |
| Yard, Front: | That part of a site which extends across the full width of a site between the front site line and the nearest main wall of a building or structure. Where a site abuts a lake, the front yard shall be opposite the lakeside of the site. |
| Yard, Rear: | That part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Where a site abuts a lake, the rear yard shall be the lakeside of the site. |
| Yard, Required: | The minimum yard required by a provision of this Bylaw. |
| Yard, Side: | That part of a site which extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure. |