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ZONING BYLAW
No. 2022-6
DECEMBER 2022
The Village of Kenosee Lake
Zoning Bylaw No. 2022-6
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Village of
Kenosee Lake hereby adopts the Zoning Bylaw, identified as Schedule "A" to this Bylaw.
2. The Mayor and Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this Bylaw.
3. The Village's existing Zoning Bylaw (2016) and any amendments thereto is hereby repealed.
4. This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
day of
,
Read a Second Time the
day of
,
Read a Third Time and Adopted the
day of
,
VILLAGE SEAL
Mayor
Administrator
Certified a True Copy of the Bylaw adopted by Resolution of Council
on the
day of
,
.
ZONING BYLAW
VILLAGE OF KENOSEE LAKE
SCHEDULE "A" TO BYLAW No. 2022-6
December 2022
TABLE OF CONTENTS
1.0 INTRODUCTION
1
1.1
Title
1
1.2
Purpose
1
1.3
Scope
1
1.4
Severability
1
1.5
Organization of this Bylaw
1
2.0
ADMINISTRATION
2
2.1
Development Officer & Council
2
2.2
Development Permits
2
2.3
Development Not Requiring a Development Permit
3
2.4
Development Application Requirements
4
2.5
Development Application Procedures
5
2.6
Development Permit for a Temporary Use
6
2.7
Minor Variances
9
2.8
Development Appeals Board
9
2.9
Development Application Evaluation Criteria
10
2.10
Development Application Fees & Advertising
10
2.11
Non-Conforming Uses, Buildings, & Sites
11
2.12
Permits, License, & Compliance with Other Bylaws
11
2.13
Bylaw Enforcement, Offences, & Penalties
11
2.14
Restoration to a Safe Condition
11
3.0
GENERAL REGULATIONS
12
3.1
Prohibited & Noxious Uses
12
3.2
Uses Permitted in All Zoning Districts
12
3.3
Principal Buildings, Structures, & Uses
12
3.4
Accessory Buildings, Structures, & Uses (Garages, Sheds, etc.)
12
3.5
Exceptions to Development Standards
13
3.6
Building Heights
14
3.7
Fences
14
3.8
Retaining Walls
15
3.9
Signage
15
3.10
Off-Street Parking
16
3.11
Outdoor Storage
17
3.12
Landscaping
17
3.13
Site Grading, Levelling, & Drainage
18
3.14
Development on Hazardous or Potentially Flood Prone Lands
18
3.15
Development in Sight Triangles or in Proximity to Provincial Highways
19
3.16
Water, Wastewater, & Waste Disposal
19
4.0
REGULATIONS FOR SPECIFIC USES
20
4.1
Commercial Development
20
4.2
Home-Based Businesses
20
4.3
Secondary, Garden, & Garage Suites
21
4.4
Bed & Breakfasts and Vacation Rentals
22
4.5
Daycares & Preschools
22
4.6
Residential Care Homes
22
4.7
Multi-Unit Dwellings
22
4.8
Modular Dwellings
23
4.9
Shipping Containers
23
4.10
Swimming Pools
24
4.11
Campgrounds & RV Parks
24
4.12
Solar Collectors & Satellite Dishes
24
4.13
Communication Towers
25
4.14
Cannabis
25
5.0
ZONING DISTRICTS
26
5.1 Classification of Zoning Districts
26
5.2
The Zoning District Map
26
5.3
Boundaries of Zoning Districts
26
5.4
Zoning District Schedules
26
6.0
RESIDENTIAL | R1
27
7.0
COMMERCIAL | C1
30
8.0
COMMUNITY SERVICE | CS
33
EXHIBIT A: DEFINITIONS
EXHIBIT B: ZONING DISTRICT MAP
Zoning Bylaw
Village of Kenosee Lake | 1
1.0 INTRODUCTION
Under the authority provided by The Planning and Development Act, 2007 (The Act), the Council
of the Village of Kenosee Lake, in the Province of Saskatchewan, in open meeting hereby
enacts as follows:
1.1
TITLE
This Bylaw No. 22-XX shall be known and may be cited as the Zoning Bylaw of the Village of
Kenosee Lake (The Village).
1.2
PURPOSE
The purpose of this Bylaw is to regulate land use and development within the Village in
accordance with the Village of Kenosee Lake Official Community Plan Bylaw No. 2022-5 (OCP).
1.3
SCOPE
Development shall be permitted within the limits of the Village only when in conformity with
the provisions of this Bylaw subject to the right of appeal provisions of The Act.
1.4
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 other provisions or parts
of the provisions of this Bylaw.
1.5
ORGANIZATION OF THIS BYLAW
1.5.1
Administration
The application requirements, processes, and evaluation criteria for all types of
development applications are contained in Section 2.0.
1.5.2
Regulations
General regulations that apply to all forms of development are contained in Section 3.0
while additional regulations that apply to specific uses are contained in Section 4.0.
1.5.3
The Zoning District Schedules and Map
The Zoning District Schedules and Map are explained in and follow Section 5.0.
1.5.4
Definitions
The definitions contained in Exhibit A shall apply to both this Bylaw and the OCP.
1.5.5
Interpretation
(a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
(b) All measurements in this Bylaw shall be based on the stated metric units. The imperial
units shown in this Bylaw shall be approximate guidelines for reference.
Zoning Bylaw
Village of Kenosee Lake | 2
2.0 ADMINISTRATION
2.1
DEVELOPMENT OFFICER & COUNCIL
2.1.1
Development Officer
The Administrator of the Village of Kenosee Lake shall be the Development Officer
responsible for the administration of this Bylaw. The Development Officer shall:
(a) Receive, record, and review development permit applications.
(b) Issue a decision on development permits for permitted uses.
(c) Assist Council with issuing a decision on discretionary uses, zoning amendments, OCP
amendments, and development and servicing agreements.
(d) Administer any Public Notification process as required by this Bylaw or any other Bylaw
adopted by the Village.
(e) Collect development application fees according to the fee schedule established in this
Bylaw or any other Bylaw adopted by the Village.
(f) Maintain for inspection by the public during regular office hours, a copy of this Bylaw,
the Zoning District Map, and any amendments.
(g) Perform other duties as determined by Council.
2.1.2
Council
The Village of Kenosee Lake Council shall:
(a) Issue a decision on discretionary uses, zoning amendments, OCP amendments, and
development and servicing agreements in accordance with The Act, the OCP, and this
Bylaw.
(b) Review all proposed subdivision applications received from the Saskatchewan Ministry
of Government Relations, and endeavour to submit, to the Ministry, a recommendation
within the prescribed time period.
2.2
DEVELOPMENT PERMITS
2.2.1 No person shall commence a new use or undertake development, including repairs and
renovations involving structural alterations, without first obtaining a development permit,
unless exempt under Section 2.3.
2.2.2 A development permit shall not be issued for any structure or use in contravention of any
provisions of this Bylaw or the OCP, except as provided in an appeal pursuant to The Act.
2.2.3
Frontage on Road
A development permit shall not be issued unless the site abuts or has frontage on a public
road.
2.2.4
Building Permit
A building permit shall not be issued in accordance with the Village Building Bylaw unless a
development permit, where required, has also been issued. Applications for a development
permit and building permit may be reviewed concurrently.
Zoning Bylaw
Village of Kenosee Lake | 3
2.2.5 Development Permit Validity
A development permit is valid for a period of 12 months. This period may be extended by
the Development Officer before the development permit expires for an additional 12
months if requested in writing by the permit holder. A development permit shall be
considered void if:
(a) The use is not commenced while the development permit is valid;
(b) A building permit, if required, is not obtained while the development permit is valid; or
(c) The development or use does not comply with the conditions of the development
permit.
2.2.6 Cancellation of a Development Permit
The Development Officer or Council may cancel a Development Permit if:
(a) It is revealed that the development permit was issued based on false or mistaken
information;
(b) New information is revealed pertaining to the suitability of the site for the specific use or
development; or
(c) The permit holder requests a modification to the original development permit.
2.2.7 Buildings to be Moved
No building shall be moved within or into the Village without the issuance of a development
permit, unless exempt under Section 2.3.
2.2.8 Demolition of Buildings
No building or structure larger than 100 ft2 shall be demolished within the Village without
the issuance of a demolition permit in accordance with the Village Building Bylaw.
2.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
2.3.1
The following developments shall be exempt from development permit requirements, but
shall conform to all other Bylaw requirements:
(a) Any use, building, or structure owned and operated by the Municipality.
(b) Any public work or public utility.
(c) Building maintenance and repairs that do not include structural alterations.
(d) A temporary building or structure where the sole purpose is incidental to the
construction or alteration of a building for which a building permit has been granted.
(e) Accessory buildings and structures equal or less than 9.3 m² (100 ft²) in area though
Section 3.4 of this Bylaw still applies.
(f) Any accessory signs though Section 3.9 of this Bylaw still applies.
(g) Landscaping though Section 3.12 of this Bylaw still applies.
(h) Home offices though Section 4.2 of this Bylaw still applies, except any signage is
prohibited.
(i) Resurfacing of existing driveways on private property, provided the natural or designed
drainage pattern of the site and adjacent properties is not impacted. Major excavations,
filling or drainage alteration shall require a permit.
Zoning Bylaw
Village of Kenosee Lake | 4
2.4
DEVELOPMENT APPLICATION REQUIREMENTS
2.4.1
The requirements included in this Section apply to applications for development permits for
permitted uses and discretionary uses as well as OCP and zoning bylaw amendments.
2.4.2
A development application shall be made, in the prescribed form, to the Development
Officer with the required fees, and should include the following information:
(a) The names, signatures, and contact information of the applicant, the property owner,
and the person who prepared the application and / or supporting material;
(b) The civic address and legal description (lot, block, plan) of the subject property;
(c) A description of the proposed development or use on the subject property;
(d) Estimated commencement and completion dates for construction.
(e) A Site Plan that should include:
i.
A north arrow, the subject site property boundaries and dimensions, and all
adjacent properties, streets, and lanes;
ii.
The location and setback to property line(s) of any existing buildings, structures,
utility poles, underground utilities, easements, and trees;
iii.
The location and size of proposed buildings or structures, including all front, side
and rear yard setback dimensions;
iv.
The location of any entrances or exterior doorways, walkways, and pedestrian
circulation areas;
v.
The location and size of all proposed parking spaces, driveways, vehicle
circulation areas, and loading spaces;
vi.
Landscaping details (existing trees, removal of trees, proposed plantings, berms,
water features, grade elevations, etc.); and
vii.
The location and size of any proposed signs.
(f) Floor plans and building elevations of the proposed development, if applicable;
(g) A drainage or grading plan pursuant to Section 3.13 of this Bylaw if this is not
adequately addressed by the site plan or the geotechnical analysis report.
(h) Any other required information or supporting studies as determined to be relevant by
the Development Officer or Council.
2.4.3
Planning Bylaw Amendment Applications
In addition to the information described in Section 2.4.2 above, applications for zoning
bylaw and OCP amendments shall clearly describe the planning rationale for the map or text
amendment being requested.
2.4.4
Development Application Fees
The required fees for development applications for development permits (permitted and
discretionary), as well as zoning and OCP amendments are outlined in Section 2.10 of this
Bylaw.
Zoning Bylaw
Village of Kenosee Lake | 5
2.5
DEVELOPMENT APPLICATION PROCEDURES
2.5.1
General Development Permit Application Procedures
The following procedures apply to all development applications (see FIGURE 1):
(a) Upon receiving the development application, the Development Officer will examine the
application for conformity with the OCP, this Bylaw, and any other applicable policies,
regulations, or standards.
(b) Prior to making a decision or conducting public notice and referring the application to
Council, the Development Officer may circulate the application to appropriate
government agencies or interested groups for comment.
(c) The applicant shall be notified in writing of the decision on their application and shall be
advised of their right to appeal in accordance with Section 2.8 of this Bylaw and The Act.
(d) A copy of all approved development permit applications involving the installation of
water and sanitary services shall be sent to the Health Authority.
2.5.2
Permitted Use Development Permit Application Procedures (FIGURE 1)
In addition to the general development applications procedures in Section 2.5.1, the
following procedures apply to all development permit applications for permitted uses:
(a) If a person applies for a development permit for a development or use that is permitted
in its zoning district and conforms to all provisions of this Bylaw and the OCP, then the
Development Officer shall issue a development permit.
(b) Performance standards, development standards, or conditions may be applied in
accordance with The Act (s. 62.4), however they must be consistent with the standards or
conditions of this Bylaw.
2.5.3
Discretionary Use Development Permit Application Procedures (FIGURE 1)
In addition to the general development application procedures in Section 2.5.1, the
following procedures apply to all development permit applications for discretionary uses in
accordance with The Act (s. 54-58):
(a) If a person applies for a development permit for a development or use that is listed as a
discretionary use in its zoning district, then the Development Officer shall give public
notice of the application in accordance with The Act (s. 55).
(b) The Public Notice shall be distributed to the assessed owners of property within a
minimum 75 metres of the site of the application and shall indicate the date of the
Council meeting at which the discretionary use application will be considered.
(c) The Development Officer shall prepare a report for Council concerning the discretionary
use application that may contain recommendations for conditions of approval to be
applied in accordance with The Act (s. 56.3 & 62.3) to ensure the development or use
satisfies the development application evaluation criteria in Section 2.9.
(d) Council shall consider the application together with the Development Officer's report
and any written or verbal submissions received from the public before issuing a decision
by Council resolution to either:
i.
Approve the discretionary use application as is;
ii.
Approve the discretionary use application with performance standards,
development standards, or conditions according to The Act (s. 56.3) to ensure the
development or use satisfies the development application evaluation criteria in
Section 2.9; or
iii.
Reject the discretionary use application.
Zoning Bylaw
Village of Kenosee Lake | 6
2.5.4
Planning Bylaw Amendment Application Procedures (FIGURE 2)
In additional to the general development application procedures in Section 2.5.1, the
following procedures apply to all applications for zoning bylaw and OCP amendments:
(a) If a person applies for an OCP amendment or zoning amendment (including a rezoning
of their property), Council may decide to consider the application by passing a resolution
authorizing the Development Officer to proceed with preparing draft bylaws and public
notices, and to authorize the date and time for a required public hearing. If Council
decides not to agree to consider the amendment or rezoning, then the applicant shall be
notified in writing of the decision.
(b) Council shall give the bylaws first reading only and shall publish a public notice of its
intent to amend the OCP or Zoning Bylaw, once a week for two consecutive weeks in
accordance with The Act (s. 207). The first advertisement must be at least two weeks
before the date of the public hearing.
(c) The public hearing shall be held before the second reading by Council. Following the
public hearing, Council may decide to either:
i.
Alter the bylaw to address concerns or objections;
ii.
Approve the bylaw amendment as is; or
iii.
Refuse the application by withdrawing the Bylaw.
(d) If approved, the Development Officer shall send a copy of the OCP or Zoning Bylaw
amendment to the Ministry of Government Relations for review. Any OCP or Zoning
Bylaw amendment requires Ministerial Approval before it can come into effect.
(e) If an application requires both an OCP and Zoning Bylaw amendment, then separate
bylaws are needed, but they may be prepared and reviewed in conjunction.
2.6
DEVELOPMENT PERMIT FOR A TEMPORARY USE
2.6.1
The Development Officer may issue a development permit for a temporary use, with
specified conditions for a specified period of time, to accommodate developments incidental
to approved construction, or other temporary uses deemed appropriate by the
Development Officer and Council.
2.6.2
Every temporary use shall be approved for a specified period of time. Unless otherwise
stated on the development permit or in this Bylaw, a temporary use shall not exceed twelve
(12) months.
2.6.3
Where a development permit for a temporary use has expired, the permit may be renewed:
(a) In the case of a permitted use, at the discretion of the Development Officer
(b) In the case of a discretionary use, at Council's discretion for another period of not more
than twelve (12) months. A permit for a temporary use may not be renewed more than
once in a two (2) year period.
2.6.4
Upon expiration of the period for which the temporary use was approved, the use shall be
discontinued, and all temporary structures removed.
2.6.5
A temporary use must meet all other requirements of this Bylaw.
Zoning Bylaw
Village of Kenosee Lake | 7
FIGURE 1. The Development Permit Application Review Process
Zoning Bylaw
Village of Kenosee Lake | 8
FIGURE 2. The Planning Bylaw Amendment Application Review Process
Zoning Bylaw
Village of Kenosee Lake | 9
2.7
MINOR VARIANCES
2.7.1
Applications for a minor variance shall be made to the Development Officer, who shall
review the application and issue a decision in accordance with The Act (s. 60).
2.7.2
If the application does not injuriously affect neighbouring properties, the Development
Officer or Council may grant a minor variance of up to 10% of any minimum yard setback or
minimum distance between buildings or structures for either a permitted or discretionary
use as specified by this Bylaw.
2.7.3
Council shall be notified of any Minor Variance applications at the next regular Council
Meeting and the Development Officer shall maintain a registry of all minor variance
applications.
2.7.4
Minor variance application fees are outlined in Section 2.10 of this Bylaw.
2.8
DEVELOPMENT APPEALS BOARD
2.8.1
Council shall appoint a Development Appeals Board (DAB) within 90 days of the adoption of
this Bylaw to hear and issue decisions on development appeals in accordance with The Act (s.
213-227).
2.8.2
A person who wishes to make an appeal to the DAB shall do so in writing to the
Development Officer within 30 days of the date of issuance or refusal of a development
permit application.
2.8.3
The DAB has the authority under The Act (s. 219) to allow variances to the standards of this
Bylaw, including standards and conditions specified for a permitted or discretionary use.
2.8.4
The DAB does not have the authority to vary and will not hear appeals based on a decision
by the Development Officer or Council to:
(a) Refuse a use or intensity of use not permitted in a zoning district.
(b) Refuse a discretionary use or intensity of a discretionary use.
(c) Refuse a rezoning of the person's land.
2.8.5
A decision by the DAB may be appealed to the Saskatchewan Municipal Board in accordance
with The Act (s. 226).
2.8.6
Development appeal application fees are outlined in Section 2.10 of this Bylaw.
Zoning Bylaw
Village of Kenosee Lake | 10
2.9
DEVELOPMENT APPLICATION EVALUATION CRITERIA
2.9.1
When evaluating applications for development permits for permitted uses and discretionary
uses, as well as for proposed zoning bylaw and OCP amendments, the Development Officer
and Council shall consider whether such proposals:
(a) Conform with all relevant provisions of the OCP, this Bylaw, and any other applicable
policies and regulations;
(b) Can be economically serviced by community infrastructure including roadways, water
and sewer, solid waste disposal, parks, schools, community facilities, and utilities;
(c) Create no undue burden on Village finances;
(d) Are compatible with neighbouring properties and overall Village land use patterns and
community character;
(e) Can be suitably drained in accordance with Section 3.13 of this Bylaw;
(f) Are suitable for the proposed site and are not detrimental to the health, safety,
convenience, and general welfare of Village residents and visitors;
(g) Provide adequate on-site parking that is designed to minimize congestion and hazards;
(h) Result in no excess traffic, particularly heavy truck traffic, on local roads through
residential areas;
(i) Give consideration to pedestrian safety and convenience both within the site, and in
terms of its connectivity to the surrounding area; and
(j) Provide sufficient landscaping, and wherever possible, shall preserve existing vegetation.
2.10 DEVELOPMENT APPLICATION FEES & ADVERTISING
2.10.1 An applicant of a development application shall pay a fee according to the following
schedule:
(a) Development Permit:
i.
Permitted Use:
$100
ii.
Discretionary Use: $150
(b) Minor Variance:
$50
(c) Development Appeal:
$200
(d) Zoning Amendment:
$300
(e) OCP Amendment:
$300
2.10.2 Costs of Advertising
In addition to the above fees schedule, the applicant shall be responsible for the costs of any
required public advertising in accordance with this Bylaw and The Act.
2.10.3 Professional Application Review
The Development Officer may also require the application to be reviewed by planning,
engineering, legal or other professionals, with the cost of this review to be borne by the
applicant.
2.10.4 Interest and Registration
Council may require development agreements, servicing agreements and other documents
to be registered or caveated against affected lands, to protect municipal and public
interests. The cost of the registration of an interest or caveat will be the responsibility of the
applicant.
Zoning Bylaw
Village of Kenosee Lake | 11
2.11 NON-CONFORMING USES, BUILDINGS, & SITES
2.11.1 Any use of land, building, structure, or site lawfully existing at the time of passing of 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 the provisions of
The Act (s. 88 to 93).
2.11.2 A legally nonconforming use or building pursuant to Section 2.11.1 may be enlarged,
reconstructed, repaired or renovated provided that the element of nonconformity is not
increased and all other applicable provisions of this Zoning Bylaw are satisfied.
2.12 PERMITS, LICENSES, & COMPLIANCE WITH OTHER BYLAWS
2.12.1 In the event of a conflict between this Bylaw and the OCP, the provisions of the OCP shall
prevail.
2.12.2 Nothing in this Bylaw shall exempt any person from complying with any other federal,
provincial, or municipal requirement. Developers are responsible for obtaining all applicable
federal and provincial approvals.
2.12.3 Where the requirements of this Bylaw conflict with those of any other federal, provincial, or
municipal requirement, the more stringent requirement shall apply.
2.13 BYLAW ENFORCEMENT, OFFENCES, & PENALTIES
2.13.1 Pursuant to The Act (s. 242-245), the Development Officer may issue a stop order for
development that contravenes this Bylaw or the standards and conditions specified in a
development permit in order to achieve compliance.
2.13.2 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction
to the penalties set forth in The Act.
2.13.3 Errors and / or omissions by the Development Officer or someone acting under their
direction while administering this Bylaw do not relieve any person from liability for failure to
comply with the provisions of this Bylaw.
2.14 RESTORATION TO A SAFE CONDITION
2.14.1 Nothing in this Bylaw shall prevent the strengthening, or the restoration to a safe condition,
of any building or structure, provided such strengthening or restoration will not increase the
height, area or volume so as to contravene the provisions of this Bylaw.
2.14.2 Repairs, renovations, and restorations shall be subject to development permit requirements
if the building use, size, or setbacks are proposed to change.
Zoning Bylaw
Village of Kenosee Lake | 12
3.0 GENERAL REGULATIONS
3.1
PROHIBITED & NOXIOUS USES
3.1.1
Prohibited Uses
Any land use, unless exempt under Section 3.2 below or elsewhere in this Bylaw, that is not
listed as either permitted or discretionary in its current zoning district shall be prohibited
and will not be accommodated without an amendment in accordance with Section 2.5.4.
3.1.2
Noxious Uses
No land shall be used for any purpose that is noxious without appropriate mitigation
measures that ensure the health and well-being of people and the environment are
protected.
3.2
USES PERMITTED IN ALL ZONING DISTRICTS
3.2.1
Nothing in this Bylaw shall prevent the use of any land for:
(a) A public street or public park; and/or
(b) Municipal facilities and public utilities, excluding solid and liquid waste disposal sites.
3.2.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or
signal, or any sign or notice of any local or other government department or authority.
3.3
PRINCIPAL BUILDINGS, STRUCTURES, & USES
3.3.1
Only one principal building or use shall be permitted on any one site except the following in
accordance with all applicable provisions of this Bylaw: parks; schools; public recreation
facilities; and municipal facilities.
3.3.2
In any zoning district, the principal use of the land must be established prior to the
establishment of any accessory buildings, structures, or uses.
3.3.3
Minimum Principal Building Size in the Residential Zoning District:
The minimum floor area of a principal dwelling in the Residential (R1) zoning district is 74.3
m2 (800 ft2). Principal dwellings with a smaller minimum floor area may be considered by
resolution of Council (discretionary use approval).
3.4
ACCESSORY BUILDINGS, STRUCTURES, & USES (GARAGES, SHEDS, ETC.)
3.4.1
Accessory buildings, structures, and uses shall be subordinate to, used in conjunction with,
and located on the same lot as the principal building or use.
3.4.2
Subject to all other requirements of this Bylaw, an accessory building, structure, or use is
permitted in any zoning district when accessory to an established principal permitted or
discretionary use.
Zoning Bylaw
Village of Kenosee Lake | 13
3.4.3
In the Residential (R1) zoning district, there shall be no more than three (3) accessory
buildings on a site, excluding those equal or less than 100 ft2 in area.
3.4.4
Accessory buildings or structures (ex: decks, gazebos, sheds, etc.) shall comply with the
following minimum setback requirements, unless otherwise specified in this Bylaw or unless
a greater setback from the shoreline of Kenosee Lake is required by the Water Security
Agency in accordance with Section 3.14 of this Bylaw:
(a) Front yard setback:
3.0 metres (9.84 ft)
(b) Side yard setback:
1.2 metres (3.94 ft)
(c) Rear yard setback:
1.5 metres (4.92 ft)
(d) Distance to principal building:
1.5 metres (4.92 ft)
3.4.5
Private garages, carports, and other accessory buildings attached to a principal building by a
substantial roof structure shall be considered as part of, and are therefore subject to the
regulations governing the principal building.
3.4.6
The area of accessory buildings or structures shall be combined with the area of the
principal building to determine the overall site coverage.
3.5
EXCEPTIONS TO DEVELOPMENT STANDARDS
3.5.1
Permitted Yard Projections
The following projections are permitted into any required front, rear, or side yard setback
provided that they comply with the National Building Code:
(a) In Front and Rear Yards:
i.
Uncovered balconies, decks, and terraces up to a maximum 1.5 m (4.9 ft) so long
as the setback is no less than 3.0 m (9.84 ft).
ii.
Porches and verandas having a floor area not exceeding 3.0 m2 (32.29 ft2) up to a
maximum 1.5 m (4.92ft)
iii.
Roof overhangs including eaves and gutters up to a maximum 1.5 m (4.9 ft) so
long as the setback is no less than 3.0 m (9.84 ft).
(b) In Side Yards:
i.
Roof overhangs including eaves and gutters up to a maximum 0.6m (1.97 ft).
ii.
Cantilevered bay or bow windows, chimney chases, window sills, or fire escapes
up to a maximum 0.3 m (0.98 ft) so long as the setback is no less than 0.9 m (2.95
ft).
(c) In All Yards:
i.
Walkways, uncovered driveways, hand rails, and steps or ramps which are
necessary to access a main floor are permitted in all required yards.
ii.
Approved signs in accordance with Section 3.9 of this Bylaw.
3.5.2
No Side Yard Required for Shared Party Walls
No side yard shall be required from a common party wall shared between semi-detached
dwellings, townhouses, or other multiple-unit dwellings or commercial buildings.
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Village of Kenosee Lake | 14
3.6
BUILDING HEIGHTS
3.6.1
Building height shall be measured from the lowest grade level to the highest point of the
roof structure exclusive of any chimney, antenna, satellite dish, solar panel, or any other
similar protrusions that are separate from the roof structure.
3.6.2
The height of any principal buildings or structures shall not exceed 10.97 metres (36 feet),
unless otherwise specified in this Bylaw. Taller principal buildings may be considered by
resolution of Council (discretionary use approval).
3.6.3
The height of residential accessory buildings or structures shall not exceed 6.0 metres (19.7
feet), unless otherwise specified in this Bylaw. Taller accessory buildings may be considered
by resolution of Council (discretionary use approval).
3.6.4
Communication towers, wind turbines, and other similar structures may be considered that
exceed the maximum height requirements in Sections 3.6.2 and 3.6.3 above provided they
comply with all other provisions of this Bylaw.
3.7
FENCES
3.7.1
General (in all zoning districts):
(a) No fence shall interfere with traffic sightlines and shall not be located in a required sight
triangle according to Section 3.15.1 of this Bylaw.
(b) Barbed-wire, razor wire, or electrified fences shall be prohibited.
3.7.2
In any residential zoning district or an approved residential use in any zoning district:
The height of any fence or similar structure shall be subject to the following height
maximums measured from grade:
(a) In a required front yard:
1.22 m (4.0 ft)
(b) In a required side and rear yard:
1.82 m (6.0 ft)
3.7.3
In any commercial or community service zoning district:
(a) For safety purposes or to provide a buffer between uses, a fence may be required by the
Development Officer or Council as a condition of approval according to Section 2.5.2(b)
(permitted uses) and 2.5.3(d)ii (discretionary uses) of this Bylaw.
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Village of Kenosee Lake | 15
3.8
RETAINING WALLS
3.8.1
Retaining walls may be incorporated into the site and landscaping design to address specific
topographic, drainage, geotechnical, or structural site conditions provided they do not
negatively impact neighbouring properties. New retaining walls shall not be erected without
a Development Permit.
3.8.2
All retaining walls shall be designed and constructed in accordance to the manufacturer's
specifications. Any retaining wall with a total height of 1.2 metres (4 ft) or that is of any
height on land considered to be potentially hazardous pursuant to Section 3.14 shall be
designed by a certified engineer.
3.8.3
No retaining wall shall interfere with traffic sightlines and shall not be located in a required
sight triangle according to Section 3.15.1 of this Bylaw.
3.9
SIGNAGE
All signs within the Village shall be subject to the following regulations:
3.9.1
General (in all Zoning Districts):
(a) Proposed signs for new developments shall be demonstrated on the development
permit application according to Section 2.4.2(e)vii.
(b) No sign shall project beyond the property lines of the site to which it pertains.
(c) No sign shall be mounted or located in any manner that jeopardizes public safety and
shall not be located within a sight triangle pursuant to Section 3.15.1.
(d) Wayfinding signs, plaques, or other commemorative signs or monuments will be
encouraged that identify areas of the Village or properties with significant natural or
human heritage resources, with consent of the property owner, provided the signage is
appropriate in scale, design, placement and does not cause any safety concerns.
(e) Billboard signs advertising a business, service, or product not affiliated with the property
for which it is located shall be prohibited.
(f) The Village may issue an order to remove signs that are either no longer relevant, in a
state of disrepair, potentially offensive in nature, or represent a potential safety hazard.
(g) Council may waive any and all sign requirements for signs owned by the Village or any
non-profit community group.
3.9.2
In the Residential (R1) Zoning District:
(a) With the exception of signs with the building address, no signs shall be permitted for
residential uses unless otherwise provided below.
i.
Notwithstanding Section 3.9.2(a) above, an approved home-based business, bed
and breakfast operation, or other similar uses may display one (1) fascia sign, not
exceeding 0.75 m² (8.07 ft²), that shall not be illuminated and shall be affixed to
the principal building or located as close to the dwelling as possible.
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Village of Kenosee Lake | 16
3.10 OFF-STREET PARKING
3.10.1 General (in all zoning districts):
(a) Parking spaces shall not be located in a required front yard unless located on a
designated parking pad, driveway, or parking lot.
(b) Vehicle access and egress must be clearly defined and shall not be continuous along any
site with the exception of the Community Service zoning district.
(c) The location and design of driveways and vehicle access / egress points shall have
regard for pedestrian and vehicle safety; the location of servicing and utility
infrastructure; and the retention of existing trees, where possible.
(d) All required parking lots, parking spaces, and loading spaces shall be surfaced in a
suitable material that can be used year round.
3.10.2 In any residential zoning district or an approved residential use in any zoning district:
(a) One (1) off-street parking space, indoors or outdoors, shall be provided per dwelling
unit, which shall be located on the same site as the dwelling unit.
(b) Tandem parking spaces shall be permitted when more than one parking space is
required by this Bylaw due to an approved principal or accessory use.
(c) No additional off-street parking or loading spaces are required for home based
businesses unless the Development Officer or Council determines that not providing off-
street parking spaces would result in traffic congestion or parking spill out on to public
roads or neighbouring areas.
3.10.3 Recreation vehicle parking and temporary sleeping accommodation
(a) The number of recreational vehicles parked in a front yard shall not exceed three (3)
including a maximum of one trailer, and shall be setback a minimum 0.61 m (2.0 ft) from
the front site line.
(b) Recreational vehicles may be parked in any side or rear yard for an indefinite period
subject to the provisions of this Bylaw and all other Village Bylaws.
(c) One (1) of the maximum two (2) recreational vehicles referred to in Section 3.10.3(a)
above may be an occupied motorhome, camper trailer, or similar vehicle so long as:
i.
The period of occupation does not exceed 14 days; and once the 14 day period
has expired, it cannot be occupied again on the site for a period of 7 days;
ii.
It is for the exclusive use of non-paying short term guests of the occupant of the
principal dwelling located on the same site; and
(d) Notwithstanding the above, one motorhome, travel/camper trailer, or similar vehicle
may be used as a temporary dwelling unit if the principle dwelling is under construction,
or undergoing renovations to an extent that renders it temporarily unliveable.
3.10.4 In any commercial or community service zoning district:
(a) No off-street parking or loading spaces are required unless the Development Officer or
Council determines that not providing off-site parking or loading spaces would result in
traffic congestion or parking spill out on to public roads.
(b) Any required off-street parking or loading spaces pursuant to Section 3.10.4(a) above
shall be contained in a designated area on the subject site or may be located on a site
that is within a convenient walking distance to a maximum of 150 metres from the site
where the principal use or building is located.
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Village of Kenosee Lake | 17
3.11 OUTDOOR STORAGE
When permitted in association with any approved use, all outside storage of vehicles,
equipment, machinery, waste, etc. is subject to the following regulations:
3.11.1 General (in all zoning districts):
(a) No yard shall be used for the storage or collection of hazardous material.
(b) Unless otherwise specified in this Bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers.
(c) Council may establish additional standards for the location and screening of any area
devoted to outdoor storage.
3.11.2 In any residential zoning district or an approved residential use in any zoning district:
(a) No outdoor storage shall be located in the front yard.
(b) Outdoor storage is permitted in a side or rear yard only when clearly accessory and
incidental to the principal residential use.
3.11.3 In any commercial or community service zoning district:
(a) No outdoor storage shall be located in the front yard except for:
i.
The neatly arranged display of items for sale; or
ii.
In association with an approved storage yard subject to suitable screening at the
discretion of Council.
3.12 LANDSCAPING
3.12.1 Developers and landowners shall, wherever possible, practice landscaping strategies that:
(a) Uses native species;
(b) Avoids the removal of existing trees and vegetation; and
(c) Integrate stormwater management to avoid disrupting natural drainage patterns.
3.12.2 Landscaped areas must not be completely hardscaped and shall include sufficient
permeable areas to reduce stormwater runoff and flooding during high rainfall or snow melt
events.
3.12.3 No person shall cut or remove any tree that is not located on their own property including
Village property without being granted permission by the landowner.
3.12.4 Landscaping or structures of any kind shall not obstruct vehicular or pedestrian travel within
an adjacent public right-of-way.
3.12.5 As a condition of approval for a development permit, the Development Officer or Council
may impose additional landscaping requirements or may require a landscape plan to be
submitted that demonstrates a suitable degree of landscaping to enhance the site or
provide a visual screen from an adjacent use or public right-of way, if required.
3.12.6 Any landscaping, including subsequent planting, which is required by this Bylaw or as a
condition of approval for a development permit shall be maintained in a healthy growing
condition or shall otherwise be replaced.
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Village of Kenosee Lake | 18
3.13 SITE GRADING, LEVELLING, & DRAINAGE
3.13.1 In accordance with Section 3.5.2(7) of the OCP, every development shall be graded and
leveled at the owner's expense to provide for adequate surface drainage that does not
adversely affect adjacent properties, public right-of-ways, or the stability of the land.
3.13.2 If Development Officer or Council determines that the approach to grading and levelling the
land for drainage purposes is not adequately demonstrated by the site plan, then a separate
drainage or grading plan shall be required.
3.13.3 All excavations or fills shall be re-vegetated as soon as it is practical after other construction
activities permit. The new vegetation shall provide a suitable ground cover so as to prevent
erosion.
3.13.4 Significant filling, raising, excavating or sloping of sites, which could potentially impact
neighbouring properties, with respect to drainage or stability shall be strictly prohibited.
3.14 DEVELOPMENT ON HAZARDOUS OR POTENTIALLY FLOOD PRONE LANDS
3.14.1 Where a proposed development or subdivision is to be located on land considered by
Council to be potentially hazardous or flood prone, Council may require the applicant to
submit a report prepared by a qualified professional in accordance with Section 4.2.5 of the
OCP to assess the suitability of the land for the proposed development or subdivision, as
well as identify any required mitigation measures.
3.14.2 Development of new buildings and additions to buildings in the floodway of the 1:500 year
flood elevation of Kenosee Lake shall be prohibited.
3.14.3 Existing buildings or structures within the flood fringe of the 1:500 year flood elevation may
be repaired, replaced, or expanded subject to appropriate flood proofing measure.
3.14.4 Development of new buildings and additions to buildings in the flood fringe of the 1:500
year flood elevation of Kenosee Lake shall be flood proofed to an elevation of 0.5 metres
above the 1:500 year flood elevation as defined by the Water Security Agency, and in
compliance with remedial measures and development standards prescribed by Council in
consultation with the Saskatchewan Watershed Authority and the Ministry of Government
Relations.
3.14.5 Actions including flood proofing measures identified in a report prepared pursuant to
Section 3.14.1 above may be incorporated as conditions to the issuance of any development
permit and may be required to be registered on title as an interest in accordance with The
Act.
3.14.6 Council shall refuse a permit for any proposed development for which the proposed actions
are inadequate to address the conditions present on the hazard land or that will result in
excessive municipal costs.
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Village of Kenosee Lake | 19
3.15 DEVELOPMENT IN SIGHT TRIANGLES OR IN PROXIMITY TO PROVINCIAL
HIGHWAYS
3.15.1 Development in Sight Triangles
FIGURE 3: Sight Triangle
No building, structure, earth pile or
vegetation in any zoning district shall
obstruct the vision of drivers within a
sight triangle according to the following
measurements as demonstrated in
FIGURE 3:
(a) Intersection of two municipal roads:
A sight triangle with a measurement
of 2.0 m (6.56 ft) from the
intersection of the lot boundaries.
(b) Intersection of a municipal road and
a lane: A sight triangle measuring
1.0 m (3.28 ft) from the intersection of the lot boundary and the lane.
(c) Sight triangles involving a provincial highway or the railway shall be determined by MHI.
3.15.3 Development in Proximity to Provincial Highways
(a) Any proposed development within 90 metres of a provincial highway right-of way
requires a roadside development permit from the Ministry of Highways and
Infrastructure (MHI).
(b) Any development, including buildings, trees/shrubs, granaries, dugouts, wells, etc., may
be subject to minimum setbacks from a provincial highway. Setbacks vary depending on
the highway classification and shall be confirmed through correspondence with MHI.
3.16 WATER, WASTEWATER, & WASTE DISPOSAL
3.16.1 Where available, every residence or other use that requires water supply shall be connected
to the Village water supply system at the owner's expense.
3.16.2 Private water wells shall be prohibited.
3.16.3 New holding tanks shall require a Development Permit and shall be subject to the
Saskatchewan Onsite Wastewater Disposal Guide issued by Saskatchewan Ministry of
Health.
3.16.4 New holding tanks shall be subject to a 1.5 m (4.92 ft) minimum setback for accessory uses
in Section 3.4.4 of this Bylaw.
3.16.5 In accordance with provincial regulations administered by the Ministries responsible for
Health and Environment, no liquid, solid, or gaseous wastes shall be discharged onto any
land, into the air, or into any stream, creek, river, lake, pond, slough, drainage channel,
and/or any other body of water.
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Village of Kenosee Lake | 20
4.0 REGULATIONS FOR SPECIFIC USES
4.1
COMMERCIAL DEVELOPMENT
4.1.1
Any required services or utilities shall be of suitable standard and sufficient capacity to meet
the needs of the proposed development.
4.1.2
The Development Officer or Council may require professional validation or a detailed study
that demonstrates the suitability of the land for the proposed use and that negative
environmental impacts will be limited.
4.1.3
The Development Officer or Council may apply specific development standards or
conditions to the development permit for commercial or industrial development to satisfy
the development application evaluation criteria in Section 2.9 of this Bylaw.
4.1.4
Signage
Signage shall be provided in accordance with Section 3.9 of this Bylaw.
4.2
HOME-BASED BUSINESS
4.2.1
Home-based businesses may be accommodated as an accessory use within a dwelling used
as the owner's residence, or building accessory to the dwelling, provided they are clearly
secondary to the principal residential use, compatible with the surrounding residential area,
and do not create any conflict with neighbouring properties or detract from the residential
character of the area.
4.2.2
The owner and operator(s) of the home-based business shall be full-time residents of the
dwelling.
4.2.3
If the property where the home-based business is located is not owned by the home-based
business owner, then a letter from the property owner to the Development Officer
authorizing the operation of the home-based business is required.
4.2.4
No more than 25% of the gross floor area of the principal building, and 50% of the gross
floor area of an accessory building shall be used for the home based business.
4.2.5
No more than two (2) home-based businesses shall be allowed per dwelling unit.
4.2.6
The approval of a home-based business does not exempt the property regulations for
outdoor storage in Section 3.11 or any other part of this Bylaw.
4.2.7
No equipment or process used in the home-based business shall create dust, noise,
vibration, glare, fumes, odour or air pollution that is detectable beyond the premises for
which the home-based business is conducted.
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Village of Kenosee Lake | 21
4.2.8
Any business vehicle associated with the home-based business shall require an off-street
parking space. No more than one (1) business vehicle associated with the home-based
business shall be stored on the premises.
4.2.9
Long-term parking of vehicles of clients or employees hired for off-site jobs shall not be
allowed on or near the premises for which the home-based business is conducted.
4.2.10 In addition to the information listed in Section 2.4, applications for home-based businesses
shall include: a description of the proposed business; an indication of the number of
business related visits per day; parking provision details; and the number of off-site
employees.
4.2.11 Approval for the home-based businesses may be revoked at any time, if in the opinion of the
Development Officer or Council, the use is or has become detrimental to the amenity of the
area.
4.2.12 Signage
Signage shall be provided in accordance with Section 3.9.2(a)i of this Bylaw.
4.3
SECONDARY, GARDEN, AND GARAGE SUITES
4.3.1
One (1) secondary, garden, or garage suite may be constructed within a principal, single-
detached dwelling in the R1 Zoning District as demonstrated in FIGURE 4.
FIGURE 4. Types of Secondary Suites
4.3.2
Secondary suites must have a separate entrance
from the principal dwelling either from a common
indoor landing or directly from the exterior of the
building.
4.3.3
Secondary suites must contain cooking, eating,
living, sleeping, and private sanitary facilities.
4.3.4
Secondary suites shall have a minimum floor area
of 32.5 m2 (350 ft2).
4.3.5
Secondary suites shall have a maximum of two (2)
bedrooms and shall not exceed 74.3 m2 (800 ft2)
or 40% of the total gross floor area of the principal
dwelling, whichever is less.
4.3.6
The minimum distance between the principal dwelling and a garden or garage suite is 3.0 m
(9.84 ft).
4.3.7
The windows of a garden or garage suite shall be placed in such a way to minimize overlook
into yards and windows of abutting properties.
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Village of Kenosee Lake | 22
4.4
BED & BREAKFASTS AND VACATION RENTALS
4.4.1
A bed and breakfast or vacation rental may operate in a detached dwelling, secondary suite,
or garage suite provided that it obtains any required licensing from the Ministry of Health or
any other Provincial Ministry.
4.4.2
No exterior alterations shall be undertaken to a dwelling that would be inconsistent with the
residential character of the building and surrounding area.
4.4.3
Approval for the bed & breakfast or vacation rental operation may be revoked at any time, if
in the opinion of the Development Officer or Council, the use is or has become detrimental
to the amenity of the area.
4.4.4
Signage
Signage shall be provided in accordance with Section 3.9.2(a)i of this Bylaw.
4.5
DAYCARES & PRESCHOOLS
4.5.1
Daycares and pre-schools may be approved as a principle or accessory use provided that
they obtain the required provincial license, if required, and operate in conformity with the
applicable provincial act and regulations.
4.5.2
No exterior alterations shall be undertaken to a dwelling that would be inconsistent with the
residential character of the building and surrounding area.
4.5.3
Daycares and pre-schools shall be required to provide a fenced-in outdoor play space.
4.5.4
Signage
Signage shall be provided in accordance with Section 3.9.2(a)i of this Bylaw.
4.6
RESIDENTIAL CARE HOMES
4.6.1
A residential care home may be approved as a principle or accessory use provided that it
obtains the required provincial license and operates in conformity with the applicable
provincial act and regulations.
4.6.2
No exterior alterations shall be undertaken to a dwelling that would be inconsistent with the
residential character of the building and surrounding area.
4.6.3
Signage
Signage shall be provided in accordance with Section 3.9.2(a)i of this Bylaw.
4.7
MULTI-UNIT DWELLINGS
4.7.1
Where listed as discretionary, multiple-unit dwellings with three (3) or more dwelling units
such as triplexes, fourplexes, townhouses, dwelling groups and apartment buildings may be
allowed subject to the Building Bylaw, the National Building Code of Canada, and all relevant
provisions of this Bylaw.
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Village of Kenosee Lake | 23
4.7.2
Preferred locations for multi-unit dwellings shall be corner sites or sites adjacent to public
parks and open spaces.
4.7.3
The site for a multi-unit dwelling may include common areas for open space, internal
roadways, a building for recreation for use of the residents of the development, and other
communal uses.
4.7.4
Where the regulations and development standards of the Zoning District cannot reasonably
be applied, Council may apply alternative standards included as conditions of the
development permit to ensure the proposed development complies with the development
application evaluation criteria in Section 2.9 of this Bylaw.
4.7.5
Signage
Signage shall be provided in accordance with Section 3.9.2(a)i of this Bylaw.
4.8
MODULAR DWELLINGS
4.8.1
In any district where a dwelling is allowed, the dwelling may be in the form of a modular
dwelling but not a mobile dwelling, park model, or trailer coach.
4.8.2
Modular dwellings shall be placed on a permanent foundation at a standard comparable to
a conventional detached dwelling.
4.8.3
Modular dwellings shall complement neighbouring properties and shall not detract from the
character of the area.
4.8.4
Where available, modular dwellings shall be connected to Village water and sewer services.
4.8.5
Modular dwellings shall bear the applicable safety certification and shall meet the
requirements of the National Building Code and Village Building Bylaw.
4.9
SHIPPING CONTAINERS
4.9.1
Sea containers may only be used temporarily where the sole purpose is incidental to the
construction or alteration of a building for which a building permit has been granted, subject
to the following regulations:
(a) Prior to placement of the sea container on the lot, the property owner shall apply for a
temporary development permit from the Development Officer.
(b) The minimum setbacks for accessory uses in Section 3.4.4 of this Bylaw shall apply.
(c) No container shall be used for the purpose of a display or advertising.
4.9.2
Notwithstanding Section 4.9.1 above, the use of sea containers other than for temporary
construction related purposes may be considered but shall adhere to the National Building
Code and be subject to all permits and requirements applicable to that use.
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Village of Kenosee Lake | 24
4.10 SWIMMING POOLS
4.10.1 Private swimming pools may be approved as a discretionary accessory use to an approved
dwelling unit, subject to the following regulations:
(a) Swimming pools shall only be located in the rear or side yard.
(b) All swimming pools and related appurtenances shall be setback a minimum 1.5 m (4.9 ft)
from the rear and side site lines, and the principal building.
(c) A yard containing a swimming pool shall be completely enclosed by a lockable fence of
1.8 m (6.0 ft) in height.
(d) Any building or structure, including maintenance equipment such as heating, filtering,
disinfectant, and re-circulation equipment shall be subject to the provisions of this Bylaw
respecting accessory uses, buildings, and structures.
(e) Any maintenance equipment or lights shall be designed, constructed, and maintained so
not to disturb neighbouring properties.
4.11 CAMPGROUNDS & RV PARKS
4.11.1 In accordance with Section 2.4.2(e), any application for a campground or RV park shall
include a Site Plan that demonstrates the layout and location of sites, roadways, parking
areas, buildings, utilities, and anything else identified by the Development Officer or Council.
4.11.2 A campground or RV park shall have within its boundaries, a buffer area abutting the
boundary of the site of not less than 4.5 meters which shall contain no buildings.
4.11.3 The areas of each site shall be clearly demarcated and shall not include the required buffer
area.
4.11.4 A campground or RV park may include the following accessory uses:
(a) Laundromat
(b) Washroom / shower facilities
(c) Confectionary
(d) Swimming pool and other recreational uses
(e) Accommodations for the owner and / or operator(s) of the park
4.11.5 The development and operations of the campground or RV park shall comply with The Public
Health Act and any other relevant provincial or federal legislation.
4.11.6 The owner or operator of the campground or RV park shall be required to obtain all
necessary licensing in accordance with The Public Accommodations Regulations of
Saskatchewan.
4.12 SOLAR COLLECTORS & SATELLITE DISHES
4.12.1 The installation of solar collectors and satellite dishes may be permitted as an accessory use
subject to the following regulations:
(a) They must be located on the same site as the principal use;
(b) They shall be suitably installed and structurally secured according to the manufacturer's
or professional engineer's certificate of structural safety;
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Village of Kenosee Lake | 25
(c) Any solar collector or satellite dish not attached to a building shall adhere to the same
setbacks as accessory buildings and structures in Section 3.4.4 of this Bylaw;
(d) Any solar collector or satellite dish and associated structures attached to a building shall
not exceed a height of 1.0 metres above the highest point of the roof upon which it is
located unless erected on the roof of an accessory building that is entirely located in the
rear yard.
4.12.2 Solar Power & Net Metering
The solar collector shall be used solely to produce electricity for uses on the same site,
including net metering.
4.13 COMMUNICATION TOWERS
4.13.1 The development and operation of a communication tower shall comply with all federal and
provincial regulations and the Village shall be provided with a copy of all required licenses,
permits, and approvals.
4.13.2 The Village will consult with Industry Canada and the proponent to determine a suitable
location for new communication towers. In determining the suitability of a proposed
communication tower, Council shall consider the:
(a) Availability and suitability of the land;
(b) Compatibility of neighbouring land uses;
(c) Height, design, and structural integrity of the tower;
(d) Potential for any detrimental environmental impacts; and
(e) The health and safety of the public.
4.14 CANNABIS
4.14.1 The development and operation of a Cannabis Retail Shop or Cannabis Production Facility
shall comply with all federal and provincial regulations and the Town shall be provided with
a copy of all required licenses, permits, and approvals.
4.14.2 Applicants shall provide a detailed written statement explaining how their proposal will
meet or exceed Health Canada regulations related to ventilation and to security.
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Village of Kenosee Lake | 26
5.0 ZONING DISTRICTS
5.1
CLASSIFICATION OF ZONING DISTRICTS
For the purpose of this Zoning Bylaw, the Village of Kenosee Lake is divided into the
following zoning districts that may be referred to by their corresponding symbols.
ZONING DISTRICT
SYMBOL
Residential
R1
Commercial
C1
Community Service
CS
5.2
THE ZONING DISTRICT MAP
The map enclosed herein as Exhibit B, adopted by Council and signed by the Mayor and
Administrator, and under the seal of the Village shall be known as the Village of Kenosee
Lake Zoning District Map. The Zoning District Map identifies the zoning district that applies
to every parcel of land within Village boundaries.
5.3
BOUNDARIES OF ZONING DISTRICTS
5.3.1
The boundaries of the zoning districts referred to in this Bylaw, together with an explanatory
legend and notations, are shown on the Zoning District Map.
5.3.2
Unless otherwise shown, the boundaries of the zoning districts are site lines, centre lines of
streets, lanes, road allowances or such lines extended, and the boundaries of the
municipality.
5.4
ZONING DISTRICT SCHEDULES
5.4.1
The uses or forms of development allowed within a zoning district, along with regulations or
standards which apply, are contained in the Zoning District Schedules that follow this
Section.
Zoning Bylaw
Village of Kenosee Lake | 27
6.0 RESIDENTIAL | R1
6.1
INTENT
The intent of the Residential (R1) zoning district is primarily to accommodate single-
detached dwellings. Other building types and uses may be accommodated that can be
demonstrated to be complementary and compatible with the surrounding area. The
potential for small scale home-based businesses that do not detract from the amenity and
character of the area may be accommodated through the discretionary use process.
6.2
PERMITTED & DISCRETIONARY USES
6.2.1
PERMITTED USES
The Development Officer shall consider a development permit for the following uses subject
to the application process in Section 2.0 of this Bylaw:
(a) Residential
i.
Single Detached Dwelling (including a Modular Dwelling in accordance with
Section 4.8).
ii.
Two-Unit Dwelling
(b) Municipal, Recreational, Other
i.
Municipal facilities and public utilities, excluding solid and liquid waste disposal
sites.
ii.
Parks, sports fields, and playgrounds.
iii.
Wildlife and conservation management areas.
iv.
Nature trails or other passive recreational uses (non-commercial).
(c) Accessory
i.
Other customarily accessory buildings, structures, and uses, excluding a Dwelling
or Rooming Unit, subject to Section 3.4.
6.2.2
DISCRETIONARY USES
Council shall consider a development permit for the following uses subject to the application
process in Section 2.0 of this Bylaw:
(a) Residential
i.
Rooming Unit in a detached accessory building;
ii.
Secondary, Garden, or Garage Suite subject to Section 4.3.
iii.
Bed and Breakfast or Vacation Rental Dwelling subject to Section 4.4.
iv.
Multi-Unit Dwelling subject to Section 4.7.
(b) Commercial
i.
Home-Based Business subject to Section 4.2.
(c) Other
i.
Swimming Pool subject to Section 4.10.
Zoning Bylaw
Village of Kenosee Lake | 28
6.3
DEVELOPMENT STANDARDS
6.3.1
SUBDIVISION
(a) Access and Services
i.
All subdivisions shall be adequately serviced to municipal and provincial
standards.
ii.
All uses shall have adequate access and egress to the municipal or provincial
road system.
iii.
All parcels created as a result of a proposed subdivision, including the
remainder, shall abut or have frontage on a registered road.
iv.
The applicant of a proposed development or subdivision shall be responsible for
the costs of providing any required new or upgraded municipal services and/or
roads.
6.3.2
SITE SIZE, SETBACK, AND SITE COVERAGE REQUIREMENTS
(a) Single-Detached & Duplex Dwellings (stacked or front-to-back units)
i.
Minimum Site Area:
360 m2 (3,875 ft2) with a lane; or
450 m2 (4,844 ft2) without a lane.
ii.
Minimum Site Frontage:
12.0 m (39.4 ft) with a lane; or
15.0 m (49.2 ft) without a lane.
iii.
Minimum Front Yard Setback:
4.5 metres (14.8 ft)
iv.
Minimum Side Yard Setback:
1.2 m (3.9 ft); or
3.0 m (9.8 ft) on flanking street of corner sites.
v.
Minimum Rear Yard Setback:
4.5 metres (14.8 ft)
vi.
Maximum Site Coverage:
50%
(b) Semi-Detached & Townhouse Dwellings (and other side by side units)
i.
Minimum Site Area:
360 m2 (3,875 ft2) with a lane; or
450 m2 (4,844 ft2) without a lane.
ii.
Minimum Site Frontage:
12.0 m (39.4 ft) with a lane; or
15.0 m (49.2 ft) without a lane.
iii.
Minimum Front Yard Setback:
4.5 metres (14.8 ft)
iv.
Minimum Side Yard Setback:
1.2 m (3.9 ft); or
3.0 m (9.8 ft) on flanking street of corner sites.
v.
Minimum Rear Yard Setback:
4.5 metres (14.8 ft)
vi.
Maximum Site Coverage:
50%
(c) Apartment Buildings, Dwelling Groups, & All Other Principal Uses
i.
Minimum Site Area:
450 m2 (4,844 ft2)
ii.
Minimum Site Frontage:
15.0 m (49.2 ft)
iii.
Minimum Front Yard Setback:
4.5 metres (14.8 ft)
iv.
Minimum Side Yard Setback:
1.5 m (4.9 ft); or
3.0 m (9.8 ft) on flanking street of corner sites.
v.
Minimum Rear Yard Setback:
4.5 metres (14.8 ft)
vi.
Maximum Site Coverage:
60%
*Shoreline Setback
Unless a greater setback from the shoreline of Kenosee Lake is required by the Water
Security Agency in accordance with Section 3.14 of this Bylaw.
Zoning Bylaw
Village of Kenosee Lake | 29
FIGURE 5: Development Standards in the Residential (R1) Zoning District
6.3.3
STANDARDS FOR DISCRETIONARY USES
Council will consider development permit applications for discretionary uses in the
Residential (R1) zoning district with respect to the intent, uses, and development standards
of this schedule and:
(a) The development application evaluation criteria in Section 2.10;
(b) Any relevant General Regulations in Section 3.0;
(c) Any relevant Regulations for Specific Uses in Section 4.0; and
(d) The Vision, Objectives, and Policies of the OCP.
6.3.4
SIGNAGE
Signs are subject to Section 3.9.
6.3.5
OFF-STREET PARKING
Off-street parking requirements are subject to Section 3.10.
6.3.6
OUTDOOR STORAGE
Outdoor storage is subject to Section 3.11.
6.3.7
LANDSCAPING
Landscaping requirements are subject to Section 3.12.
Zoning Bylaw
Village of Kenosee Lake | 30
7.0 COMMERCIAL | C1
7.1
INTENT
The intent of the Local Commercial (C1) zoning district is to accommodate the potential for
local commercial uses that provide amenity to residents and visitors without detracting from
the character of the area.
7.2
PERMITTED & DISCRETIONARY USES
7.2.1
PERMITTED USES
The Development Officer shall consider a development permit for the following uses subject
to the application process in Section 2.0 of this Bylaw:
(a) Commercial
i.
Confectionary or convenience stores.
ii.
Retail services.
iii.
Financial services.
iv.
Personal service establishments.
v.
Medical, dental, & other health care offices and clinics.
vi.
Business & professional offices.
vii.
Restaurants, cafes, bakeries, and other similar uses, including licensed premises
for the sale and consumption of alcoholic beverages with or without food.
viii.
Hotels or motels.
(b) Institutional, Cultural, Recreational, Other
i.
Lodges, fraternal organizations, or clubs.
ii.
Movie theatres or music venues.
iii.
Art studios and galleries.
iv.
Community centres or halls.
v.
Commercial recreational establishments (fitness gyms, arcades, etc.).
vi.
Parks, sports fields, and playgrounds.
vii.
Institutional uses including schools, libraries, and places of worship.
viii.
Government offices.
ix.
Public utilities, excluding solid and liquid waste disposal sites.
x.
Historical and archaeological sites.
xi.
Wildlife and conservation management areas.
xii.
Nature trails or other passive recreational uses (non-commercial).
(c) Accessory
i.
Customarily accessory buildings, structures, and uses, excluding a dwelling,
subject to Section 3.4.
Zoning Bylaw
Village of Kenosee Lake | 31
7.2.2
DISCRETIONARY USES
Council shall consider a development permit for the following uses subject to the application
process in Section 2.0 of this Bylaw:
(a) Commercial
i.
Mixed-use residential buildings where the commercial component is a permitted
or discretionary use in the C1 zoning district.
ii.
Service stations / gas bars with or without confectionaries.
iii.
Strip malls
iv.
Commercial greenhouse.
v.
Lumber yards.
vi.
Storage yards.
vii.
Wholesale trade stores
viii.
Campgrounds or RV parks subject to Section 4.11.
ix.
Cannabis retail store subject to Section 4.14.
x.
Microbrewery, distillery, or winery.
7.3
DEVELOPMENT STANDARDS
7.3.1
SUBDIVISION
(a) Access and Services
i.
All subdivisions shall be adequately serviced to municipal and provincial
standards.
ii.
All uses shall have adequate access and egress to the municipal or provincial
road system.
iii.
All parcels created as a result of a proposed subdivision, including the
remainder, shall abut or have frontage on a registered road.
iv.
The applicant of a proposed development or subdivision shall be responsible for
the costs of providing any required new or upgraded municipal services and/or
roads.
7.3.2
SITE SIZE, SETBACK, AND BUILDING SIZE REQUIREMENTS
(a) All Commercial Uses
i.
Minimum Site Area:
250 m2 (2,691 ft2)
ii.
Minimum Site Frontage:
7.5 m (24.6 ft)
iii.
Minimum Front Yard Setback:
n/a or 3.0 m (9.8 ft) if abutting a residential
site without an intervening street or lane.
iv.
Minimum Side Yard Setback:
n/a; or 1.2 m (3.9 ft) if abutting a residential
site without an intervening street or lane.
v.
Minimum Rear Yard Setback:
1.5 metres (4.9 ft)
vi.
Maximum Site Coverage:
75%
(b) Parks, Municipal Uses, & Public Utilities
No development standards provided the safety and amenity of the area is maintained.
*Shoreline Setback
Unless a greater setback from the shoreline of Kenosee Lake is required by the Water
Security Agency in accordance with Section 3.14 of this Bylaw.
Zoning Bylaw
Village of Kenosee Lake | 32
FIGURE 6: Development Standards in the Commercial (C1) Zoning District
7.3.3
STANDARDS FOR DISCRETIONARY USES
Council will consider development permit applications for discretionary uses in the R1
zoning district with respect to the intent, uses, and development standards of this schedule
and:
(a) The development application evaluation criteria in Section 2.10;
(b) Any relevant General Regulations in Section 3.0;
(c) Any relevant Regulations for Specific Uses in Section 4.0; and
(d) The Vision, Objectives, and Policies of the OCP.
7.3.4
SIGNAGE
Signs are subject to Section 3.9.
7.3.5
OFF-STREET PARKING AND LOADING
Off-Street Parking and Loading requirements are subject to Section 3.10.
7.3.6
LANDSCAPING
Landscaping requirements are subject to Section 3.11.
7.3.7
OUTDOOR STORAGE
Outdoor storage is subject to Section 3.12.
Zoning Bylaw
Village of Kenosee Lake | 33
8.0 COMMUNITY SERVICE | CS
8.1
INTENT
The purpose of the Community Service (CS) zoning district is to provide areas for a range of
community service-related activities including social, recreational, institutional, parks, and
public services.
8.2
PERMITTED & DISCRETIONARY USES
8.2.1
PERMITTED USES
The Development Officer shall consider a development permit for the following uses subject
to the application process in Section 2.0 of this Bylaw:
(a) Community Service & Institutional
i.
Government offices, libraries, community halls, & other public facilities.
ii.
Public works buildings and facilities.
(b) Recreational
i.
Parks, sports fields/facilities, picnic sites, and playgrounds.
ii.
Beaches, piers, and boat launches.
iii.
Pathways and nature trails or other passive recreational uses (non-commercial).
(c) Accessory
i.
Customarily accessory buildings, structures, and uses, excluding a dwelling, in
accordance with Section 3.4.
8.2.2
DISCRETIONARY USES
Council shall consider a development permit for the following uses subject to the application
process in Section 2.0 of this Bylaw:
(a) Principal Uses
i.
Places of worship.
ii.
Community gardens.
iii.
Social clubs & lodges.
8.3
DEVELOPMENT STANDARDS
8.3.1
SUBDIVISION
(a) Access and Services
i.
All subdivisions shall be adequately serviced to municipal and provincial
standards.
ii.
All uses shall have adequate access and egress to the municipal or provincial
road system.
iii.
All parcels created as a result of a proposed subdivision, including the
remainder, shall abut or have frontage on a registered road.
iv.
The applicant of a proposed development or subdivision shall be responsible for
the costs of providing any required new or upgraded municipal services and/or
roads.
Zoning Bylaw
Village of Kenosee Lake | 34
8.3.2
SITE SIZE, SETBACK, AND SITE COVERAGE REQUIREMENTS
(a) Minimum Site Area:
No minimum.
(b) Minimum Site Frontage:
No minimum.
(c) Minimum Front Yard Setback:
3.0 metres (9.84 ft)
(d) Minimum Side Yard Setback:
1.2 metres (3.9 ft)
(e) Minimum Rear Yard Setback:
1.5 metres (4.9 ft)
(f) Maximum Site Coverage:
No maximum.
*Shoreline Setback
Unless a greater setback from the shoreline of Kenosee Lake is required by the Water
Security Agency in accordance with Section 3.14 of this Bylaw.
FIGURE 7: Development Standards in the Community Service (CS) Zoning District
8.3.3
STANDARDS FOR DISCRETIONARY USES
Council will consider development permit applications for discretionary uses in the
Community Service (CS) zoning district with respect to the intent, uses, and development
standards of this schedule and:
(a) The development application evaluation criteria in Section 2.10;
(b) Any relevant General Regulations in Section 3.0;
(c) Any relevant Regulations for Specific Uses in Section 4.0; and
(d) The Vision, Objectives, and Policies of the OCP.
8.3.4
SIGNAGE
Signs are subject to Section 3.9.
8.3.5
OFF-STREET PARKING
Off-street parking requirements are subject to Section 3.10.
8.3.6
OUTDOOR STORAGE
Outdoor storage is subject to Section 3.11.
8.3.7
LANDSCAPING
Landscaping requirements are subject to Section 3.12.
EXHIBIT A: DEFINITIONS
Whenever the following words or terms are used in this Bylaw and/or the Village of Kenosee Lake
Official Community Plan Bylaw No. 2022-5, they shall have the following meaning unless provided
otherwise.
A
Accessory: A use, building, or structure customarily associated with, incidental to, subordinate to,
and located on the same lot as the principal use, building or structure.
Act, The: The Planning and Development Act, 2007, Province of Saskatchewan.
Adjacent: Contiguous or would be contiguous if not for a river; stream; rail line; road; utility right-of-
way; reserve land; and, any other land identified in this Bylaw as adjacent land for the purpose of
notification.
Administrator: The Administrator of the Village of Kenosee Lake.
Agricultural: A use of land, buildings or structures for the purpose of growing crops; forestry;
market gardening; pasturage; private greenhouses; and, includes the growing; packing; treating;
storing; and, sale of produce produced on the premises and other similar uses customarily carried
in the field of general agriculture.
Alteration or Altered: Any structural change or addition to a building or structure, and includes a
change from one type of use to another.
Applicant: A developer or person applying for a development permit under this Bylaw or for a
subdivision approval to an approving authority under The Act.
Attic: That portion of a building situated wholly or in part within the roof and which is less than one-
half (1/2) storey.
Automobile (Motor Vehicle): A self-propelled passenger vehicle that usually has two (2) to four (4)
wheels, an internal-combustion engine, alternate energy sources such as electrical, fuel cell, and is
used for land transport.
Awning: A structure that is mechanical and fabricated from plastic, canvas or metal that is spread
across a frame designed to be attached to a wall and hung above a doorway or window.
B
Bare Land Condominium: A bare land condominium involves dividing a parcel of land into
individually owned 'bare land units. A proposed plan of survey to create a bare land condominium
requires the subdivision of the land and subdivision approval pursuant to The Act. Buildings on each
bare land unit are owned by the individuals. The balance of the parcel around the units is common
property. Generally, buildings on private units or common property are not constructed until after
the bare land condominium plan has been registered. To ensure compliance with municipal bylaws,
the municipality should discuss with the developer, any proposed construction of buildings prior to
registration of the condominium plan. All buildings and improvements on common property are
owned by the condominium corporation. Bare land condominiums are sometimes managed as
exclusive communities, with control over local access.
Bare Land Condominium Unit: A bare land unit as defined by The Condominium Property Act, 1993.
Basement: That portion of a building that is partly or wholly underground.
Bed and Breakfast: a dwelling unit, licensed as an itinerant use accommodation under The Public
Accommodation Regulations, in which overnight accommodation within the dwelling unit, along with
one meal served before noon, is provided to the travelling public for a charge.
Billboard: A private free-standing sign, including supporting structure, which advertises goods,
products, services, organizations, of facilities that are available from, located on, or refer to, a site
other than the site on which the sign is located.
Buffer: A strip of land, vegetation or land use that physically separates two (2) or more different land
uses.
Building: A structure constructed on, in or over land and used for the shelter or accommodation of
persons, animals, goods or chattels, and includes any structure covered by a roof supported by walls
or columns.
Building, Accessory: See "Accessory".
Building, Principle: A building in which is conducted the main or primary use of the site on
which said building is situated.
Building Bylaw: A Bylaw of the Village of Kenosee Lake to regulate the erection, alteration, repair,
occupancy, or maintenance of buildings and structures.
Building Height: The height of a building according to Section 3.6 of this Bylaw.
Building Permit: A permit, issued under the Building Bylaw of the Village of Kenosee Lake,
authorizing the construction of, or the addition to, any building but does not include a development
permit.
C
Carport: A building or structure, or part thereof, where at least 40% of the area of the perimeter is
open and unobstructed by a wall, door, post or pier and which is used for the parking or storage of
motor vehicles.
Club: A group of people organized for a common purpose, to pursue common goals, interests or
activities, and usually characterized by certain membership qualifications, payment of dues or fees,
regular meetings, and a constitution and bylaws.
Commercial Use: The use of land, building(s) or structure(s) for the purpose of buying and selling
commodities and supplying professional and personal services for compensation.
Community Facilities: Buildings or facilities used for recreational, social, educational or cultural
activities and that are owned by a municipal corporation, non-profit corporation or other non- profit
organization.
Community Garden: An area of land managed and maintained by a formal or informal group of
individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for
personal or group use, consumption, donation or sale at a farmers' market or farm stand.
Compatible: As defined in The Statements of Provincial Interest Regulations.
Condominium: Land, buildings and units including private and common property as defined under
The Condominium Property Act, 1993.
Condominium Unit: A division of land or building as defined in The Condominium Property Act, 1993.
Confectionary or Convenience Store: A retail, commercial establishment supplying a limited
selection of food and other daily household necessities to the surrounding area.
Conservation: The planning, management and implementation of an activity with the objective of
protecting the essential physical, chemical and biological characteristics of the environment.
Council: The elected Council of the Village of Kenosee Lake.
Cultural Resource: As defined in The Statements of Provincial Interest Regulations.
D
Deck: Any raised floor structure at least 0.3 metres (1.0 ft.) above the average ground level upon
which it is constructed, either adjacent to a building or free-standing with stairway, ramp or similar
access.
Demolition Permit: A permit issued for the removal or dismantling of a building or structure within
the Village's boundaries as prescribed under The Construction Codes Act.
Development: The carrying out of any building, engineering, mining or operations in, on or over
land, or making of any material change in the use or intensity of use of any building, or land, and shall
include, but not be limited to, excavating, filling, grading or drainage of land.
Development Officer: A person appointed by Council to act as a Development Officer to administer
this Bylaw. As per Section 2.1 of this Bylaw, the person responsible for the administration of this
Bylaw shall be the Administrator, and in their absence by such other employee of the municipality as
Council designates from time to time
Development Levy Agreement: An agreement entered into pursuant to The Act (ss. 171).
Development Permit: A document issued by the Village of Kenosee Lake that authorizes
development pursuant to this Bylaw and does not include a building permit.
Driveway: That portion of a lot used to provide vehicular access from a street to a parking space or
to an off-street parking or loading area located on the same lot.
Dwelling: A building or part of a building intended for residential occupancy.
Dwelling, Mobile (Manufactured): A structure built on a deformation resistant frame or
metal chassis that is defined in the Canadian Standards Association (CSA) and bears a CSA
seal attesting that the structure complies with the #Z240 standards built prior to 2019 or
CSA standard #A277 built after January 1, 2019. Mobile dwellings are constructed off-site in a
yard or factory and include a deformation resistant frame to allow them to be placed on a
surface riding foundation such as cribbing for ease of transportation to site.
Dwelling, Modular (includes RTMs): A residential dwelling that is constructed off-site in a
yard or factory, in one (1) or more sections, transported to a site for permanent installation
on a permanent foundation (may have a basement), having architectural features similar to
permanent residential dwellings built on site in the Village, and conforming to CSA standard
#A277.
Dwelling, Multi-Unit: A building containing three (3) or more dwelling units including a
triplex, fourplex, townhouse, or apartment that are distinct from a rooming house, hotel or
motel.
Park Model, Dwelling (or Trailer Coach): A seasonal or year-round mobile dwelling that is
designed to be drawn on any public roadway that has no motor power or its own and
cannot be licensed as a recreational vehicle. It must meet CSA standard #Z241, bear the
appropriate seal, and shall be no greater than the maximum floor area 50.0 m2 (538 ft2).
Dwelling, Single-Detached: A building containing only one (1) dwelling unit, and shall not
include a mobile home as herein defined.
Dwelling, Two-Unit: A building divided into two (2) dwelling units with separate entrances
that are separated by a common party wall.
Dwelling Unit: One (1) or more habitable rooms used, or fully capable of being used as a residence,
where each unit provides sleeping, cooking and toilet facilities.
E
Engagement: As defined in The Statements of Provincial Interest Regulations.
Environmental Reserve: Dedicated lands that are provided to a municipality for protecting or
conserving natural or environmentally-sensitive areas, or that were dedicated as public reserve and
transferred to a municipality pursuant to The Act.
Environmental Site Assessment: An investigation intended to identify actual or potential
contamination, and is performed by a qualified person in accordance with The Canadian Standards
Association Standard Z768-94, Phase 1 Environmental Site Assessment.
Environmentally Sensitive Lands or Areas: As defined in The Statements of Provincial Interest
Regulations.
Estimated Peak Water Level (EPWL): The water level calculated by Saskatchewan Water Security
Agency to determine a flood hazard area.
Existing: In place, or taking place, or with all approvals and permits in place on the date of the
adoption of this Bylaw.
F
Fence: A structure used to enclose or screen areas of land.
Fill (Clean Fill): Uncontaminated non-water- soluble, non-decomposable, inert solids such as rock,
soil, gravel, concrete, glass and or clay or ceramic products. Clean fill does not mean processed or
unprocessed mixed construction and demolition debris, including, but not limited to, wallboard,
plastic, wood or metal or any substance deemed corrosive, combustible, noxious, reactive, or
radioactive.
Flanking: Means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that results in the inundation of areas not ordinarily
covered by water.
Flood Fringe: As defined in The Statements of Provincial Interest Regulations.
Flood Plain: As defined in The Statements of Provincial Interest Regulations.
Flood Proofed: For the purpose of this Bylaw, appropriate flood proofing measure shall mean that:
(a) All buildings shall be designed to prevent structural damage by flood waters;
(b) The first floor of all buildings shall be constructed above the designated flood design
elevation; and
(c) All electrical and mechanical equipment within a building shall be located above the
designated flood design elevation.
Floodway: As defined in The Statements of Provincial Interest Regulations.
FIGURE 8: Cross-Section of a Flood Fringe And Floodplain
Floor Area: The maximum area contained within the outside walls of a building, excluding in the
case of a dwelling, any private garage, porch, veranda, open deck, unfinished attic, or unfinished
basement or cellar and in a commercial or industrial building, any utility room.
Frontage (Lot Frontage): The distance across the street side of a lot (a lot must front on a street),
between the points where the side lines of the lot meet the street right-of-way or boulevard; or,
where a lot is irregular in shape and is narrowest at the front street end, the width of the lot shall be
measured parallel to the street line at the centre of the front lot line, and at a setback from the front
lot line no greater than the minimum permitted building setback.
G
Garage, Private: A building or part of a building used for or intended to be used for the storage of
motor vehicles and wherein neither servicing nor repairing of such vehicles are carried on for
remuneration.
Garage Suite: A small, detacehd accessory dwelling unit that may have cooking; food preparation;
sleeping; and, sanitary facilities which are separate from those of the principal single detached
dwelling. Typically, garage suites are either attached to or located above a detached garage.
Geotechnical Analysis: 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.
Grade: The average elevation of the natural ground level at the walls of a building or structure as
determined by the elevation of the four (4) outside corners of the building.
Greenways: Corridors or protected open spaces that are publicly or privately owned and managed
for conservation and recreation purposes.
H
Hazardous Industry/Substance: A substance that, because of its quality, concentration, physical,
chemical or infectious characteristics, either individually or in combination with other substances on
the site is an existing or potential threat to the physical environment, to human health, or other
living organisms.
Hazard(ous) Land: As defined in The Statements of Provincial Interest Regulations.
Heritage Resource: As defined in The Statements of Provincial Interest Regulations.
Highway Sign Corridor: A strip of land parallel and adjacent to a provincial highway, where private
signs may be permitted to advertise goods and services of local area businesses and attractions, as
provided by regulations of the Department of Highways entitled the Erection of Signs Adjacent to
Provincial Highway Regulations, 1986.
Holding Tank: A digestion chamber in which sewage is received and retained to be transported to a
final point of disposal.
Home-Based Business: Development consisting of the use of a conforming dwelling unit or
residential accessory building as a business by the resident or residents, which is incidental and
secondary to the residence and does not change the building's exterior character. This does not
include a home office, vacation rental, the production or retail of cannabis, or any use that is listed
as discretionary or prohibited in the specific zoning district.
Home Office: An office located within a dwelling unit where a resident may carry out typical office
work for remuneration but does not meet with any clients or customers on site.
I
Industrial Use: The use of land, buildings or structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage of goods and materials.
Infill Development: Re-development within existing areas or neighbourhoods.
Institutional Use: The use of land, buildings or structures for religious, charitable, educational,
health or welfare purposes and includes churches, public or private schools, nursery schools,
hospitals and special care.
Intensity of Use: The density of use, number of units, size of development, or bulk, form or number
of buildings or structures for a permitted, discretionary or prohibited use.
J
K
L
Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will
reduce hazard to public health and safety.
Land Use Map: In its projections, the map specifies certain areas for growth and others for
residential, community service and environmental conservation. The Land Use Map for the Village of
Kenosee Lake is attached as Exhibit "A" in the Official Community Plan.
Landscaped Area: An area not built upon and not used for any purpose other than as an open
space that may include grass, shrubs, flowers, trees and similar types of vegetation and may contain
paths, walks, patios, fences and similar outdoor amenities, and does not include parking areas,
parking lots, driveways or ramps.
Lane: A public highway vested in the Crown as a secondary level of access to a lot or parcel of land.
Lot: An area of land with fixed boundaries on record with the Information Services Corporation (ISC)
by Certificate of Title. For the purposes of this Bylaw the terms "lot" and "site" shall be deemed not to
mean the same. A site may constitute more than one lot if they are contiguous and under the same
landowner.
M
Marina: A facility, accessible by boat from a water body for the launching and berthing of
watercraft.
Mayor: The Mayor of the Village of Kenosee Lake.
Minister: The member of the Executive Council to whom for the time being is assigned the
administration of The Act.
Municipal Reserve: Dedicated lands that are provided to a municipality for public use, or that were
dedicated as public reserve and transferred to a municipality pursuant to The Act.
Municipal Road: A public roadway subject to the direction, control and management of the Village
of Kenosee Lake.
N
Natural Areas: An area relatively undisturbed by human activities and characterized by indigenous
species including remnant or self-sustaining areas with native vegetation, water or natural features.
Non-Conforming Site: A site consisting of one (1) or more contiguous parcels that, on the date a
Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms
to the Bylaw but the site area or site dimensions do not conform to the standards of the Bylaw for
that use.
Non-Conforming Use: Any use of land, building or structure lawfully existing or under construction
where permits have been issued at the time of the passing of this Bylaw, the use of which does not
comply with all the regulations of this Bylaw governing the zoning district in which it is located.
Noxious Use or Condition: Any use or facility that causes or produces harmful or hazardous noise,
vapours, smoke, dust (particles suspended in or transported by air), vibrations, electrical or
electromagnetic fields, glare or light.
O
Official Community Plan (OCP): The Village of Kenosee Lake Official Community Plan Bylaw No. XX-
2022, adopted as per The Act.
Open Space: Passive and structure leisure and recreation areas that enhance the aesthetic quality
and conserve the environment of the community, including parks, recreation and tourism nodes
and natural areas.
P
Parcel: A surface parcel as defined in The Land Titles Act, 2000.
Parking Lot: An open area, other than a street, used for the temporary parking of more than four
(4) vehicles and available for public or private use.
Parking Space: A space within a building or parking lot for the parking of one (1) motor or
recreational vehicle including convenient access to a public lane or street and shall be not less than
2.5 metres (8.2 ft.) wide and 5.5 metres (18.0 ft.) in length.
Parking Space, Off-Street: Accommodation for the parking of vehicles off a public road or
highway.
Parking Space, Tandem: Double-length parking spaces that are located one in front of the
other, such that one vehicle will have to pull out in order to access the second vehicle.
Patio: Any hard surface or floor structure less than 0.3 metres (1.0 ft.) above the average ground
level upon which it is constructed.
Placemaking: A multi-faceted approach to the planning, design and management of public spaces.
Placemaking capitalizes on a local community's assets, inspiration, and potential, with the intention
of creating public spaces that promote people's health, happiness, and well-being.
Public Realm: The publicly owned places and spaces that belong to and are accessible by everyone.
These can include municipal streets, lanes, squares, plazas, sidewalks, trails, parks, open spaces,
waterfronts, public transit systems, conservation areas, and civic buildings and institutions.
Public Utility: A government, municipal or corporation under Federal or Provincial statue which
operates a public work and/or provides a service to the general public.
Public Work: Under The Act, means:
-
systems for the production, distribution or transmission of electricity;
-
systems for the distribution, storage or transmission of natural gas or oil;
-
facilities for the storage, transmission, treatment, distribution or supply of water;
-
facilities for the collection, treatment, movement or disposal of sanitary sewage;
-
telephone, cable television or light distribution or transmission lines; or
-
facilities for the collection, storage, movement and disposal of storm drainage;
Q
R
Recreational Use: The use of land for parks, playgrounds, tennis courts, lawn bowling greens,
indoor and outdoor skating rinks and curling rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres and all similar uses, together with the necessary
and accessory buildings and structures; though does not include the racing of animals or motorized
vehicles.
Recreational Vehicle (RV): A travel/camper trailer, motor home, or similar vehicle, boat,
snowmobile, ATV, or similar vehicle designed for travel, recreation, leisure or vacation purposes,
including temporary accommodation, but does not include a modular and mobile dwellings that are
constructed and used for year-round occupancy.
Redevelopment: See "Infill Development".
Residence: See "Residential Use".
Residential Use: The use of land, buildings or structures for human habitation.
Responsible Development: As defined in The Statements of Provincial Interest Regulations.
Retaining Wall: A wall of strong construction intended to hold back soil or keep certain amount of
earth in place in order to create a safe, more stable or more level area.
Right-of-Way: The land set aside for use as a roadway or utility corridor. Rights-of-way are
purchased prior to the construction of a new road or utility line, and usually enough extra land is
purchased for the purpose of providing mitigative features. Sometimes road rights-of-way are left
vacant after the initial roadway facility is constructed to allow for future expansion.
Rooming Unit: A detached accessory building other than a dwelling unit with a minimum of 13.9 m2
(149.62 ft2) of gross floor area used primarily for sleeping accommodation that may have a private
toilet facility but no cooking facility.
S
Safe Building Elevation (SBE): A level as defined by the Ministry of Government Relations at the time
of subdivision to which flood proofing must be done for developments in the flood hazard area. The
SBE is calculated as the EPWL plus a freeboard value to allow for uncertainties in calculations and
other possible hazards such as ice push, ice jams, wind, waves and erosion.
Satellite Dish: A parabolic antenna utilized for the reception of satellite transmitted television or
radio waves.
School: An educational facility under the jurisdiction of a Board of Education, a college, university or
any other school established and maintained either wholly or partially at public expense, whether or
not the same is a boarding school and includes any dormitory building accessory to such school.
Secondary Suite: A self-contained dwelling unit which is an accessory use to, and located within, a
detached building in which the principle use is a one (1) unit dwelling.
Setback: A required minimum separation distance, usually from the nearest point of a building or
structure's exterior wall to a site line, railway, or centre line of a public highway.
Sea Container: A standardized reusable steel box used for the secure storage and efficient
intermodal movement of materials and products. It does not contain a foundation or wheels for
movement.
Sight Triangle: The triangular area formed, on corner sites, by the intersecting front and side site
lines at a street intersection and the straight line joining said site lines.
Sign: Any device, letter, symbol, emblem or picture, that is affixed to or represented directly or
indirectly upon a building, structure or a piece of land and that identifies or advertises any object,
product, place, activity, person, organization or business in such a way as to be visible to the public
on any street, thoroughfare or any other public place.
Sign, Billboard: A private free standing sign, including supporting structure, 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.
Sign, Fascia: A sign fastened to, or painted on the wall of a building or structure in such a
manner that the wall becomes the supporting structure for, or forms the background
surface of the sign and which does not project more than 0.5 metres (1.6 ft.) from such
building or structure.
Sign, Temporary: A sign which is not permanently installed or affixed in position, advertising
a product or activity on a limited basis.
Site: An area of land, consisting of one (1) or more lots with the same land owner considered as a unit
devoted to a certain use or occupied by a building or a permitted group of buildings, and the
customary accessories and open spaces belonging to the same. At the discretion of the
Development Officer or Council, the Village may require lots to be consolidated or tied to clarify the
specific lots that encompass a site.
Site, Corner: A site at the intersection of two (2) or more public streets, or upon two (2) parts
of the same street, the adjacent sides of which street or streets (or, in the case of a curved
corner, the tangents at the street extremities of the side site lines) contain an angle of not
more than 135 degrees. In the case of a curved corner, the corner of the site shall be that
point on the street at the point of intersection of the said tangents.
Site, Through: A site other than a corner site, having separate frontages on two (2) streets.
The front site line of a through site shall be determined by predetermined building lines.
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: Any boundary of a site.
Site Line, Front: The line separating the site from the road right-of-way; for a corner site,
the shorter line abutting a street; though in the case of a corner site with two (2) street lines
of equal length, the front site line shall be designated by predetermined building lines.
Site Line, Rear: The site line at the rear of the site, opposite the front site line.
Site Line, Side: A site line other than a front or rear site line.
Site Plan: A plan showing the location of existing and proposed buildings on a site in relationship to
the site lines.
Site Width: The horizontal distance between the side boundaries of the site measured at a distance
from the front lot line equal to the minimum front yard required for the district in which the site is
located.
Solar Collector: A device for the absorption of solar radiation for the heating of water or buildings or
the production of electricity.
Storey: That portion of a building, other than an attic or basement, between the upper surface of
any floor and the upper surface of the floor next above.
Storey, One-Half: That portion of a building situated wholly or in part within the roof and in which
there is sufficient space to provide a height between finished floor and finished ceiling of between
1.6 metres (5.2 ft.) and 2.3 metres (7.5 ft.) over a floor area which is not less than one- third (1/3) nor
more than two-thirds (2/3) of the floor area of the storey next below.
Stakeholders: Individuals, groups, or organizations who have a specific interest or "stake" in a
particular need, issue situation, or project and may include members of the local community
residents, community groups, or local, provincial and federal governments.
Street: The whole and entire width of every highway, public road or road allowance vested in Her
Majesty in the right of the Province of Saskatchewan and shown as such on a plan of survey
registered at the Information Services Corporation (ISC).
Structure: Anything that is built, constructed or erected that is located on the ground or attached to
something located on, or in the ground.
Subdivision: A division of land, and includes a division of a quarter section into legal subdivision as
described in the regulations made pursuant to The Land Surveys Act, 2000.
Sustainable: As defined in The Statements of Provincial Interest Regulations.
Swimming Pool: Any body of water permanently located outdoors or indoors, contained by artificial
means and used and maintained for the purpose of swimming, wading.
T
(Tele)communication Facility: A structure situated on a non-residential site that is intended for
transmitting or receiving television, radio or cellular communications, excluding those used
exclusively for dispatch communications.
Travel (Camping) Trailer, Truck Camper, 5th Wheel Trailer, Trailer Couch: Any vehicle designed,
constructed or reconstructed in such a manner as it will permit occupancy as a dwelling or sleeping
place for one (1) or more persons, notwithstanding that its running gear is removed; jacked up; is
used; or, constructed in such a way as to enable it to be used as a conveyance upon public streets,
highways. This includes self-propelled and non self-propelled vehicles.
U
Use: The activity or purpose for which any land, building, structure or premise, or part thereof is
arranged, designed or intended, occupied or maintained.
Use, Accessory: See "Accessory".
Use, Discretionary: a use or form of development that may be allowed in a zoning district
following application to, and approval of the Council; and which complies with the
development standards, as required by Council, as contained in this Bylaw.
Use, Permitted: A use or development which is rightfully allowed in its zoning district
subject to the regulations of this Bylaw and following application for a development permit
that is approved by the Development Officer.
Use, Principle: The main or primary activity, for which a site or its buildings are designed;
arranged; developed; intended; or, for which is occupied or maintained.
Utility Shed: An accessory building or structure used for the storage of goods with a maximum floor
area of 9.3 m² (100.1 ft²).
V
Vacation Rental: The short-term rental of a dwelling unit as temporary accommodation by a person
or group of persons for up to 30 days or based on a daily or weekly rate by way of concession,
permit, lease, license, rental agreement or similar arrangement, unless otherwise prohibited by this
Bylaw, or any other Bylaw of the Village of Kenosee Lake. A Vacation Rental may also include a
single-detached dwelling which is owner occupied, and in which not more than two bedrooms are
rented.
Vehicle: A device in, on or by which a person or thing is or may be transported or drawn on a
highway and includes special mobile machines and agricultural implements but does not include
vehicles running only on rails or solely on railway company property.
W
Waste Disposal Facility, Liquid: A facility to accommodate any waste which contains animal,
mineral or vegetable matter in solution or suspension, though does not include a holding tank for a
single residence or farmstead, or a manure storage area for an intensive livestock operation.
Waste Disposal Facility, Solid: A facility or a temporary storage facility, to accommodate discarded
materials, substances or objects which originated from residential, commercial, institutional, and
industrial sources which are disposed of in municipal or private landfills or transfer stations, and not
including dangerous goods, hazardous waste or biomedical waste.
Water Body: A lake, pond, reservoir, lagoon, swamp, marsh, wetland or any other area containing
standing surface water, either permanently or intermittently.
Water Course: Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert,
drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either
continuously or intermittently, and has a definite channel, bed, and banks, and includes any area
adjacent thereto subject to inundation by reason of overflow or design flood.
Y
Yard: Uncovered space, open to the sky on the same site with a building or structure.
Yard, Front (Roadside): The roadside area of the property from the front site line to the
nearest extent of the main front building wall, between the side site lines.
Yard, Rear: The lakeside or hillside area of the property from the rear site line to the nearest
extent of the main rear building wall or structure, between the side site lines.
Yard, Side: The area between the side lot line and the nearest extent of the main side wall of
the building or structure.
Yard Setback: The minimum yard required by a provision of this Bylaw and within which, unless
specifically permitted, no building, structure, or part of a building or structure shall be erected.
Z
Zoning District: Divisions identified in the Zoning Bylaw according to Section 5.0 of this Bylaw that
establish permitted and discretionary uses as well as development standards for all sites within the
Village of Kenosee Lake.
Exhibit B: ZONING DISTRICT MAP
MR2
MR2
A
C
R2
R2
R1
R1
5
11
10
6
7
8
B
3
1
4
2
12
Y
D
E
9
Kenosee Lake
Moose Mountain
Provincial Park
Moose Mountain
Provincial Park
PROVINCIAL ROAD 209 / KENOSEE DR
CHRISTINA ST
5
11
10
6
7
8
B
3
1
4
2
12
Y
D
E
9
TRUDEAU AVE
LAKE VIEW ST
HIAWATA ST
OKADOCA ST
WATZAMATTAU ST
CLARK ST
WASECA AVE
SPADINA ST
COCAPA AVE
CHAPA AVE
BIRCH ST
GRANDISON RD
HIGHWAY NO. 9
3
4
Scale
ZONING DISTRICT MAP
Exhibit 'B' of Zoning Bylaw No. 2022-06
Legend
Village Boundary
Parcel
Parcel (Future Subdivision)
R1
Residential
C1
Commercial
CS
Community Service
N
Scale
December 2022
m
0
50
100
250
Mayor
Village Administrator
Date