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RV of KMB Zoning Bylaw 5/20
Page 1
Resort Village of Kivimaa-Moonlight Bay
Zoning Bylaw No. 3/14
Consolidated version including the following Amendments:
BYLAW No. 03/15
BYLAW No. 02/16
BYLAW No. 03/17
BYLAW No. 0/18
BYLAW No. 02/18
BYLAW No. 3/18
BYLAW No. 5/20
BYLAW No. 01/22
NOTE:
This consolidation is not official. Amendments have been incorporated for
convenience of reference and the original bylaws should be consulted for
all purposes of interpretation and application of the law.
DATE: March 21, 2022
RV of KMB Zoning Bylaw 5/20
Page 2
Resort Village of Kivimaa-Moonlight Bay
Bylaw No. 3/14
A bylaw to adopt a Zoning Bylaw for the Resort Village of Kivimaa-Moonlight Bay.
WHEREAS the Planning and Development Act, 2007 (the Act) provides that a municipality may, by bylaw,
adopt a Zoning Bylaw and has authorized the preparation of such a Zoning Bylaw in consultation with a
professional community planner pursuant to section 46 of the Act.
WHEREAS, section 75 of the Act provides that a Zoning Bylaw must be adopted by bylaw, in accordance
with the public participation requirements of Part X of the Act.
WHEREAS, and in accordance with Part X of the Act, the Council of the Resort Village of Kivimaa-
Moonlight Bay held a public hearing on January 13, 2015 in regards to the proposed zoning bylaw, which
was advertised in a weekly paper on December 5, 2014 and December 12, 2014 in accordance with the
public participation requirements of the Act.
WHEREAS, in order to ensure the orderly development of the Resort Village of Kivimaa-Moonlight Bay
the Council deems it necessary to adopt a Zoning Bylaw
WHEREAS, this bylaw repeals and replaces current Zoning Bylaw 4/90.
The Council of the Resort Village of Kivimaa-Moonlight Bay in the Province of Saskatchewan in open
meeting enacts as follows:
1. Schedule "A" attached hereto is hereby adopted as the "Resort Village of Kivimaa-Moonlight Bay
Zoning Bylaw"
2. Schedule "B" attached hereto is hereby adopted as the Official Zoning Map for the Resort Village of
Kivimaa-Moonlight Bay.
3. This Bylaw shall come into force on the date of final approval by the Minister of Governmental
Relations.
________________________________________
MAYOR - Steve Nasby SEAL
________________________________________
ADMINISTRATOR - Jackie Helgeton Seal of Prof. Community Planner
RV of KMB Zoning Bylaw 5/20
Page 3
Resort Village of Kivimaa-Moonlight Bay
Zoning Bylaw - Schedule "A" to Bylaw 3/14
RV of KMB Zoning Bylaw 5/20
Page 4
Table of Contents
1. INTRODUCTION ............................................................................................................................... 6
2. INTERPRETATION ............................................................................................................................ 7
3. ADMINISTRATION ......................................................................................................................... 13
3.1
Development Officer .............................................................................................................................. 13
3.2
Development Permit .............................................................................................................................. 13
3.3
Decisions Regarding Development Applications ................................................................................... 16
3.4
Development Appeals ............................................................................................................................ 21
3.5
Amendment of the Zoning Bylaw .......................................................................................................... 21
3.6
Minor Variances to the Zoning bylaw .................................................................................................... 21
3.7
Enforcement, Offences and Penalties .................................................................................................... 23
4
GENERAL REGULATIONS ............................................................................................................. 24
4.1
Land Subdivision & Servicing Agreements ............................................................................................. 24
4.2
Licenses, Permits and Compliance with other Bylaws and Legislation .................................................. 24
4.3
Uses, Buildings and Structures ............................................................................................................... 24
4.4
Flood prevention and mitigation ........................................................................................................... 27
4.5
Encroachments into Yards ..................................................................................................................... 29
4.6
Signage ................................................................................................................................................... 30
4.7
Municipal Facilities ................................................................................................................................. 31
4.8
Grading and Levelling of a Site ............................................................................................................... 31
4.9
Home Occupations ................................................................................................................................. 32
4.10
Modular and Mobile Homes .................................................................................................................. 33
4.11
Seasonal Campgrounds .......................................................................................................................... 34
4.12
Storage ................................................................................................................................................... 36
4.13
Mixed Use Development ........................................................................................................................ 37
5
ZONING DISTRICTS ..................................................................................................................... 37
5.1
Classification of Zoning Districts ............................................................................................................ 37
5.2
Zoning District Map ................................................................................................................................ 37
5.3
Boundaries of Zoning Districts ............................................................................................................... 38
6
DISTRICT SCHEDULES .................................................................................................................. 39
6.1
R - Residential District ........................................................................................................................... 39
6.2
C-Commercial District ............................................................................................................................ 45
RV of KMB Zoning Bylaw 5/20
Page 5
6.3
UR- Urban reserve District ..................................................................................................................... 49
7
COMING INTO FORCE ................................................................................................................. 49
8
DISTRICT REGULATIONS .............................................................................................................. 50
RV of KMB Zoning Bylaw 5/20
Page 6
1. INTRODUCTION
Under the authority of the Planning and Development Act, 2007, and in
conjunction with Bylaw No. 2/14, the Official Community Plan, the Resort Village
of Kivimaa-Moonlight Bay in the Province of Saskatchewan in open meeting
hereby enacts as follows:
1.1. Title - This bylaw shall be known and may be cited as the Zoning Bylaw of the
Resort Village of Kivimaa-Moonlight Bay.
1.2. Scope - This bylaw pertains to all lands within the Resort Village of Kivimaa-
Moonlight Bay. Development shall be permitted within the limits of the Resort
Village of Kivimaa-Moonlight Bay when it is in conformity with the provisions of
this bylaw.
1.3. Severability - If any section, clause or provision of this Bylaw, including anything
shown on the Official Zoning Map for the Resort Village of Kivimaa-Moonlight
Bay is, for any reason, declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the Bylaw as a whole or any part thereof,
other than the section, clause or provision, including anything on the Official
Zoning Map for the Resort Village of Kivimaa-Moonlight Bay, so declared to be
invalid.
RV of KMB Zoning Bylaw 5/20
Page 7
2. INTERPRETATION
Accessory Use - A use which is incidental and subordinate to, and is customarily
associated with the principal use or building and is conducted on the same lot
with the principal use or building.
Act - The Planning and Development Act, 2007
Adjacent Residential or Commercial Development - any residential or
commercial development that directly borders another residential or
commercial development which is not separated by a road allowance or
Municipal Highway.
Administrator - as defined by the Municipalities Act
Adjacent Residential or Commercial Development - any residential or
commercial development that directly borders another residential or
commercial development which is not separated by a road allowance or
Municipal Highway.
All-Weather Road - an unpaved road constructed of a material and design that
provides for proper drainage in accordance with the Municipality's designated
road design specifications.
Building - A structure constructed or placed on, in or over land, but not including
a highway.
Building Permit - a permit issued under a building bylaw of the municipality
authorizing the construction of all or part of any building.
Building, Accessory - A building, or portion of a building accessory to a principal
building or principal use and located on the same lot. Typically includes garages,
sheds, greenhouses etc. irrespective of being attached or detached to the
principal use building.
Building, Principal - The building in which is conducted the main or primary
use of the lot on which said building is situated.
Campground Operator - the owner or manager of a Seasonal Campground, as
permitted to operate a Seasonal Campground within the Resort Village.
Campground, Seasonal - the seasonal operation of an area of land managed as
a unit, providing temporary short-term accommodation for tents, tent trailers,
travel trailers, recreational vehicles and campers, used by travelers and tourists.
Completed Development - Development is deemed complete when 95% of the
development that was authorized has been completed
Bylaw No. 01/22
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 8
Construction trades - Offices, shops and warehouses, with or without
associated retail sales, of plumbing, heating, electrical, carpentry, masonry, and
other trades associated the construction of buildings.
Council - The Council of the Resort Village of Kivimaa-Moonlight Bay.
Deck - A raised open platform, with or without rails, attached to an approved
building or structure.
Development- The carrying out of the placement, removal, demolition, or
construction of a building or structure. Development also includes excavation,
landscaping, mining, or other operations in, on or over land, or the making of
any material change in the intensity of use of any building or land.
Development Permit - A document authorizing a development issued pursuant
to this bylaw.
Development Standard Interest - An interest registered on the title of a parcel
that identifies a standard to which development on such parcel must adhere.
Discretionary Use - A use or form of development specified in the zoning district
which may be allowed at Council's discretion following application to, and
approval by the Council and subject to specific development standards provided
in this bylaw and prescribed by Council.
Dwelling, Semi-Detached - two (2) dwelling units side by side in one building
unit with a common party wall which separates, without opening throughout
the entire structure, the two (2) dwelling units.
Dwelling, single Detached - A detached building consisting of one dwelling unit,
but shall not include a mobile home as herein defined.
Dwelling Unit - One or more habitable rooms constituting a self-contained unit
used as a residence, with each unit having provision for sleeping, cooking and
toilet facilities.
Estimated Peak Water Level (EPWL) - the water level calculated by Water
Security Agency (WSA) to determine a flood hazard area. It is based on the 1:500
peak flow for rivers and the higher of the 1:500 peak calm level or the 1:100
peak calm level with a 1:5 wind from the most critical direction for most lakes.
Fence-An artificially constructed barrier erected to enclose or screen areas of
land.
Flood Hazard Area - the land area below the EPWL plus a recommended
freeboard.
Flood proofed - means a measure, or combination of structural and
nonstructural measures, incorporated into the design of a structure that
reduces or eliminates the risk of flood damage to a defined elevation.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 9
Floor Area - In the case of a dwelling, the total habitable area, on all floors,
contained within the outside walls of a building, excluding; any attached garage,
porch, verandah, sunroom, unfinished attic, or unfinished basement. In the case
of a non-dwelling the total area on all floors contained within the outside walls
of the building.
Frontage - the side of a lot abutting the street; however in the case of a corner
lot the shorter of the sides shall be the frontage.
Garage, Private - A building, or part of a building used or intended to be used
for the storage of motor vehicles for the dwelling unit to which the garage is
accessory.
Garage, Portable - Any fabric covered frame structure.
Garden Structure - an accessory use and structure intended to provide amenity
to the owner(s), user(s), or patrons of a property. Typical uses and structures
are considered to be trellises, arbors, pergolas, (as commonly defined) and
similar developments based which are based on post and beam open air
construction, which provide structure to which foliage can attach for the
purpose of screening or aesthetics, or to mediate environmental conditions. It
does not include gazebos, detached covered decks, or similar uses with
platforms or walls.Hazard land - is land that is contaminated, unstable, prone to
flooding, or otherwise unsuited for development or occupation because of its
inherent danger to public health, safety or property.
Home Occupation - An occupation, trade, profession, or craft customarily
practiced from a residence and conducted entirely within a dwelling ,or
accessory building to a dwelling, and entirely by the inhabitants thereof, which
use is clearly incidental and secondary to the residential use of the dwelling and
does not change the exterior character of the residential building or lot.
Lot-an area of land with fixed boundaries and that is of record in the Land Titles
Office by Certificate of Title.
Lot Coverage- the percentage of the area of a lot that is covered by all primary,
accessory and ancillary use buildings or structures.
Lot Line, Front-the line that divides the lot from the street. In the case of a
corner lot the front lot line shall be the line separating the narrowest street
frontage of the lot from the street.
Lot Line, Rear - The line at the rear of the lot and opposite the front lot line.
Lot line, Side-A lot line other than a front or rear lot line.
Mayor-The Mayor of the Resort village of Kivimaa-Moonlight Bay.
Bylaw 01/22
RV of KMB Zoning Bylaw 5/20
Page 10
Mobile Home Mobile Home is a detached residential dwelling unit designed
for transportation after fabrication on streets or highways on its own wheels or
a flatbed or other trailer, and arriving at the site where it is to be occupied as a
dwelling complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, location on jacks or other temporary or
permanent foundations, connections to utilities, and the like. A travel trailer is
not to be considered a mobile home. See definition of travel trailer.
Municipality - The Resort Village of Kivimaa-Moonlight Bay.
Non-Conforming Building - A building:
a) That is lawfully constructed or lawfully under construction, or in
respect to which all required permits have been issued , on the date
that this Bylaw or any amendment to the Bylaw affecting the building
or land on which the building is situated or will be situated, becomes
effective, and
b) That on the date this Bylaw or any amendment hereto became
effective, does not, or when constructed will not, comply with this
Bylaw.
Non-conforming Use - A lawful specific use being made of land or a building or
intended to be made of a building lawfully under construction, or in respect to
which all required permits have been issued, on the date this Bylaw or any
amendment hereto affecting the building or land become effective, and that on
the date the Bylaw or any amendment hereto becomes effective does not, or in
the case of a building under construction or in respect of which all required
permits have been issued, will not comply with the Bylaw.
Non-conforming Site - means a site consisting of one or more contiguous
parcels that on the date a zoning bylaw, or an 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.
Parking Space - A space for the parking of one (1) vehicle within a building, or
parking lot with unobstructed access to the adjacent road.
Party Wall - means a vertical wall without an opening, separating two dwelling
units between the top of the footings to the underside of the roof deck, and
shall be common to both dwelling units over at least 40% of the length of each
dwelling unit.
Permanent Residence - A single detached dwelling or mobile home
permanently attached to the site.
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 11
Permitted Use - A use or form of development other than a discretionary use
specifically permitted in the zoning district and subject to the regulations of
the zoning district.
Personal Service Shops -means a development used for the provision of
personal services to an individual, which are related to the care and appearance
of the body , or the cleaning and repair of personal effects, including
barbershops, hairdresser, beauty salons, tanning salons, tailors, dressmakers,
laundromats, shoe repair shops, photographers, but excluding any adult or
sexually explicit services.
Public Work -
a) Systems for the production or distribution of electricity.
b) Systems for the distribution of natural gas or oil.
c) Facilities for the storage, transmission, treatment, movement or
disposal of water or sewage.
d) Telephone, power or light distribution lines.
That are owned or operated by a Utility, Crown or Municipality.
Real Property Surveyor's Report - a report prepared by a certified
Saskatchewan Land Surveyor, certifying both the accurate location of the
foundation and that the proposed elevation of all floors, including basements,
is above the Safe Building Elevation as defined herein.
Safe Building Elevation - the Safe Building Elevation (SBE) is the lowest
permitted elevation of the top of any concrete pads, grade beams, piles or
foundation walls. The SBE is determined from a site specific assessment
conducted by a qualified professional engineer or the Water Security Agency.
Shipping Container - Shall mean a prefabricated metal container or box
specifically constructed for the transport of goods by rail, ship or transport truck.
Site - means one (1) or more contiguous surface parcels as defined under The
Land Titles Act, 2000, and used as a unit for the purpose of regulations under
this Bylaw, as well as the following:
(a)
Shall be of the same title ownership to be considered as a unit; and,
(b)
Shall not exceed two (2) adjacent lots.
Site, Lakeshore - means a site that has a rear site line that directly abuts the
surveyed bank of Turtle Lake, or whose rear site line is directly adjoining the
bank across an intervening municipal, public or environmental reserve.
Street - a public thoroughfare which affords the principal means of access to
the abutting property.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 12
Structure - means anything that is build, constructed or erected, located in, on,
or over the ground, or attached to something located in or over the ground.
Structural alteration - the construction or reconstruction of supporting
elements of a building or other structure.
Subdivision - means a division of land, and includes a division of a quarter
section into legal subdivisions as described in the Land Titles Act.
Transportation System - as defined in the Highways and Transportation Act,
2007.
Travel Trailer - any vehicle used or constructed in such a way as to enable it to
be used as a conveyance upon public streets or highways and includes a self
propelled or non-self-propelled vehicle designed, constructed or reconstructed
in such a manner as will permit a sleeping place for one (1) or more persons
notwithstanding that is running gear is removed or that is jacked up.
Yard - any part of a lot unoccupied and unobstructed by any principal building.
Yard, Front - A yard extending across the full width of a lot between the front
lot line and the nearest main wall of the principal building or structure on the
lot.
Yard, Rear - A yard extending across the full width of the lot between the rear
lot line and the nearest main wall of the principal building or structure on the
lot.
Yard, Required - The minimum size of a front, side or rear yard required under
this bylaw.
Yard, Side - A yard extending from the front yard to the rear yard between the
side lot line and the nearest wall exclusive of the eaves of the principal building
on the lot.
Zoning District - A specifically delineated area of the municipality within which
certain uniform requirements and regulations, various combinations thereof,
govern the use, placement, spacing and size of land or structures.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 13
3. ADMINISTRATION
3.1
DEVELOPMENT OFFICER
The Administrator of the Resort Village of Kivimaa-Moonlight Bay or other
person as may be appointed through resolution of Council shall be the
Development Officer responsible for the administration of this Bylaw.
3.1.1
Referrals:
a)
The development officer may submit any application to Council for a
decision on the interpretation of the bylaw, or on special conditions
provided for in the bylaw, and shall inform the applicant of this action.
3.2 DEVELOPMENT PERMIT
3.2.1 Except as provided in Section 3.2.3 no person shall undertake a development or
commence a use unless they obtain a development permit. No development
permit is valid unless it conforms to the Zoning Bylaw.
3.2.2 An application for a development permit shall be made in Form A which is
attached to and forms part of this Bylaw, or in such other form as may be
adopted by Council by resolution from time to time.
3.2.3 A development permit is not required for the following, provided that all other
provisions and regulations of the Bylaw are conformed to:
a)
The maintenance of a public work;
b)
The construction of a public work by the Resort Village of Kivimaa-
Moonlight Bay;
c)
The installation of a public work on any street or other public right-of-
way;
d)
Temporary signs;
e)
Maintenance and repairs that do not include structural alterations;
f)
Accessory buildings equal to or less that 100 ft2.
g)
Open decks equal to or under 9.3 sq. metres (100 sq. ft.).
h)
Fences, but are subject to general regulations herein and all height
restrictions in zoning districts.
i)
Swimming pools and other yard recreation equipment."
3.2.4 Removed.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 14
3.2.5 Real Property Surveyor's Reports (RPSR):
a) Any proposed residential or commercial development that directly
borders another residential or commercial development may be
required to produce a RPSR for all buildings or structures 18.6 square
metres (200 square feet) in area or larger on a permanent foundation,
except those exempted by clause 3.2.2, from requiring a development
permit. The RPSR shall be undertaken by a Saskatchewan Land
Surveyor after installation of the permanent foundation, but before
installation or construction of the building above the permanent
foundation.
b) A development permit application for a proposed residence on
potentially hazardous land as defined in this Bylaw and the OCP or
lands that have an interest registered on the title pursuant to Section
130 of the Act, may be required to submit an RPSR prepared by a
Saskatchewan Land Surveyor, which illustrates that the proposed
elevation of the finished main floor is above the Safe Building Elevation
(SBE) as defined herein."
3.2.6 If the development authorized by a development permit is not commenced with
12 months from the date of its issue, and completed within 24 months of its
issue, the permit is deemed to be void, unless an extension of this period shall
first have been granted in writing by the Development Officer.
3.2.7 No new Development Application will be considered on lots or parcels of land
where there is a pending Development Application or a Non Compliance Order
that has yet to be ruled on by the Council or an Appeal Board.
3.2.8 The following development permit fees are applicable: Permitted Use - $100,
Discretionary Use $200, Sign permits $50.
3.2.9 The Development Officer shall review all applications for completeness and shall
inform an applicant whose application is not complete, of the information or
documentation required to complete the application, and that the application
will not be considered until it is complete.
3.2.10 The Development Officer retains the right to ask for any studies or research they
believe is necessary for making a decision on a development permit, at the cost
of the applicant, before rendering a decision. Such inclusion may contain:
a) Major drainage paths for water travelling over the lot.
b) Easements on the site.
c) Fencing, screening and garbage storage areas.
d) The proposed location, size and elevation of the sewer and water
connections.
e) A site plan done by a Saskatchewan Land Surveyor (SLS).
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 15
f) Reclamation plans, emergency measure plans, etc.
g) Any and all photos or pictures required by this zoning bylaw as listed
in section 3.2 - Development Permit.
3.2.11 Council may require the submission of a letter of credit, performance bond,
servicing agreement, or any other form of assurance to ensure that the
development is constructed and completed in accordance with the
development standards and regulations set forth within this Bylaw.
a) All agreements for letter of credits, performance bonds, and servicing
agreements shall individually stipulate procedures for the release or
completion of the agreement that will be mutually agreed upon
between the municipality and the developer(s)."
RV of KMB Zoning Bylaw 5/20
Page 16
3.3
DECISIONS REGARDING DEVELOPMENT APPLICATIONS
3.3.1 The decision made on all applications shall be given to the applicant in writing
in form B, or in such other form as may be adopted by Council by resolution from
time to time.
3.3.2 Upon completion of the review of an application for a permitted development,
the Development Officer shall:
a) Where the application conforms to all the provisions of this Bylaw,
issue a development permit; or
b) Where the class of development of use is subject to special
regulations, performance standards or development standards
specified in this Bylaw, issue a development permit which shall specify
those regulation or standards to which the development is specially
subject; or
c) Where the development officer is unsure of the proper interpretation
of a provision, submit the application to Council for a ruling; or
d) Refuse the application where the provisions of this Bylaw are not met,
indicating to the applicant the reasons for the refusal.
3.3.3 Discretionary Uses
a) This section addresses special provisions and specific development
standards that apply to the following developments. These standards
apply in addition to any standards of any zoning district.
b) Where the application is for a discretionary use the applicant shall, in
addition, provide a written description of the proposed development,
describing the intended use and operations, structures to be located
on the site, required municipal services, and any other information
that Council determines is necessary to fully review the proposed
development.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 17
c) Council may approve the application, reject the application, or
approve the application with conditions, including a condition limiting
the length of time that the use may be conducted on the site in order
to secure the objectives of the OCP, or Zoning Bylaw, with respect to:
1.
The nature of the proposed site, including its size, shape, and
intensity and the proposed size, shape and arrangement of
buildings in relation to the intent of the zoning district within
which it is proposed.
2. The accessibility and traffic patterns for persons and vehicles, the
type and volume of that traffic and the adequacy of proposed off-
street parking and loading.
3.
The safeguards afforded to minimize noxious or offensive
emissions including noise, glare, dust and odour.
4. Any treatment given, as determined by the Council, to aspects
including landscaping, screening, open spaces, parking and
loading areas, lighting and signs but not including the colour,
texture or type of materials and any architectural detail.
d) Where a discretionary use is deemed by the Development Officer to
have a potentially significant effect upon assessed landowners along a
transportation system, the area of notification may be extended to
include a larger area as Council deems necessary to affected
landowners along this system.
e) Council has designated discretionary uses as identified within each
zoning district where, in Council's opinion, the type of development
may have one (1) or more features or potential effects that warrant
proposal-specific review in terms of this Bylaw, such as:
1.
The proposed development is suitable in the individual zoning
district as proposed.
2.
Specific development standards should be applied by means of a
development agreement.
f) The subdivision, development or implementation of any plan or
proposal within Kivimaa-Moonlight Bay is subject to the policies
contained in the OCP, Zoning Bylaw and all development review
criteria.
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
Bylaw No. 2/16
RV of KMB Zoning Bylaw 5/20
Page 18
1.
Applications shall also be evaluated based on additional criteria
for specific discretionary uses listed within individual zoning
districts.
g) The Development Officer shall prepare a report for Council concerning
the application or proposal which may contain recommendations,
including conditions of approval to be applied in accordance with the
Act, the OCP or this Bylaw.
h) Where, in Council's opinion, there is a need to consider the effects of
a discretionary development further in the future with the benefit of
direct observation of its features and effects in the approved location
and setting, or where Council believes there is potential for changes in
the vicinity of the development that may alter its fit, Council may
approve the development for a specified length of time.
i)
Where, in Council's opinion, the proposed development has one (1) or
more features or effects that warrant the application of specific
development standards to achieve the fit Council desires, these
standards shall be identified as conditions of approval and may include
a development agreement.
3.3.3.1 Discretionary Use Evaluation Criteria
a) Council may approve the application, reject the application, or
approve the application with conditions, including a condition limiting
the length of time that the use may be conducted on the site in order
to secure the objectives of the OCP or Zoning Bylaw, with respect to:
1.
The nature of the proposed site, including its size and shape and
the proposed size, shape and arrangement of buildings.
2.
The accessibility and traffic patterns for persons and vehicles, the
type and volume of that traffic and the adequacy of proposed off-
street parking and loading.
3.
The safeguards afforded to minimize noxious or offensive
emissions including noise, glare, dust, and odour.
4.
Any treatment given, as determined by the Council, to aspects
including landscaping, screening, open spaces, parking and
loading areas, lighting and signs, but not including the colour,
texture or type of materials, and any architectural detail.
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Exhibit 1: Discretionary Use Evaluation Criteria
EVALUATION
CRITERIA
SUMMARY STATEMENT
1.
Roadways
Council will assess and consider the capacity of existing
roadway infrastructure to accommodate the proposed use.
2.
Air Resources
Council will assess and consider the potential effects of the
proposed discretionary use on air resources.
3.
Soil Resources
Council will assess and consider the potential effects of the
proposed discretionary use on soil resources.
4.
Water
Resources
Council will assess and consider the potential effects of the
proposed discretionary use on water resources.
5.
Waste
Management
Council will assess and consider the generation of waste
resulting from the proposed use and the capacity of existing
waste management services to accommodate the proposed
use.
6.
Natural and
Heritage
Resources
Council will assess and consider the potential effects of the
proposed discretionary use on natural and heritage resources.
7.
Sustainability
Council will assess and consider the potential effects of the
proposed discretionary use as it contributes to social,
economic and physical sustainability for the Municipality.
b) In exercising its discretion Council will consider the evaluation criteria
identified in Exhibit 1 above. Council will determine the extent and
nature of the information and analysis required to render a decision
and may, upon initial review of an application, request specific
additional information and analysis from the applicant.
3.3.3.2 Advertising Discretionary Use Applications
a) The Development Officer shall advise the applicant for a discretionary
use that advertisement for the proposed use will be required by
mailing a copy of the notice to the assessed owner of each property
within 75 metres (246 feet) of the land affected.
b) In addition to the requirements specified in Clause (1) the
Development Officer shall publish a notice in a newspaper that is
circulated in the Municipality at the cost of the applicant.
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c) The notice shall:
1.
Describe the use applied for.
2.
Describe the location of the use.
3.
Specify the date, time, and location of the Council meeting at
which the application will be considered.
d) The notice shall be posted, delivered, and published at least seven (7)
days, and mailed at least twelve (12) days, prior to the date of the
meeting.
e) The applicant shall pay a fee equal to the costs to the Municipality
associated with the public advertisement.
3.3.3.3 Validity of Discretionary Use Approvals
a) A new discretionary use approval is required from Council where
Council has previously approved a discretionary use, or a specific
discretionary intensity of use, and:
1.
The use ceased and was replaced by another use.
2.
The use ceases for a 12 month period.
3.
A building required for the approved use is not started within six
(6) months or completed within twelve (12) months.
4.
The use is not started within six (6) months of completion of the
building.
5.
A use not requiring construction of a building is not started within
six (6) months.
6.
The applicant applies to increase the specifically approved
intensity of use.
3.3.3.4 Time Limited Discretionary Uses
a) Where Council has approved a discretionary use for a limited time, as
specified on Form B, and that time has expired, that use of land or
structure on that property shall cease until such time as a new
discretionary use application is submitted and Council approval is
provided.
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3.4
DEVELOPMENT APPEALS
3.4.1
Development Appeals Board - A Development Appeals Board of the Resort
Village of Kivimaa-Moonlight Bay shall be appointed in accordance with
Section 26 of the Planning and Development Act 2007.
3.4.2
Where an application for a permitted use or form of development has been
refused, the applicant shall be advised of the right of appeal to the
Development Appeals Board of the Resort Village of Kivimaa-Moonlight Bay.
3.4.3
Where an application for a discretionary use or form of development has been
approved by Council with prescribed development standards pursuant to the
Bylaw and the applicant is of the opinion that the development standards
prescribed exceed those necessary to secure the objectives of the Bylaw, the
applicant may within 30 days of the date of Council's approval appeal the
development standards prescribed with the approval of the discretionary use
or form of development to the Development Appeals Board of the Resort
Village of Kivimaa-Moonlight Bay and from that Board, if necessary, to the
Provincial Planning Appeals Board in accordance with the Act.
3.4.4
An application for a development permit shall be deemed to be refused when
a decision thereof is not made with 40 days after the receipt of the application
in its complete and final form by the Development Officer. An appeal may be
made as provided in the Planning and Development Act, 2007 as though the
application had been refused at the end of the period specified in that
Act.
3.5
AMENDMENT OF THE ZONING BYLAW
3.5.1
Fees - where an application for an amendment to this Bylaw is made to
Council, the applicant shall pay the costs incurred for the administration and
advertisement of the proposed amendment pursuant to section 51 of the
Planning and Development Act, 2007.
3.6
MINOR VARIANCES TO THE ZONING BYLAW
3.6.1
An application for a minor variance to the Zoning Bylaw shall be made to the
Development Officer in a form as prescribed by the Development Officer.
3.6.2
The Development Officer shall maintain a register of all minor variance
applications.
3.6.3
The Development Officer may vary the requirements of the Zoning Bylaw
subject to the following conditions:
a) A minor variance may be granted for variation only of:
1.
The minimum required distance of a building from the site line.
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2.
The minimum required distance of a building to any other building
on the site.
b) The maximum amount of minor variance shall not exceed a 10%
variation of the requirements of the zoning district where the
development permit is applied.
c) The development shall conform to the Zoning Bylaw with respect to
the use of land.
d) The relaxation of the Zoning Bylaw shall not injuriously affect
neighbouring properties.
3.6.4
No minor variance is allowed in connection with an agreement on rezoning
and/or on the cost of any fees as listed in this bylaw.
3.6.5
A minor variance must conform to any applicable provincial land use policies
or Statements of Provincial Interest, adopted pursuant to the PDA.
3.6.6
On receipt of an application for a minor variance, the Development Officer
may:
a) Approve the minor variance.
b) Approve the minor variance and impose terms and conditions on the
approval.
c) Refuse the minor variance.
3.6.7
Where an application for a minor variance is approved, with or without terms
and conditions being imposed, the Development Officer shall provide written
notice to the applicant and to the assessed owners of property having a
common boundary with the land that is the subject of the application.
3.6.8
Where the Development Officer imposes terms and conditions on an approval
pursuant to this section, the terms and conditions shall be consistent with:
a) Minimizing adverse impacts on neighbouring properties, including any
potential change in fire rating requirements, or the obstruction of sight
lines.
b) Providing adequate separation between buildings for safety reasons.
c) Avoiding encroachment into adjoining property, by reduction of
allowable projects or other potential encroachments.
3.6.9
Where an application for a minor variance is refused, the Development Officer
shall notify the applicant in writing of the refusal and provide reasons for the
refusal. This refusal shall contain:
a) Contain a summary of the application for minor variance.
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b) Provide a reason for and an effective date of the decision.
c) Indicate that the adjoining assessed owner may within 30 days submit
a written objection with the Development Officer to appeal the refusal
to the Development Appeal Board.
d) Where there is an objection described in clause (c), advise the public
that the applicant will be notified of the right of appeal to the
Development Appeal Board.
3.6.10 Where the applicant appeals the Council`s decision regarding the minor
variance Development Officer shall follow sections 219 to 227 of the PDA.
3.7
ENFORCEMENT, OFFENCES AND PENALTIES
3.7.1
Where the Development Officer has reasonable grounds to believe that
development of property contravenes any provision of the zoning bylaw, they
may at a reasonable time, and with the consent of the owner, operator, or
occupant, or having been refused consent with a warrant, enter any land,
building, or premises for the purposes of inspection.
3.7.2
Order by the Development Officer:
a) Where the Development Officer has determined that a violation of this
zoning bylaw has occurred, the Development Officer may issue an
order to correct the violation pursuant to section 242 of The Act, 2007.
b) The order shall specify the contravention, and may require the owner,
operator, or occupant to do any or all of the following: discontinue the
development, alter the development so as to remove the
contravention, restore the land, building or premises to its condition
immediately prior to the development or form of development, and
complete the work necessary to comply fully with the zoning bylaw.
c) The order shall specify the time when the actions required by clause
(b) are to be complete and shall advise of the rights of appeal.
d) The Development Officer may register an interest against the title to
the property, based on the order, and shall discharge the interest once
the order is complied with.
e) The Development Officer may apply to the Court of Queen's Bench to
enforce the order, or the order as amended by the Development
Appeal Board or the Saskatchewan Municipal Board on an appeal.
3.7.3
Any person who violates this zoning bylaw is guilty of an offence and liable on
summary conviction to the penalties set forth in The Act, 2007.
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4 GENERAL REGULATIONS
4.1
LAND SUBDIVISION & SERVICING AGREEMENTS
4.1.1
Council will support the development of new subdivisions within the Resort
Village subject to the provisions of the Official Community Plan. Such parcels
of land may be considered for development in stages subject to the
preparation of a concept plan for the entire parcel.
4.1.2
Infilling development on the existing subdivisions will be the priority of council.
4.1.3
Priority for new development will be focused on the districts zoned UR - Urban
Residential.
4.1.4
This municipal bylaw limits the number of newly subdivided lots per
application.
4.1.5
Council will require a signed servicing agreement prior to supporting any
subdivision application.
4.2
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
4.2.1
Nothing in this Bylaw shall exempt any person from complying with the
requirements of any other municipal, provincial or federal regulation and
requirement of obtaining any license, permission, permit, authorization or
approval required by such requirements or regulations.
4.3
USES, BUILDINGS AND STRUCTURES
4.3.1
Only one principal use shall be permitted on a lot in any district.
4.3.2
The combined floor area of all accessory and ancillary buildings shall not
exceed the floor area of the principal use building.
4.3.3
Accessory and ancillary buildings shall not be constructed or placed on any site
prior to the construction of the principal building except as follows:
(a) Where a development permit has been issued for a principal building,
Council may, at its discretion, allow prior development of an accessory
building where such building is required for the storage of construction
material or equipment. If the principal building is not completed in the
time period required, the accessory building is to be removed.
4.3.4
To foster increased fire protection, all buildings must be separated a minimum
of 1.5 m at their outside walls and .5 m at their eaves, or greater if required by
any Building bylaw adopted by the municipality.
4.3.5
The regulations for principal and accessory buildings and structures in Table 1
shall apply.
4.3.6
No building or structure shall exceed a height of 10 m from ground level.
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a prohibited use in the resort village.
4.3.8
All uses and forms of development within a district shall comply with the
regulations contained in the district schedules in section 6.
4.3.9
Gazebos, pergolas and similar structures shall be considered a structure as
defined under this bylaw, and shall be included within the maximum number
of accessory buildings allowed per lot or parcel, and shall be incorporated into
lot coverage percentage calculations.
4.3.10 The combined total lot coverage of principal and accessory buildings shall not
exceed 50 percent (50%) of the total area of the lot or parcel.
4.3.11 The movement of any new or existing accessory building onto or within a lot
or parcel shall require a development permit and building permit application.
4.3.12 Uncovered outdoor swimming pools and other yard recreation equipment
shall abide by accessory building structure setback regulations, but shall not
require the submission of a Development Permit or Building Permit
Application.
4.3.13 The combined main floor area of all accessory buildings and structures shall
not exceed the main floor area of the principal building on site, except where
applications pertaining to section 4.3.3 have been received.
4.3.14 Attached Structures:
a) Private garages, carports, sunrooms and similar structures attached to
the principal or accessory building or structure shall be considered part
of said structure and subject to the regulations for the principal
building or structure.
4.3.15 Decks and Balconies:
a) Open decks shall be required to be a minimum of 1.5 metres (5.0 feet)
from any site line.
b) Any covered deck that is attached to the roof of any principal or
accessory building shall be considered a part of said building footprint,
and subject to the yard requirements of that structure.
c) Any balcony that is attached to any principal or accessory building shall
be considered a part of said building footprint, and subject to the yard
requirements of that structure.
d) Open decks under 9.3 sq. metres (100 sq. ft.) shall not require the
submission of a Development Permit Application.
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4.3.16 Fences:
a) In this section "height" means the vertical distance of the wall or fence
measured from the ground level immediately adjacent to the structure
to the highest point of the structure.
b) Subject to all height restrictions specified in zoning districts.
c) Electrical wire and other forms of electrified fences are prohibited in
every district.
d) This section nor any regulations herein shall apply to hedges, plants,
or trees.
e) In the case of a corner lot, no wall or fence shall be placed as to create
a visual obstruction in a sight triangle.
f) Commercial District:
1.
Where the development abuts a Residential District, approval
conditions may require a fence to be designed to attenuate noise
and sight.
2.
The maximum height along any lot line shall be no greater than
2.4 metres (8.0 feet).
3.
Barbed wire shall be permitted to line the top 25% of the fence.
g) Fences for public utilities, public works and municipal facilities shall be
permitted in every District, with no limitations.
h) No height limitations apply to the following:
1.
Temporary construction fences.
2.
Fences associated with essential public services and utilities,
public parks, playgrounds, or public buildings.
3.
Notwithstanding the regulations set out above, all fences are
subject to federal and provincial safety regulations.
4.3.17 Portable Garage and Shelters
a) All portable garages and shelters will be considered an Accessory Use
in Residential and Commercial Districts for the purposes within this
Zoning Bylaw and require a Development Permit prior to construction
or placement, unless otherwise exempt as stipulated in Section 3.2.3 -
Development Permit.
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b) All portable garages and shelters must also conform to the following:
1.
Portable garages shall not be located in the front yards.
2.
The approval shall cause adverse effects to surrounding and
existing land uses.
3.
Portable garages and shelters shall be adequately anchored.
4.
The portable garage and shelter will not be electrically wired or
heated.
4.3.18 Garden Structures
a) All garden structures shall have a maximum height of 2.74 metres (9.0
feet) above grade and a maximum length and/or width of 8.54 metres
(28.0 feet).
b) Garden structures shall be designed as to not impede access within a
site in the case of an emergency or for servicing, or shall otherwise be
considered (re)movable.
c) Garden structures must be contained entirely within the site to which
they are accessory to an allowable principal use.
4.4
FLOOD PREVENTION AND MITIGATION
4.4.1
Where a proposed development of a building is to be located on land
considered by Council to be potentially hazardous, the land shall be deemed
"hazard lands". Council may require the applicant to submit sufficient
topographic and other relevant information to determine if the development
will be within:
a) The 1:500 flood hazard elevation.
b) Within 50.0 metres (164.0 feet) of any slope that may be unstable.
4.4.2
The Safe Building Elevation (SBE) for each lot within the Resort Village has been
identified by the Water Security Agency and is titled "Kivimaa-Moonlight Bay:
Safe Building Elevation (SBE)" map, which forms part of the Official Community
Plan Bylaw No. 02/14.
a) All proposed development may have a surface drainage plan signed by
a Professional Engineer, and shall be directly entirely on the proposed
lot with no adverse effects or drainage onto adjacent lots or parcels.
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b) All parcels may be required to provide a Real Property Surveyor's
Report as stated in section 3.2.5 (b).
c) Development below the SBE may be considered only when sufficient
flood-proofing measures are undertaken by a Professional Engineer
and submitted at time of application. Flood-proofing may include, but
is not limited to all foundations and utilities located below the SBE are
to be constructed to withstand flooding and floating ice, and shall not
have openings that might allow flood water to enter.
4.4.3
Council may require that before a Development Permit is issued on hazard
lands as identified in section 4.4.1, the applicant may be required to submit a
report prepared by a professional competent to assess the suitability of the
site for development, and which in the opinion of Council, shows that the
proposed site and development is suitable with respect to the following where
relevant:
a) The potential for flooding up to the SBE, to be determined from
specific site investigations, or where not involving any building, such
lower elevation as may be suitable for the proposed use.
b) The potential for slope instability.
c) The required mitigation measures for construction on areas of high
water tables, in slopes or on contaminated sites if any.
4.4.4
Council may require that before a permit be issued on hazard lands, in flood
risk areas, as identified in this section, the applicant may be required to supply
the following:
a) All development, redevelopment or major alterations and additions
shall be adequately flood proofed to at least the elevation of the
registered or identified SBE level.
b) The bottom of the joists on the first floor, or the bottom surface of the
slab on grade, of the building or structure shall be at least the elevation
of the registered or identified SBE level.
c) Basements shall have adequate flood proofing, and shall be designed
to withstand any forces generated by flood water up to and including
the elevation of the registered or identified SBE level.
d) Plumbing outlets may be permitted in basements below the registered
SBE provided they contain an automatic shut-off valve approved by a
certified Inspector.
e) Electrical outlets may be permitted in basements below the registered
SBE provided they contain an independent switch for each outlet. The
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f) main switch box, heating and air conditioning units shall be located
above the registered SBE level.
g) Foundations and walls of any building or structure may be required to
be adequately flood proofed to at least the elevation of the registered
or identified SBE level. All plans for development shall be certified by
a Professional Engineer or Architect.
4.4.5
Actions identified in an assessment prepared pursuant to preceding sections
which prevent, change, mitigate or remedy hazards in lands deemed
hazardous may be incorporated as conditions to issuance of any development
permit.
4.4.6
Council may refuse a permit for any development for which, in Council's
opinion, the proposed actions are inadequate to address the adverse effects
to will result in excessive municipal costs due to the hazard lands.
4.4.7
Riparian Areas Protection Regulations:
a) Any area that fits the definition of a riparian area as defined in this
Zoning Bylaw, Council shall prohibit all removal of trees and vegetation
as of the passing of the date of this Bylaw, except for 4.4.7(c).
b) Should any vegetation is removed it shall be replaced at the cost of the
offending party, or the municipality shall then charge the offending
party for the full cost of replacing the vegetation in the altered area
and restore the land, building or premises to its condition immediately
before the undertaking of the development or form of development.
c) Council may allow for the removal of vegetation in a riparian area if
they believe the vegetation will provide a health or safety risk to
property or the public.
d) No dwelling units shall be permitted within riparian areas."
4.5 ENCROACHMENTS INTO YARDS
4.5.1
Where minimum yards are required in any district, such minimum
requirements shall not apply to the following:
a) Fences, light standards, flag poles, A/C units, trees, shrubbery, garden
structures
b) Bay windows, chimneys, sills, cornices or roof overhangs may
encroach to a maximum of 0.6 metres into the required yard.
c) Signs (see section 4.6)
4.5.2
Sight Triangles:
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a) The following uses are prohibited in a sight triangle:
1.
A building, structure, wall, fence, sign, hedge or shrub, or use
which would obstruct the vision of drivers of motor vehicles.
2.
Parking.
3.
A fence or tree, hedge, bush or other vegetation, the top of
which exceeds 1.0 metres (3.3 feet) in height above the
elevation of the centre lines of abutting streets.
b) The following are allowed in any sight triangle:
1.
Government signage and government sign posts.
2.
Fire hydrants, benches and traffic control devices.
3.
Utility poles, and one utility transmission or control device.
4.6
SIGNAGE
4.6.1
All signs shall be subject to the following requirements.
4.6.2
Signs in Commercial Districts
a) No more than two signs are permitted on the premises.
b) An additional temporary sign not exceeding 1 m2 bearing notice of sale
or lease of the property or building relating to a temporary condition
affecting the premises is permitted so long as the temporary condition
exists;
c) No sign shall have a facial area exceeding 3.5 m2
d) Signs may be double-faced;
e) Illuminated signs shall have a steady light source which is suitably
shielded;
f) No sign shall be located in any manner that may obstruct or jeopardize
the safety of the public.
g) Signs shall not project beyond any lot line.
4.6.3
In All Other Districts
a) No more than one permanent sign is permitted on the premises;
b) An additional temporary sign bearing notice of sale or lease.
c) The sale of produce, household items, or information relating to a
temporary condition affecting the premises is permitted so long as the
temporary condition exists.
d) For residential uses, no sign shall have a facial area exceeding 0.4 m2;
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e) No sign shall be located in any manner that may obstruct or jeopardize
the safety of the public;
f) Signs shall not project beyond any lot line.
4.7
MUNICIPAL FACILITIES
4.7.1
Public works and municipal facilities, except solid and liquid waste disposal
sites, shall be permitted uses in every zoning district, and unless otherwise
specified by this Bylaw, and no minimum site or yard requirements shall apply.
4.7.2
Water Supply and Waste Disposal:
a) Subject to the Provincial Regulations administered by the Ministries
responsible for Health and Environment, no liquid, solid or gaseous
wastes shall be allowed to be discharged into any stream, creek, river,
lake, pond, slough, intermittent drainage channel or other body of
water, onto any land or into the air.
b) A copy of all approved development permit applications, involving the
installation of water and sanitary services, shall be sent to the local
office of the Prairie North Health Region. It is the responsibility of the
applicant to secure permits for installation of water and sanitary sewer
services.
c) There a pipeline or other utility or transportation facility will cross a
municipal road, Council may apply such special design standards as it
considers necessary (i.e., designation of Municipal or Environmental
Reserve) to protect the municipal interest in the existing and future
improvements to the road.
4.8
GRADING AND LEVELLING OF A SITE
4.8.1
Any site proposed for development shall be graded and levelled at the
developers or owner's expense as is necessary to provide for adequate surface
drainage.
4.8.2
Grading, leveling or placement of fill shall be located entirely within the
boundaries of the site.
4.8.3
Fill must be placed so that natural drainage courses, ditches, and culverts
within and surrounding the site are not blocked or diverted, and does not
cause off-site adverse effects to neighbouring properties.
4.8.4
Fill placed on a site must be compacted sufficiently to ensure that the finished
grade level does not sink below specified Safe Building Elevations.
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4.8.5
Failure to perform reasonable measures to prevent erosion of fill material into
water bodies or water courses is in violation of this bylaw and is subject to
Section 3.6 -Offences and Penalties. Persons found in violation will be subject
to a penalty that reflects the recovery cost of the municipality to perform site
remediation and treatment.
4.9
HOME OCCUPATIONS
4.9.1
Where allowed in specific zoning districts, home occupations are subject to
the regulations within this section and the regulations within the zoning
district that it is located.
4.9.2
Shall clearly be secondary and accessory to the use of a dwelling unit as a
private residence.
4.9.3
Shall not cause a variation in the residential character and appearance of the
dwelling, accessory residential building, or property; except for permitted
signs.
4.9.4
Shall be conducted entirely within the dwelling or accessory building.
Applications shall identify which structure the building will entirely operate
from.
4.9.5
Shall not require the parking of more than two (2) client vehicles at any time.
Off-street parking shall be provided on site for any resident vehicles.
4.9.6
Shall not have any exterior display, outdoor storage of materials, or exterior
variation from the residential character of the residence or its accessory
building.
4.9.7
Persons employed in the home occupation shall be full time residents of the
dwelling. Council may, in its approval, provide for up to two (2) other persons
employed by the home occupation where such persons are employed to work
off-site.
4.9.8
The discretionary use approval for a home occupation shall cease to be valid
when the operation ceases in accordance with Section 3.3.3.3 - Validity of
Discretionary Use Approvals, or where the operator relocates to another site.
A new discretionary use approval is required before the home occupation may
restart operation.
4.9.9
The following uses shall not be allowed as home occupations, regardless of
whether applications for such uses would otherwise comply with the
applicable standards of this Bylaw:
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a) Businesses utilizing large power tools and machinery, or businesses
involved in the mass production of similar items or products.
b) Restaurants.
c) Health or fitness clubs.
d) Headquarters of base of operations of a trucking, delivery, or towing
operation.
e) Hotels and hospitals.
f) Laundry services.
g) Motion picture or recording studios.
h) The painting, repairing, refitting, cleaning, refurbishing, or selling of
motor vehicles or machinery.
i)
Rental services.
j)
Upholstery services.
k) Veterinary services, boarding, grooming or care of animals.
l)
Welding or metal works.
4.9.10 Home occupations shall not create any conflict in terms of emission of noise,
glare, dust, odour, radio interference, traffic congestion (vehicular or
pedestrian) or disturbance between the hours of 10 p.m. and 7 a.m. that would
be disruptive to the surrounding residential uses.
4.9.11 Council may apply special standards in the issuing of a development permit
limiting the size of the operation, and buildings used for the operation, as well
as any other size, height or safety restrictions necessary to protect the area
from the possible risks posed by a home occupation. Any increase in the
operation or major change to the operation will require a new development
permit.
4.9.12 Council may apply special standards in the issuing of a development permit
such as screening storage areas, fencing in yards, landscaping to hide from
certain features or regarding the placement of signs in order to ensure the
aesthetic quality of the residential neighbourhood.
4.10 MODULAR AND MOBILE HOMES
4.10.1 All manufactured homes are subject to the following development standards:
a) All Applicants shall be required to provide certification number, or a
bill of sale, or insurance registration at time of application.
b) Every modular home shall:
1.
Foundations
shall
attain
the
National
Building
Code
requirements.
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2.
Include engineered floor trusses, two (2) inch by six (6) inch
exterior walls, eight (8) foot ceilings and primed and painted
drywall.
3.
Ensure that basement wall and grade beam support shall be
attached to the perimeter of the building.
4.
Ensure that structural additions to a modular home shall have a
permanent foundation and shall have exterior siding and
skirting installed which matches that of the modular home.
c) Every mobile home shall:
1.
Either be attached to a permanent foundation or be anchored
to the ground and skirted, prior to occupancy.
2.
Include two (2) inch by eight (8) floor joists on a steel frame, two
(2) by six (6) exterior walls, 7.5 foot ceilings.
3.
Ensure that pre-finished metal, plastic or other similar pre-
finished skirting which matches the mobile home siding shall be
vertically installed between the underside of the mobile home
and the ground.
4.10.2 In Residential Districts:
a) All modular homes shall be place on a permanent foundation at a
standard comparable to a single-detached dwelling.
b) Modular homes shall be permanently connected to potable water and
sewer services and permanently connected to other public utilities,
where applicable.
4.11 SEASONAL CAMPGROUNDS
4.11.1 The applicant for a Development Permit for a seasonal campground shall
provide the Development Officer with a site plan, identifying any buildings,
uses of land and the location of all roadways and recreation vehicle or tent
campsites with dimensions.
a) All applications for a development permit shall provide the
Development Officer with a site plan completed by a Saskatchewan
Land Surveyor of the proposed seasonal campground.
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4.11.2 A Development Permit for seasonal campgrounds shall be required for the:
a) Addition or rearrangement of sites.
b) Construction or moving of buildings.
c) Change in use of portions of land.
d) Filling or clearing of land.
4.11.3 A seasonal campground shall have, within its boundaries, a buffer area
abutting the boundary of not less than 4.5 metres (14.8 feet) in width, which
shall contain no buildings.
4.11.4 A site for each recreation vehicle (RV) and campsite permitted in the seasonal
campground shall be designated and clearly marked on the ground.
4.11.5 Each RV site shall have a minimum area of 100.0 sq. metres (1,076.4 sq. feet).
4.11.6 No portion of any campsite shall be located within an internal roadway or
required buffer area.
4.11.7 Each campsite shall have a direct and convenient access to a developed
internal roadway, which shall not be located in any required buffer area.
4.11.8 Each RV shall be located at least 4.5 metres (14.8 feet) from any other RV and
each campsite shall have dimensions, location and orientation sufficient to
allow for such location of RVs.
4.11.9 The space provided for roadways within a seasonal campground shall be at
least 7.5 metres (24.6 feet) in width. No portion of any campsite, other use or
structure shall be located in any roadway.
4.11.10 A seasonal campground may include, as an accessory use, laundry facilities or
convenience store designed to meet the needs of occupants of the sites and a
single caretaker's unit.
4.11.11 No RV shall be stored on any campsite when the campground is not open.
4.11.12 The Public Health Act and regulations passed there under shall be complied
with in respect of all operations and development of seasonal campgrounds.
4.11.13 Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained.
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4.11.13 Solid waste storage facilities (including adequate space for both recycling and
general waste bins) shall be provided on-site, included on the site plan drafted
by the Saskatchewan Land Surveyor, and appropriately located and screened or
landscaped to avoid any adverse visual impact from the road and within the
development.
4.12 STORAGE
4.12.1 In Residential Districts:
a) Outdoor storage of one (1) or more partially dismantled, or
inoperative motor vehicles is prohibited.
b) No septic haul trucks, or hazardous material transport trucks, highway
or semi-truck traffic shall be parked or stored on site, or in the
driveway.
c) A maximum of one (1) RV may be stored on a site in the driveway with
an existing, permanent dwelling. The RV may be occupied subject to:
1.
It being for the exclusive use of non-paying guests of the
occupant of the principal dwelling located on the same site.
2.
It only being occupied when the principal dwelling is occupied.
3.
If the RV has a sink, shower, or water closet, it must have a self-
contained septic holding tank or be connected to the septic
system on the residential site.
d) The storage of non-residential materials may be permitted at the
discretion of Council, and approval conditions may be required to
ensure adequate screening and buffering from surrounding residential
development.
4.12.2 In Commercial Districts:
a) Storage shall not be allowed in the yards of any commercial or
industrial site unless it is screened in a way that it is not visible from
any of the following:
1.
Any adjacent residential lot.
2.
Any park or area frequented by children where, in Council's
opinion, the items being stored could pose a potential threat to
children either directly or indirectly.
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b) Outside storage may be limited as outlined in these districts for a
specific use, or it may be regulated if Council believes it will have a
negative effect on the aesthetics of the Resort Village.
c) A maximum of one (1) commercial vehicle, excluding septic haul
trucks, and hazardous material transport trucks not exceeding 20
tonne gross vehicle weight.
4.13 MIXED USE DEVELOPMENT
4.13.1 All mixed-use development shall ensure the front, at grade, development
remains a commercial use.
4.13.2 Dwelling units attached to the principal commercial unit shall have a separate
entrance from that of the commercial operation.
4.13.3 Dwelling unit emergency and building code regulations shall be adhered to.
4.13.4 One (1) on-site parking stall must be located for each dwelling unit.
4.13.5 The floor area for each dwelling unit shall be a minimum of 40 sq. metres
(430.6 sq. feet)."
5 ZONING DISTRICTS
5.1
CLASSIFICATION OF ZONING DISTRICTS
5.1.1
In order to carry out the purpose and provisions of this Bylaw, the municipality
is divided into the following Zoning Districts and the boundaries of which are
shown on the "Zoning District Map". Such districts may be referred to by the
appropriate symbols as hereinafter defined.
R - Residential
C - Commercial
UR - Urban Reserve
5.2
ZONING DISTRICT MAP
5.2.1
The map bearing the statement "Zoning District Map" adopted by the Resort
Village of Kivimaa-Moonlight Bay and signed by the Mayor and the
Administrator under the seal of the municipality, shall be known as the "Zoning
District Map" and such map forms part of this Bylaw.
Rezoning from UH - URBAN HOLDINGS DISTRICT TO R1- RESIDENTIAL 1 DISTRICT the
lands proposed Lots 8 to 13, Block 15, and Lots 22 to 39, Block 9 which are lying within
the Resort Village of Kivimaa-Moonlight Bay boundaries
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a) are shown within the bold lines in the attached reference map below labelled
as Schedule A.
5.3
BOUNDARIES OF ZONING DISTRICTS
5.3.1
The boundaries of such districts referred to, together with the explanatory
notation and reference are shown on the "Zoning District Map". Unless
otherwise shown, the boundaries of such districts are the lot lines, centre lines
of streets, lanes, road allowances, and the boundaries of the municipality. In
unsubdivided land, the boundaries of the districts shall be determined by the
use of the scale shown on the map.
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6 DISTRICT SCHEDULES
6.1
R - RESIDENTIAL DISTRICT
The purpose of the residential district is to accommodate the development of
land for residential use.
6.1.1
Permitted Uses - the following are permitted uses in the R - Residential
District:
a) Single-detached dwellings
b) Accessory buildings
c) Municipal offices and facilities
d) Public parks, playgrounds and sports fields
e) Public works, shops, warehouses and storage yards
f) Signs and fences
6.1.2
Discretionary Uses - the following are discretionary uses in the R- Residential
District:
a) Home occupations
b) Mobile homes
c) Travel Trailers
d) Accessory buildings built prior to principle building.
e) Duplex
6.1.2.1 Discretionary Use Evaluation Criteria:
a) The size, shape and arrangement of buildings, trailers, and the
placement and arrangement of lighting and signs will be compatible,
as Council deems appropriate, with the height, scale, setbacks and
design of buildings and trailers in the surrounding area, and with land
uses in the district.
b) Road standards shall be appropriate for increased frequency and
weights associated with the development, and the developer may be
required to enter into a servicing agreement to upgrade the road
and/or enter into a heavy haul agreement.
1.
Adequate access from major streets and transportation routes,
and impact of increased vehicular frequency shall be evaluated
at the discretion of Council.
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c) Shall be required to prove, in a manner acceptable to council, that they
will not unreasonably negatively affect the surrounding residential
properties in the area.
d) Appropriate site locations (i.e., corner lots) shall be determined by
Council.
e) Site design should, in Council's opinion, mitigate adverse effects (i.e.,
noise).
f) The proposal shall provide what, in the opinion of Council, is sufficient
evidence that the operation will not cause noise, dust, air or other
pollution for surrounding developments. Council may attach approval
conditions to mitigate potential concerns.
g) Applications shall be required to demonstrate that the proposed use
shall not cause adverse effects in regards to:
1.
Safety;
2.
Surrounding existing development;
3.
Noise;
6.1.3
Accessory Uses - uses and forms of development are permitted (excluding
commercial and industrial use) on the same lot as a permitted or a
discretionary use where secondary, subordinate and accessory to that
permitted or discretionary use;
6.1.4
REGULATIONS
6.1.4.1 Site and yard requirements: Table 1 shall apply.
6.1.4.2 Accessory Buildings:
a) The maximum total main floor area of all accessory buildings shall not
exceed the main floor area of the principal building.
b) Maximum one (1) portable garage or shelter permitted per lot or
parcel, of an area no greater than 30 m2 and shall not exceed a
maximum height of 3.0 metres.
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6.1.4.3 Fences:
a) Lakeshore sites:
1. Walls or fences shall be a maximum height of 1.0 metres (3.28
feet) above grade in any required rear yard, and 2.0 metres (6.6
feet) above grade in any other yard.
b) Non-lakeshore sites:
1.
The maximum height along any lot line, except a lot line in a
required front yard, shall be no greater than 2.0 metres (6.6
feet).
2.
Walls or fences shall be a maximum height of 1.0 metres (3.28
feet) above grade in any required front yard.
c) Barbed wire fences are prohibited.
6.1.4.4 Parking:
a) A minimum of one (1) parking space for each dwelling shall be
provided and maintained on each lot.
b) Each parking space shall be a minimum of 2.5 metres by 6.0 metres
with unobstructed access to the adjacent municipal road allowance.
c) Parking spaces may be enclosed and may be oriented side-by-side, or
front to back.
6.1.4.5 Basements:
a) Notwithstanding anything contained herein, the Development Officer
shall require a detailed Engineering Study of the soil and water
conditions prepared to professional standards, by a registered
Professional Engineer prior to the issuance of a Development Permit
or the construction of any basements within the Resort Village. The
detailed Engineering Study shall include:
1.
Certification that the foundation proposed for the basement is
designed with full knowledge of the soil and water conditions
and the proposed sitting of the basement on the site.
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2.
Basement drainage has been considered in the design of the
building.
3.
Site drainage for water, and impacts to adjacent and
neighbouring properties.
b) Upon completion all basements development must provide an
engineering report and a landscape plan, by a registered Professional
Engineer or Architect, ensuring adequate water-proofing measures
are constructed. Adequate water proofing measures shall include:
1.
All basements are designed to prevent structural damage by
water.
2.
The first floor of all buildings is constructed above the Safe
Building Elevation as identified within the Official Community
Plan.
3.
Basement drainage design.
4.
Landscape drainage design that does not adversely affect
neighbouring sites.
6.1.4.6 SPECIFIC DEVELOPMENT STANDARDS FOR DISCRETIONARY USES:
6.1.4.6.1
Home Occupations:
a) Subject to Subsection 4.9 - Home Occupation.
b) Maximum one (1) exterior business sign or notice is permitted.
c) Applications shall include concept image of business sign.
d) Site plan shall demonstrate intended location of exterior sign.
6.1.4.6.2
Mobile Homes:
a) Subject to Section 4.10 - Modular and Mobile Homes.
b) Development permit applications shall include current photographs of
all four (4) sides of the structure as is at the time of application.
c) Only one (1) mobile home will be permitted on any single lot or parcel
at any time.
d) Site plans may be required to demonstrate the placement of the
mobile home aligns with the existing streetscape of existing houses.
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6.1.4.6.4
Travel Trailers:
a) Shall not be considered a principal use dwelling on site.
b) A travel trailer under 30 sq. metres may be used from time to time, for
a period not exceeding 30 consecutive days within a calendar year, for
sleeping accommodation of family or guests of the occupants of a
single detached dwelling, where:
1.
the travel trailer is not kept for rent or hire;
2. the facilities and amenities of the single detached dwelling are
available for the use of the occupants of the travel trailer at all
times; and,
3.
the travel trailer is not a mobile home or park model.
c) Where a Development Permit has been issued for a principal building
the placement of a travel trailer may be allowed on the same lot as a
temporary use for additional accommodations for the duration of the
construction period included on the development permit application.
1.
The applicant shall sign a memorandum of understanding to
acknowledge that the use of the travel trailer shall be
considered temporary for the duration of the construction
period of the principal building.
2.
Temporary use shall only be permitted within the duration of
the validity of the development permit application, as outlined
in subsection 3.2.6.
3.
Permit renewals or extensions may be denied should the
Development Officer, or Council, feel as though minor
construction has occurred within the permit validity period.
Should the permit not be renewed or extended, the applicant
shall be required to remove the travel trailer within seven (7)
days of written notification of the municipality.
6.1.4.6.5
Accessory buildings built prior to principle building:
a) Accessory and ancillary buildings shall not be constructed or placed on
any site prior of the construction of the principal building except as
follows:
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1.
Where a Development Permit has been issued for a principal
building, Council may, at its discretion, allow prior development
of an accessory or ancillary building where such building is
required for the storage of construction material or equipment.
If the principal building is not completed in the time period
required, the accessory or ancillary building is to be removed.
6.1.4.6.5
Duplex:
a) The services available to the sites and adjacent areas will have
sufficient capacity to handle the higher density residential
development.
b) Where compliant with site standards, a duplex site may be subdivided
along the party walls to create a separate site for each dwelling,
subject to compliance with building bylaw requirements.
c) The minimum floor area listed in Table 1 shall be applicable to each
individual dwelling unit included within the duplex.
d) Where the lot is subdivided under the party walls of the unit no side
yard setback shall be required, but for end units the side yard setback
shall apply.
e) Each dwelling unit shall have a minimum of one (1) on-site parking spot
fully contained within the property boundaries.
f) The granting of a development permit to accommodate a duplex shall
not be construed, in any way, as consent or approval for future
subdivisions.
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6.2
C-COMMERCIAL DISTRICT
The purpose of the commercial district is to provide for commercial
development, appropriate to serve the residential and recreational needs of
the community.
6.2.1
Permitted Uses - The following are permitted uses in the C- Commercial
District.
a) Cafes and restaurants
b) Commercial recreation establishments
c) Hotels and motels
d) Personal service shops
e) Retail stores
f) Service stations and gas bars
g) Golf courses
h) Parks, playgrounds , sports fields, and tennis courts
i)
Municipal offices and facilities
j)
Public works
k) Signs, fences
l)
Accessory Buildings
6.2.2
Discretionary Uses - the following are discretionary uses in the C -
Commercial District:
a) Construction trades
b) Seasonal campgrounds
c) Mixed Use Development
6.2.2.1 Discretionary Use Evaluation Criteria:
a) The size, shape and arrangement of buildings, and the placement and
arrangement of lighting and signs will be compatible, as Council deems
appropriate, with the height, scale, setbacks and design of buildings
and trailers in the surrounding area, and with land uses in the district.
b) Road standards shall be appropriate for increased frequency and
weights associated with the development, and the developer may be
required to enter into a servicing agreement to upgrade the road
and/or enter into a heavy haul agreement.
1.
Adequate access from major streets and transportation routes,
and impact of increased vehicular frequency shall be evaluated
at the discretion of Council.
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c) Shall be required to prove, in a manner acceptable to Council, that
they will not unreasonably negatively affect the surrounding
residential properties in the area.
d) Appropriate site locations (i.e., corner lots) shall be determined by
Council.
e) Site design should, in Council's opinion, mitigate adverse effects (i.e.,
noise).
f) The proposal shall provide what, in the opinion of Council, is sufficient
evidence that the operation will not cause noise, dust, air or other
pollution for surrounding developments. Council may attach approval
conditions to mitigate potential concerns.
g) Seasonal Campgrounds:
1.
Proposals shall be evaluated based on:
i)
Site location proximity to Turtle Lake;
ii)
Includes a private beach within the site plan;
iii)
Includes a boat launch within the site plan for
campground guests and adequate on-site parking;
h) Mixed Use Development:
1.
In Council's opinion, applications shall have appropriate access
from major streets to the development, and shall not cause
adverse effects to local traffic.
2.
The development shall be of a size and operation intended to
service the neighbourhood, and not cause adverse effects to
existing developments.
3.
Residential development may be attached to confectionaries,
drug stores, and personal service shops, as long as the
commercial development will not, in the opinion of Council,
negatively affect the residential development.
6.2.3
REGULATIONS
6.2.3.1 Site and yard requirements: Table 1 shall apply.
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6.2.3.2 Accessory Buildings:
a) Portable garages are prohibited.
6.2.3.3 Fences:
a) Shall be required when the area abuts any Residential District without
an intervening street or land and the screening shall be a solid fence
or hedge at least a minimum of 1.8 metres (6.0 feet) in height.
6.2.3.4 Parking:
a) A minimum of one (1) parking space shall be provided and maintained
on-site for each 30 sq. metre of building floor area used for a
commercial purpose, and one (1) parking space for each employee on
site.
b) Commercial district parking stalls shall be a minimum of 3.0 metre
width and 6.0 metre depth.
c) All commercial district parking spaces shall have direct and
unobstructed access to a street.
d) Council, through resolution, may require additional parking spaces for
uses permitted in the Commercial District depending on the following
criteria:
1.
Nature, type and location of the proposed use;
2.
Adjacent roadways and accessibility;
3.
Mitigate adverse effects of unloading within high-traffic
transportation routes.
6.2.3.5 Outdoor Storage:
a) No outdoor storage shall be permitted in the front yard except for the
display of items for sale, which shall be neatly arranged.
b) If an outside storage area is located in the side or rear yard, that yard
shall be fenced or suitably screened to the satisfaction of Council.
6.2.3.6 Service Stations and Gas Bars:
a) Fuel pump and associated parking for fueling shall be located a
minimum of 6.0 metres (19.7 feet) from any street or property line.
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b) Access and egress approaches shall not be located so as to create
congestion on the adjacent streets.
6.2.4
SPECIFIC DEVELOPMENT STANDARDS FOR DISCRETIONARY USES:
6.2.4.1 Construction Trades:
a) Construction trade operations shall be conducted entirely within an
enclosed building located on site.
b) All materials used in conjunction with the approved construction trade
shall be stored entirely within an enclosed building located on site.
6.2.4.2 Seasonal Campgrounds:
a) Subject to Section 4.11 - Seasonal Campgrounds.
b) The campground operator shall at all times maintain a register of all
persons occupying a site with their permanent address and length of
stay, which shall be open to inspection by the Development Officer
upon request.
6.2.4.3 Mixed Use Development:
a) Subject to Section 4.14 - Mixed Use Development.
b) Additional fencing or screening may be required as a condition of
approval to mitigate adverse effects from adjacent developments.
c) Applications shall include mitigation specifications for odor, noise,
vibrations, and adverse effects of heavy traffic from the primary
commercial operation onto the attached residential dwelling unit.
d) Council may attach approval conditions for additional mitigation
measures regarding odor, noise, vibrations and other similar effects.
e) Dwelling units shall not exceed 100 sq. metres (1,076.4 sq. feet).
f) One (1) dwelling unit shall be permitted per site."
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6.3
UR- URBAN RESERVE DISTRICT
The purpose of the Urban Reserve district is to manage the current
development of land in a fashion that preserves options for future urban
growth.
6.3.1
Permitted Uses - the following are permitted uses in the UR - Urban Reserve
District:
a) Recreational green space
b) Parks, playgrounds , sports fields, and tennis courts
c) Public works
7 COMING INTO FORCE
7.1
This Bylaw shall come into force and take effect on the date of approval by the
Minister of Municipal Affairs.
_______________________________________
Mayor - Steve Nasby
_________________________________________
Administrator - Jackie Helgeton
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8 DISTRICT REGULATIONS
TABLE 1: LOT REGULATIONS
No building or
structure in any
zoning district shall
exceed a height of 10
m from ground level
Max No.
of
Accessory
Buildings
Min
Lot
Area
(m2)
Min Lot
Line
Front
(m)
Min Yard
front
(m)
Min
Yard
side
(m)
Min
Yard
rear
(m)
Max Lot
Coverage
(See
note 1)
Floor Area
(m2)
(on the
main floor)
PRINCIPAL BUILDINGS
Residential and
Commercial Districts
-
560
18
1.5
1.5
1.5
50%
Minimum
40 m2
ACCESSORY BUILDINGS - Residential and Commercial Districts
On sites under 2500 m2
3
-
-
1.5
1.5
1.5
50%
See Note 2
On sites with minimum
area of 2500 m2
4
-
-
1.5
1.5
1.5
50%
See Note 2
PRINCIPAL AND
ACCESSORY BUILDINGS
Urban Reserve District
4
1 ha
18
1.5
1.5
1.5
50%
See Note 2
Note 1 - Lot Coverage-the percentage of the area of a lot that is covered by all principle
and accessory use buildings or structures.
Note 2: The combined main floor area of all accessory buildings and structures shall
not exceed the main floor area of the principal building on site, except where
applications pertaining to section 4.3.3 have been received.
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