Zoning Bylaw No. 2-2024

Lipton, Saskatchewan

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Village of Lipton Zoning Bylaw 2024 1 Zoning Bylaw Bylaw No. 2-2024 Village of Lipton, Saskatchewan Source: Olivia Tomcala (2022) Prepared By: + Village of Lipton Zoning Bylaw 2024 2 BYLAW NO. 02-2024 A Bylaw of the Village of Lipton to adopt a Zoning Bylaw. The Council of the Village of Lipton, in the Province of Saskatchewan, in an open meeting assembled enacts as follows: (1) Pursuant to Section 46(1) of The Planning and Development Act, 2007 the Council of the Village of Lipton hereby adopts the Village of Lipton Zoning Bylaw, identified as Schedule "A" to this Bylaw. (2) The Mayor and Administrator of the Village of Lipton are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw. (3) That Bylaw No. 2-1994 known as the "Zoning Bylaw", and all amendments hereto, are hereby repealed.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 the day of , Adoption of Bylaw this day of , Village Administrator Certified a True Copy of the Bylaw adopted by Resolution of Council On the_________day of ___________________, of the year ________. Village Mayor Village of Lipton Zoning Bylaw 2024 3 ACKNOWLEDGEMENTS The Village of Lipton is very appreciative for all the Village residents, businesses, agencies and organizations for their insight and contributions which formed the basis of the Zoning Bylaw. The information gathered throughout the public engagement strategy has provided very valuable information which has inspired and influenced the regulations and development standards outlined in the Zoning Bylaw. The Village of Lipton would like to acknowledge it is situated on Treaty 4 lands and the traditional territory of the Cree and Saulteaux, Assiniboine and Métis. Prepared By: _____________________________ Wanda McLeod Administrator, Village of Lipton _____________________________ Scott Assié, RPP, MCIP Manager of Land Use Planning, GeoVerra _____________________________ Evan Wight Planner, GeoVerra Village of Lipton Zoning Bylaw 2024 4 Organization of the Village of Lipton's Zoning Bylaw The following is intended for information only and does not form part of the Village of Lipton Zoning Bylaw. The Zoning Bylaw establishes regulations for the use of land and buildings in the Village of Lipton. It regulates the type, location, and intensity of land use and buildings, and outlines the process for rezoning land and applying for permits to develop property. The Zoning Bylaw reflects only municipal regulation and policy, including the Village's Official Community Plan (OCP). Other bylaws, regulations, and Acts of the Village, Province of Saskatchewan, and Canada must also be observed. This Bylaw is organized into nine (9) sections which group related information. Section 1.0 contains basic information on the legal framework of the Bylaw and this guide on how to use the Bylaw. Section 2.0 contains administrative information regarding the enforcement of the Bylaw, amendment procedures, and permitting procedures. Section 3.0 contains general regulations for all uses and development types. These regulations supplement those found in the specific Zoning Districts. Section 4.0 contains specific land use requirements, development standards and conditions of approval for permitted and discretionary uses in all Zoning Districts. Section 5.0 establishes the zones that apply to the lands covered in this bylaw. This section also describes how to distinguish the Zoning District boundaries. Sections 6.0 - 9.0 contains a list of permitted and discretionary land uses and specific development standards for each Zoning District. This includes standards such as minimum lot size, minimum frontage, maximum building height, minimum setbacks distances, etc. Appendix A is a glossary of definitions providing clarification on important terms found within the Bylaw. Village of Lipton Zoning Bylaw 2024 5 How to Determine Zoning and Regulations for a Specific Site The following steps will help users understand how to identify the proper zoning district for a specific piece of land, what land uses are permitted on that site, and the regulations to guide development within the site. 1. To determine the Zoning District of a specific site, the user must first find that site on the attached Zoning Map. It will be helpful to know the legal land description when reviewing the Zoning Map. All land within the Village will fall within a colour coded Zoning District, and potentially overlay districts. A legend within the Zoning Map will associate each colour with the appropriate Zoning District. 2. Each Zoning District will have its own Section in the Zoning Bylaw. Look up the corresponding Zoning District. The district will identify in a list, permitted land uses, as well as uses permitted at the discretion of council and subject to the Discretionary Use application procedures identified in Section 2.0. 3. Each Zoning District will also have a table identifying the development standards (minimum site areas, building setbacks, etc.) for each permitted and discretionary land use. These standards will help guide development within the lot or parcel. 4. The land use may have specific requirements contained in the Section 3.0 - General Regulations and Section 4.0 - Distinct Land Use Requirements and Development Standards. 5. Finally, all proposed development and zoning questions should be discussed with staff from the Village. If you require assistance with the regulations or processes contained within the Zoning Bylaw, please call or visit the Village office. The up-to-date version of the Zoning Bylaw and amendments is located in the Village's office. Village of Lipton Zoning Bylaw 2024 6 1. Introduction ........................................................................................................ 10 1.1. Authority ......................................................................................................... 10 1.2. Title ................................................................................................................. 10 1.3. Purpose ........................................................................................................... 10 1.4. Scope ............................................................................................................... 10 1.5. Severability ...................................................................................................... 10 1.6. Interpretation .................................................................................................. 10 1.7. Zoning Bylaw Compliance ................................................................................. 11 2. Administration .................................................................................................... 12 2.1. Development Officer ........................................................................................ 12 2.2. Council ............................................................................................................. 12 2.3. Application for Development Permit including Discretionary Uses ..................... 13 2.4. Development Not Requiring a Development Permit .......................................... 13 2.5. Development Permit Procedures ...................................................................... 14 2.6. Discretionary Use Procedures ........................................................................... 15 2.7. Refusal of a Development Permit ..................................................................... 16 2.8. Revocation of a Decision .................................................................................. 17 2.9. Concurrent Processing of Development Permits and Building Permits ............... 17 2.10. Cancellation of a Development Permit .............................................................. 17 2.11. Development Appeals Board ............................................................................ 17 2.12. Schedule of Fees .............................................................................................. 18 2.13. Enforcement, Offences and Penalties ................................................................ 20 2.14. Minor Variance to the Zoning Bylaw ................................................................. 21 2.15. Zoning Bylaw Amendments .............................................................................. 23 2.16. Zoning Bylaw Amendment Procedures .............................................................. 23 2.17. Supplementary Information ............................................................................. 24 2.18. Concept Plan .................................................................................................... 25 2.19. Servicing Agreement ........................................................................................ 26 2.20. Development Levy Agreement .......................................................................... 28 2.21. Interest Registration ......................................................................................... 29 3. General Regulations ............................................................................................ 30 3.1. Compliance Requirements ................................................................................ 30 3.2. Existing buildings.............................................................................................. 30 Village of Lipton Zoning Bylaw 2024 7 3.3. Front Yard Reduction........................................................................................ 30 3.4. Projections In Yards .......................................................................................... 30 3.5. Number of Principal Buildings ........................................................................... 31 3.6. Non-conforming Uses, Buildings and Sites ......................................................... 31 3.7. Building to be Moved ....................................................................................... 32 3.8. Demolition of Buildings .................................................................................... 32 3.9. Replacement of Dwellings ................................................................................ 32 3.10. Restoration of Site ........................................................................................... 33 3.11. Grading and Levelling of a Site .......................................................................... 33 3.12 Height of Buildings ........................................................................................... 34 3.13 Signage ............................................................................................................ 34 3.14 Accessory Uses, Buildings and Structure ............................................................ 37 3.15 Shipping Containers as an Accessory Building .................................................... 38 3.16 Fences and Landscaping Features ..................................................................... 38 3.17 Trees and Vegetation ....................................................................................... 39 3.18 Outdoor Storage .............................................................................................. 39 3.19 Public Utilities and Municipal Services .............................................................. 39 3.20 Street or Road Closure ...................................................................................... 40 3.21 Land Uses Permitted in All Zoning Districts ....................................................... 40 3.22 Prohibited Land Uses and Noxious Development .............................................. 40 3.23 Disposal of Waste ............................................................................................. 41 3.24 Frontage and Access ......................................................................................... 41 3.25 Irregular Lot Frontage ....................................................................................... 42 3.26 Approach/Driveway Requirements ................................................................... 42 3.27 Sight Triangle ................................................................................................... 43 3.28 Lighting ............................................................................................................ 44 3.29 Side Yard Exception .......................................................................................... 45 3.30 Parking Space Standards ................................................................................... 45 3.31 Off-Street Parking ............................................................................................ 45 3.32 Seasonal Recreational Vehicle Parking .............................................................. 46 3.33 Loading and Unloading Spaces .......................................................................... 47 3.34 Groundwater ................................................................................................... 47 Village of Lipton Zoning Bylaw 2024 8 3.35 Historic and Heritage Resources ....................................................................... 48 3.36 Environmentally Sensitive Areas ....................................................................... 49 3.37 Buffer Strips ..................................................................................................... 49 3.38 Supplementary Information Requirements ....................................................... 49 3.39 Landscaping Plan .............................................................................................. 49 3.40 Heritage Resource Impact Assessment (HIRA) ................................................... 50 3.41 Public Engagement Report ................................................................................ 50 3.42 Traffic Impact Assessment ................................................................................ 51 3.43 Vibration Impact Study ..................................................................................... 51 3.44 Noise Impact Study .......................................................................................... 51 3.45 Aquifer Protection Plan .................................................................................... 52 3.46 Landscaping Requirements ............................................................................... 52 3.47 Development Adjacent to Provincial Highways: ................................................ 53 3.48 Development Adjacent to Pipelines/Gas Transmission Lines .............................. 53 3.49 Development Adjacent to Potentially Hazardous Lands ..................................... 55 4 Specific Land Use Regulations .............................................................................. 56 4.1 Bed and Breakfast ................................................................................................ 56 4.2 Home Based Business .......................................................................................... 56 4.3 Service Stations and Gas Bars ............................................................................... 57 4.4 Residential Care Home ......................................................................................... 57 4.5 Personal Care Home ............................................................................................. 58 4.6 Garage/Garden Suite ........................................................................................... 58 4.7 Secondary Suite ................................................................................................... 59 4.8 Accessory Dwelling in a Non-Residential Use ........................................................ 60 4.9 Condominium Development................................................................................. 61 4.10 Storage of Hazardous Substances ..................................................................... 61 4.11 Commercial Telecommunication Towers and Facilities ...................................... 62 4.12 Campgrounds ................................................................................................... 63 5 Zoning Districts and Zoning Map ......................................................................... 64 5.1 Classification of Zoning Districts ........................................................................... 64 5.2 The Zoning District Map ....................................................................................... 64 6 R1 - Residential Zoning District ........................................................................... 65 6.1 Purpose ............................................................................................................... 65 Village of Lipton Zoning Bylaw 2024 9 6.2 Permitted Uses .................................................................................................... 65 6.3 Discretionary Uses ............................................................................................... 65 6.4 Site Regulations and Development Standards ....................................................... 66 7 C1 - Commercial Zoning District ........................................................................... 67 7.1 Purpose ............................................................................................................... 67 7.2 Permitted Uses .................................................................................................... 67 7.3 Discretionary Uses ............................................................................................... 68 7.4 Site Regulations and Development Standards ....................................................... 69 8 M1 - Industrial Zoning District ............................................................................. 70 8.1 Purpose ............................................................................................................... 70 8.2 Permitted Uses .................................................................................................... 70 8.3 Discretionary Uses ............................................................................................... 71 8.4 Site Regulations and Development Standards ....................................................... 71 9 CS - Community Service Zoning District................................................................ 72 9.1 Purpose ............................................................................................................... 72 9.2 Permitted Uses .................................................................................................... 72 9.3 Discretionary Uses ............................................................................................... 73 9.4 Site Regulations and Development Standards ....................................................... 73 10 UR - Urban Reserve District ................................................................................. 74 10.1 Purpose ........................................................................................................... 74 10.2 Permitted Uses................................................................................................. 74 10.3 Discretionary Uses............................................................................................ 74 10.4 Site Regulations and Development Standards ................................................... 75 10.5 Rezoning of Land .............................................................................................. 75 Appendix A - Definitions ................................................................................................. 76 Village of Lipton Zoning Bylaw 2024 10 1. Introduction 1.1. Authority 1.1.1. Under the authority granted by The Planning and Development Act, 2007 (PDA), and in compliance with The Statements of Provincial Interest Regulations (SPI), The Subdivision Regulations, 2014, and the Official Community Plan (OCP), the Mayor and Council of the Village of Lipton (Village) in the Province of Saskatchewan, in open meeting, herby enact as follows: 1.2. Title 1.2.1. This Bylaw shall be known and may be cited as the "Zoning Bylaw" (ZB) of the Village of Lipton. 1.3. Purpose 1.3.1. The purpose of this ZB is to regulate development and to control the use of land in the Village in accordance with the policies in the Village's OCP No. 01-2024. 1.3.2. The intent of the ZB is to provide specific regulations pertaining to the use of land in the municipality. It is the primary tool to be used by the Village to achieve the objectives and implement the policies of the OCP. The ZB provides the municipality with actual control over development. It prescribes the uses of land, buildings or other improvements that will be allowed in different areas of the Village and defines the conditions and standards that guide growth and development for all allowable land uses, building types and other types of improvements. 1.4. Scope 1.4.1. This Bylaw applies to all land included with the boundaries of the Village. All development within the limits of the Village shall hereafter conform to the provisions of this bylaw. 1.5. Severability 1.5.1. Any decision granted by the Development Appeals Board (DAB), Saskatchewan Municipal Board (SMB) or the Provincial/Federal Courts, that proves one or more section, clause, or provision of this Zoning Bylaw, including anything shown on the Zoning Map are deemed to be invalid in whole or in part, does not impact the validity, effectiveness, or enforceability of the other provisions of this Zoning Bylaw. 1.6. Interpretation 1.6.1. For the purpose of this Bylaw, the words shall, must or will identify a mandatory action or decision. The words should or may identify a voluntary action or decision. Whether actions or decisions are mandatory or voluntary, the Council may include prerequisites or conditions which must be fulfilled before that action or decision may be taken. Village of Lipton Zoning Bylaw 2024 11 1.6.2. Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. 1.6.3. All Bylaw requirements shall be based on the stated metric units. 1.6.4. No existing development or site shall be deemed non-conforming due to non- compliance with the metric units used in this Bylaw. 1.6.5. Where the requirements of this Zoning Bylaw conflict with any other Federal, Provincial or Municipal requirements, the firmer and more stringent regulations shall prevail. 1.7. Zoning Bylaw Compliance 1.7.1. Errors and/or omissions by any person administering or required to comply with the provisions of this Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw. Village of Lipton Zoning Bylaw 2024 12 2. Administration 2.1. Development Officer 2.1.1. The administrator of the Village of Lipton shall be the Development Officer responsible for the administration of this Bylaw. In addition, Council may appoint other Village of Lipton employees to be a Development Officer, by motion of Council. 2.1.2. The Development Officer shall: i. Receive, record, and review Development Permit applications and issue decisions in consultation with Council; ii. Establish and apply applicable development standards and other conditions or requirements, in consultation with Council when necessary, for a subject application. iii. Maintain a copy of this Bylaw, zoning maps and amendments for public inspection during office hours, and ensure that copies are available to the public at a reasonable cost; iv. Keep a record of all approved development permits, minor variances, subdivision applications, and all executed development and servicing agreements; v. Collect application and development fees; and vi. Perform other duties as determined by Council. 2.1.3 The Development Officer shall be authorized to make a decision, in consultation with Council, regarding a Development Permit application for a "Permitted Use." 2.1.4 The Development Officer shall receive, record, review and forward to Council: i. Discretionary Uses applications; ii. Zoning Bylaw and Official Community Plan amendments including amendments to text and/or map(s); iii. Subdivision applications; iv. Development and servicing agreements; and v. Applications for minor variances. 2.2. Council 2.2.1 Council shall make all decisions regarding Discretionary Uses, development and servicing agreements, and OCP and Zoning Bylaw amendments in accordance with this Bylaw and the policies and objectives set forth in the OCP. 2.2.2 Council shall make a recommendation regarding all subdivision applications circulated to it by Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister. Village of Lipton Zoning Bylaw 2024 13 2.2.3 Council shall act on Discretionary Use, Rezoning, and Subdivision applications in accordance with the procedures established by The Planning and Development Act, 2007 and in accordance with the goals, objectives and policies as stated in the Official Community Plan. 2.2.4 Council, as applicable and at their sole discretion, may waive part of the application requirements stated in this Bylaw and Official Community Plan, when doing so will not jeopardize compliance with the Official Community Plan goals, objectives, policies or Zoning Bylaw requirements. 2.3. Application for Development Permit including Discretionary Uses 2.3.1. Every person shall apply for a Development Permit before commencing any development within the Village, except as listed in Section 2.4 of this Bylaw. 2.3.2. All Development Permits will be issued in compliance with this Bylaw. 2.3.3. Application for a Development Permit must include the following: i. Completed Development Permit Application Form; ii. Site Plan showing setbacks to all lot lines from any existing and proposed building(s)/structure(s); iii. Any other Plans and additional information as required by the Development Officer; and iv. Submission of the Development Permit Fee. 2.3.4. Where the Development Permit application is for a Discretionary Use the applicant shall provide the following, in addition to the requirements in Section 2.3.3: i. A written description of the proposed development describing: 1) Intended use and operations; 2) All existing proposed building(s)/structures(s) to be located on the lot; 3) Required municipal services; and, 4) Any other information Council determines is necessary to fully review the proposed development. 2.3.5. Where the Development Permit application is for a Temporary or Seasonal Use the applicant shall provide the following, in addition to the requirements in Section 2.3.3: i. Written confirmation of the start date and end date for the use on the site. 2.3.6. The Development Officer and/or Council may require supplementary information or plans to be submitted by the applicant prior to a decision being issued. 2.4. Development Not Requiring a Development Permit 2.4.1. Development Permits are not required for the following developments, but all developments shall conform to all other Bylaw requirements (e.g., building permits, setbacks, environmental and development standards): Village of Lipton Zoning Bylaw 2024 14 i. Public utilities: any operation for the purposes of inspecting, repairing, installing or renewing sewage systems, water mains, cables, towers, pipes, wires, tracks, or similar public works as required by a public utility and the installation of service connections to property in the Municipality. ii. Maintenance and repairs that do not include structural alterations. iii. The installation of fences with a maximum height of 1.83m (6 ft). iv. Accessory building(s)/structure(s) which have a maximum floor area of 10m2 (107.6ft2) and maximum height of 2.44m (8 ft). v. Municipal Facilities including all uses and building(s)/structure(s) operated and owned by the Village of Lipton. vi. Election Related Temporary Uses including the use of all or part of a building as a temporary polling station, returning officer's headquarters, candidate's campaign office and any other official temporary use in connection with any federal, provincial or municipal election, referendum and census. 2.5. Development Permit Procedures 2.5.1. The following procedures shall apply when reviewing a Development Permit Application: i. The applicant must submit the completed Development Permit Application with all required accompanying documentation to the Development Officer. ii. The Development Officer shall examine the application for conformance with the Official Community Plan, this Bylaw, and any other applicable policies and regulations. iii. The Development Officer may refer the Development Permit application to any government agencies, neighbouring municipalities, interested groups, engineering, legal, or other professionals for consideration and comment with the cost of this review to be the responsibility of the applicant. iv. The Development Officer may issue a Development Permit for the use on the specific location and in conjunction with any development standards and conditions placed onto the Development Permit. The development standards and conditions shall be based on the provisions of the General Development Standards and other requirements of this Bylaw and the Village of Lipton's OCP. v. Where a development permit application includes a building plan or lot diagram and the Council or the Development Officer issues a permit in conformity with this Bylaw, a copy of that plan or diagram shall be attached to and form part of the permit. Village of Lipton Zoning Bylaw 2024 15 vi. The applicant will be notified in writing of the decision of the Development Permit application and will be provided information regarding their right to appeal the development standards and conditions placed onto the issued Development Permit to the Development Appeals Board. vii. If the use or form of development associated with a Development Permit has not commenced within twelve (12) months from the date of issue of the Development Permit, it will no longer be valid unless otherwise stipulated on the Permit. An extension up to twelve (12) months may be requested in writing from the Development Officer. In order to be considered, the written request must be received prior to the expiration date. 2.6. Discretionary Use Procedures 2.6.1. The following procedures shall apply when reviewing a Discretionary Use Application: i. The applicant must submit the completed Development Permit application with all required accompanying documentation to the Development Officer. ii. The Development Officer shall examine the application for conformance with the Official Community Plan, this Bylaw, and any other applicable policies and regulations. iii. The Development Officer may refer the application to any government agencies, neighbouring municipalities, interested groups, engineering, legal, or other professionals for consideration and comment with the cost of this review to be the responsibility of the applicant. iv. The Development Officer shall give notice of the received Development Permit application for a Discretionary use including details of the application and the date, time and place of the scheduled public hearing by: 1) Letters to be mailed to the property owners within a 75 metre radius of the land subject of the application at least seven days before the application will be considered by council; and, 2) Provide advertisement for one (1) week in a newspaper published and/or circulated in the Village of Lipton, social media, and on the Village's website, with an additional one (1) week free and clear before the scheduled public hearing date. v. The applicant is responsible for all costs associated with the public notice including the newspaper advertisement and letters to property owners. vi. After the public hearing, all written and verbal submissions in relation to the application will be taken into consideration along with all information and documents provided to Council by the Development officer. vii. The applicant will be notified of Council's decision in writing in which Council may issue one of the following decisions: Village of Lipton Zoning Bylaw 2024 16 1) Approval of the application: Council may approve the application without conditions. 2) Approval of the application with conditions: Council may approve the application with specific development standards and conditions with respect to the use or form of development. 3) Refusal of the application: Council may refuse an application with or without conditions. viii. Council may approve the discretionary use under a limited time period where it is important to monitor and re-evaluate the proposal and its conformance with the specific permit conditions and under this Bylaw and Village's OCP. ix. The applicant will be notified in writing to their right to appeal to the Development Appeals Board where only the development standards and conditions placed onto the issued Development Permit can be appealed. x. If the use or form of development associated with a Development Permit has not commenced within twelve (12) months from the date of issue of the Development Permit, it will no longer be valid unless otherwise stipulated on the Permit. An extension up to twelve (12) months may be requested in writing from the Development Officer. In order to be considered, the written request must be received prior to the expiration date. 2.7. Refusal of a Development Permit 2.7.1. A Development Permit shall be refused if it does not comply with this Bylaw and the Village's OCP. 2.7.2. A reason for the refusal shall be indicated on the refused Development Permit form. 2.7.3. The Development Officer shall not accept the submission of a Development Permit on the same parcel of land for the same use and/or form of development within a six (6) month period from the date of the first Development Permit refusal by the Development Officer, Council, Development Appeals Board or the Saskatchewan Appeals Board. 2.7.4. If a Development Permit application on the same parcel of land for the same use and/or form of development is submitted within the six (6) month time period, Council may accept the Development Permit application by resolution of Council. 2.7.5. The applicant will be notified in writing of the decision and will be provided information regarding their right to appeal to the Development Appeals Board. Village of Lipton Zoning Bylaw 2024 17 2.8. Revocation of a Decision 2.8.1. Where an approved development is not being developed in accordance with the provisions of this Bylaw, or with the standards and conditions specified in the Development Permit, Council or the Development Officer may revoke or suspend the development permit. The development permit shall not be reissued or reinstated until all deficiencies have been corrected and documentation supporting the correction of the deficiencies have been submitted to the Development Officer. 2.9. Concurrent Processing of Development Permits and Building Permits 2.9.1. A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or is issued concurrently. 2.10. Cancellation of a Development Permit 2.10.1. Council or the Development Officer may cancel a Development Permit, and when cancelled development shall cease: i. Where the Development Officer or Council is satisfied that a Development Permit was issued based on false or mistaken information; ii. Where new information is identified pertaining to environmental protection, flood potential, or slope instability; and/or, iii. When a developer or applicant requests a Development Permit modification. 2.11. Development Appeals Board 2.11.1. A Development Appeals Board of the Village of Lipton is appointed by Council resolution in accordance with The Planning and Development Act, 2007. Detailed guidelines may be found in the Development Appeals Board Guide, issued by the Government of Saskatchewan. 2.11.2. In addition to any other right to appeal, mentioned above, an applicant has the right to appeal this Bylaw where a Development Officer: i. Is alleged to have misapplied the Zoning Bylaw in issuing the Development Permit; ii. Refuses to issue a Development Permit because it would contravene the Zoning Bylaw; or iii. Issues an order based on an inspection, to the owner, operator or occupant of lands, building or premises considered contravening the Zoning Bylaw. 2.11.3. Applicants will also be notified of the right to appeal the development standards and conditions prescribed by the Development Officer and/or Council with respect to a discretionary use application, where in their opinion the development standards and conditions exceed those necessary to secure the objectives of this Bylaw and the Village's OCP. This specific right of appeal extends thirty (30) days after the issuance or refusal of a Development Permit. Village of Lipton Zoning Bylaw 2024 18 2.11.4. If an application for a Minor Variance is refused or approved with development standards and conditions, the applicant may appeal to the Development Appeals Board within thirty (30) days after the date of that decision. 2.11.5. When determining and hearing the appeal, the members of the Development Appeals Board hearing the appeal: i. Are bound by the Village's Official Community Plan; ii. Must ensure that its decisions conform to the uses of land, intensity of use and density of development in the Zoning Bylaw; iii. Must ensure that its decisions are consistent with any provincial land use policies and statements of provincial interest; and, iv. May, subject to clauses (i) to (iii), confirm, revoke, or vary the approval, decision, any development standard or conditions, or order imposed by the approving authority, the Council, or the Development Officer, as the case may be, or make or substitute any approval, decision or condition that it considers advisable if, in its opinion, the action would not: 1) Grant to the applicant a special privilege inconsistent with the restrictions on the neighbouring properties in the same zoning district; 2) Amount to a relaxation so as to defeat the intent of the Zoning Bylaw; or, 3) Injuriously affect the neighouring properties. 2.11.6. Public notices, considerations of additional materials, procedures, and timelines for the decision of the Development Appeals Board will be initiated and followed according to Sections 222 to 225 of the PDA upon receiving a Development Appeal application by the applicant. 2.11.7. Within thirty (30) days or receipt of a copy of the decision of the Development Appeals Board, the Council, appellant, or any other person may, file with the Saskatchewan Municipal Board (SMB) a notice of appeal, in the form and manner established by the SMB. 2.11.8. In determining an appeal, the SMB may: i. Dismiss the appeal; or, ii. Make any decision with respect to the appeal that the Development Appeals Board could have made. 2.11.9. The right of appeal does not exist in the following situations: i. Council refusing to rezone the applicant's land; ii. The proposed use is prohibited; or, iii. Rejecting an application for approval of a discretionary use. 2.12. Schedule of Fees 2.12.1 Development Permit application fees; Village of Lipton Zoning Bylaw 2024 19 i. Permitted Use $50.00 ii. Discretionary Use $100.00 iii. Minor Variances to the Zoning Bylaw $50.00 iv. Application fees for amending the Zoning Bylaw: 1) Zoning Bylaw Text Amendment $100.00 2) Zoning Bylaw Map and Text Amendment (1-2 parcels) $200.00 3) Zoning Bylaw Map and Text Amendment (3+ parcels) $500.00 v. Application fees for amending the Official Community Plan: $500.00 2.12.1. All application fees are non-refundable, unless otherwise stated in the application. 2.12.2. In addition to the above noted fees, the applicant(s) shall be solely responsible for all other costs associated with: i. Satisfying the public notification requirements, including the cost of notifying stakeholders and advertising for the following applications (Note: all public notification costs are required to be paid up front. Applicant is responsible for all advertising costs, regardless of approval or refusal): 1) Zoning Bylaw adoptions and amendments; 2) Permitted Use development proposals; 3) Discretionary Use development proposals; 4) Minor Variance proposals; 5) Special Meetings; 6) Public Meetings; and, 7) Official Community Plan amendments. ii. Any costs related to the registration of an interest on title of the property proposed for development, amendment, or subdivision as prescribed and charged by the Information Services Corporation (Land Titles Registry) unless otherwise stated in the subject agreement (Note: all ISC interest registration fees are required to be paid up front). 2.12.3. Development Appeals Board Fees $200.00 2.12.4. If, in the opinion of the applicant(s), an application has not started yet and would like to request a refund, the applicant(s) shall request in writing and forward it to the Village office for decision of Council's discretion if such costs have not yet been incurred by the Town. 2.12.5. All fees include taxes (if applicable). Village of Lipton Zoning Bylaw 2024 20 2.12.6. All fees shall be paid with submission of the application(s) mentioned above to the Village office. 2.12.7. Where a development or subdivision proposal involves a detailed municipal review, plan or Zoning Bylaw amendment, development agreement, servicing agreement, detailed development conditions, liability insurance, performance bonds, caveats, interest registrations, or legal, engineering or planning advice, Council may require the applicant to pay the full cost of all or part of the additional application review and administration costs, as Council may determine by resolution, or by agreement with the applicant(s) where such costs may be addressed and outlined in certain agreements that are to be signed by all involved parties. 2.13. Enforcement, Offences and Penalties 2.13.1. In accordance with The Planning and Development Act, 2007 the Development Officer may, at a reasonable time, and with the consent of the owner, operator, or occupant enter any land, building, or premises for the purposes of inspection where the Development Officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of the Zoning Bylaw. Any steps to enforce the provisions of the zoning bylaw shall be followed as set out in The Planning and Development Act, 2007. 2.13.2. If, after inspection, the Development Officer determines that the development or form of development contravenes any provision of this Bylaw, the OCP, a development or servicing agreement, a Development Permit or condition, or a caveat under this Bylaw, the Development Officer may issue a written order to the owner, operator or occupant of the land, building or premises on or in which the development or form of development is located. 2.13.3. In a written order, the Development Officer: i. Shall specify the contravention; ii. May direct the person to whom the order is issued to do all or any of the following: 1) Discontinue the development or form of development; 2) Alter the development or form of development to remove the contravention; 3) Restore the land, building or premises to its condition immediately before the undertaking of the development or form of development; or, 4) Complete all work necessary to comply with the Bylaw. iii. Shall set a time in which a direction is to be complied with; and, iv. Shall advise of the right to appeal the order to the Development Appeals Board. 2.13.4. Any order made may be delivered by registered mail or personal service. Village of Lipton Zoning Bylaw 2024 21 2.13.5. The Development Officer may register an interest based on an order in the land registry against the affected title. If an interest has been registered against a title the order runs with the land and is binding on the registered owner and on any subsequent registered owner of that land. If an interest has been registered against title and the order has been complied with, the Development Officer shall discharge the interest. 2.13.6. Any person who violates this bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Planning and Development Act, 2007. 2.14. Minor Variance to the Zoning Bylaw 2.14.1. An application may be made to the Development Officer for a minor variance to the Zoning Bylaw by the completion and submission of a Development Permit and associated fee. 2.14.2. The Development Officer shall maintain a register of all minor variances applications. 2.14.3. The Development Officer may vary the requirements of the zoning bylaw subject to the following conditions: i. A minor variance may be granted for variation only of: 1) The minimum required distance of a building from the lot line; and, 2) The minimum required distance of a building to any other building on the same lot; ii. The maximum amount of minor variance shall not exceed a 10% variation from the requirements of this Bylaw; iii. The development shall conform to the Zoning Bylaw with respect to the use of the land; and, iv. The relaxation of the Zoning Bylaw shall not adversely affect neighbouring properties. 2.14.4. No minor variance shall be granted if: i. It is a discretionary use form or type of development; ii. It is in connection with a Contract Zoning Agreement pursuant to Section 69 of the PDA, respecting the rezoning of land; or, iii. It would be inconsistent with any provincial land use policies or Statements of Provincial Interest Regulations. 2.14.5. On receipt of an application for a minor variance, the Development Officer may: i. Approve the minor variance; ii. Approve the minor variance and impose terms and conditions on the approval; or, iii. Refuse the minor variance. 2.14.6. Where the Development Officer imposes terms and conditions on the approval the terms and conditions shall be consistent with: i. Minimize adverse impacts on neighbouring properties; Village of Lipton Zoning Bylaw 2024 22 ii. Providing adequate separation between buildings for safety reasons; and, iii. Avoiding encroachment into adjoining property. 2.14.7. Where an application for a minor variance is refused, the Development Officer shall notify the applicant in writing and provide reasons for the refusal. 2.14.8. 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 applicant's land that is the subject of the application. The written notice required shall: i. Contain a summary of the application for minor variance; ii. Provide a reason for and an effective date of the decision; iii. Indicate that an adjoining assessed owner may within twenty (20) days, lodge a written objection with the Development Officer, which will result in the approval of the minor variance being revoked; and, iv. If there is an objection, advise that the applicant will be notified of the right to appeal to the Development Appeals Board. 2.14.9. The written notice required shall be delivered: i. By registered mail; or, ii. By personal service. 2.14.10.A decision that approves a minor variance, with or without terms and conditions, does not take effect: i. In the case of a notice sent by registered mail, until twenty-three (23) days from the date the notice was mailed; or, ii. In the case of a notice that is delivered by personal service, until twenty (20) days from the date the notice was served. 2.14.11.If an assessed owner of property having a common boundary with the applicant's land, submits a written objection to the municipality respecting the approval of the minor variance within the prescribed time period the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: i. Of the revocation of the approval; and ii. Of the applicant's Right to Appeal the revocation to the Development Appeals Board within thirty (30) days of receiving the notice. 2.14.12.If an applicant for a minor variance is refused or approved with terms and conditions, the applicant may appeal to the Development Appeals Board within thirty (30) days of the date of that decision. Village of Lipton Zoning Bylaw 2024 23 2.15. Zoning Bylaw Amendments 2.15.1. All requests made to the Village for a Zoning Bylaw Amendment must include the following: i. A completed Zoning Bylaw Amendment Application form; ii. A copy of the Plan of Proposed Subdivision, if the amendment includes a subdivision; iii. A copy of the title(s) and parcel picture(s) for the lands involved, including any registered interests and/or easements which would be of importance in the review process; iv. A written statement for the reasoning for the amendment; and, v. Zoning Amendment Application fees. 2.15.2. Council may amend this Bylaw, either by its own initiative or a by a request from the public, in order to achieve compliance with the Village's OCP or to alter any zoning regulations or districts. 2.15.3. When an application is submitted to the Village to amend the Zoning Bylaw, the applicant is responsible for the cost of all advertising methods; newspaper advertisement and letter mailed out to adjacent property owners. Council also may require the applicant to pay all costs incurred in the professional review of the application and in carrying out a public hearing. 2.15.4. The Development officer may request supplementary information be submitted as part of the application to amend the Zoning Bylaw, in order to evaluate and make a recommendation regarding the application. 2.16. Zoning Bylaw Amendment Procedures 2.16.1. The following procedures shall apply for Zoning Bylaw Amendments: i. The applicant must submit the completed Zoning Bylaw Amendment application with all required accompanying documentation and fees to the Development Officer. ii. The Development Officer will review the submitted information and documentation for compliance with this Bylaw and the Village's OCP. iii. The Development Officer may refer the Zoning Bylaw Amendment application to government agencies, surrounding municipalities, legal, engineering or other professionals for consideration and comments. The cost of the referral will be the responsibility of the applicant. iv. For rezoning applications, the Development Officer shall give notice by regular mail that the application has been filed and include details of the application and the date, time and place of the scheduled public hearing to the assessed owner of each abutting property and/or each assessed owner of property within: 1) Single Lot/Parcel: within a 75 metre (246 foot) radius from the subject land of the proposed form or type of development. Village of Lipton Zoning Bylaw 2024 24 2) Multi-Lot/Parcels: within a 300 metre (984 foot) radius from the subject land of the proposed form or type of development. v. The Development Officer shall give notice of a Zoning Bylaw Amendment application by advertisement inserted in a newspaper circulating in the municipality for at least two weeks, social media, and on the Village's website. The advertisement must appear in the newspaper at least one clear week before the public hearing is held. vi. The applicant is responsible for all costs associated with the public notice including the newspaper advertisement and letters to property owners. vii. After the public hearing, all written and verbal submissions in relation to the application will be taken into consideration along with all information and documents provided to Council by the Development officer. viii. The applicant will be notified of Council's decision by regular mail. 2.17. Supplementary Information 2.17.1. Applicants may be required to prepare and provide supplementary information as part of any application to the Village relating to all Development Permit applications, Discretionary Use applications, Proposed Subdivisions, Rezoning, and all other applications for development and re-development of a site, as requested by the Development Officer or Council, as applicable, including: i. Concept Plan; ii. Geotechnical Report; iii. Engineered Water and Sewer Plans; iv. Storm-water Management Plan; v. Fire and Protective Service Capacity Report; vi. Site Grading and Elevation Plan; vii. Hydrogeological Impact Assessment and Flood Risk Study; viii. Traffic Impact Assessment; ix. Sensitive Environmental Area Analysis; x. Landscaping Plan; xi. Compaction Test; xii. Water Testing; xiii. Noise and Vibration Impact Study; xiv. Heritage Resource Impact Assessment; xv. Pedestrian Access Plan; xvi. Public Engagement Plan; Village of Lipton Zoning Bylaw 2024 25 xvii. Comments from other Government agencies and municipalities; and, xviii. Any other professional study, report, assessment and analysis which would provide additional information. 2.18. Concept Plan 2.18.1. A concept plan may be required for subdivisions and developments that include numerous lots or land uses. A concept plan is expected to be a preliminary document, establishing the general site information and plans. When there is no subdivision proposed, the concept plan is expected to be a detailed site specific comprehensive plan and analysis. The scope and required detail of the concept plan will be based on the scale and location of the proposed development. 2.18.2. A concept plan may be prepared by either Council in response to a need for more detailed planning for a specific area of the Village and/or is required by Council to be undertaken by a developer when it is deemed necessary and desirable to describe land use, density, servicing requirements or phasing of the development. 2.18.3. All concept plans must be prepared by a certificated professional or a combination of professionals in the relevant fields. 2.18.4. All concept plans must be prepared in compliance with this Bylaw and the Village's OCP. 2.18.5. All concept plans must include a site plan demonstrating the following: i. Overall layout of the site; ii. Proposed and existing land uses; iii. Proposed phasing of the development; iv. Density of the development/site; v. All servicing and utilities requirements (water, sewer, power, gas, etc); vi. All existing environmentally sensitive areas; vii. All existing cultural and/or archaeological areas; viii. All hazardous lands; ix. Surrounding and proposed transportation systems; x. Plans for open space, pathways, buffer areas; and xi. Any other information required at the discretion of Council or the Development Officer. 2.18.6. A written report must also be included to provide the required information for the Village to properly evaluate a proposed development. In consultation with the Village, and depending on the scale of development, the written report may include the following: i. Description of the proposed development; Village of Lipton Zoning Bylaw 2024 26 ii. Identification of the characteristics of the proposed development including: 1) Physical site characteristics; 2) Potentially hazardous lands with the site area; 3) Environmentally sensitive lands within the site area; 4) Natural, cultural and heritage sensitive areas within the site area; 5) Existing land uses on adjacent sites and within the site area. iii. Complete description of the development using explanations and illustration to identify the following: 1) Proposed land uses; 2) Development design including the phasing of the development; 3) Dedication lands including Municipal Reserve, Environmental Reserve, Municipal buffers, etc.; 4) How the development complies with the objectives, and policies of the OCP and ZB; 5) Required utilities such as power, gas etc.; 6) Details regarding water supply and sewage disposal systems, including any expansions or new construction to the existing infrastructure. Engineered drawings must accompany all new and expansion of services; 7) Engineered Drainage plan for the site; 8) A landscaping Plan for the site; 9) A Transportation Plan for the site showing the connection to surrounding existing transportation systems; 10) Pedestrian Access Plan; 11) Public Engagement Plan; 12) Confirmation of the local capacity for fire and protect services, schools and other supportive community and recreational facilities; and, 13) An engineered Geo-Technical Report may be required to be submitted. 2.18.7. A Public Engagement Plan must be submitted to the Village for approval prior to any commencement of any public engagement activities. 2.19. Servicing Agreement 2.19.1. Council may require a developer/applicant to enter into a service agreement with the Village when a development proposal involves a subdivision to ensure appropriate servicing. 2.19.2. In accordance with the PDA, the servicing agreement may provide for: Village of Lipton Zoning Bylaw 2024 27 i. The undertaking by the applicant to install or construct within the proposed subdivision, and in accordance with the specifications stated in the agreement, any storm sewers, sanitary sewers, drains, watermains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or paved street and lanes, connections to existing services, area grading and levelling or land, street name plates, connecting and boundary streets, landscaping of parks and boulevards, pubic recreation facilitates or other works that the council may require; ii. The payment by the applicant of fees that the Council may establish as payment in whole or in part for the capital cost of providing, altering, expanding or upgrading sewage, water, drainage and other utility services, public highway facilitates, or park and recreation space facilities, located within or outside the proposed subdivision and that directly or indirectly serves the proposed subdivision; iii. Time limits for the completion of any work or the payment of any fees specified in the agreement, which may be extended by agreement of the applicant and the Village; iv. Provisions for the applicant and the Village to share the cost of any work specified in the agreement; v. Any assurance as to performance that the council may consider necessary. This may include a performance bond, property escrow or irrevocable standing letter of credit that the municipality may use to complete construction if the developer defaults; vi. The amount and location for a municipal utility that the Village may require for the location of a public work or public utility; vii. Required concept or site plans, maps, development or design standards, proposed infrastructure plans, estimated cost of subdivision services, etc. which may all be attached as appendices to the agreement; viii. If the provision of service requires capital costs to connect the development to a provincial highway: a) The applicant is to enter into a transportation partnership agreement with the Ministry of Highways; or, b) The payment of fees based on a transportation partnership agreement between the Village and the Ministry of Highways. 2.19.3. Servicing Agreements shall not provide for the completion of any work by the applicant or the payment of fees by the applicant that were previously addressed by the payment of development levies or in a development levy agreement, unless the Village will incur additional capital costs as a result of the subdivision. 2.19.4. If the Village and the developer, applicant and/or property owner are unable to enter into the agreement within 90 days after the date of the application for the development permit or proposed subdivision of land, the developer, applicant and/or property owner may apply to the Saskatchewan Municipal Board for a decision respecting all or any of the following: i. Whether or not a service agreement is necessary; Village of Lipton Zoning Bylaw 2024 28 ii. The proposed terms and conditions of the service agreement; or, iii. Whether or not the application for the development permit or proposed subdivision of land is incomplete. 2.20. Development Levy Agreement 2.20.1. Where development requiring a permit is proposed in the absence of subdivision that results in additional capital costs incurred by the Village, the developer shall be required to enter into a Development Levy Agreement to address the specifications or the development and provisions for payment of any levies deemed necessary by Council pursuant to the PDA. 2.20.2. If the subdivision of land is involved, development levies must not be used as a substitute for servicing agreement fees. 2.20.3. In accordance with the PDA, the primary purpose of development levies is for recovering all or part of the Village's capital costs of providing, altering, expanding or upgrading the following services and facilities associated, directly or indirectly, with a proposed development: sewage, water, or drainage works; roadways and related infrastructure; parks; and, recreational facilities. 2.20.4. Subject to Section 171 of the PDA, a Council may assess only one development levy on one development. 2.20.5. The Development Levy Bylaw shall prescribe the terms and conditions when entering into a Development Levy Agreement. 2.20.6. Until such time there is a Development Levy Bylaw in place, the Village shall not execute any Development Levy Agreements with the applicant or owner(s) of the proposed development. 2.20.7. Unless a request for payment is made, an applicant, within 30 days after receiving a request, may appeal the request to the Saskatchewan Municipal Board on any of the following grounds: i. That the capital work or project for which the development levy or fee is to be collected does not directly or indirectly serve the proposed development; ii. That the development levy is not for capital costs; iii. That the calculation of the development levy is incorrect; or, iv. That the levy or equivalent money has already been paid with respect to the development. 2.20.8. If the Village and the developer, applicant and/or property owner are unable to enter into the agreement within 90 days after the date of the application for the proposed development, the developer, applicant and/or property owner may apply to the Saskatchewan Municipal Board for a decision respecting all or any of the following: i. Whether or not a Development Levy Agreement is necessary; ii. The proposed terms and conditions of the Development Levy Agreement; or, Village of Lipton Zoning Bylaw 2024 29 iii. Whether or not the application for the proposed development permit is incomplete. 2.21. Interest Registration 2.21.1. Council may require a developer, applicants and/or property owners to register an interest such as, but not limited to development levy agreements, servicing agreements, geotechnical reports, easements, etc. and other documents against affected lands, to protect the municipal and public interests. 2.21.2. The cost to register the interest on the affected lands will be the sole responsibility of the developer or applicant. Village of Lipton Zoning Bylaw 2024 30 3. General Regulations The following regulations shall apply to all zoning districts in this bylaw. 3.1. Compliance Requirements 3.1.1. All development and subdivision proposal shall meet the requirements of The Planning and Development Act, 2007, The Statements of Provincial Interests Regulations, The Subdivision Regulations, 2014, the OCP and this Zoning Bylaw. 3.1.2. Compliance with the requirements of this Bylaw shall not exempt any persons from the requirements of any federal, provincial or municipal legislation. A copy of any license, Permit or approval granted by any federal, provincial or municipal governing body is required to be submitted to the Village. 3.1.3. Where the requirements of this Bylaw conflict with any other federal, provincial or municipal requirements, the firmer and more stringent regulations shall prevail. 3.2. Existing buildings 3.2.1. Where a Principal or Accessory Building has been erected on or before the effective date of this Bylaw, on a lot which does not meet the minimum requirements for frontage, site area or front, side or rear setbacks, the building may be enlarged, reconstructed, repaired or renovated provided that: i. The enlargement, reconstruction, repair or renovation does not further reduce the front, side or rear yard that does not conform to this bylaw; ii. All other applicable provisions of this bylaw are complied with; and, iii. A Development Permit and Building Permit must be submitted to the Village for approval by the Development Officer and Building Official respectively, prior to any alterations occurring. 3.3. Front Yard Reduction 3.3.1. Notwithstanding the minimum depth of front yard required by this Bylaw, where a lot is situated between two lots each of which contains a principal building which projects beyond the standard requirement for front yard depth, the front yard required on the said lot may be reduced to an average of the two residential front yards on the adjacent lots. 3.4. Projections In Yards 3.4.1. The following projections in yards may be permitted subject to the setback requirements of the National Building Code (NBC): 3.4.2. The following features may project into a required front, rear, and side yard: i. Cantilevered construction of fire escapes, bay windows, box windows, chimney chase, bookcases, built in cabinets, balconies, gutters, window sills, canopies, eaves to a maximum projection of 0.61 metres (2 feet); Village of Lipton Zoning Bylaw 2024 31 ii. Unenclosed decks no higher than 0.61 metres (2 feet) above the finished grade, cantilevered balconies, porches and steps to a maximum projection of 1.83 metres (6 feet); and, iii. A wheelchair ramp may encroach into any front and/or rear yard. 3.4.3. No projections shall be permitted within a side yard required for vehicular access or parking where any portion of the said projection would be at an elevation lower than 2.44 metres (8 feet) above the finished grade elevation measured at the corresponding side wall of the building. 3.5. Number of Principal Buildings 3.5.1. Only one principal building shall be permitted on any one lot, except for the following uses, in which may have more than one principal building on any one lot: i. Schools or Educational Institutions; ii. Hospitals; iii. Curling and Skating Rinks; iv. Recreational Uses; v. Nursing Homes and Senior Citizen Homes; vi. Multi-Unit Residential use, in the form of an apartment; vii. Public utilities; viii. Municipal buildings, facilities and structures; and, ix. Commercial buildings or uses. 3.5.2. In the case of semi-detached dwellings and townhouses, where a common wall separates two adjacent dwelling units, each dwelling unit is considered to be a principal building. 3.6. Non-conforming Uses, Buildings and Sites 3.6.1. Any use of land, any building or structure, or any site lawfully existing at the time of passing this Zoning Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with provisions of Section 88 to 93 inclusive, of the PDA. 3.6.2. Any existing non-conforming use may be continued if the use conformed to the Bylaw that was in effect at the time of the development and the use has not been discontinued for twelve (12) consecutive months. 3.6.3. Non-conforming buildings or sites may continue to be used, maintained and repaired in their present form. 3.6.4. No enlargement, additions, or reconstructions of a non-conforming use, building or structure shall be undertaken, except in conformance with these provisions. Village of Lipton Zoning Bylaw 2024 32 3.6.5. No existing use, building or structure shall be deemed to be non-conforming by reason only of the conversion of this Bylaw from the imperial system of measurement to the metric system or measurement. 3.6.6. No existing non-conforming site shall be deemed to be non-conforming by reason only of its dimensions or area failing to at least equal the standards prescribed for proposed sites in the zoning district in which the site is located. 3.7. Building to be Moved 3.7.1. No building or portion of a building shall be moved within, into or out of the area covered by this Bylaw without first obtaining an approved Moving Permit from the Building Official. 3.7.2. Accessory building(s)/structure(s) which have a maximum floor area of 10m² (107.6 ft2) and maximum height of 2.44 m (8 ft) are exempt from this requirement. 3.8. Demolition of Buildings 3.8.1. No building or portion of a building, excluding accessory buildings, shall be demolished within the Village's boundaries without obtaining a demolition permit from the Building Official. 3.8.2. A separate Development Permit and/or Building Permit may be required for any further re-development of the site. 3.8.3. A compaction test of the site may be required prior to any re-development of the site. 3.8.4. All materials, which were the result of the demolition must be safely removed to an off-site waste disposal site within six (6) months from the date of the approved Demolition Permit. 3.8.5. A performance deposit may be required to be submitted by the property owner to the Village to ensure for the proper removal of all demolition materials. 3.9. Replacement of Dwellings 3.9.1. When an applicant has submitted a building and development permit for new construction, the purpose of which is to replace the existing building, the Development Officer may issue a conditional development permit for the new building subject the following conditions: i. The existing building must be removed or demolished, the site shall be leveled and properly graded and compacted, the site is to be clean within six (6) months of the date of the issuance of the conditional development permit; ii. Deposit as an irrevocable performance security (cash, cheque, etc.) is required in the amount of $5,000 and shall not be returned until all requirements have been met. The bond can be redeemed for any costs associated with removal of buildings or structures or legal costs if the applicant has failed to remove or demolish the building within the prescribed time period. The balance of the deposit, if any, shall be refunded to the applicant Village of Lipton Zoning Bylaw 2024 33 3.10. Restoration of Site 3.10.1. The Development Officer may require the following for the structural improvement, or restoration of any building, structure or site to a safe standard: i. A Development Permit; ii. An inspection from a certified Building Inspector; and/or, iii. Installation of a fence surrounding the building, structure or site. 3.10.2. All costs associated with the required restoration to a safe condition of a site will be the responsibility of the developer and/or property owner. 3.11. Grading and Levelling of a Site 3.11.1. A Building Permit is required for any excavations, grading, leveling and filling of a site. If the site is situated in or near a potentially flood prone area, the Building Permit may be referred to Water Security Agency (WSA) for comments. 3.11.2. All underground and above ground utilities lines must be located and flagged prior to all excavations, filling and grading/levelling of a site. 3.11.3. All sites must be re-vegetated immediately following all excavations or fillings to prevent erosion 3.11.4. Any site proposed for a development shall be graded and levelled at the owners' expense to provide for adequate surface drainage, which does not adversely affect adjacent property, in accordance with the requirements of the Village and/or the approved grading plan. 3.11.5. The Developer shall submit to the Village an overall grading plan for the Subdivision Area. The information shall include: i. Street centerline and ditch elevations; ii. The finished landscaped elevation at the building setback; iii. The finished landscaped elevation at the property line for each lot; iv. Invert of sewer connection at the front property line for each lot; v. Elevations for special drainage features; and, vi. Drainage direction arrows. 3.11.6. Individual property owners are responsible to ensure compliance with the elevations shown on the approved overall grading plan of all grading and/or landscaping on the site. 3.11.7. Lot gradients shall follow the standards mentioned below, unless otherwise approved by an engineer and the Village as part of an approved drainage plan. 3.11.8. In general, the lot gradients shall be such that the minimum slope in the front yard from the dwelling unit to the shoulder of the finished street shall not be less than two percent (2%), preferably at five percent (5%). Village of Lipton Zoning Bylaw 2024 34 3.11.9. The minimum slope from the dwelling to the rear property line shall be one percent (1%) to the lower corner of the lot. 3.11.10 In cases where the back yard slope is towards the house, the minimum slope shall be two percent (2%) with provisions to keep run-off at least 1.22 metres (4 feet) away from the house. Rear to front drainage shall be conducted along both sides of the house to the front street. 3.11.11 In general, the surface gradient away from a dwelling unit, on all sides, shall be two percent (2%) to a distance of at least 1.22 metres (4 feet). On at least one side of the dwelling the surface gradient, from the 1.22 metre (4 foot) distance, shall be at least one percent (1%) and shall continue to the edge of the lot. 3.11.12 Roof drainage shall be directed via downspouts away from the house towards the street or rear of the lot. 3.12 Height of Buildings 3.12.1 The maximum height shall be the vertical distance measured from the grade level to the highest point of the roof surface, if the roof is flat; the deck line of a mansard roof; and, to the mean height level between eaves and ridge for a gable, hip or gamble roof. 3.12.2 The height of any building or structure located within any of the Zoning Districts in the Village must not exceed four (4) storeys in height. 3.12.3 The maximum height per story height is 6.1 metres (20 feet). 3.12.4 The maximum building height shall not apply to the following: i. Chimneys; ii. Church spires, belfries and cupolas; iii. Monuments; and, iv. Mechanical penthouses and necessary mechanical appurtenances, provided they are erected only to such heights as is necessary, and provided they do not cover more than 10% of the gross roof area upon which they are located. 3.13 Signage 3.13.1 A Development Permit is required before the installation, erection, display, alteration, relocation or replacement of any permanent or temporary sign, except as follows: i. Official signs erected by a public agency for a public purpose; ii. Real estate signs advertising the sale, lease, or rental of the property on which it is located; iii. Temporary signs of less than 1 m² (10.76 ft²) in surface area; iv. Directional or safety signs bearing no advertising information; v. Address signs, name of building signs, and name of residential occupant signs all containing no advertising information; Village of Lipton Zoning Bylaw 2024 35 vi. Election signs during the period of an election campaign; vii. Temporary signs located inside a building window, exclusive of any electrified sign greater than 0.5 m² (5.38 ft²) in surface area; viii. Signs visible only from the interior of the building; ix. Garage sale signs; and, x. Constructions signs, located on the site of the construction to which they refer. 3.13.2 All signs, whether requiring a permit or not are subject to the sign regulations and size limits of the district in which they are located. 3.13.3 No permanent or temporary signage shall be placed on or over public property unless approved by the Development Officer. 3.13.4 For the purposes of this Bylaw, a sign shall be considered permanent if it is to be displayed indefinitely. 3.13.5 Temporary sign permits shall be valid for a maximum of 2 months from the permit's approval date or of the temporary event to which it refers, whichever comes first. The sign shall be removed once the permit expires, unless a new permit is obtained. 3.13.6 Temporary signs shall not exceed 1.5 square metres (16.15 sq. ft.) in surface area. 3.13.7 Temporary signage for private sale and special events may be displayed beginning seven (7) days prior to the start and must be removed 12 hours after its conclusion. 3.13.8 Temporary signage for all short-term construction projects may be displayed for a maximum of twenty-one (21) days. 3.13.9 Temporary signage for any election, referendum or plebiscite is permitted thirty (30) days prior to the date of the election, referendum or plebiscite and must be removed twenty- four (24) hours after the closing of voting stations. 3.13.10 All signs must be maintained and mounted in a condition that is safe, neat, clean and not unsightly or dangerous. 3.13.11 Statements, words or pictures considered offensive and that do not conform to the amenities of the neighbourhood shall be prohibited. 3.13.12 Signs must be located within the limits of the parcel on which they are located, shall not project over property lines, and must be placed so that they do not obstruct required sight lines or interfere with, distract from, obstruct the view of or to be confused with any authorized traffic sign, signal or device. 3.13.13 A sign located in a sight triangle shall be less than 0.75 m (2.5 ft) above grade at its top, or shall be at least 2.44 m (8 ft) above grade at its lower edge, so as to not obstruct its view from and of a vehicle. 3.13.14 All signs must comply with the following requirements when located in the Commercial or Industrial Zoning District: i. A maximum of two (2) permanent signs are permitted for principal use on the premises; ii. A maximum of two (2) temporary signs are permitted on a site at any given time; Village of Lipton Zoning Bylaw 2024 36 iii. A sign, which may be double faced, shall not exceed 3.5 square meters (38 ft.2) ; iv. The maximum height of any sign shall be 6.1 meters (20 ft.) above the finished grade; v. Illuminated signs shall have an internal light source or an external light source shielded so that the light is directed at the face of the sign; vi. One sign per property may project over the abutting sidewalk no more than 0.3 metres (1 ft.) to the edge of the curb and shall have a clearance of not less than 2.44 metres (8 ft.) above the sidewalk; vii. No commercial or industrial signs shall exceed the roof top of the adjacent buildings if the property is adjacent to a residential zoning district; and, viii. Digital signs are to be at Council's discretion. 3.13.15 All signs must comply with the following requirements when located in the Residential and Community Service Zoning Districts: i. A maximum of one (1) permanent sign for a home-based business is permitted on the premises; ii. A maximum of one (1) wall sign for residential buildings and community service buildings; iii. The facial area of a sign shall not exceed 1.0 square meters (10.8 ft.2) for residences and home-based businesses or 2.0 square metres (21.5 ft.2) for community service buildings; iv. One (1) additional free-standing sign with a maximum surface area of 2.5 square metres (26.9 ft.2) is permitted. v. Digital signs are to be at Council's discretion. 3.13.16 All digital signs are subject to the following requirements: i. The gross surface area must not exceed 7.5 square metres (80.7 ft.2); ii. The height of any digital sign must not exceed 7.92 metres (26 feet); iii. The foundation for all free-standing signs exceeding 6.1 metres (10 feet) in height above the finished grade shall be structurally designed by a Registered Architect or Professional Engineer of the Province of Saskatchewan; iv. The location of the digital sign must be approved by the Development Officer; v. Flashing images, live video streams, sound and flashing lights are not permitted; vi. All digital signs must be equipped with a dimmer switch; vii. Digital signs must be setback a minimum of 30 metres (98 feet) from any residential dwelling; and, viii. All digital signs adjacent to any residential Zoning Districts must be dimmed between the hours of 10:00pm and 7:00am. Village of Lipton Zoning Bylaw 2024 37 3.13.17 All billboard signs are subject to the following requirements: i. Billboards and signs advertising goods or services not related to the site parcel on which the sign is located are prohibited; ii. For the purposes of this Bylaw an unlicensed vehicle or trailer unit which in the opinion of Council is acting as a sign shall be considered a billboard; iii. The maximum single sign face shall be 20 square metres (215.3 ft.2) in surface area; iv. The maximum total sign face shall be 40 square metres (430.6 ft.2) in surface area; v. The Billboard shall have a maximum of two (2) sign faces; vi. Double faced signs shall be constructed so one face is completely behind and parallel to the other face and facing the opposite direction; vii. The maximum height above grade shall be 6.1 metres (10 feet); viii. No billboard shall have flashing or intermittent light, and all lighting shall be shielded from direct view from any roadway or site boundary; ix. Council may place special conditions on the location of the billboard on a site to protect the clear view of an intersection or a highway approach, or other directional and informational signs; x. The billboard shall not obscure local business signs; xi. The billboard will have sufficient separation to residential uses or at least 200 metres (656 feet); xii. The billboard will be separated at least 100 metres (328 feet) from other billboards; and, xiii. The billboard will not seriously detract from the appearance of an entry to Lipton. 3.14 Accessory Uses, Buildings and Structure 3.14.1 An accessory building, use or structure is allowed in any Zoning District, when a principal use, building or structure has been established and permitted. 3.14.2 A Development Permit must be submitted to the Village and approved by the Development Officer prior to any commencement or construction of the accessory building, use, or structure that exceeds 10m2 (107.6 ft2). 3.14.3 An accessory building or structure to be structurally detached from the principal building and/or any other accessory building shall have a minimum of 1 metre separation from wall to wall. 3.14.4 Private garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building. Village of Lipton Zoning Bylaw 2024 38 3.15 Shipping Containers as an Accessory Building 3.15.1 Shipping containers may only be placed temporarily on a site in all residential Zoning Districts. 3.15.2 Shipping containers may be placed permanently on a site in all commercial and industrial Zoning Districts. 3.15.3 Shipping containers are to be removed from the residential site when construction is complete or after a maximum of six (6) months, whichever comes first. If an extension is required, a written request must be made to the Development Officer. 3.15.4 All shipping containers must be located within the side yard and/or rear yard only. 3.15.5 All shipping containers must comply with the setbacks set forth within the specific Zoning District. 3.15.6 Shipping containers shall not be stacked atop one another. 3.15.7 Shipping containers shall not be used for the storage of junk, trash or other forms of refuse or other hazardous substances or perishable items. 3.15.8 In all Zoning Districts, shipping containers may not be placed on a permanent foundation. 3.15.9 No windows, plumbing, electrical or mechanical improvements may be installed on any shipping container. 3.15.10 A Development Permit and Site plan showing the location of the shipping container and all lot lines with setback distances must be submitted to the Development Officer; 3.15.11 The maximum number of shipping containers permitted on one site will be one (1) in residential zones, and two (2) in commercial and industrial zones. 3.16 Fences and Landscaping Features 3.16.1 It is the responsibility of the property owner(s) to ensure that all fences and landscaping features are located within property lines, on property lines, or in accordance with the following setbacks: 3.16.2 The property owner(s) are also responsible for the maintenance of fences and landscaping features on their own lot. 3.16.3 Except where required for screening, a fence, shall not exceed 2.44 metres (8 ft.) in height along the side and rear lot lines; and, may not exceed 1.22 metres (4 ft.) along the front lot line. 3.16.4 No screening device, fences, hedges, or shrubs shall be located within a sight triangle. 3.16.5 Fences may be constructed of wood, concrete, brick, manufactured plastic boards, wrought iron, or chain link fence materials, or as otherwise proposed with Village approval. 3.16.6 Barbed wire fencing is only permitted within the UH - Urban Holding Zoning District with the exception for Public Utilities and Works sites (i.e. Village lagoons, etc.). Village of Lipton Zoning Bylaw 2024 39 3.17 Trees and Vegetation 3.17.1 No trees, shrubs or tall vegetation shall be located within the site triangle. 3.17.2 A permit from the Ministry of Highways and Infrastructure is required for all trees planted within 90 metres (295 ft.) of a provincial highway. 3.18 Outdoor Storage 3.18.1 All sites shall be well maintained and free from waste and debris. 3.18.2 All outdoor storage is only permitted within the side and rear yards. 3.18.3 Any building material, lumber, scrap metal, boxes and similar items stored in a yard shall be neatly stacked in piles and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin and insects. 3.18.4 All outdoor storage must be screened from view from adjacent roadways and properties. Screening devise may include solid fence, landscaping features, berm, vegetative planting or any combination. 3.18.5 All outdoor storage on commercial and industrial properties, including the commercial display of vehicles and equipment must be a minimum of 5 metres from property lines, must not block the vision of drivers on-site; and, must be located outside of the sight triangle. 3.18.6 The outdoor storage, for a period extending 183 consecutive days, of a non- registered motor vehicle or motor vehicle that is not in running order shall be limited to, unless otherwise specified on a Development Permit: i. One (1) such vehicle on any site zoned as within the Residential Zoning District; or, ii. Two (2) such vehicles on any site zoned within the Commercial, Industrial or Urban Holding District. 3.18.7 Where outdoor storage of vehicles is occurring, Council may require a screening device be installed to eliminate the view of the vehicles from adjacent roadways and properties. This site must be kept in a neat and tidy manner. 3.19 Public Utilities and Municipal Services 3.19.1 Public works, utilities, facilities and municipal services, except for solid and liquid waste disposal sites shall be permitted in all zoning districts subject to the following conditions: i. All public utilities shall conform to site size, frontage and setback requirements of the zoning district when possible; ii. The developer is responsible for obtaining and submitting a copy of all additional provincial and federal approvals, permits and licenses to the Village; iii. Natural gas, power, telephone and cable services shall be arranged between the Developer and the respective utility companies. All costs for these services charged by the respective utility companies shall be paid by the Developers; and, Village of Lipton Zoning Bylaw 2024 40 iv. The developer is responsible for the preparation, execution, and registration of any easement that is required for the utility prior to installation. 3.19.2 All new development shall be connected to the Village water and sewer systems. 3.19.3 A reciprocal buffer of 457 metres (1490 feet)shall exist between solid and liquid waste disposal sites and land used for residential purposes. 3.19.4 The local authority and/or utility company shall have access to all public utilities and municipal services at all times. Whether there is a registered easement or not for underground utilities situated on a private site or lot, the outsider shall notify in writing the property owner of the intention to encroach the land. 3.19.5 The Village requires the property owner to contact Sask 1st Call to locate and confirm the underground utilities on their lot before considering to construct a building or structure and/or any landscaping, planting of trees and vegetation, etc. 3.19.6 The Village requires the property owner to contact public utility service providers to identify potential mitigation measures related to public utilities and public works before considering to construct a building or structure and/or any landscaping, planting of trees and vegetation, etc. 3.20 Street or Road Closure 3.20.1 In the event the developer proposes to permanently close an existing street or road as part of the development, the Village shall refer to Street and Road Closure in Saskatchewan as a separate guideline document for necessary requirements to accommodate the proposal. 3.21 Land Uses Permitted in All Zoning Districts 3.21.1 The following land uses are permitted in all Zoning Districts: i. The use of any land as a public street or lane; ii. The use of any land as a public park, pathway and open space; iii. The erection of authorized signage; and, iv. The use of any land or the erection of any building essential to the operation of the Village's public works department. 3.22 Prohibited Land Uses and Noxious Development 3.22.1 Any land use that is not specified in this Bylaw or in a Zoning District listed as a permitted, discretionary, or accessory use shall be prohibited. 3.22.2 No land, building or structure shall be used and/or developed for any purpose that is noxious. 3.22.3 No land, building or structure shall be used and/or developed for any purpose that is likely to become a nuisance by: i. Creation of noise; Village of Lipton Zoning Bylaw 2024 41 ii. Creation of vibration; iii. Emission of light/glare; iv. Emission of gas, fumes, smoke, dust or objectionable odour; v. Reason of unsightly storage of goods, ware, merchandise, salvage, refuse matter, motor vehicles, trailers or parts of vehicles/trailers, machinery or other such material; or, vi. Any combination of the above. 3.23 Disposal of Waste 3.23.1 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 or beneath the surface of any land, or into the air. 3.23.2 No development or use of land which requires solid or liquid waste disposal facilities shall be permitted unless those facilities are approved by the Saskatchewan Health Authority (SHA) and the Water Security Agency (WSA). Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health Authority and the Water Security Agency. 3.24 Frontage and Access 3.24.1 All developments which require public access are required to meet the minimum frontage as outlined in the zoning districts along an all-weather registered road, except when the developer/property owner has entered into an agreement with Council regarding road construction and/or improvements. 3.24.2 Two access points are required for all multi-parcel developments. 3.24.3 All access points connecting the internal road network of a development must be located, designed and engineered to Council's satisfactory. Village of Lipton Zoning Bylaw 2024 42 3.25 Irregular Lot Frontage 3.25.1 The site frontage of irregular shaped lots shall be determined using the following: 3.26 Approach/Driveway Requirements 3.26.1 All construction costs will be the responsibility of the developer or property owner. 3.26.2 The material used for the construction of the approach/driveway may not come from the road right-of-way. 3.26.3 No approach shall be constructed in such a manner as to restrict sight lines or in any way adversely affect traffic safety. 3.26.4 The developer or property owner is responsible for ensuring the drainage is not compromised or altered during the construction and completion of the approach/driveway. Village of Lipton Zoning Bylaw 2024 43 3.26.5 The development of new, modification to, or removal of approaches/driveways adjacent to a Provincial Highway requires approval from the Ministry of Highways. 3.26.6 Approach/driveway requirements for specific Zoning Districts can be found within Table 1. Table 1: Approach/Driveway Requirements Zoning Districts Minimum Top Width Maximum Top Width Special Requirements Residential 4m (13 ft.) 7.62m (25 ft.) Extensions to existing driveways may not exceed 7.62m (25 ft.) and must be constructed with the same material as the existing portion of the driveway. Commercial Industrial 8.53m (28 ft.) No Maximum Corner lots may request approaches onto both adjacent roads and must be approved by the Development Officer. Two approaches may be approved by the Development Officer based on the intensity of the use. Community Service 5m (16.4 ft.) No Maximum Two approaches may be approved by the Development Officer based on the intensity of the use. 3.27 Sight Triangle 3.27.1 In all Zoning Districts, no buildings, structures, fencing, landscaping (trees, bushes, earth pile, vegetation) and other objects shall be located within the sight triangle. 3.27.2 In the case of a street intersection, at a corner site, the measured distance shall be 6 metres or another distance as determined by the Development Officer. 3.27.3 In the case of a lane or driveway intersecting a street, the measured distance shall be 3.0 metres or another distance determined by the Development Officer. 3.27.4 The Ministry of Highways and Infrastructure may require a larger sight triangle due to the type of road and vehicle speed. 3.27.5 The diagram below demonstrates the calculation of the sight triangle. Village of Lipton Zoning Bylaw 2024 44 3.28 Lighting 3.28.1 All outdoor lighting from any development shall be directed away from any adjacent properties and shall not interfere with the use and enjoyment of adjacent properties. 3.28.2 Street lighting shall be arranged and paid for by the Developer. Upon installation, the Village shall pay the operating costs for the street lighting. 3.28.3 All outdoor lighting must not interfere with the effectiveness of all traffic control devices and/or the vision or motorists. 3.28.4 Public access areas shall be well-lit in keeping with the principle of Crime Prevention Through Environmental Design. 3.28.5 Any and all featured lighting located within a development will be the responsibility of the developer to maintain and to cover all costs which includes installation, maintenance and utility invoices. 3.28.6 Council may require from the developer that adequate lighting be installed along all proposed pathways and walkways throughout a development. These lighting standards will be set forth within the service agreement or other development agreement. Village of Lipton Zoning Bylaw 2024 45 3.29 Side Yard Exception 3.29.1 For semi-detached dwellings, townhouses, rowhouses or multiple unit dwellings no side yard shall be required where dwelling units share a common party wall. 3.30 Parking Space Standards 3.30.1 All required parking spaces shall be located on the same site as the principle use or building/structure. A request may be submitted to Council to grant approval for remote parking spaces within a reasonable walking distance from the principle use and building. 3.30.2 Any residential, community service, commercial, or industrial site may have parking spaces located in any applicable yard (front, side, or rear yard). 3.30.3 Required parking spaces and/or facilities may not be used as driveways, for access or egress, commercial repair work, or display, sale or storage of goods. All required parking facilities are intended for accommodating vehicles of clients, customers, employees, members, residents, or visitors in connection with the principle building or use. 3.30.4 All parking spaces and/or facilities must be developed and fully accessible and useable by the public, employees, residents, employees, and/or staff within one (1) year of occupancy of the development. 3.30.5 A minimum of one barrier-free parking space shall be provided for any required parking facility with four or more required parking spaces. 3.30.6 With the exception of barrier-free parking spaces, where rationale is presented for a reduction in parking space requirements, and in the opinion of the Development Officer, the required reduction is reasonable and the basis of the request is valid, the number of required parking spaces may be reduced by no more than 20%. 3.30.7 Existing residential dwellings, community service, commercial, and industrial buildings prior to the adoption of this Bylaw are considered legally non-conforming. 3.30.8 All required parking spaces shall be clear of any access driveways, aisles, ramps, signs, bins or similar obstructions and shall conform to the minimum parking space dimensions within Table 2. Table 2: Minimum Parking Space Dimension Type of Parking Space Minimum Dimension Accessible Parking Space 3.96m (13 ft.) by 6.1m (20 ft.) for one space; or 7.92m (26 ft.) by 6.1m (20 ft.) for two spaces side by side Parallel Parking Space 2.74m (9 ft.) by 6.71m (22 ft.) Parking spaces other than the above 2.74m (9 ft.) by 6.1m (20 ft.) 3.31 Off-Street Parking 3.31.1 The minimum off-street parking space standards are listed in Table 3. When the calculation of parking space requirements results in a fractional number, the fractional number shall be rounded up to the nearest whole number. Village of Lipton Zoning Bylaw 2024 46 Table 3: Minimum Off-Street Parking Space Standards Uses Minimum Off-Street Parking Space Standards Residential Dwellings, Manufactured Homes, Mobile Homes and/or Modular Dwellings Two (2) parking spaces per residential unit Apartment Building or Condominium One (1) parking space per residential unit Bed and Breakfast Homestay One (1) parking space per accommodation unit (additional to the parking requirements for the principal building) Residential Care Home One (1) parking space per staff member plus one (1) parking space per every (5) persons enrolled in the facility Secondary Suite One (1) parking space (additional to the parking requirements for the principal building or use) Garage Suite One (1) parking space (additional to the parking requirements for the principal building or use) Garden Suite One (1) parking space (additional to the parking requirements for the principal building or use) Place of Worship One (1) parking space per 10 seats in main assembly area or one (1) parking space per 20 m² (215 ft²) of gross floor area of main assembly area, whichever is greater Home Day Care One (1) parking space per ten (10) persons enrolled in the day care Community Centres One (1) parking space per 70 m² (753 ft²) of the building floor area Recreational Uses One (1) parking space per 70 m² (753 ft²) of gross floor area or for outdoor recreational uses one (1) space per four (4) persons at design capacity Day Care Centre One (1) parking space plus one (1) parking space per ten (10) persons enrolled in the facility Convenience store; Offices and Office Buildings; Personal Service Trade; Service Stations and Gas Bars; Medical or Dental Clinics One (1) parking space per 70 m² (753 ft²) of gross leasable floor area Restaurant One (1) parking space per 20 m² (215 ft²) of gross floor area devoted to the public Educational Institutions One (1) parking space per classroom plus one (1) parking space per eight (8) students at design capacity Hotels and Motels One (1) parking space per guest room All Manufacturing, Fabricating, Warehousing Buildings and uses; Storage Buildings and Yards; Handling, Loading, Distribution and/or Shipping Facilities; Builders or Contractor's Yards and Shops; and, Other Similar Industrial Related Uses One (1) parking space per three (3) employees at the peak period but not less than one (1) parking space per 150 m² (1,615 ft²) of gross floor area 3.32 Seasonal Recreational Vehicle Parking Village of Lipton Zoning Bylaw 2024 47 3.32.1 The parking of seasonal recreational vehicles (motor homes, travel trailers, fifth wheel trailers, boats, or any similar vehicles) is permitted subject to the following requirements: i. Parking is permitted in the side and/or rear yard of a site; ii. Parking is permitted on a street, avenue, or highway for a period not to exceed twenty-four (24) consecutive hours; iii. Parking is permitted in the front yard on driveways, approaches and/or legal parking stalls from April 1st to October 31st inclusive; iv. The maximum number of seasonal recreational vehicles permitted on a residential property cannot exceed two (2). This includes both licensed and unlicensed; and, v. The maximum number of seasonal recreational vehicles permitted on a commercial, industrial or urban holding property cannot exceed four (4). This includes both licensed and unlicensed. 3.33 Loading and Unloading Spaces 3.33.1 On a site where the use of a building involves the receipt, distribution or dispatch by vehicle of materials, goods, or merchandise, space for such vehicles for standing and/or loading and unloading shall be provided without restricting access to other parts of the site. 3.33.2 The location of the loading/unloading spaces must allow for safe and convenient access for larger vehicles and trucks without impeding traffic within the site and the surrounding area. 3.33.3 The required minimum loading/unloading spaces and dimensions can be found within Table 4. Table 4: Required Minimum Loading/Unloading Spaces Gross floor area of Number of Spaces Required Minimum Space Dimensions Under 800m2 (8,611 ft²) One (1) space Width: 5.5 metres (18 ft.) Length: 12.19 metres (40 ft.) Height Clearance: 4.27 metres (14 ft.) Between 800m2 - 5,500m2 (1,615 ft² - 59,201 ft²) Two (2) spaces Between 5,500m2 - 10,000m2 (59,201 ft² - 107,639 ft²) Three (3) spaces Greater than 10,000m2 (107,639 ft²) Three (3) spaces plus one for each additional 5,000m2 (53,820 ft²) of gross floor area 3.34 Groundwater 3.34.1 A recommendation for subdivision approval, or the issuance of a Development Permit shall not occur if, in the opinion of Council, the quality of groundwater or an aquifer would be adversely affected by the proposed development. Village of Lipton Zoning Bylaw 2024 48 3.34.2 A Geotechnical Report, Hydrogeological Report, or additional information and data shall be required upon request of Council. All reports of this nature shall be prepared by a qualified engineer/professional and may be required to address the possibility of impacts on groundwater, recommended areas to be avoided by development, or conditions under which appropriate development may be approved. Council shall make a recommendation for subdivisions or development approval based on these reports. 3.34.3 Council may refer the proposed development to the Ministry of Environment, Water Security Agency, Saskatchewan Health Authority, municipal engineer or any other relevant agencies in assessing any geotechnical or hydrogeological limitations. 3.34.4 In consultation with the above-mentioned referral agencies and professional reports, in making a decision, Council may establish reasonable mitigation measures to reduce erosion, sedimentation, runoff and vegetation removal associated with development for land uses with the potential to contaminate water sources, major wetlands, infiltration areas, sizable water bodies, and watercourses. 3.34.5 Stormwater management plans are required for land uses where run-off or spilled contaminants may be hazardous to water supplies. 3.35 Historic and Heritage Resources 3.35.1 The Village may require any lands identified as having historical, cultural or heritage resources dedicated as Environmental Reserve to preserve and protect these significant lands. 3.35.2 New development in proximity to historical, cultural or heritage resources may be required to be screened, buffered, set back, or have established design guidelines if the proposed development is deemed to be incompatible with existing resources. 3.35.3 Council may refer the proposed development to the Heritage Conservation Branch, Ministry of Parks, Culture and Sport. Should a Heritage Resource Impact Assessment (HRIA) be required, it is the responsibility of the developer to have it carried out by a qualified professional under an approved investigation permit. 3.35.4 The following developments are exempt from heritage screening using the Developers' Online Screening Tool: i. Continuing agricultural use of land; ii. Construction, alteration, addition, extension, removal or demolition of a single residence; iii. Construction, installation, alteration, addition, extension, removal or demolition or an accessory or ancillary building, structure or use, including: 1) Garages, carports, workshops, sheds, barns, and other animal shelters; 2) Fences, freestanding walls, and retaining walls; 3) Approach, driveway or pathway; 4) Dugouts, wells, water tanks or cisterns; 5) Solar panels, wind turbines or wind mills; 6) Gardens, trees, windbreaks, and related watering systems; Village of Lipton Zoning Bylaw 2024 49 7) Barbeques or fire-pits; 8) Swimming pools, hot-tubs, fish ponds, fountains or other water features; and, 9) Boat dock, launch or house. 3.36 Environmentally Sensitive Areas 3.36.1 The following lands shall be protected from incompatible or potentially incompatible land uses: i. Lands where rare or endangered flora and fauna have received Provincial designation and protection; ii. Lands designated under the Wildlife Habitat Protection Act and amendments; iii. Lands designated under another environmental protection legislation or policy; iv. Private lands that have been voluntarily protected by landowners; and, v. Hazardous lands. 3.36.2 A comprehensive investigation to identify the sensitive feature(s) on the lands and the potential impacts of development may be required by Council or the Development Officer. 3.36.3 During the subdivision process, the Village may require lands designated as environmentally sensitive to be dedicated to the Village as Environmental Reserve. 3.36.4 Mitigation measures to ensure the protection of the environmentally sensitive areas may be a requirement of a subdivision, re-development of a site, discretionary use application or a Development Permit. 3.37 Buffer Strips 3.37.1 Buffer strips are intended to improve land use compatibility and environmental quality by reducing noise, lighting glare and other nuisances, or facilitating natural drainage. Provision of buffer strips to separate uses from adjacent properties may require a minimum of a 1.0 metre vegetative buffer, unless a fence is required for other reasons. 3.37.2 The Village may restrict motor vehicle access to any buffer strip. If the buffer strip is restricted, no motor vehicle shall access the buffer strip without permission of the municipality. 3.38 Supplementary Information Requirements 3.38.1 Council or the Development Officer may request supplementary information be submitted for any new development or re-development of a site through subdivision, rezoning or a discretionary use application. 3.39 Landscaping Plan 3.39.1 All Landscaping Plans shall include: i. Location of all existing and proposed buildings/structures; Village of Lipton Zoning Bylaw 2024 50 ii. Location of all above and below ground utilities, water, sewer, gas, electrical, power, etc.; iii. Location, type and complete description of plant materials, including names, locations, quantities, heights and spacing at installation; iv. Location of all existing hard surfaces, parking areas, sidewalks, driveways, patios, etc; v. Location and type of all existing vegetation to be preserved; vi. Location, size and type of proposed seating, lighting and other outdoor features; and, vii. Location of all new pathways and connection to any existing pathways. 3.40 Heritage Resource Impact Assessment (HIRA) 3.40.1 All Heritage Resource Impact Assessments shall be prepared by a qualified professional and submitted directly to the Ministry of Parks, Culture and Sport, Heritage Conservation Branch for their review and approval. 3.40.2 A copy of the Ministry's approval must be submitted to the Village office. 3.40.3 The study shall meet the minimum requirements of the Heritage Conservation Branch and establish: i. The presence and location of heritage sites within the project areas; ii. Suitable mitigation measures that could be implemented; iii. The content, structure, and importance of those heritage sites; and, iv. The need for any mitigative follow-up. 3.41 Public Engagement Report 3.41.1 As part of an application for a Development Permit, Discretionary Use Permit, rezoning, subdivision or redevelopment of a site, an applicant may be required to undertake public consultation. 3.41.2 The written report must outline all public engagement opportunities and activities and be approved by the Village before commencement. 3.41.3 Once all the approved public engagement opportunities and activities have been completed, the developer must submit an appendix to the Public Engagement Report outlining all communication, public and stakeholder meetings or sessions, open houses, surveys, etc., along with a summary of the outcome of these opportunities and activities. Finally, the appendix must identify how this feedback was considered and incorporated into the proposal. Village of Lipton Zoning Bylaw 2024 51 3.42 Traffic Impact Assessment 3.42.1 A Traffic Impact Assessment (TIA) may be required for multi-parcel subdivisions as well as medium and high-density developments, or other developments or subdivision where the existing traffic counts and patterns are expected to be significantly altered as a result of the proposal. 3.42.2 The Traffic Impact Assessment shall include: i. A summary of existing traffic patterns and counts in the affected area; ii. The potential impact of the proposal of on the road and transportation system surrounding the development; iii. An analysis to determine if it is possible to accommodate the proposal without the implementation of off-site changes; and, iv. The mitigation measures and improvements that would be recommended and required to accommodate the proposal and a timeline for when these would be required. 3.43 Vibration Impact Study 3.43.1 A Vibration Impact Study may be required when vibrations generated by a proposed subdivision, development, discretionary use, or redevelopment of a site have the potential to impact the surrounding environment; or, vibrations generated by a railway, highway, or similar corridor have the potential to impact the proposed development. 3.43.2 A Vibration Impact Study must be completed by a qualified acoustic consultant or vibration consultant and shall include the following at a minimum: i. Description of the vibration guidelines/standards applied (methods); ii. Vibration sources and forecasts; iii. Vibration assessment; and, iv. Recommendation of the required mitigation measures. 3.44 Noise Impact Study 3.44.1 A Noise Impact Study may be required when noise-related nuisances generated by a proposed subdivision, development, discretionary use, or re-development of a site have the potential to impact the surrounding environment; or, noise-related nuisances generated by a railway, highway or similar corridor have the potential to impact the proposed development. 3.44.2 A Noise Impact Study must be completed by a qualified acoustic consultant and shall include the following at a minimum: i. Description of the sound level guidelines/standards applied (method); ii. Noise sources and noise level forecasts; iii. Noise impact assessment; and, Village of Lipton Zoning Bylaw 2024 52 iv. Recommendation of the required mitigation measures. 3.45 Aquifer Protection Plan 3.45.1 Where deemed necessary, as part of the application for a Development Permit, Discretionary Use Permit, rezoning subdivision, or re-development of a site, the developer may be required to submit an Aquifer Protection Plan. 3.45.2 The Aquifer Protection Plan shall include: i. Site specific information and description of the groundwater and the local aquifer; ii. A description of the sensitivity of the groundwater and local aquifer in respect to potential breach, contamination, depletion or other concerns; iii. Consideration of the impact of the proposal may have on the quality and quantity of the groundwater and local aquifer; and, iv. Outline of proposed mitigation measures that will be implemented in order to preserve and protect the groundwater and local aquifer. 3.46 Landscaping Requirements 3.46.1 Any portion of the site not used for buildings, parking, storage, driveway or similar uses shall be landscaped. 3.46.2 Existing vegetation such as trees and shrubs shall remain, where possible. 3.46.3 All sidewalks in the Village must be a minimum width of 1.22 metres (4 ft.) and must be constructed to engineered specifications and standards. 3.46.4 Pathways located on Municipal Reserve lands shall have a 1.83 metre (6 ft.) asphalt or gravel surface. 3.46.5 All new development or re-development of a site within the Commercial or Industrial Zoning District is required to comply with the following landscape requirements: i. A landscaped strip of land with a minimum width of 3 metres (9.8 ft.) along the frontage of the site shall be provided and used for landscaping, pedestrian access and vehicular access. On corner lots, the addition of a 1 metre (3.3 ft.) landscaped strip of land is required along the side lot line adjacent to the registered road, not including a lane. ii. Where site abuts the Residential Zoning District, a landscaped strip of land with a minimum width of 3 metres (9.8 ft.) shall be provided along the abutting site. 3.46.6 All new development or re-development of a site within the Residential Zoning District is required to comply with the following landscaping requirements: i. All new pathways, walkways and greenspaces must be landscaped as per the approved Landscape Plan. ii. Any portion of land located between the developed sidewalk and the roadway must be landscaped, as per the approved Landscape Plan. Village of Lipton Zoning Bylaw 2024 53 3.46.7 A minimum of one tree per 40 square metres (431 ft2). of required site landscaping is required per lot; 3.46.8 For every 10 metres (32.8 ft.) along a registered road right-of-way, a minimum of one deciduous tree is required. 3.46.9 A minimum of one shrub per 20 square metres (215 ft2). of required site landscaping is required per lot. 3.46.10 All plant materials should be a species capable of healthy growth in Saskatchewan. 3.46.11 Council may require a developer or property owner to provide a buffer to separate uses from adjacent properties, if they are deemed incompatible. This buffer shall include vegetation landscaped buffer, unless a screening fence is required for other reasons. 3.47 Development Adjacent to Provincial Highways: 3.47.1 Any development within 90 metres (295 ft.) of any existing or planned provincial highway requires a permit from the Ministry of Highways. 3.47.2 Any advertising, including all signage permitted in this Bylaw is not permitted in the sight triangle, as determined in consultation with the Ministry of Highways. 3.47.3 Council will refer any application for a Development Permit, Discretionary Use Application, rezoning, subdivision, or re-development of a site to the Ministry of Highways if the proposed development is within 90 metres (295 ft.) of a provincial highway right-of-way, or if the development has the potential to cause impacts on provincial highways or future highway upgrades or expansions. 3.47.4 Council or the Development Officer may require supplementary information be submitted to the Village during the review process of a subdivision, re-development of a site, a discretionary use application or a Development Permit. 3.47.5 Council or the Development Officer may require mitigation measures to be implemented into the proposed development to reduce the impact of the Provincial Highway onto the development. This may include, but not limited to, vegetation berm, creation of a buffer strip, installation of a fence, etc. 3.48 Development Adjacent to Pipelines/Gas Transmission Lines 3.48.1 Any development located with 250 metres (820 ft.) of the centerline of a pipeline and/or transmission line requires additional consultation with the owner/operator of the pipeline or transmission line. 3.48.2 All forms of Development must be setback from the edge of the right-of-way of a pipeline and/or transmission line in accordance with Table 5. 3.48.3 The National Energy Board requires that any proposal to conduct ground disturbance within 30 metres of the edge of the right-of-way of a pipeline and/or transmission line requires written consent from the owner/operator prior to the commencement of ground disturbance. Village of Lipton Zoning Bylaw 2024 54 3.48.4 Pipelines shall be encouraged to be incorporating into the design of the proposed development or re-development of a site, such as pathways or other similar public greenspace. Table 5: Offset to Development Reference (m) Land Use Residential Residential Commercial* Commercial* Industrial* Diameter (NPS) High/ Medium Density Low/ Very Low Density High Density Medium /Low Density High/ Low Density 20 145 140 125 70 80 16 110 95 95 10 15 14 100 80 85 10 10 12 85 60 70 10 10 10 70 40 60 10 10 8 50 10 35 10 10 6 40 10 25 10 10 4 30 10 20 10 10 3 25 10 20 10 10 2 20 10 15 10 10 Land Use Corresponding Activity Zone Industrial High Density Industrial areas with effective occupancy levels of 25 people per hectare or greater. Industrial Low Density Industrial areas with effective occupancy levels of 0 to 25 people per hectare. Commercial High Density Commercial areas with effective occupancy levels of 100 people per hectare or greater. Commercial Medium Density Commercial areas with effective occupancy levels of 25 to 100 people per hectare. Commercial Low Density Commercial areas with effective occupancy levels of 0 to 25 people per hectare. Residential High Density Multi-story urban residential areas with population densities of 100 people per hectare (4000 dwelling units per square kilometer) or greater. Residential Medium Density Suburban residential areas with population densities of 25 to 100 people per hectare (1000 dwelling units per square kilometer). Residential Low Density Rural or suburban fringe residential areas with population densities of 1.0 to 25 people per hectare (25 dwelling units per square kilometer). Residential Very Low Density Rural areas with population densities of 0 to 1.0 people per hectare (4 dwelling units per square kilometer). - Use of the largest setback for the associated pipe diameter is recommended for industrial installation or hazardous material storage where the release of gas from the pipeline can cause the industrial installation to produce a dangerous or environmentally hazardous condition. Use of the largest setback for the associated pipe diameter is recommended for buildings with human occupancy where rapid evacuation may be difficult (e.g. nursing homes, hospitals, etc..). - Green cells indicate that TransGas' minimum set back recommendation of 10 meters (33 ft.) is applicable. Unless otherwise specified a recommended minimum set back of 10 meters (33 ft.) applies to the nearest building or structure regardless of density. Village of Lipton Zoning Bylaw 2024 55 3.49 Development Adjacent to Potentially Hazardous Lands 3.49.1 Where a proposed development or subdivision is located within an area identified as potentially hazardous, which includes potentially unstable lands, lands where a water body or water bodies are present, flood plains and other flood-prone areas, environmentally sensitive areas and lands on top of sensitive aquifers and/or contaminated lands, Council may require the applicant to submit a topographic survey, an Environmental Site Assessment (ESA), Geotechnical Report, Safe Building Elevations or other technical information to evaluate the presence of the potential hazard. Village of Lipton Zoning Bylaw 2024 56 4 Specific Land Use Regulations This section addresses special provisions, specific development standards and land use requirements that apply to the following uses that are listed as a Permitted Use and Discretionary Use within the Zoning Districts. 4.1 Bed and Breakfast 4.1.1 A bed and breakfast shall be located within a single detached dwelling, secondary suite, or semi-detached dwelling used as the operator's principal residence. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building, property, or neighbourhood. 4.1.2 A maximum of two (2) guest bedrooms shall be permitted in a dwelling operating as bed and breakfast. 4.1.3 No food preparation or cooking spaces/facilities shall be provided within any bedroom or suite made available for rent (with the exception of a mini-fridge and microwave). 4.2 Home Based Business 4.2.1 A Home based business shall only be conducted within either the principal dwelling or an accessory building on the same site. 4.2.2 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 4.2.3 Exterior storage of goods, materials or equipment related to the home based business is prohibited. 4.2.4 The residents of the principal dwelling shall be the only employees for the home based business. 4.2.5 The home based business shall have a maximum floor area of 25% of the principal dwelling. 4.2.6 No nuisance from noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance shall be produced by the home based business; and, at all times the privacy and enjoyment of adjacent dwellings shall be preserved. 4.2.7 The home based business shall not generate more than three (3) clients at one time to the site from which the home based business is operating from. 4.2.8 Home based businesses include, but are not limited to: i. Crafting; ii. Teaching including online curriculums; iii. Accounting; iv. Hair/Esthetics Salon; Village of Lipton Zoning Bylaw 2024 57 v. Massage Therapy; vi. Web/Graphic Design; vii. Music Teacher; viii. Dance Studio; ix. Gym/Fitness Studio; x. Pet Grooming; and, xi. Photography. 4.3 Service Stations and Gas Bars 4.3.1 Fuel pumps and other accessory equipment shall be located at least 6 metres from any street or lot line. 4.3.2 All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to the satisfaction of Council. 4.3.3 The applicant must submit a site plan showing the location of all fuel pumps, propane storage and all other hazardous and dangerous goods to the Village. 4.3.4 The access to the lot shall be designed to reduce conflict with other vehicular and pedestrian traffic. 4.3.5 The storage of fuel, propane and all other hazardous and dangerous goods shall meet all provincial regulations. 4.3.6 An Emergency Management Plan must be submitted to the Village. 4.3.7 The applicant shall provide written confirmation that the Fire Chief for the specific area has been notified regarding the type, location and volume of substance(s) stored on site. 4.4 Residential Care Home 4.4.1 A Residential Care Home may be approved as a principal use or a secondary use to the existing principal dwelling. 4.4.2 The maximum number of residents, excluding all staff and any resident owner(s)/operator(s) is ten (10). 4.4.3 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 4.4.4 No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders, lodgers, or persons for short-term or vacation rental. 4.4.5 All provincial and federal approvals, licenses and permits must be submitted to the Village. 4.4.6 All residential care homes must comply with the setbacks set forth within the specific Zoning District where the care home is located. Village of Lipton Zoning Bylaw 2024 58 4.5 Personal Care Home 4.5.1 A Personal Care Home may be approved as a principal use or a secondary use to the existing principal dwelling. 4.5.2 The maximum number of residents, excluding all staff and any resident owner(s)/operator(s) will be determined by Council. 4.5.3 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 4.5.4 No building or structure used for the purpose of a personal care home shall be used for the purpose of keeping boarders, lodgers, or persons for short-term or vacation rental. 4.5.5 All provincial and federal approvals, licenses and permits must be submitted to the Village. 4.5.6 All personal care homes must comply with the setbacks set forth within the specific Zoning District where the care home is located. 4.6 Garage/Garden Suite 4.6.1 To simplify regulations, both the garage and garden suite are treated the same in this Bylaw. 4.6.2 A garage/garden suite must be secondary to the existing principal dwelling on the lot. 4.6.3 A garage/garden suite is not permitted on a lot that contains a multi-family, semi- detached dwelling, mobile home, manufactured home, community service or institutional building, accommodation services, bed and breakfast, or care home. 4.6.4 One secondary suite, garden suite, or garage suite is permitted on a lot. 4.6.5 The size of the garage/garden suite building is to be a minimum of 37.2 square metres (400 ft2).to a maximum of 74.4 square metres (800 ft2). with a maximum building height of 8 metres (26 ft.). 4.6.6 The garage/garden suite may be located in any front, rear, or side yard as long as setbacks and separation distances are met. Village of Lipton Zoning Bylaw 2024 59 4.6.7 The garage/garden suite may also be situated above the existing attached or detached garage of a principal dwelling. 4.6.8 The garage/garden suite shall be placed on permanent foundation and shall be securely anchored to the ground with a system approved by the Village's building inspector. 4.6.9 Setbacks for garage/garden suites shall be the same as an accessory building for the zone where the garage/garden suite is located. 4.6.10 A garage/garden suite must be separated a minimum distance of 3.96 metres (13 ft.) from the single detached dwelling on the same lot. 4.6.11 The garage/garden suite must contain at minimum: a living room; bathroom; kitchen; and, one (1) bedroom. The maximum number of bedrooms permitted within a garage/garden suite is two (2). 4.6.12 Where a garage/garden suite contains a parking area, the garage/garden suite shall have an entrance separate from the vehicle entrance to the parking area, either from a common indoor landing or directly from the exterior of the structure. 4.6.13 All utilities such as sewer, water, gas, electricity and telephone may either be supplied through the principal dwelling on the lot, or a garage/garden suite may have its own utility services. 4.6.14 The placement of the suite must not adversely affect surface water run-off or create drainage problems. 4.6.15 A site plan showing the location of the proposed garage/garden suite and all the setback distances from the garage/garden suite to each property line and existing building on the lot must be submitted to the Village with the Development Permit application. 4.6.16 The garage/garden suite construction must comply with all relevant requirements of The National Building Code, and, The Uniform Building and Accessibility Standards Act and Regulations. 4.6.17 The garage/garden suite must not unduly interfere with the amenities or change the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Village services, utilities, or roadway access. 4.7 Secondary Suite 4.7.1 A secondary suite must be located within an existing principal dwelling with a separate access. A secondary suite may be located in the basement, also known as a "basement suite". 4.7.2 A secondary suite is not permitted on a lot that contains a multi-family, semi- detached dwelling, mobile home, manufactured home, community service or institutional building, accommodation services, bed and breakfast or care homes. Village of Lipton Zoning Bylaw 2024 60 4.7.3 A secondary suite shall be developed in such a manner that the exterior of the principal building containing the secondary suite shall appear the same as the primary building from a public road or street. No exterior alterations shall be completed to make the appearance of the principal building inconsistent with the residential character of the building, property, or neighbourhood. 4.7.4 Only one secondary suite, garage/garden suite is permitted on a lot. 4.7.5 The minimum floor area for a secondary suite is 37.2 square metres (400 ft.2). 4.7.6 The maximum floor area for a secondary suite shall not be more than the lesser of the following: i. 80% of the total floor area of all storeys of the principal dwelling unit, excluding the garage and common spaces severing both units; or, ii. 74.4 square meters (800 ft.2). 4.7.7 The setback restrictions and separation distances, if applicable, to other buildings and structures on the same site shall be the same as the zone in which the secondary suite will be located. 4.7.8 The secondary suite must be self-contained and at a minimum include: a living room, bathroom, kitchen and one (1) bedroom. The maximum number of bedrooms permitted within a secondary suite is two (2). 4.7.9 A separate entrance for a secondary suite, if applicable, shall be situated by the side or rear only of a principal building. The access to a secondary suite shall clearly be secondary only and not perceived as a main entrance of the primary building. 4.7.10 The use of a secondary suite must only be for residential occupancy. 4.7.11 All utilities such as sewer, water, gas, electric and telephone may either be supplied through the principal dwelling on the lot, or a secondary suite may have its own utility services. 4.7.12 The secondary suite construction must comply with all relevant requirements of The National Building Code, and, The Uniform Building and Accessibility Standards Act and Regulations. 4.7.13 The secondary suite must not unduly interfere with the amenities or chance the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Village services, utilities, or roadway access. 4.8 Accessory Dwelling in a Non-Residential Use 4.8.1 Where a commercial or industrial site intends to have an accessory dwelling (e.g. secondary suite, garage/garden suite, etc.) in addition to the principal building, a Development Permit and Building Permit is required to be submitted by the property owner(s) to the Development Officer and Building Official respectively. Village of Lipton Zoning Bylaw 2024 61 4.8.2 An accessory dwelling for a caretaker, owner, or manager of a commercial or industrial principal use is permitted subject to the following conditions: i. A caretaker's dwelling shall be permitted as an accessory use to a non-residential use and shall be deemed to be a dwelling unit subject to all other regulations in this Bylaw; ii. Every caretaker's quarters shall be screened and located where its visibility from streets and abutting properties is minimal; and, iii. The resident of the caretaker's quarters shall be the occupant or an employee of the occupant of the principal use, receiving monetary or comparable payment for caretaker service. 4.9 Condominium Development 4.9.1 Bare land units shall comply with the minimum frontage requirements set out in the zoning district in which the surface bare land condominium development is located. 4.9.2 Bare land units shall meet the minimum frontage requirements on either common property or a registered road right-of-way. 4.9.3 The minimum area for the overall development (surface parcel) is calculated as the minimum site area set out in the zoning district in which the surface bare land condominium development is located multiplied by the number of bare land units. Each bare land unit shall meet the minimum site area set out in the zoning district in which the surface bare land condominium development is located. 4.9.4 Front, rear, and side yard setbacks for bare land units are measured to the boundaries of the bare land unit. 4.10 Storage of Hazardous Substances 4.10.1 The following information must be submitted with the Discretionary Use Application: i. A description of the hazardous substance(s) to be stored on site including type and quantity, as well as any potential adverse impacts to the environment; ii. A site plan showing the location of the stored hazardous substance(s), all existing buildings/structures, access and distances to each property line; iii. The mitigation measures that will be implemented to reduce any adverse impacts; iv. In areas with a higher aquifer sensitivity, a statement on the potential impacts on the aquifer must be provided; v. A map showing the proposed transportation routes for the hazardous substance(s) to be transported; vi. An Emergency Management Plan (including a plan for spill cleanup and remediation); vii. A Decommissioning and Reclamation Plan with estimated timeline for completion. Village of Lipton Zoning Bylaw 2024 62 viii. Evidence that the stored substance(s) will confirm to the codes, standards and regulations set forth in The National Fire Code, The Environmental Management and Protection Act, The Dangerous Goods Act Transportation Act, The National Building Code, The Hazardous Substance and Waste Dangerous Good Regulations and other applicable codes, standards and regulations may be required. 4.10.2 All provincial and federal approvals, licenses and permits must be submitted to the Village. 4.10.3 A road agreement may be required for the construction or upgrading of a road to provide access to the site. 4.10.4 All provincial and federal approvals, licenses and permits must be submitted to the Village. 4.10.5 A road agreement may be required for the construction or upgrading of a road to provide access to the site. 4.11 Commercial Telecommunication Towers and Facilities 4.11.1 All commercial telecommunication towers and facilities shall be enclosed within a locked protective chain link fence with a minimum height of 3.05 m (10 ft.). 4.11.2 All guy wire anchors shall be setback at least 3.05 m (10 ft.) from the property line and be clearly marked. 4.11.3 The telecommunication tower shall not display any advertising, except for the manufacturer's logo. 4.11.4 The telecommunication tower shall not be illuminated unless required by Transport Canada regulations. 4.11.5 Satellite dishes may be installed in any commercial and industrial sites for communication purposes or re-broadcasting or television signals. 4.11.6 Two antenna wires shall be permitted, whose height shall conform to the maximum stated for the zone. 4.11.7 Towers and similar structures shall not obstruct air navigation or communication. Council will consult the Department of Communications of Canada, Transport Canada, SaskPower, or other agencies prior to installation approval. 4.11.8 Certification of structural safety by a certified professional engineer, proof of liability insurance and proof of an approved electrical permit shall accompany applications to erect a tower. 4.11.9 Permitted tower height and additions are indicated in Table 6. Table 6: Permitted Tower Height Zoning Districts Maximum Height All Residential Districts 20 metres (66 ft.) All Commercial Districts 25 metres (82 ft.) All Industrial Districts 25 metres (82 ft.) Village of Lipton Zoning Bylaw 2024 63 4.12 Campgrounds 4.12.1 The application shall submit a Development Permit for a Campground and shall provide the Development Officer with a site plan, identifying any buildings, uses of land and the location of all roadways and camp sites with dimensions. 4.12.2 Any addition or rearrangement of sites, the construction or moving of buildings, the material change in use of portions of land, or the filling or cleaning of land shall require a Development Permit, and the application shall submit, for approval, an amended site plan incorporating the proposed development. 4.12.3 Council may require supplementary information subject to sections 3.38-3.46 of this Bylaw prior to review and approval. 4.12.4 A campground shall have, within its boundaries, a buffer area abutting the boundary of not less than 3 metres (9.84 ft.) in width, which shall contain no buildings. 4.12.5 Parking facilities, where required, shall be provided in accordance with section 3.31 of this Bylaw. 4.12.6 Signage shall be in accordance with section 3.13 of this Bylaw. 4.12.7 Each permitted camp site shall be clearly marked in the campground. 4.12.8 Each campsite shall have a minimum area of 150 square metres (1615 ft.2). 4.12.9 No portion of any campsite shall be located within an internal roadway or required buffer area. 4.12.10 Each site shall have direct and convenient access to a developed internal roadway. 4.12.11 The space provided for roadways within the campground shall be at least 7.62 metres (25 ft.) in width. 4.12.12 A campground may include, as an accessory use, a laundromat or convenience store designed to meet the needs of occupants of the sites and a single unit dwelling for accommodation of the operator. 4.12.13 No recreation vehicles shall be stored or any campsites when the campground is not open. All Community Service Districts 20 metres (66 ft.) Urban Holding District 25 metres (82 ft.) Village of Lipton Zoning Bylaw 2024 64 5 Zoning Districts and Zoning Map 5.1 Classification of Zoning Districts 5.1.1 For the purpose of this bylaw, the Village of Lipton is divided into the following Zoning Districts and may be referred to by the following appropriate symbols listed in Table 7: Table 7: Zoning Districts District Type Symbol Zoning District Page Residential R1 Residential Zoning District 60 Commercial C1 Commercial Zoning District 62 Industrial M1 Industrial Zoning District 65 Institutional CS Community Service District 67 Urban Reserve UR Urban Reserve District 69 5.2 The Zoning District Map 5.2.1 The map bearing the statement "Zoning District Map" adopted by the Village of Lipton, and signed by the Mayor and the Village Administrator under the seal of the Village shall be known as the "Zoning District Map" and such map is hereby declared to be an integral part of this bylaw. Village of Lipton Zoning Bylaw 2024 65 6 R1 - Residential Zoning District 6.1 Purpose 6.1.1 The purpose of the R - Residential Zoning District is to preserve the low-density character of Lipton, while also allowing compatible forms of residential development. 6.2 Permitted Uses 6.2.1 The following are permitted uses in the R - Residential Zoning District: i. Single Detached Dwelling; ii. Semi-detached and duplex dwellings; iii. Secondary Suite; iv. Garden/Garage Suite; v. Home Based Business; vi. Home Day Care; vii. Personal Care Home; viii. Open Space, Parks, Passive Recreational Area; ix. Sports Field; x. Conservation Area; xi. Public Works and Utilities; and, xii. Other accessory buildings and ancillary uses to the existing principal permitted uses and located on the same site as the principal use including decks, sheds, etc. 6.3 Discretionary Uses 6.3.1 The following are discretionary uses in the R - Residential Zoning District and are subject to the completion of the Discretionary Use process: i. Mobile Homes; ii. Bed and Breakfast; iii. Row house dwelling; iv. Multi-unit dwelling; v. Institutional use; vi. Hospital/Health Centre; vii. Place of worship; and, viii. Post office. Village of Lipton Zoning Bylaw 2024 66 6.4 Site Regulations and Development Standards 6.4.1 Public works, utilities, playgrounds, and parks are exempt from these site requirements. 6.4.2 Any subdivision, development, building, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 8 below. Table 8: R1 - Residential Site Regulations and Development Standards Single Detached Dwellings Semi-Detached, Duplex, and Multi- Unit Dwellings All other Permitted and Discretionary Uses, unless otherwise stated Accessory Buildings Site Area Minimum 360 m2 with lane (3,875 ft.2) 450 m2 without lane (4,844 ft.2) 255 m2 per dwelling unit with lane (2745 ft.2) 315 m2 per dwelling unit without lane (3391 ft.2) 450 m2 (4,844 ft.2) N/A Site Frontage 12.19 m with lane (40 ft.) 15.24 m without lane (50 ft.) 9.14 m (30 ft.) per dwelling unit with lane 10.67 m (35 ft.) per dwelling unit without lane 15.24 m (50 ft.) N/A Front Yard Setback* 6.1 m (20 ft.) Side Yard Setback 1.52 m (5 ft.) from property line 3.05 m (10 ft.) from local road 1.52 m (5 ft.) from property line 3.05 m (10 ft.) from local road 0 m from shared property line (common wall which divides the units) 1.52 m (5 ft.) 1.52 m (5 ft.) Rear yard Setback 7.62 m (25 ft.) 7.62 m (25 ft.) 7.62 m (25 ft.) 1.52 m (5 ft.) Site Coverage (maximum) 50 percent Maximum Building Height 10.67 m (35 ft.) 10.67 m (35 ft.) 10.67 m (35 ft.) 3.66 m (12 ft.) *Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. Village of Lipton Zoning Bylaw 2024 67 7 C1 - Commercial Zoning District 7.1 Purpose 7.1.1 To provide for commercial development land uses to serve the shopping and personal needs of residents and visitors. Commercial land uses will be encouraged in the downtown core, and along Railway Avenue. 7.2 Permitted Uses 7.2.1 The following are permitted uses in the C - Commercial Zoning District: i. Restaurants including Licensed Dining Room; ii. Fast Food Outlet; iii. Food and Beverage Services; iv. Bakeries; v. Grocery Store; vi. Lounge/Tavern; vii. Convenience Store; viii. Laundry Facility; ix. Health Facility including Medical and Dental Clinic, Pharmacy, Gym, etc.; x. Art/Music/Dance/Yoga Studio; xi. Lodges, Social Clubs; xii. Emergency Service Facility; xiii. Personal Service Establishments; xiv. Commercial Entertainment Establishment including Theatres and Assembly Halls; xv. Institutional Use; xvi. Educational Support Facility; xvii. Retail Store; xviii. Post Office; xix. Printing Plants, Newspaper Offices. xx. Undertaking Establishments and Funeral Homes; xxi. Office Buildings; xxii. Financial Institution; xxiii. Photography Studio; xxiv. Libraries; Village of Lipton Zoning Bylaw 2024 68 xxv. Art Galleries; xxvi. Museum; xxvii. Hotel/Motel; xxviii. Shopping Centre; xxix. Furniture and Appliance Sales and Service; xxx. Service or Repair Shop; xxxi. Open Space, Parks, Passive Recreational Area; xxxii. Conservation area; xxxiii. Public Works and Utilities; and, xxxiv. Other accessory buildings and ancillary uses to the existing principal permitted uses and located on the same site as the principal use including decks, sheds, etc. 7.3 Discretionary Uses 7.3.1 The following are discretionary uses in the C - Commercial Zoning District and are subject to the completion of the Discretionary Use process: i. Gas Bars; ii. Service Stations; iii. Custom Meat Cutting and Packaging (excluding slaughtering); iv. Animal Hospital and/or Veterinary Clinic; v. Places of Worship; vi. Licensed Retail Store or Off-Sale Facilities; vii. Distillery/Brewery; viii. Personal Care Home; ix. Residential Dwelling Unit, accessory; x. Automobile Sales and Service; xi. Auto Body Shops; xii. Equipment and Tool Rental Establishments; xiii. Farm Machinery, Motor Vehicle, Equipment Trailer and Recreation Vehicles Sales and Service; xiv. Lumber and Building Supply Establishment; xv. Contractors Shop; xvi. Machine and Welding shop; Village of Lipton Zoning Bylaw 2024 69 xvii. Greenhouse; xviii. Farmer's Market; xix. Conservation Area; xx. Truck and Car Wash; xxi. Commercial Telecommunication Tower and Facility. 7.4 Site Regulations and Development Standards 7.4.1 Public works and utilities are exempt from these site requirements. 7.4.2 Any subdivision, development, building, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 9 below. Table 9: C1 - Commercial Regulations and Development Standards All Permitted and Discretionary Uses, unless otherwise stated Accessory Building Site Area Minimum 280 m2 (3,014 ft.2) N/A Site Frontage 7.62 m (25 ft.) N/A Front Yard Setback* 6.1 m (20 ft.) 0 m along Main Street 55 m (180 ft.) from centerline of Highway 22 Side Yard Setback 1.52 m (5 ft.) from property line 3.05 m (10 ft.) from local road 0 m along Main Street 1.52 m (5 ft.) Rear yard Setback 6.1 m (20 ft.) 1.52 m (5 ft.) Site Coverage 60 percent Maximum Building Height 12.19 m (40 ft.) 3.66 m (12 ft.) *Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. Village of Lipton Zoning Bylaw 2024 70 8 M1 - Industrial Zoning District 8.1 Purpose 8.1.1 The purpose of this district is to accommodate the development of industrial- commercial businesses that are located in area from incompatible residential land uses. This zone aims to grow Lipton's industrial sector. 8.2 Permitted Uses 8.2.1 The following are permitted uses in the M1 - Industrial Zoning District: i. Industrial Uses; ii. Agribusiness; iii. Manufacturing and Fabrication; iv. Recycling and Collection Depot; v. Service Stations; vi. Grain Elevators; vii. Lumber and Building Supply Establishments; viii. Establishments for the Sale, Storage, Rental, or Servicing of Motor Vehicles, Trailers, Farm Machinery, Equipment and Recreational Vehicles; ix. Machine and Welding Shops; x. Warehouses and Wholesale Establishments; xi. Autobody Shops; xii. Vehicle Sales and Service; xiii. Auto Wrecking Yards; xiv. Contractor Shops; xv. Cold Storage and Locker Plants; xvi. Truck and Freight Terminals; xvii. Storage Facility; xviii. Car Washes; xxii. Storage, Sale and Distribution of Chemicals, Pesticides, Fertilizers and other Similar Materials; and, xix. Public Works. Village of Lipton Zoning Bylaw 2024 71 8.3 Discretionary Uses 8.3.1 The following are discretionary uses in the M1 - Industrial Zoning District and are subject to the completion of the Discretionary Use process: i. Asphalt and Concrete Plant; ii. Feed Mills, and Seed Cleaning Plants; iii. Bulk Fertilizer and Chemical Sales; iv. Bulk Fuel Storage and Sales; v. Stockyards and Auction Marts; vi. Personal Care Home; 8.4 Site Regulations and Development Standards 8.4.1 Public works and utilities are exempt from these site requirements. 8.4.2 Any subdivision, development, building, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 10 below. Table 10: M1 - Industrial Regulations and Development Standards All Permitted and Discretionary Uses, unless otherwise stated Accessory Building Site Area Minimum 929 m2 (10,000 ft.2) N/A Site Frontage 30.48 m (100 ft) N/A Front Yard Setback* 7.62 m (25 ft) 55 m (180 ft) from centerline of Highway 22 Side Yard Setback 3.05 m (10 ft) from property line 1.52 m (5 ft) Rear yard Setback 6.1 m (20 ft) 1.52 m (5 ft) Site Coverage 60 percent Maximum Building Height 12.19 m (40 ft) 3.66 m (12 ft) *Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. Village of Lipton Zoning Bylaw 2024 72 9 CS - Community Service Zoning District 9.1 Purpose 9.1.1 To provide for a wide range of community service-related land uses to enhance the social, cultural, educational and recreational opportunities for residents throughout the Village. 9.2 Permitted Uses 9.2.1 The following are permitted uses in the CS - Community Service District: i. Community Centre or Facility; ii. Municipal Office; iii. Library; iv. Post Office; v. Emergency Service Facility; vi. Cultural Centre; vii. Art Galleries; viii. Museum; ix. Social Club; x. Recreational Use, Sports Field or Facility; xi. Arena and/or Curling Rink; xii. Golf Course; xiii. Swimming Pool; xiv. Art/Music/Yoga Studio and Workshop; xv. Off-leash Dog Park; xvi. Parks and Playground; xvii. School; xviii. Conservation Area; xix. Community Garden; xx. Farmer's Market; xxi. Greenhouse; xxii. Public Works and Utilities; and, xxiii. Other accessory buildings and ancillary uses to the existing principal permitted uses and located on the same site as the principal use including decks, sheds, etc. Village of Lipton Zoning Bylaw 2024 73 9.3 Discretionary Uses 9.3.1 The following are discretionary uses in the CS - Community Service Zoning District and are subject to the completion of the Discretionary Use process: i. Auditorium, Theatre, and Similar Place of Public Assembly; ii. Commercial Telecommunication Tower and Facility; iii. Campground; iv. Cemetery; v. Places of Worship; and, vi. Personal Care Home; 9.4 Site Regulations and Development Standards 9.4.1 Public works and utilities are exempt from these site requirements. 9.4.2 Any subdivision, development, building, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 11 below. Table 11: CS - Community Service Site Regulations and Development Standards All Permitted and Discretionary Uses, unless otherwise stated Accessory Building Site Area Minimum 280 m2 (3,014 ft2) N/A Site Frontage 7.62 m (25 ft) N/A Front Yard Setback* 6.1 m (20 ft) 0 metres along Main Street 55 m (180 ft) from centerline of Highway 22 Side Yard Setback 1.52 m (5 ft) from property line 3.05 m (10 ft) from local road 0 metres along Main Street 1.52 m (5 ft) Rear yard Setback 6.1 m (20 ft) 1.52 m (5 ft) Site Coverage 60 percent Maximum Building Height 12.19 m (40 ft) 3.66 m (12 ft) *Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. Village of Lipton Zoning Bylaw 2024 74 10 UR - Urban Reserve District 10.1 Purpose 10.1.1 To hold agricultural, un-subdivided and/or undeveloped land within the Village for future urban development. Land will be held in this district until it is ready to be developed. 10.2 Permitted Uses 10.2.1 The following are permitted uses in the UH - Urban Reserve Zoning District: i. Field Crops and other similar uses customarily carried out in the practice of general agricultural, including the sale on the site of any produce grown or raised but excluding Intensive Livestock Operation, Feed Lot, Apiary, Hatchery, Mushroom Farm or Cannabis Production or Processing Facility; ii. Market Garden and Green House; iii. Tree and Garden Nursey; iv. Community Garden; v. Park and Playground; vi. Conservation Area; vii. Open Space, Parks, Passive Recreational Area; viii. Outdoor Recreational Uses; ix. Sports Field; x. Campgrounds; xi. Public Works and Utilities; and, xii. Other accessory buildings and ancillary uses to the existing principal permitted uses and located on the same site as the principal use including decks, sheds, etc. 10.3 Discretionary Uses 10.3.1 The following are discretionary uses in the UR - Urban Reserve Zoning District and are subject to the completion of the Discretionary Use process: i. Cemetery; ii. Recreational Vehicle Storage; iii. Excavation and Stockpiling of Aggregate; iv. Veterinary Hospitals and Clinics; and, v. Commercial Telecommunication Tower and Facility. Village of Lipton Zoning Bylaw 2024 75 10.4 Site Regulations and Development Standards 10.4.1 Public works and utilities are exempt from these site requirements. 10.4.2 Any subdivision, development, building, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 10 below. Table 10: UH - Urban Holding Site Regulations and Development Standards All Permitted and Discretionary Uses, unless otherwise stated Accessory Building Site Area Minimum 1.0 hectares (2.44 acres) N/A Site Frontage 40 m (131 ft) N/A Front Yard Setback* 15.24 metres (50 ft) Side Yard Setback 15.24 m (50 ft) from property line 1.52 m (5 ft) Rear yard Setback 15.24 m (50 ft) 1.52 m (5 ft) Site Coverage 60 percent Maximum Building Height 12.19 m (40 ft) 3.66 m (12 ft) *Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 10.5 Rezoning of Land 10.5.1 Proposed rezoning of land from UR - Urban Reserve Zoning District to another land use shall be considered only where the rezoning and proposed development shall constitute orderly and economic development with regard to adjacent land uses, and future service requirements such as roads, schools, and utilities. Village of Lipton Zoning Bylaw 2024 76 Appendix A - Definitions A Abut/Adjoin: to physically touch, border, or share all or part of a common property line. Accessory Building, Structure or Use: a building, structure or use of a site which is secondary to the established principal building, structure or use of the same site. Act: The Planning and Development Act, 2007, as amended Administrator: the Administrator of the Village of Lipton. Alteration or Altered: any structural change or addition made to any building, structure or use or any other item regulated in this Bylaw. Ancillary use: a building, structure or use on a specific site which is related in a subsidiary manner to the principal building, principal structure, or principal use on the same site. Annexation: the formal process through which land in one jurisdiction is transferred to the jurisdiction of another municipality. Applicant: a property owner, property leasee, a developer, professional representative, or person applying for a Development Permit under this Bylaw and/or subdivision approval to an Approving Authority under the Act. Approach/Driveway: a portion of land used for access and egress purposes of motor vehicles located between the roadway of a public street and private property. Approved: approved by the Council of the Village of Lipton. Awning - a canvas or similar flexible material stretched over a frame, plastic, vinyl or lightweight metal shelter projecting from a wall over a window or entrance to a building. B Bare Land Unit: land that is situated within a parcel and described as a unit in a condominium plan. Basement: is the underground portion of a building with not more than one half of its height from finished floor to finished ceiling above the finished grade. Basement Suite: a type of self-contained secondary suite located underground in a single-detached dwelling and shall comply with the same regulations prescribed for secondary suites in this Bylaw. Bed-and-Breakfast: an owner-occupied dwelling unit where short-term accommodations and one meal per day is provided to the travelling public. This dwelling unit must be licensed under The Public Accommodation Regulations, 1997. Beverage Room: an establishment, licensed by the Province of Saskatchewan, in which alcoholic beverages are served for a fee for consumption on the premises and may include a licensed lounge that is ancillary to a restaurant. Food preparation or serving of food may be an accessory use to the drinking establishment but is subject to all applicable provincial regulations. Village of Lipton Zoning Bylaw 2024 77 Billboard: a private, permanent free-standing sign, including supporting structures, which advertises goods, products, services, organizations, or facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Buffer: land, natural features, structure, development or a form of development that physically or visually separates and reduces the impact of incompatible land uses. Buffer Strip: the provision of land as a buffer between adjacent land uses deemed to be incompatible. If, in the opinion of the approving authority, a plan of proposed subdivision requires a buffer strip, the owner of the land shall provide, without compensation, land sufficient for that purpose and label as MB. Building: a structure used or intended to be used for the shelter or accommodation of persons, animals, chattels, or equipment, having a roof which is supported by columns or walls and including tents or other temporary structures. Building Floor Area: means the greatest horizontal area of a building above grade within outside surface of exterior walls or within the outside surface or exterior walls and the centre line of firewalls. Building Height: the vertical distance of a building measured from finished grade level to the highest point of the roof, if a flat roof; to the deck line or a mansard roof; and, to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. Building Official: a person who holds a building official license and is authorized by the Village to administer and enforce bylaw 05-2023, The Building Bylaw. Building Permit: a permit issued by the Local Authority authorizing the erection, placement, construction, alteration, repair, renovation, or reconstruction of all or part of a building or structure but does not include the development permit requirements. Building, Principal: a building which is used for the main or primary use of the site on which said building is situated. Bulk Fuel Sales and Storage: lands, buildings and structures used for the storage and distribution of fuels and oils including retail sales of cardlock operation. Business and Professional Offices: a place where non-retail business operations are conducted for the following purposes: a) Administration and management; b) Sales; c) General businesses; d) Professional services; e) Real estate; f) Insurance office Bylaw: means this Zoning Bylaw. Village of Lipton Zoning Bylaw 2024 78 C Cannabis: means a cannabis plant and anything referred to in (a), (b) and (c) but does not include anything referred to a non-viable seed of a cannabis plant, a mature stalk, without any leaf, flower, seed or branch of such a plant, fibre derived from a stalk or the root or any part of the root of such a plant. a) Any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not. b) Any substance or mixture of substances that contains or has on it any part of such a plant. c) Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. Cannabis Micro-cultivation: a federally licensed small-scale facility for the growing of cannabis plants and harvesting of product from the plants where all plant growth activities are carried out indoors and the facility includes a maximum 200 m² of total canopy space including multiple surfaces. Cannabis Retail Operation/Outlet: a retail business operating from a storefront location authorized by The Cannabis Control Act (Saskatchewan) selling any part of the cannabis plant, processed or unprocessed, including any derivative, concentrate or edible product originating from the cannabis plant. Cannabis Processing: the manufacturing, packaging and labelling of cannabis products destined for direct sale to provincially authorized distributors or wholesalers and for ultimate sale to consumers for recreational or medicinal purposes. Cannabis Production Facility: a federally licensed facility for the growing of cannabis plants and harvesting of product from those plants where all plant growth activities are carried out indoors, excluding processing. Canopy: a non-retractable, permanent roof-like structure constructed of durable material extending from part or all of a building. Carport: an open-sided vehicle shelter that stands alone or by a roof extension forms part of the principal building on the same lot. Cemetery: land which is identified as a place for the interment of the dead or which human bodies have been buried. Club: a group of people organized for a common purpose, to pursue common goals, interests, and activities, and usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws. Commercial Entertainment Establishment: a recreation or amusement facility operated as a business and open to the general public for a fee such as an amusement arcade, bowling alley, theatre, billiard parlour, and bingo hall (where licensed by the Saskatchewan Liquor and Gaming Authority). Village of Lipton Zoning Bylaw 2024 79 Commercial Storage: a self-contained building or group of buildings containing lockers available for rent for the storage or personal goods; or, a facility used exclusively to store bulk goods or a non- hazardous nature. Common Wall: a wall shared by two adjoining building which is located on the property line such as a townhouse or a semi-detached dwelling. Community Centre: a facility owned and operated by the Municipality or a non-profit organization for meetings, recreational activities and similar uses and open to the general public. 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, sale at a farmer's market or farm stand, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members or the group and may include common areas maintained and used by group members. Condominium: means the land included in a condominium plan together with the buildings and units and the common property and common facilities belonging to them, as defined under The Condominium Property Act. Condominium, Bare Land: involves dividing a parcel of land into individually owned "bare land units". Each Bare Land unit is shown on a survey plan. The balance of the parcel around the units is common property. Contractors Shop and Yard: the yard of a contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company and includes facilities for the administration or management of the business and the stockpiling or storage or supplied used in the business. Council: the Council of the Village of Lipton. Coverage: includes the percentage of the lot which is covered by buildings or structures, excluding uncovered swimming pools, terraces, porches and decks, except when the basement walk-out area is covered by the main floor deck. D Day Care Home: a private dwelling unit where care, instruction and supervision are provided for children. Dedicated Lands: lands dedicated in the name of The Village as buffer strips, environmental reserve, municipal reserve, public reserve, municipal utility parcels, roadways and walkways. Demolition Permit: a permit issued for the removal or dismantling of a building or structure within the Village of Lipton's boundaries. Density, Gross: is the number of dwelling units permitted on a site expressed in units per acre or hectare, excluding open space. Village of Lipton Zoning Bylaw 2024 80 Density, Neighbourhood: is the number of dwelling units permitted on a site expressed in units per acre or hectare, including roads and open space. Density, Net: is the number of dwelling units permitted on a site expressed in units per acre or hectare, excluding roads and open space. Development: the carrying out of any building, engineering, mining or other operations, in, on, or over land, or the making of any material change in the use of any building or land. Development Levy Agreement: the legal agreement between a developer and the Municipality which specifies all the obligations and the terms and conditions for the approval of a development pursuant to the Act. Development Appeals Board: a body appointed by Council in compliance with the Act that is responsible for hearing appeals and issuing decisions as authorized by the Act. Development Officer: an employee of the Village appointed by a resolution of Council authorized to act as a Development Officer and to administer this bylaw. Development Permit: a permit, issued by the Council of the Village of Lipton or its designate that authorizes development but does not include a building permit. Digital Signage: is a sign or portion of a sign that displays electronic, non-pictorial, text information that uses computer generated messages involving letters, words, graphics, animation, or videos. These signs include digital displays, using incandescent lamps, LEDs, LCDs, plasma or related technology, whereby the message can be altered by electric or electronic means. Discretionary Use: a use, building or form of development that may be permitted in a zoning district following the submission of an application, public notification and the approval of the Council, and which complies with the development standards within this Bylaw or any condition required by Council Dwelling Unit: a building or part of a building designed exclusively for residential occupancy. Dwelling Unit Group: two or more single detached or semi-detached or multiple unit dwellings located on a single site. Dwelling, Duplex: a building that is divided into two dwelling units with separate entrances and separated by a party wall. Dwelling, Mobile Home: a trailer coach (constructed before 1976) that is designed, constructed or manufactured to provide residential accommodation, may be connected to a water distribution system and a sewage system and can be moved from one place to another. Dwelling, Modular: a residential building manufactured in a production facility and transported to the site for assembly on an approved foundation which complies with the requirements of the National Building Code of Canada. Dwelling, Multiple Unit: a building divided into three or more dwelling units as defined here and shall include, amongst others, town or row houses and apartments as distinct from a rooming house, hotel or motel. Village of Lipton Zoning Bylaw 2024 81 Dwelling, Semi-Detached: two dwelling units side by side in one building unit with a common party wall which separates, without opening the two dwelling units throughout the entire structure. Dwelling, Single Detached: a detached building consisting of one dwelling unit as defined here; and occupied or intended to be occupied as a permanent home or residence, including an RTM when attached to its foundation on the site, but not including a mobile or modular home as defined. Dwelling, Row House: a building with three or more dwelling units side by side with common party walls which separate, without opening, each dwelling unit throughout the entire structure, with each dwelling having frontage onto the front street. Where permitted in the Guidelines, a row house may be subdivided into the separate dwelling units along the party walls. E Easement: the right, as registered to a property title, to cross or otherwise use another person's land, usually for a specified purpose, and as defined in The Public Utilities Easement Act. Educational Institution: an establishment dedicated for the purpose of providing education and instruction in any branch of knowledge. Education Support Facility: a facility which provides instructive learning service such as but not limited to a tutoring centre, excluding schools. Elevation: the height of a point on Earth's surface above sea level. Emergency and Protective Services: a public facility used by fire, police, ambulance, and others as a base of operations. Environmental Reserve (ER): lands that have been dedicated by the municipality, an approving authority, property owner and/or a developer as part of the subdivision process for the protection or an environmental feature. Equipment Sales/Rentals: premises for the rental and service of tools, appliances, recreational craft or vehicles, office machines, furniture, light construction equipment, or similar items, but excluding rental of motor vehicles or industrial equipment. Environmentally Sensitive Lands and Areas: means lands or areas with natural features where precautions, mitigation or constraints are needed to minimize impacts. There include the following: a) A ravine, coulee, swamp, natural drainage course or creek bed; b) Wildlife habitat, environmentally sensitive or significant natural or heritage areas; c) Flood-prone or potentially unstable land; or, d) Land abutting lakes streams or rivers for pollution prevention, bank preservation or development protection from flooding. Existing: in place, or taking place, on the date of the adoption of this Bylaw. F Fabrication Shop: the use of premises for manufacturing, repairing, or storing large items or equipment. Typical uses include welding shops, machining shops, or carpentry shops. Village of Lipton Zoning Bylaw 2024 82 Farmer's Market: a permanent structure or group of farm stands, operated on a seasonal or year- round basis, which allows for agricultural or horticultural producers to retail their products and other agriculture related items, including those produced in a community garden. Financial Services: the use of premises for financial and investment services, including a bank, a trust company, an investment dealer, and a mortgage broker. Flood: a temporary rise in water level that results in the inundation of an area not normally covered by water. Flood Fringe: means the portion of flood plain inundated by the 1:500 year flood that is not floodway. Flood Plain: means the areas inundated by water from a watercourse or water body during a 1:500 year flood and is made up of the floodway and flood fringe. Flood Proofed: a measure or combination of structural and non-structural measures, incorporated into the design of a structure that reduces or eliminates the risk of flood damage to a defined elevation. Floodway: the portion of the flood plain adjoining the channel where the waters in the 1:500 year flood are projected to meet or exceed a depth of one metre or a velocity of one meter per second. Floor Area: see Building Floor Area Front: when referring to a site, a lot or land that shares a common boundary line with a public street. Front Lot Line: the line dividing the lot from the street. For a corner lot, the front lot line shall be the lot line on the same street as the front lot lines of lots on the same block face. For a through lot, the front lot line shall be that street line which interfaces most directly with adjacent land uses. Front Yard: that part of a lot which extends across the full width of a lot between the front lot line and the nearest wall or supporting member of a building or structure. Front Yard Setback: the distance between a front lot line and the nearest wall or part of a building. Frontage (Site 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. Frontage, Irregular Lot: see diagram in Section 3.25 to calculate frontage on irregular lots. Future Land Use Map: the map specifies certain areas for residential growth and others for industrial, commercial, community service and/or conservation used. The Future Land Use Map for the Town of Lipton is attached as Appendix "A" in the Official Community Plan, and may be amended from time to time. G Garage, Private: a building or part of a building or a carport used or intended to be used for the storage of motor vehicles and having a capacity for not more than three motor vehicles for each dwelling unit to which the garage is accessory. Village of Lipton Zoning Bylaw 2024 83 Garage, Public: a building or part of a building other than a private garage used for the storage, care, repair, servicing or equipping of motor vehicles or where vehicles are kept for remuneration, hire, sale or display. Garden Suite: a fully detached movable, dwelling unit which is accessory to a single detached dwelling and is dependent on it for all services, including but not limited to sewer, water, electrical, telephone and cable television connections. The unit most be self-contained and placed in the rear or side yard of the site. Gas Bar: a building or part of a building used for the retail sale of gasoline, lubricants, other motor vehicles products and may include the sale of fast foods, dry goods and groceries as an accessory use. Grade Level: an average elevation of the finished surface of the ground adjacent to the exterior walls of the building or structure. Greenhouse (Public): a building with glass or clear plastic walls/roof used for the cultivation and growing of plants, which includes the retail sale or plants and landscaping supplies to the public. Excludes the growth of cannabis. Greenhouse (Private): a building with glass or clear plastic walls/roof used for the cultivation and growing of plants for personal use only. Gross Floor Area: the total floor area in a principal building or structure measured between the exterior faces of the exterior walls of the building or structure at the level of each story below, at and above grade, excluding attics, balconies, boiler rooms, electrical or mechanical rooms, and basement areas used exclusively for parking or storage. Group Care Facility: a supervised residential dwelling unit, licensed or approved under provincial statute, for the accommodation of persons, excluding staff, referred by hospitals, courts, government agencies or recognized social service agencies or health care professionals. H Hazard Land: 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. Hazardous Substances: a substance that, because of its quality, concentration or physical, chemical or infectious characteristics, either individually or in combination with other substances on the site is an existing or potential threat to the physical environment, to human health or to other living organisms, as defined in The Hazardous Substances and Waste Dangerous Goods Regulations, as amended from time to time. Hazardous Use: a development which may involve or generate excessive noise, odour, dust vibration, offensive emissions, the use of dangerous or toxic materials and wastes including fertilizer and asphalt, air, water, or soil pollution, land use incompatibility, or potential for public safety concerns. Health Facility: a building used to provide health care. This could include hospitals, specialized care centres, clinics, outpatient centres, etc. Village of Lipton Zoning Bylaw 2024 84 Health Services: provision of physical and mental health services on an outpatient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include medical and dental offices, health clinics and counselling services. Heritage Property: any property or site that is of interest for its architectural, historical, cultural, environmental, archaeological, paleontological, aesthetic or scientific value. Heritage resources includes built sites and structures, archaeological sites and objects, paleontological localities and objects, traditional cultural locations and cultural landscapes. Highway: Means a public roadway that carries large volumes of traffic and is identified by a number assigned by the Provincial Ministry of Highways and Infrastructure. Home Based Business: a business, occupation, trade, profession or craft customarily conducted entirely within a residential building or accessory building by the inhabitants of the dwelling, and where the use is clearly ancillary and secondary to the residential use and does not change the character of the dwelling. Hotel: a facility offering transient lodging accommodations on daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities. L Lane: a secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Legal Access: a lot or parcel shall be considered as having legal access for the purposes of development when the lot or parcel is adjacent to a municipally maintained road and meets the frontage requirements of the appropriate zoning district. Licensed Dining Room or Restaurant: a dining room in a hotel or motel, or a restaurant for which a license is required or has been obtained from the Saskatchewan Liquor and Gaming Authority (SLGA), enabling it to sell beer, wine, spirits by the glass to persons of legal age or older. Liquor Vendor: premises operated by a person who is licensed by the Saskatchewan Liquor and Gaming Authority (SLGA) to sell beer, wine, or spirts or consumption off-sale. Local Authority: means the Village of Lipton. Lot: a parcel of land of a subdivision, the plan of which has been filed or registered in the Land Titles Office. Lot Area: the total horizontal area within the lot lines of a lot and as indicated by the Saskatchewan Land Registry. Lot Line: the boundary line of a lot. Lot Line, Front: the boundary that divides the lot from the street, in the case of a corner lot, the front lot line shall mean the boundary separating the narrowest street frontage of the lot. Lot Line, Rear: the boundary at the rear of the lot and opposite the front lot line. Lot Line, Side: a lot boundary other than a front or rear lot line. Village of Lipton Zoning Bylaw 2024 85 Lounge: a building or part of a building which features commercial entertainment including music and dancing by patrons. Food and beverages including alcoholic beverages may be provided to the patrons. M Manufacturing and Welding Shop: a building or portion of a building used for cutting raw materials to convert them into the desired size and shape, which are sold to other manufacturing industries. Manufacturing Establishment: a firm or business engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling or components, parts, the manufacturing of products, and the blending of materials. Market Garden: cultivated land, greenhouse or a combination or both used for the production of vegetables, fruits and flowers which are sold directly to consumers at an off-site location. Mayor: the Mayor of the Village of Lipton. Minister: the member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007. Mobile Home Site: a parcel or piece of land for the placement of a mobile home and for exclusive use of its occupants. Mobile Home Court: any site on which two or more occupied mobile homes are located but does not include an industrial or construction camp or tourist campsite. Modular Home, Single Wide: a modular home that is less than 5 metres (16.40 ft.) in width. Modular Home, Double Wide: a modular home that is greater than 8 metres (26.25 ft.) in width. Modular Unit: a factory built frame or shell which comprises supporting and non-supporting walls, siding, and other components of a prefabricated home representing only a section of a dwelling and has neither chassis, running-gear, nor its own wheels. Motel: means a building or group of buildings on a site designed and operated to provide temporary accommodation and contains separate sleeping units, each of which is provided with an adjoining conveniently located parking stall. 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 Building: a building: a) That is lawfully constructed or lawfully under construction, or with 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 or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw. Village of Lipton Zoning Bylaw 2024 86 Non-Conforming Site: a site, consisting of one or more contiguous parcels, that, on the date this Bylaw or any amendments to this Bylaw becomes effective, contains a use that conforms to this Bylaw, but the site area or site dimensions do not conform to the standards of this Bylaw for that use. Non-Conforming Use: a lawful specific use: a) To be carried out on or intended to be carried out on certain lands or in a building lawfully under construction or with respect to which all required municipal permits have been issued, at the date of this Bylaw or any amendment to this Bylaw affecting the land or building becomes effective; and, b) that on the date this Bylaw or any amendment to this Bylaw becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the Bylaw. Nuisance: means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect: a) The safety, health or welfare or people in the neighbourhood; b) People's use and enjoyment of their property; or, c) The amenity of a nieghbourhood And includes: a) A building in a ruinous or dilapidated state of repair; b) An unoccupied building that is damaged and is an imminent danger to public safety; c) Land that is overgrown with grass and weeds; d) Untidy and unsightly property; e) Junked vehicles; and, f) Open excavations on property. O Occupant: includes a leaseholder, a person residing at a property or a person entitled to the property's possession if there is not a person residing there. Offices and Office buildings: a building or part of a building used primarily for conducting the affairs of a business, profession, service, industrial or government in which no goods or commodities of business or trade are stored, transshipped, sold or processed. Official Community Plan (OCP): refers to the Village's approved OCP document, which contain policies that guide the physical, economic, cultural, social and environmental development of a community. The OCP is a blueprint for future growth and development for the coming years (usually 20-25 years). The OCP is prepared in accordance with the Act. Open Space: passive, structured leisure and recreation areas that enhance the aesthetic quality, protect the natural environmental of the community and provide a gathering place for citizens. Village of Lipton Zoning Bylaw 2024 87 Outdoor Storage: the ancillary use of land for storage of equipment, goods, and materials in the open air. Owner: a person who has any right, title, estate or interest in a property or building other than that of an occupant, tenant or mortgagee. P Parcel: The aggregate of one or more areas of land described in a Certificate of Title or described in a Certificate of Title by reference to a Plan registered in the Land Titles Office. Parking Lot: open space, other than a street, used for temporary parking of more than four automobiles and available for public use, or as accommodation for clients, employees or customers. Parking Space: A space exclusive of a driveway, ramps, or columns but including convenient access to a public lane or street, for the parking of one automobile, which shall be no less than 2.7 metres (9 feet) in width. Permanent Foundation: the lower portion of a building, usually concrete, masonry or an engineered wood basement which renders the structure fixed and immobile. Permit: written authorization issued by the local authority. Permitted Use: the use of land, buildings or other structures that shall be allowed in a specific zoning district where all requirements of this Bylaw are met. Personal Service Establishment: 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. Pipeline Corridor: the area used for and around a pipeline as defined in The Pipelines Act, 1998. Place of Worship: a place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosque, temples, synagogues and parish halls. Portable Signage: a sign mounted on a trailer, stand or similar support structure which can be transported from one location to another location for advertising purposes. Primary Access: the principal means of a vehicle entry to or from a site or building but shall not include a lane. Principal Building, Structure or Use: the main or primary activity for which a site or its buildings are designed, arranged, developed or intended or for which it is occupied or maintained. Public Utility: a system, works, plant, equipment or service, whether owned or operated by or for the Municipality, or by a surrounding municipality, or by a corporation under agreement with the Municipality, or under a federal or provincial statute, which furnishes any of the following services and facilities to the residents of the Municipality: Village of Lipton Zoning Bylaw 2024 88 a) Communication by way of telephone lines, optical cable, microwave and cable television's services; b) Delivery of water, natural gas and electricity; c) Public transportation by bus, rail, or other shared transportation modes (excluding rideshare); d) Collection and disposal of sewage, garbage and other wastes; and, e) Fire, police and other emergency services and facilities Public Works: a facility as defined under The Planning and Development Act, 2007. R Ready to Move (RTM) Dwelling: a new single detached dwelling constructed off site to National Building Code or CSA A277 standards to be moved onto a new permanent residential site building foundation. Registered Plan: a plan registered in the Saskatchewan Land Titles Office. Renovation: the repair and restoration or alteration of a building or a structure including the levelling and strengthening of foundations but does not include replacement of a building or structure. Repair Shop: an establishment engaged in the provision or maintenance or repair of goods or equipment but excluding the areas of automotive, building and specialized trade, construction, major appliance and farm machinery. Residential Care Home: a facility licensed under provincial statute to provide, in a residential dwelling, long term residential, social, physical or personal care, including accommodation, meals, supervision or assistance for persons who have limits on ability for self-care and self-supervision, and who are unrelated to the operator or owner. Restaurant: a building where food and non-alcoholic beverages are offered for public sale to be consumed at tables or counters either inside or outside of the building on the lot. Limited facilities may be permitted to provide for a take-out food function or catering. Retail Store: establishments engaged in selling goods or merchandise to the general public for personal or household use; and rendering services incidental to the sale of goods such as groceries, hardware, dry goods, sporting goods, novelties, jewelry, household appliances, books and magazines. Rooming House: a building which contains a room or rooms for accommodations other than a dwelling unit or other form of accommodation defined elsewhere in this Bylaw, with sleeping facilities without private toilet facilities. S Safe Building Elevation: the elevation that is 0.5 metres above the 1:500-year flood elevation. Salvage Yard (Auto Wrecking): a parcel of land where second-hand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials include scrap iron, structure steel, rags, rubber tires, discarded goods, equipment, appliances or machinery which are stored or sold to the public. Village of Lipton Zoning Bylaw 2024 89 Screening or Screening Device: the use of vegetation, walls, fences and other structures to visually shield, block or obscure one development from another or the public. Secondary Suite: a self-contained dwelling unit that is accessory to, and located within, the principal use of a single detached dwelling. Self-Service Storage Facility: a commercial business that rents or leases storage rooms, lockers, containers, modular storage units and/or outdoor space, for businesses and individuals to store and access their goods. Service Station: a building which is a principal use on a site or a structure which is an accessory use in a clearly defined space on a site; where gasoline or other motor fuels are kept for sale and delivery directly into a motor vehicle, and where the service station is a principal use on the site, it may also include the servicing and repairing of motor vehicles. Servicing Agreement: the legal agreement between a developer and the Municipality which specifies the obligations and terms and conditions for the approval of the subdivision pursuant to Section 172 of The Planning and Development Act, 2007. Setback: the distance between two points where certain types of structures and/or developments cannot occur. Setback, Front Yard: the horizontal distance measured at right angles to front lot line of a parcel, lot, or block of land between the main wall of the building and the main boundary where certain types of structures and/or developments cannot occur. Village of Lipton Zoning Bylaw 2024 90 Setback, Rear Yard: the horizontal distance measured at right angles to back lot line of a parcel, lot, or block of land between the main walls of the building and the main boundary where certain types of structures and/or developments cannot occur. Setback, Side Yard: the horizontal distance measured at right angles to side lot lines of a parcel, lot, or block of land between the main walls of the building and the main boundary where certain types of structures and/or developments cannot occur. Side Lot Line: a lot line other than a front or rear lot line. Side Yard: that part of a lot which extends from a front yard to the rear yard between the side lot line of a lot and the nearest wall or supporting member of a building or structure, except where the supporting member is supporting an uncovered patio or uncovered sundeck. Sight Triangle: the area contained in the triangle formed by two roads or right-of-ways and a third lne at an intersection. Sign: any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure or a piece of land and which 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 or thoroughfare. Sign, A-Board: an A-shaped portable sign that is used for temporary placement and has no external supporting structure. Sign, Awning: a non-illuminated sign painted or affixed to the surface of an awning which does not extend beyond the perimeter of the awning. Sign, Billboard: a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the site on which the sign is located. Village of Lipton Zoning Bylaw 2024 91 Sign, Canopy: a sign attached to, or painted on an awning, canopy or free-standing canopy. Sign, Construction: a temporary sign erected by a person or company on the premises undergoing construction, identifying pending development and information relating to construction process, labour services, materials or financing, name of building, as well as the owner and participants in the development project, but not including the advertisements of any products. Sign, Converted Vehicle and Trailer: a vehicle or trailer not originally designed as a sign, but which has been converted or used for that purpose. Sign, Directional: any sign displaying safety or warning messages, directing traffic or providing parking directions, or giving instructions, directions, or orders to persons making use of premises. Sign, Face: the entire area of a sign on which a copy could be placed. In the case of multi-faced signs, each facial side of the sign shall be included in determining the total sign surface area. Sign, Facial Area: the entire surface area of a sign or in the case of a painted wall sign the smallest geometric figure which describes the area enclosed by the sign face. Sign, Free-Standing: a sign structurally supported by one or more up-rights or braces placed in the ground and not attached to any building. Sign, Identification: a sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or in the institution, or the occupation of the occupant. Sign, Portable: a free-standing sign which is capable of being relocated and which may have lettering that can be changed manually, but does not include vehicles or trailers not originally designed as a sign, but which have been converted or used for that purpose. Sign, Real Estate: a temporary sign that advertises for sale, rent, or lease the land, property or premises on which the sign is displayed. Sign, Temporary: a sign which is not permanently installed or affixed in position, advertising a product or activity on a limited time basis. Signage, Wall: a sign attached to or painted on the wall of a building or structure or its fascia in such a manner that the wall is the supporting structure for or forms the background surface of the sign. Site: an area of land, consisting of one or more lots consolidated under a single certificate of title, considered as a unit devoted to a certain use or occupied by a building, and the customary accessories and open spaces belonging to the same. Site Area: the total horizontal area within the site lines of a site. Special Care Home: a facility licensed pursuant to The Housing and Special-Care Homes Act which provides full-time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes. Storey: means that portion of a building that is situated between the top of any floor and the top of the next floor above it, and if there is no floor above it, that portion between the top of such flood and the ceiling above it. Village of Lipton Zoning Bylaw 2024 92 Street: a public thoroughfare which affords the principal means of access to the abutting property. Structural Alteration: the construction or re-construction of supporting elements of a building or other structure. Structure: Anything that is built, constructed, or erected in, on or over the ground or attached to something located in, on, or over the ground. Subdivision: means the division of land that will result in the creation of a surface parcel, or the rearrangement of the boundaries or limits of a surface parcel. Surveyor Certificate/Real Property Report: a legal document that clearly illustrates permanent above- ground structures and registered easements in relation to property boundaries. This document consists of a plan showing the physical improvements with a written report outlining the details of the property, both signed by a Saskatchewan Land Surveyor. T Telecommunication Facility: a structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding telecommunication towers and those used exclusively for dispatch communications. Telecommunication Tower: a structure used for transmission or reception of radio, television, telecommunications or the transmission of mechanical or electrical energy for industrial, commercial, private or public. Temporary Structure: anything that is built, constructed or erected, located on the ground or attached to something located on the ground but that may be relocated or moved and is not of a permanent nature. Temporary Use: a use established for a fixed period of time with the intent to discontinue the activity upon the expiration of the fixed period. Temporary uses include fairs, special events, investigation of land, and the use of land for storage of materials or equipment or a site office while construction work in in progress. Tourist Campground: a site which provides for the location of tents or trailer coaches used by travelers and tourists for overnight accommodation. Tourist Facility: a building or facility used for the travelling public and which is owned by a municipal corporation, a non-profit organization, or a not-for-profit organization. Tourist Home: a private home or dwelling other than a rooming house, hotel or motel in which rooms are offered for rent to the travelling public for sleeping accommodations. Townhouse: a multiple unit dwelling under one roof in which each unit has its own entrance to the outside and each unit is separated from other units by a common wall which has no openings. Village of Lipton Zoning Bylaw 2024 93 Trailer Coach: 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 to permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Truck or Car Wash: a building or part of a building for cleaning the interior and exterior of personal vehicles and commercial vehicles including construction equipment and large motor vehicles such as trailer trucks (semis), buses, etc. U Use: the purpose or activity for which any land, building or structure in which all or part are arranged, designed or intended or for which these may be occupied or maintained. Units of measure: units of measurement in this Bylaw are metric abbreviated as follows: m - metre(s) m2 - square metre(s) km - kilometres ha - hectare(s) V Variance: a relaxation of the requirements specified in this Bylaw. Vehicle Repair: an establishment engaged in the provision of maintenance and major or minor mechanical repairs in motor vehicles of farm machinery. Vehicle Sales and Service: the premises where motor vehicles may not be repaired, equipped, parked or stored for remuneration, sale, or display, including vehicle washing facilities as an ancillary use, but excluding gas bars, recreation vehicles or heavy equipment sales/rentals. Veterinary Clinic: a place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization but shall not include the keeping of animals in outdoor pens. W Warehouse: a building used for storage and distribution of wholesale goods and materials. Waste Disposal Facility, Liquid: a facility to accommodate any waste which contains animal, mineral, or vegetable matter in solution or suspension, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility, Solid: a facility or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional, and industrial sources which are disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. Village of Lipton Zoning Bylaw 2024 94 Waterbody: any location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to lakes, wetlands and aquifers. Watercourse: a river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any other channel having a bed and side or banks in which water flows either permanently or intermittently. Wetland: a land having the water table at, near, or above the land surface or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by hydric soils, hydrophytes ("water loving") vegetation, and various kinds of biological activity which are adapted to the wet environment. Y Yard: any part of a site unoccupied and unobstructed by any principal building or structure permitted in this bylaw. Yard, Front: the part of a site which extends across the full width of a site between the front property line and the nearest main wall of a building or structure. Yard, Rear: the part of a site which extends across the full width of a site between the rear property line and the nearest main wall of a building or structure. Yard, Side: the part of a site which extends from the front yard to the rear yard between the side property line of a site and the nearest main wall of a building or structure. Z Zone: means a classification type that the Village of Lipton applies to land to establish regulations and standards for the subdivision, use and development of that land. Village of Lipton Zoning Bylaw 2024 95 Zoning Bylaw: the primary legal and administrative means of implementing an OCP. This Bylaw will implement the land-use policies contained in the Village's OCP by prescribing and establishing zoning districts for residential uses, commercial uses, community service and other municipal uses. Regulations within each district will govern the range of uses, site sizes, building locations, off-street parking, landscaping, and so forth. The purpose of a Zoning Bylaw is to manage the use of land for providing regulations for responsible development in conjunction with the health, safety, and general welfare of the residents and business owners in the Village. A Zoning Bylaw permits a Council to set standards for the use and subdivision of land and helps manage the supply of municipal services and resources to new development. Zoning Compliance Letter: a letter to be issued by the Municipality to the recipient for the purpose of either acknowledging or prescribing the zoning regulations that were complied with or violated under the provision of this Zoning Bylaw. Zoning District: an area delineated on a zoning map for which uniform use regulations are specified. Zoning Map: a map which shows the various and number of zoning districts, into which the Village is divided, and shows the status and usage of each district within the Village's boundary.