Zoning Bylaw No. 05/06

Rural Municipality of Lakeview No. 337, Saskatchewan

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1 PART I 1 INTRODUCTION 1.1 Title This bylaw shall be known as the "Zoning Bylaw 05/06" of the Rural Municipality of Lakeview No. 337. 1.2 Scope All development within the limits of the municipality shall be in conformity with the provisions of this bylaw. 1.3 Severability If any part of this bylaw, including anything shown on the zoning district map, is declared to be invalid for any reason, by an authority of competent jurisdiction, that decision shall not affect the validity of the bylaw as a whole, or any other part, section or provision of this bylaw. This bylaw effects all lands in the Rural Municipality of Lakeview No. 337. 2 ADMINISTRATION 2.1 Development Officer The Rural Municipal Administrator shall be the Development Officer responsible for the administration of this bylaw. 2.2 Application for a Development Permit (1) Every person shall obtain a development permit before commencing any development within the municipality, except as listed in Section 2.3. (2) The application shall be in the "Form A" as adopted or amended by resolution of council. (3) The application shall have attached a layout or site plan as required in the application form or by the Development Officer, together with any other information needed to assess the application. 2.3 Development Not Requiring a Permit (1) Developments permits are not required for the following only: (a) Accessory Farm Buildings and Structures: Farm buildings and structures, (but excluding any I.L.O. structure, or new dwelling), where accessory to a permitted agricultural use or existing farmstead. (b) Public Utilities: Any operation for the purposes of inspecting, repairing, or renewing sewers, mains, cables, pipes, wires, tracks or similar public works as required by a public utility, and the installation of service connections to property in the municipality; 2 (a permit is required for the installation of new transmission lines). (c) Municipal Facilities: Any facility installed and operated by the Municipality. (d) Signs: Subject to the provisions of Section 3.5. (2) Development listed in clause (1) must be allowed in the district in which they are located and must comply with the regulations of this bylaw. 2.4 Referrals to Council The Development Officer may submit any application to Council for a decision on the interpretation of the bylaw, or upon special conditions provided for in the bylaw, and shall inform the applicant of the date and time when council will consider the matter. Council or the Development Officer may require the applicant to provide such further information as they require to make a decision. 2.5 Issue of Permits (1) Upon completion of the review of an application for development, the Development Officer shall: (a) issue a development permit for a permitted use, where the application conforms to this bylaw, incorporating any special regulations, performance standards or development standards authorized by this bylaw or; (b) issue a refusal, where the application does not comply with a provision or regulation of this bylaw, stating the reason for refusal. (c) submit the application to Council for decision, where the application is for a discretionary use. (2) Council shall make a decision on a discretionary use, by resolution that instructs the development officer to: (a) issue a development permit incorporating any specific development standards set forth by Council, subject to the limitations of the Act and in accordance with the provisions of this bylaw; or (b) issue a notice of refusal to the applicant, stating the reasons for the refusal. (3) The permit or notice shall be in "Form B" as adopted or amended by resolution of council. 2.6 Building Permits, Licences, and Compliance with Other Bylaws (1) Nothing in this bylaw shall exempt any person from complying with a building bylaw, or any other bylaw in force within the municipality, or from obtaining any permission required by this, or any other bylaw of the municipality, the province or the federal government. (2) A building permit, where required, shall not be issued for a development unless a required development permit has been issued. 2.7 Development Appeals Board (1) Council shall appoint a Development Appeals Board in accordance with Sections 49 and 214 to 227 of the Act. (2) On "Form B", a development permit or notice of refusal, the development officer shall advise the applicant of the rights of appeal granted by the Act. (3) A person who wishes to appeal to the board shall, within 30 days receiving the permit or notice, file a written notice of intention to appeal, and the appeal fee, with the secretary of 3 the board. 2.8 Fees and Advertising (1) Amendment of the Zoning Bylaw - Where a person requests Council to amend the zoning bylaw that person shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment. (2) Advertisement of a discretionary use application. (a) The Development Officer shall direct the applicant for a discretionary use to advertise the proposed use by posting a notice of the application at the entrance to the property in question and by mailing a copy of the notice to the assessed owner of each abutting property for the following: (i) any discretionary residence or any ancillary use to a farmstead or residence. (ii) a commercial use in a hamlet district (b) In addition to the posting and mailing of the notice specified in clause a) the Development Officer shall publish a notice in a newspaper having circulation in the municipality of an application for any discretionary use other than a use specified in clause a). (c) The notice shall, describe the use applied for, describe the location of the use, and specify the date, time, and location of the council meeting at which the application will be considered. (d) The notice shall be posted, mailed, and published at least two weeks prior to the date of the meeting. (e) The applicant shall pay to the municipality a fee equal to the costs to the municipality associated with the public advertisement. (3) Application fees. - an applicant for a development permit shall pay an application fee in accordance with the following: (a) Permitted principal use $25.00 (b) Permitted accessory use $25.00 (c) Ancillary use $25.00 (d) Discretionary principal use $25.00 (e) Discretionary accessory use $25.00 (f) Development Appeal Fee - up to $50.00 as specified by the board. These fees shall be in addition to any fee required by clauses (1) and (2) above. 2.9 Offences, Penalties and Stop Work Orders Any person who violates this bylaw is guilty of an offence and liable, on summary conviction, to the penalties set forth in Section 243 of the Act. Pursuant to Section 242 of the Act the Development Officer may undertake enforcement of the bylaw including the issuance of a stop work order for development which is in contravention with this Zoning Bylaw. 3 SECTION 3 - GENERAL REGULATIONS The following regulations shall apply to all Zoning Districts in this bylaw: 4 3.1 Development on Hazard Lands (1) Where a proposed development of a building is located within 150 metres (492 ft.) of an area defined in the Official Community Plan as potential hazard land council may require the applicant to submit sufficient topographic information to determine if the development will be within 50 metres (164 ft.) of any slopes that may be unstable, or within any river or stream flood plain, or other land that may be subject to flooding. (2) Council may require that before a permit may be issued, the applicant shall submit a report prepared by a professional competent to assess the suitability of the site for a development described in clause (1), and which in the opinion of council, shows that the proposed site and development is suitable with respect to the following where relevant: - the potential for flooding up to a 1 in 500 flood elevation, or where not involving any habitable building, such lower elevation as may be suitable for the proposed use or building, - the potential for slope instability, - the required mitigation measures for construction on areas of high water tables if any. (3) Identified actions for hazard avoidance, prevention, mitigation or remedy may be incorporated as conditions to issuance of a development permit. Council shall refuse a permit for any development for which, in council's opinion, the proposed actions are inadequate to address the adverse affects, or will result in excessive municipal costs. 3.2 One Principal Building or Use Permitted on a Site Not more than one principal building or use shall be permitted on any one site except for: (a) Public utility uses; (b) Institutional uses; (c) Agricultural uses; (d) Ancillary uses as specifically provided for in this bylaw. 3.3 Mobile Homes (1) Wherever a dwelling is allowed, it may be in the form of a mobile home, or modular home. (2) Every mobile home shall bear CSA Z240 certification (or a replacement thereof) and shall be attached to a permanent foundation, or securely anchored to the ground and skirted, prior to occupancy. (3) Every modular home shall bear CSA A277 certification (or a replacement thereof) ) and shall be attached to a permanent foundation. 3.4 Non-conforming Uses The provisions of The Act, Sections 88 and 93 inclusive, apply to all non-conforming buildings and uses. 3.5 Signs and Billboards (1) Signs Located in Highway Sign Corridor (a) Signs located in a highway sign corridor shall be regulated entirely by the requirements of "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986" or 5 amendments thereto, and subsection 2 shall not apply. (2) Signs Other Than in a Highway Sign Corridor (a) All signs situated along a highway are required to comply with "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986" as may be amended from time to time. (b) Any sign located in other than a highway sign corridor, may only advertise agricultural commercial uses, home based businesses, the principal use of a site, or the principal products offered for sale on a premises. (c) A maximum of 2 advertising signs is permitted on any site, or quarter section. (d) Government signs, memorial signs, and directional signs that bear no advertising, including traffic control, no trespassing, hunting restriction and similar signs, are exempt from restriction. (e) Temporary signs and real estate signs are permitted only as long as the temporary condition exists for the property. (f) Billboard and other off site advertising signs are prohibited, except in a highway sign corridor. (g) All private signs shall be located so that no part of the sign is over a public right of way. (h) The maximum facial area of a sign shall be as specified in the district in which it is located. 3.6 Storage of Vehicles (1) Notwithstanding anything contained in this bylaw, no person shall use any site in any district, for the parking or storage outside of an enclosed building of more than 4 vehicles that are not in running order. (2) This Section shall not apply to permitted machinery or automotive salvage yards. (3) Council may require that such vehicles be screened from roadways or neighbouring properties by landscape features or fences or a combination thereof. 3.7 Public Utilities, Pipelines, and Facilities of the Municipality (1) Public utilities and facilities of the Municipality, except solid and liquid waste disposal sites, shall be permitted uses in every zoning district, and unless otherwise specified by this bylaw, no minimum site area or yard requirements shall apply. (2) Where a pipeline, or other utility or transportation facility, will cross a municipal road, Council may apply such special design standards as it considers necessary to protect the municipal interest in the existing and future improvements to the road. 3.8 Solid and Liquid Waste Disposal Facilities Development and maintenance of a solid or liquid waste disposal facility will be subject to the following special standards as may be specified by Council on issuing a permit: (1) A buffer strip containing trees, shrubs or a berm shall be located surrounding a lagoon or sanitary landfill disposal area. (2) Any solid or liquid waste disposal facility shall be fenced. 3.9 Disposal Of Manure (1) As a condition of approval for a development involving the disposal of manure, council 6 may: (a) specify land which may, or may not, be used for the disposal of manure from an intensive livestock operation by spreading of manure, in order to minimize potential land use conflicts such as residences, planned residential development, recreational areas, tourist sites etc; and (b) require manure to be incorporated into the soil within 24 hours of spreading, unless such incorporation is prevented by adverse weather conditions, in which case incorporation shall take place as soon as practical thereafter or by any other normal acceptable agricultural practice that council may approve. 3.10 Home Based Businesses Home based businesses shall be subject to the following conditions: (1) The use is clearly ancillary to the use of a farmstead as an agricultural operation or the dwelling unit as a private residence. (2) No variation in the residential or residential farm character and appearance of the dwelling, ancillary residential building, or land shall be permitted, except for permitted signs. (3) All permits issued for home based business shall be subject to the condition that the permit may be revoked at any time if, in the opinion of the Council, the conditions under which the permit was originally issued are no longer met. 3.11 Bed-and-breakfast and Vacation Farms Vacation farms and bed-and-breakfast homes shall be subject to the following requirements: (1) Vacation farms shall be ancillary to an agricultural farm operation and located on the same site as a farmstead, and may include bed and breakfast, cabins, and overnight camping areas. (2) Council may specify the maximum number of cabins permitted as part of a vacation farm operation. (3) On site signs shall be permitted in accordance with Section 3.5. Off site signs not exceeding 0.5 square metres (5 ft 2) may be permitted at the discretion of council where necessary to provide directions from a highway to the operation. (4) Vacation farms and bed-and-breakfast operations shall be licensed pursuant to the Public Health Act, where tourist accommodations require health approval. (5) Bed-and-breakfast operations shall be located in a single detached dwelling used as the operator's principal residence developed as a farmstead or residence; or located in a dwelling accessory to and established on the same site as the host principal residence. 3.12 Campgrounds (1) The operator of a campground shall provide the development officer with a plan of the campground, identifying any buildings, uses of land and the location of all roadways and trailer coach or tent campsites with dimensions. The addition or rearrangement of campsites, the construction or moving of buildings, the material change in use of portions of land, or the filling or clearing of land shall require a development permit, and the operator shall submit for approval an amended plan incorporating the development. (2) A campground shall have within its boundaries a buffer area abutting the boundary of not less than 4.5 metres, which shall contain no buildings. (3) No portion of any campsite shall be located within a roadway or required buffer area. 7 (4) Each campsite shall have direct and convenient access to a developed roadway, which is not located in any required buffer area. (5) Each trailer coach shall be located at least 4.5 metres from any other trailer coach, and each campsite shall have dimensions sufficient to allow such location of trailer coaches. (6) The space provided for roadways within a campground shall be at least 7.5 metres in width. No portion of any campsite, other use or structure shall be located in any roadway. (7) A campground may include as ancillary uses a laundromat or a confectionery designed to meet the needs of the occupants of the campsites, and one single detached dwelling for the accommodation of the operator. (8) The Public Health Act, and the Regulations passed there under, shall be complied with in respect to all operations and development of the campground. 4 ZONING DISTRICTS 4.1 Districts For the purpose of applying this bylaw, the municipality is divided into zoning districts. All parts of the Municipality shall be designated as A - Agricultural District except those areas specifically designated on the detailed Zoning District Maps as another district. 4.2 Boundaries The boundaries of all zoning districts except the A - Agricultural District are shown on the maps entitled, "Zoning District Map" which are attached to, and forms a part of this bylaw. Unless otherwise shown on the map, the boundaries of the said districts are site lines, centre lines of streets, lanes, roads or such lines extended and the boundaries of the municipality. 4.3 Regulations Regulations for the zoning districts are outlined in the following sections. 5 A - AGRICULTURAL DISTRICT 5.1 PERMITTED USES The following uses are permitted in this district: (1) Agricultural Principal Uses (a) Field crops. (b) Pastures for the raising of livestock (excluding I.L.O.s). (c) Farmsteads, where located on a site of one quarter section or more. (2) Accessory uses and buildings, to agricultural or residential principal uses: (a) Farm buildings and structures for a permitted principal agricultural use on the site. (b) Facilities for the sale direct to the consumer of crops grown by the agricultural operation. (c) Orchards and vegetable, horticultural or fruit gardens, where accessory to a farmstead or existing residence. (d) Private garages, sheds, and buildings accessory to any single detached dwelling on the site. (3) Ancillary uses permitted where ancillary to an agricultural principal use on the same site. 8 (a) Beehives and honey extraction facilities. (b) Facilities for the preparation for sale of crops grown by the agricultural operation. (c) Fish farming. (d) Manure disposal for an ILO subject to Section 3.9. (4) Resource based uses - including accessory buildings and uses: (a) Petroleum exploration or extraction wells and related facilities. (b) Petroleum pipelines and related facilities. (c) Mineral mines or extraction facilities. (5) Other principal uses, including accessory uses and buildings, but not including a residence: (a) Places of worship, cemeteries, and non-residential schools. (b) Radio, television and microwave towers. (c) Public parks and public recreational facilities. (d) Historical and archaeological sites, and wildlife and conservation management areas. (e) Public utilities, excluding solid and liquid waste disposal sites. (f) Municipal facilities. 5.2 DISCRETIONARY USES: The following uses are discretionary in this district: (1) Agricultural discretionary principal uses: (a) Intensive livestock operations, subject to Section 5.4.1. (b) Intensive agricultural operations (c) Rendering facilities and abattoirs (2) Residential discretionary uses: (a) Any residence or farmstead on a site of less than a quarter section. (b) Residences ancillary or accessory to a discretionary use. (3) Ancillary discretionary uses: (a) Vacation farms, where ancillary to a farmstead on the same site. (b) Bed-and-breakfast homes, where ancillary to a farmstead or residence on the same site. (c) Home based businesses, where ancillary to a farmstead or residence on the same site, including personal care homes. (d) Agricultural related commercial uses ancillary to a farmstead on the same site. (e) Kennels (4) Commercial Principal Uses: (a) Agricultural product processing. (b) Agricultural equipment, fuel, and chemical supply establishments. (c) Agricultural service and contracting establishments. (d) Grain elevators and related uses. (e) Gravel pits and gravel crushing operations. (f) Machine shops and metal fabricators. (g) Machinery or automotive salvage or storage yards. (h) Petroleum or mineral processing facilities. (i) Recreational commercial uses - which are sports arenas, golf courses, tourist campgrounds, or other similar uses. (j) Service stations and accessory restaurants. (k) Oilseeds crushing plant, processing, storage facilities and related uses. (l) Facilities for the production and processing of Biofuels (5) Other Principal Uses: (a) Church residences and residential religious institutions. 9 (b) Residential Schools. (c) Institutional Camps. (d) Airports and private airstrips. (e) Solid and liquid waste disposal facilities, including soil farms for the rehabilitation of contaminated soils. 5.3 REGULATIONS 5.3.1 5.3.1 Subdivision: The subdivision of any land within the Agricultural District is subject to the policies contained in the Official Community Plan, Sections 3.3 (agricultural), 4.3 and 4.4 (residential) and 5.3 (commercial). 5.3.2 Site Requirements for Principal Uses: (1) Density A quarter section, or portion thereof located within this district, may contain: (a) a maximum of 3 sites for any of agricultural, residential or commercial principal uses, (b) one additional site for agricultural, residential or commercial principal use where the site to be added is physically separated from the remainder of the section by a registered road plan or by a railway on registered right of way, and the site has direct access to a developed road. (c) Sites for resource based uses listed in Section 5.1 (4), and (d) Sites for other uses listed in Sections 5.1 (5), and 5.2 (5). (Institutional and service type uses). (2) The minimum site frontage shall be 20 metres. (3) No site shall be less than 2 hectares (5 acres). (4) Exemptions from minimum frontage and area requirements: (a) Sites for resource based uses listed in Section 5.1 (4), and (b) Sites for other uses listed in Sections 5.1 (5), and 5.2 (5). (Institutional and service type uses). 5.3.3 Access: (1) Development of a farmstead, residence, commercial use, institutional use, or other development requiring public access is prohibited unless the site abuts a developed road. (2) For the purposes of this section "developed road" shall mean an existing paved or graded all-weather road on a registered right of way, or a road for which arrangements have been made with council to provide for the construction of the road on a registered right of way to a standard approved by council. (3) A site to be created by subdivision shall not be permitted unless, where required for the proposed use, the proposed parcels and the remainder of the parcel being subdivided abuts, or has frontage on a registered developed road, including any road to be developed under a signed servicing agreement. 10 5.3.4 Farmsteads (1) A farmstead may contain the following where located on the same parcel: (a) A residence for the operator of an agricultural use. (b) A bunkhouse or additional residence for employees and partners of the operator engaged in the agricultural operation. (c) Facilities for the temporary holding of livestock raised in an operation, in lesser numbers than constitutes an I.L.O. (unless approved as an I.L.O.). (d) Buildings for permitted accessory and ancillary uses. 5.3.5 Building Setback Requirements: (1) The minimum setback of buildings, including dwellings, from the centreline of a developed road, municipal road allowance, or provincial highway shall be 45 metres (148 ft). (2) No dwelling shall be located with less than a minimum separation distance to an operation of other than the residence of the operation as follows: (a) the separation distance to an intensive livestock operation as regulated in Section 5.4.1. (b) 305 metres (1000 ft) from a licensed public or private liquid waste disposal facility or 457 m (1500 ft.) from a licensed public or private solid waste disposal facility. (c) 305 metres (1000 ft) from a honey processing facility. (d) council may accept a lesser minimum separation distance to the above operations than required by clauses (a), (b), and (c), as a special standard in the issuing of a development permit, where the applicant submits a written agreement to Council between the land owner of the dwelling and the owner of the operation relating to such lesser distance. Council will maintain a register of all such agreements. (e) 305 metres (1000 ft) to a non-refrigerated anhydrous ammonia facility licensed by Province of Saskatchewan. (f) 600 metres (1970 feet) to a refrigerated anhydrous ammonia facility licensed by the Province of Saskatchewan. (3) No dwelling or other building shall be located within the approach surface for any functional airport or airstrip. 5.4 SPECIFIC DEVELOPMENT STANDARDS FOR DISCRETIONARY USES: 5.4.1 Intensive livestock operations: In order to manage the development of intensive livestock operations and surrounding land use interests, council will consider applications for development of an intensive livestock operation (ILO) and apply the following criteria: (1) Location Separation Criteria In order to ensure ILO development occurs in acceptable locations, new ILO development proposed subsequent to the date of the adoption of this bylaw or a proposed expansion of an existing ILO (existing at the date of adoption of this bylaw) shall comply with the location separation criteria in Table 3.1, below: 11 Table 3.1 Location Separation Criteria for I.L.O. to Specific Uses (in metres) Animal Units Specific Use 30-100 100-299 300-499 500-2000 2000-5000 >5000 Residence, tourist 300 300 400 800 1200 1600 accommodation, or (450) (450) (600) (1200) (1600) (2000) campground __________________________________________________________________________________________________ Area authorized for 400 400 800 1200 1600 2000 residential use, hamlet, (600) (600) (1200) (1600) (2000) (2400) urban municipality < 100 population __________________________________________________________________________________________________ Urban Municipality 800 800 1200 1600 2400 2400 100-500 population (1200) (1200) (1600) (2000) (2400) (2400) __________________________________________________________________________________________________ Urban Municipality 1200 1200 1600 2400 3200 3200 501-5000 population (1600) (1600) (2000) (2400) (3200) (3200) __________________________________________________________________________________________________ Urban Municipality 1600 1600 2400 3200 3200 3200 >5000 (2000) (2000) (2400) (3200) (3200) (3200)  Distances are measured between livestock facilities and building development.  Numbers in brackets apply where open liquid manure storage facilities are used or proposed.  Distances do not apply to residences associated with the operation. (2) Location Separation Criteria Reduction Council, at its discretion, may consider lesser separation distances than given in Table 3.1, subject to the following: a) Development Considerations Where council considers that a lesser separation distance than described, in Table 3.1, will not negatively impact the specific use or surrounding development, council may grant a reduction of the location separation criteria. Prior to granting a reduction, council may consult with the appropriate agencies. b) Consultation within Prescribed Distances The developer shall provide written notice that has been approved for notification by council to the owner of a residence within the distance provided in Table 3.1, and to the hamlet board of a hamlet or council of urban municipality within the specified distance. c) Agreement and Caveats Where the separation distances is significantly, in Council's opinion, less than the criteria of Table 3.1, council may require the developer of a proposed ILO to enter into an agreement with the owner of a residence and the municipality consenting to the proposed development up to a specified size, as a condition of approval. The agreement shall include the identification of land used for manure spreading and council may require that a caveat, to protect the interests of the parties to the agreement, be registered against the residence, ILO, and land spread sites. 12 (3) Public Consultation a) Council will advertise any proposal for an intensive livestock operation, as defined by this bylaw, and will provide an opportunity for public comment for a minimum of 21 days. b) Council may hold a public meeting to provide information and to ensure community interests are considered before a decision is issued by the council. c) Council will make a decision on a proposed livestock operation within 45 days. If an extension is required, council will notify the developer in writing, including reasons for the extension, and the length of the extension. (4) Additional Information Requirements Council may require the proponent to obtain recommendations from appropriate agencies regarding water supply quality and quantity considerations, manure management plans, and other issues that council may require the proponent to address, for the purpose of ensuring public health and safety. (5) Operational/Environmental Considerations The Agricultural Operations Act and other provincial legislation may apply to the development of an ILO. When considering the operational/environmental aspects of a proposed project, council may refer a development permit application to the appropriate agencies for advice and recommendations. a) Water Supply and Protection As a condition of approval, council may: i) require the project to undertake appropriate measures to minimize the risk of pollution of water sources. ii) require the applicant to demonstrate an adequate water supply is available for the development and that the supply for neighbouring developments will not be adversely affected by the proposed operation. b) Manure Spreading and Incorporation As a condition of approval, council may: i) specify land which may, or may not, be used for the disposal of manure from an intensive livestock operation by spreading of manure, in order to minimize potential land use conflicts such as residences, planned residential development, recreational areas, tourist sites etc; and ii) require manure to be incorporated into the soil within 24 hours of spreading, unless such incorporation is prevented by adverse weather conditions, in which case incorporation shall take place as soon as practical thereafter or by any other normal acceptable agricultural practice that council may approve. (6) Permit Conditions As a condition of approval, council shall specify the maximum number of animal units for which the approval is made, and may impose development standards to reduce the potential for conflict with neighbouring uses which specify the location of holding areas, buildings or manure storage facilities on the site. 13 (7) Development Permits Required Development permits are required for any proposed: a) new ILO; b) expansion of an existing ILO; c) any temporary facility or part of a site; or, d) alteration of animal species in the operation, if it meets the definition of an ILO, as defined within this bylaw. 5.4.2 Intensive agricultural operations: (1) In the application for an intensive agricultural operation the applicant shall identify the proposed supply of water for the operation where intensive irrigation is required, which supply shall be sufficient to meet the needs of that operation without detrimental effects on the supply or ground water used by neighbouring properties. (2) The operation may include a farmstead or dwelling on the same site, subject to Section 5.3.2. 5.4.3 Keeping of Animals on residential sites other than farmsteads. (1) Two (2) large animals (horses or cattle) will be permitted on a site of at least 2 hectares (5 acres). Four (4) large animals will be permitted on a site of at least 4 hectares (10 acres) site. For each additional 1.2 hectares (3 acres), one (1) additional large animal will be permitted. All other animals shall be limited to domestic pets of the residents of the site, but in no case shall the numbers exceed that equal to one animal unit. (2) Animals shall not be pastured within 15 metres (50 ft) of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain birds or animals shall be located within 30 metres (100 feet) of a property line. 5.4.4 Commercial uses: (a) Council may require special standards for the location, set back, or screening of any area devoted to the outdoor storage of machinery, vehicles, or vehicular parts in conjunction with a commercial operation including any salvage or vehicle storage yard. (b) As a condition of approval for a discretionary use listed in 5.2.4 council shall require the applicant to meet all provincial regulations and requirements. SECTION 6: R - RESIDENTIAL DISTRICT 6.1 PERMITTED USES The following uses are permitted in this district: (1) Residential: (a) Single detached dwelling. (b) Mobile home on a permanent foundation. (2) Public utilities, except solid and liquid waste disposal facilities. (3) Uses and buildings accessory to residential principal use on the site: (a) Private garages, whether detached or attached to a dwelling unit. (b) Garden sheds used for the storage of non-industrial yard maintenance equipment. 14 (c) Greenhouses where accessory to a residential use. (d) Keeping of animals on the same site as the residence, subject to Section 6.3.6. (e) Barns and stables for animals permitted by Section 6.3.6. (f) Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence. (g) Field crops. 6.2 DISCRETIONARY USES: The following uses are discretionary in this district: (1) Institutional uses: (a) Non-residential schools and educational institutions. (b) Places of worship, and religious institutions. (2) Commercial uses: (a) Convenience stores with or without gas bars. (3) Recreational uses: (a) Public sports fields and parks. (b) Golf courses. (c) Rinks, arenas, and community halls. (d) Other public or non-profit recreational facilities. (4) Solid and liquid waste disposal facilities. (5) The following ancillary uses: (a) Bed-and-breakfast homes, where ancillary to a residence on the same site. (b) Home based businesses, where ancillary to a residence on the same site, including personal care homes. (c) Dwellings ancillary to an institutional, recreational or commercial use. (6) Accessory uses and buildings, which form part of an approved discretionary use, are permitted. 6.3 REGULATIONS 6.3.1 Site Area Requirements: (1) Residential: .................................. Minimum - 0.8 hectare (2 acres). Maximum - 16 hectares (40 acres). (2) Institutional & commercial:......... Minimum - 900 square metres (9,688 square feet). (3) All other uses: .............................. Minimum - none. 6.3.2 Site Frontage Requirements: (1) Residential: .................................. Minimum - 30 metres (100 feet). (2) Institutional & commercial:......... Minimum - 30 metres (100 feet). (3) All other uses: .............................. Minimum - none. 6.3.3 Yard Requirements: (1) In any yard abutting a municipal road allowance, municipal grid road, main farm access road, or provincial highway all buildings shall be set back at least 45 metres (148 ft) from the centreline of the road or road allowance. (2) A yard abutting any other road .... Minimum - 7.6 metres (25 feet) (3) Any other yard ............................. Minimum - 3 metres (10 feet) 15 (4) The yard requirements shall not apply to any public utility, municipal facility, or public recreational use. 6.3.4 Floor Area: (1) Detached accessory buildings: .... Maximum - 100 m2 (1,076 ft2) 6.3.5 Outside Storage: (1) No outside storage shall be permitted in a yard abutting a road. (2) Outside storage located in a side or rear yard shall be screened by landscaping or vegetation so as not to be visible from a road. 6.3.6 Keeping of animals (1) Two (2) large animals (horses or cattle) will be permitted on a site of at least 2 hectares (5 acres). Four (4) large animals will be permitted on a site of at least 4 hectares (10 acres) site. For each additional 1.2 hectares (3 acres), one (1) additional large animal will be permitted. All other animals shall be limited to domestic pets of the residents of the site, but in no case shall the numbers exceed that equal to one animal unit. (2) Animals shall not be pastured within 15 metres (50 feet) of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain birds or animals shall be located within 30 metres (100 feet) of a property line. (3) The use of vacant residential sites for pasture of animals is prohibited. 6.4 SPECIFIC DEVELOPMENT STANDARDS FOR DISCRETIONARY USES: 6.4.1 Solid and Liquid Waste Disposal Facilities: (1) Development and maintenance of a solid or liquid waste disposal facility shall be subject to Section 3.8. 6.4.2 Home based businesses: (1) shall comply with Section 3.10 (2) no home based business in this district shall include auto body repair or repainting operations. (3) no heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. (4) council may apply special standards in the issuing a development permit limiting the size of operation, and buildings used for the operation. Non resident employees are not permitted in this district. Any increase in the operation as applied for or approved shall require a new discretionary approval. 6.4.3 Bed-and-breakfast homes: (1) shall comply with Section 3.11 (2) council may apply special standards in the issuing a development permit limiting the number of rooms or buildings that may be permitted in conjunction with the operation. 16 7 SECTION 7: C - COMMERCIAL DISTRICT 7.1 PERMITTED USES 7.1.1 Commercial uses: a) agricultural equipment dealers and service establishments; b) agricultural seed, fuel, and chemical supply establishments; c) agricultural service and contracting establishments d) commercial nurseries and greenhouses, with or without retail sales; e) confectioneries with or without gas bars; f) construction trades without outdoor storage; g) motor vehicle dealers and service establishments; h) marine or recreational vehicle equipment dealers and service establishments; i) motels and hotels j) personal service shops; k) restaurants, and other places for the sale and consumption of food and related items; l) retail stores; and m) veterinary clinics and hospitals. 7.1.2 Residential: a) one dwelling unit for the operator of a commercial use where ancillary to that use and located on the same site. 7.1.3 Uses and buildings customarily accessory and subordinate to the principal use on the site, not including residences. 7.2 Discretionary Uses 7.2.1 Commercial Uses: a) Abattoirs, hide defleshing and tanning facilities, and stockyards; b) agricultural implement and prefabricated building component, manufacturing; c) agricultural product processing; d) auction marts; e) campgrounds; f) outdoor storage yards for construction materials and excavative industries; g) storage facilities, warehousing, supply and distribution facilities; h) welding, machine shops, and metal fabricating; i) salvage yards, auto and machinery wreckers; and j) wood and natural products processing and fabrication. 7.2.2 Recreational uses: a) commercial recreation facilities 7.2.3 Solid and liquid waste disposal facilities. 17 7.3 Regulations 7.3.1 Site area requirements: a) there is no minimum site area for public utilities and municipal facilities; and b) the minimum site area of all other uses shall be 1,000 m2 (10,764 ft2). 7.3.2 Site frontage requirements: a) there is no minimum site area for public utilities and municipal facilities; and b) the minimum site frontage of all other uses is 30 m (100 ft). 7.3.3 Yard requirements: a) in any yard abutting a municipal road allowance, municipal grid road, main farm access road, or provincial highway, all buildings shall be set back at least 45 m (148 ft) from the centreline of the road or road allowance; b) a yard abutting any other road shall be set back a minimum of 7.6 m (25 ft) (including a highway frontage road); c) there is no minimum set back requirement for a yard abutting a railway; d) any other yard shall be set back a minimum of 3 m (10 ft); and e) the yard requirements shall not apply to any public utility or municipal facility. 7.3.4 Floor area: a) for all uses except public utilities, the maximum floor area shall be 30% 7.3.5 Outside storage: a) outside storage is prohibited in a required yard abutting a road, except for the display of vehicles or machinery in operating condition which are for sale, which shall be neatly arranged ; and b) outside storage located in a side or rear yard shall be suitably screened to the satisfaction of council. 7.4 Specific Development Standards for discretionary Uses 7.4.1 Separation Distances a) All discretionary commercial uses shall be separated from a residence not occupied by the operator of the use, or a hotel motel or restaurant, by a distance of at least 300 m (985 ft) unless the applicant can establish to the satisfaction of council that the use will not emit noxious odours, dust, smoke, sound or radio interference. 7.4.2 Solid and Liquid Waste Disposal Facilities a) Development and maintenance of a solid or liquid waste facility shall be subject to Section 3.8 7.4.3 Salvage Yards, Auto and Machinery Wrecking Yards a) No wrecked, partially dismantled or inoperative vehicles or machinery shall be stored or displayed in any required yard abutting a road. b) Council may apply special standards as a condition of a discretionary use approval regarding the screening and location of areas for the storage and display of vehicles, 18 machinery and parts thereof, designed to avoid an unsightly premise. 7.4.4 Discretionary Uses Involving the Housing of Agricultural Animals a) Council is governed by the location criteria contained in the Official Community Plan and Zoning Bylaw respecting discretionary approval for an ILO in the issuing of a permit for any use involving the sale, transshipment, housing, of confinement of agricultural animals. b) Council may apply special standards in the issuing of a development permit limiting the number of animals that may be harboured on the site at any point in time. 8 SECTION 8: H - HAMLET DISTRICT 8.1 PERMITTED USES The following uses are permitted in this district: (1) Residential: (a) Single detached dwelling. (b) Mobile home on a permanent foundation. (2) Recreational uses: (a) Public sports fields and parks. (b) Rinks. (3) Institutional uses: (a) Community halls, public museums, and libraries. (b) Non-residential schools and educational institutions. (c) Places of worship. (4) Uses and buildings customarily accessory and subordinate to the principal use on the site. 8.2 DISCRETIONARY USES: The following uses are discretionary in this district: (1) Commercial principal uses: (a) All retail store, commercial retail service, restaurant, and public accommodation establishments. (b) Veterinary clinics and hospitals (2) Industrial and agricultural service uses: (a) Agricultural equipment, motor vehicle, or recreational equipment dealers and service establishments. (b) Agricultural seed, fuel, and chemical supply establishments. (c) Agricultural product storage, transshipment, service and contracting establishments, excluding facilities for the handling of large animals. (d) Construction trades. (e) Manufacturing or processing establishments. (f) Welding, machine shops, and metal fabricating. (3) The following ancillary uses: (a) Bed and breakfast homes, where ancillary to a residence on the same site. 19 (b) Home based businesses, where ancillary to a residence on the same site, including personal care homes. 8.3 REGULATIONS: 8.3.1 Site Area Requirements: (1) Service stations, gas bars, industrial and agricultural service uses ...... ..Minimum - 1,000 m2 (10,764 square feet). (2) Public utilities and municipal facilities ..................... Minimum - none. (3) All other uses .............................. Minimum - 450 m2 (4845 square feet). 8.3.2 Site Frontage Requirements: (1) Service stations, gas bars, industrial and agricultural service uses- ..... Minimum - 30 metres (100 feet). (2) Public utilities and municipal facilities ..................... Minimum - none. (3) All other uses .............................. Minimum - 15 metres (50 feet). 8.3.3 Yard requirements - residential use: (1) Front Yard .................................. Minimum - 6 metres (20 feet) (2) Side yard ..................................... Minimum - 1.5 metres (5 feet) (3) Rear Yard - principal building .... Minimum - 6 metres (20 feet) - accessory building ................... Minimum - 1.5 metres (5 feet) 8.3.4 Yard Requirements - other uses: (1) A yard abutting a highway - As required by Sask. Highways and Transportation, but not less than 6 metres (20 feet) (2) A yard abutting a highway frontage road or municipal road allowance - ......... Minimum - 6 metres (20 feet) (3) A front yard for service stations, gas bars, industrial and agricultural service uses- ..... Minimum - 6 metres (20 feet). (4) A yard abutting a residential use without an intervening street - .... Minimum - 3 metres (10 feet) (5) Any yard abutting a railway - ...... Minimum - nil (6) Any other yard ............................. Minimum - nil (7) The yard requirements shall not apply to any public utility, municipal facility, or public recreational use. 8.3.5 Residential development: (1) Mobile Homes shall: (a) Comply with Section 3.3, and (b) be securely attached to a permanent foundation prior to occupancy. (2) Reduced front yard - Where on a residential block, and the dwelling in an abutting lot is legally located less than the minimum front yard required by Section 7.3.3, the front yard may be reduced up to the lesser front yard of the abutting lot, but not less than 3 metres (10 20 feet). 8.4 DEVELOPMENT STANDARDS FOR DISCRETIONARY USES: 8.4.1 Commercial, industrial and agricultural service uses (1) Council will apply the criteria of the Official Community Plan, Section 5.3, in considering locations for commercial, industrial or agricultural service uses. (2) Council may apply special standards in the issuing a development permit for screening of storage areas fencing, or required yards adjacent to residential uses. PART II - DEFINITIONS Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides be held to have the following meaning: Accessory Use - a use customarily incidental, subordinate, and exclusively devoted to the principal use or building and is located on the same site with such principal use or building. Act - The Planning and Development Act, 2007, as amended. Alteration - any structural change or addition made to any building or structure. Animal Unit (A.U.) - the kind and number of animals calculated in accordance with the following table: Number of Animals KIND OF ANIMAL = 1 Animal Unit Poultry Hens, cockerels, capons 100 Chicks, broiler chickens 200 Turkeys, geese, ducks 50 Exotic birds 25 -------------------------------------------------------------------------------- Hogs Boars and sows 3 Gilts 4 Feeder pigs 6 Weanling pigs 20 -------------------------------------------------------------------------------- Sheep Rams or ewes 7 Lambs 14 -------------------------------------------------------------------------------- Goats, all (including llamas, 7 Etc. alpacas, etc.) -------------------------------------------------------------------------------- Cattle Cows and bulls 1 Feeder cattle 1.5 Replacement heifers 2 Calves 4 --------------------------------------------------------------------------------- Horses Colts and ponies 2 Other horses 1 --------------------------------------------------------------------------------- Other Domesticated native ungulates 21 - Bison 1 - Elk, Reindeer 4 - Deer 7 Ancillary Use - a use that is secondary and subordinate in size, extent and purpose to the principal use on the same site, but is not necessary for the operation of the principal use on that site. Applicant - a developer or person applying for a development permit under this bylaw, for a subdivision approval to an approving authority under The Planning and Development Act, 2007. Bed and Breakfast Home - a dwelling unit, licensed as a tourist home under The Public Accommodation Regulations, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Billboard - a private free standing sign, including supporting 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, and which is greater than 2 square metres in facial area. Building - a structure used for the shelter or accommodation of persons, animals, or chattels. Building, Accessory - a subordinate detached building appurtenant to a main building or main use and located in the same site, the purpose of which is to provide better and more convenient function of the main building or main use. Building Permit - a permit issued under a building bylaw of the municipality authorizing the construction of all or part of any building. Campground - the seasonal operation of an area of land managed as a unit, providing temporary short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by travellers and tourists. Council - the Council of the Rural Municipality of Lakeview No. 337. 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 Permit - a document authorizing a development issued pursuant to this bylaw. Discretionary Use - a use or form of development specified in this bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards, as required by Council, contained in this bylaw. Dwelling, Single Detached - a detached building consisting of one dwelling unit as herein defined; and occupied or intended to be occupied as a permanent home or residence, but shall not include a mobile home or trailer coach as herein defined. 22 Dwelling Unit - one or more habitable rooms constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons. Farmstead - a single site, which includes the residence of the farm operator and those buildings, or facilities that are related to the farm operation, and may include cropland and pastures. Floor Area - the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, sun lounge, unfinished basement, or attic. Hazard Land - land which may be prone to flooding, slumping, subsidence, landslides, erosion, any other instability, or is located within a flood plain or watercourse. Home Based Business - a secondary occupation carried on by the occupants of a farmstead or residence ancillary to a permitted use. Highway Sign Corridor - a strip of land parallel and adjacent to a provincial highway; where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of the Department of Highways entitled "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986", as may be amended from time to time. Intensive Agricultural Operation - A principal use that produces a crop that is grown in buildings or under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application, but not including an intensive livestock operation. Intensive Livestock Operation (I.L.O.) - the operation or facilities for the permanent or temporary rearing, confinement or feeding of poultry, hogs, sheep, goats, cattle, horses, or domesticated game animals in such numbers that the facility and portion of a site used for the operation: (a) will contain 100 or more animal units, and (b) provides less than 370 square metres (4000 ft2.) of space for each animal unit contained therein. Mobile Home - a trailer coach or modular home: (a) that is used as a dwelling; (b) that has water faucets and shower, or other bathing facilities, that may be connected to a water distribution system; and, (c) that is equipped with facilities for washing and water closet, or other similar facility, which may be connected to a sewage system. Modular Home - a factory built home that is manufactured as a whole or modular unit and is designed to be moved on a removable chassis to be used as one dwelling unit, and is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard. Municipality - the Rural Municipality of Lakeview No. 337. Non-Conforming Building - a building: (a) that is lawfully constructed or lawfully under construction, or in respect of which all 23 required permits have been issued, at the date a zoning bylaw or any amendment to this bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and (b) that on the date this bylaw or any amendment to this bylaw becomes effective does not, or when constructed will not, comply with this bylaw. Non-Conforming Use - any use of land, building, or structure lawfully existing at the time of the passing of this bylaw, the use of which does not comply with all the regulations of this bylaw governing the zone district in which it is located. Pasture - a site that is used for the raising and feeding of livestock by grazing. Permitted Use - a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this bylaw. Personal Care Home - a facility licensed under The Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on ability for self-care, and are unrelated to the operator or owner. Principal Use - the main activities conducted on a site. Principal Building - the main building in which the principal use of the site is conducted. Public Road - a road allowance or a legally surveyed road vested in the name of Department of Highways. Public Utility - a government or private enterprise, which provides a service to the general public. Quarter Section - a quarter section as defined by the Township Plan of Survey of record in the Land Titles Office, exclusive of any registered road, road widening, or railway right of way, but including any partial quarter section defined on the Township Plan of Survey. Reeve - the Reeve of the Rural Municipality of Lakeview No. 337. Residence - a single detached dwelling on a site which is not used as a farmstead. Rural Municipal Administrator - the official administrator for the municipality pursuant to The Municipalities Act. School - a body of pupils that is organized as a unit for educational purposes, that comprises one or more instructional groups or classes, together with the principal and teaching staff and other employees assigned to such body of pupils, and includes the land, buildings or other premises and permanent improvements used by and in connection with that body of pupils. Sign - any writing (including letter or word), billboard, pictorial representation (including illustration or decoration), emblem (including devise, symbol or trademark), flag (including 24 banner or pennant), or any other figure of similar character which: (a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building; (b) is used to announce direct attention to, or advertised; and (c) is visible from outside the building. Site - an area of land with fixed boundaries and which has been registered in the Land Titles Office by Certificate of Title, and for which all portions of the land are consolidated under a single title. Site Line, Front or Site Frontage - the boundary that divides the site from the street or road. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear site lines. Site Line, Rear - the boundary at the rear of the site and opposite the front site line. Site Line, Side - a site boundary other than a front or rear site line. Street - a public road or thoroughfare registered by plan of survey which affords the principal means of access to abutting property, but shall not include an easement or lane. Structure - anything that is built, constructed, or erected, located in, on, or over the ground, or attached to something located in or over the ground. Subdivision - a division of land, and includes a division of a quarter section into legal subdivisions as described in the Land Titles Act. Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public roads or highways and includes a self-propelled or non-self- propelled vehicle designed, constructed or reconstructed in such a manner as to permit occupancy as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked-up. Use - the purpose or activity for which a piece of land or its buildings is designed, arranged or intended, occupied or maintained. Vacation Farm - an operating farm which may, on a day basis or for overnight purposes, offer a farm life experience to groups, families, or individuals and which may provide either or both of the following: a) rental accommodation in the farm dwelling or adjacent private cabins comprising one or more rooms furnished to enable the preparation of meals if full board is not provided; b) a tract of land on which one or more camping, tenting or parking sites is located, and the provision of electricity, potable water and toilet facilities to any of the persons, families, groups occupying any of such sites. 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 25 livestock operation. Waste Disposal Facility, Solid - a facility, not including a waste transfer station or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are typically disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. Yard - the open, unoccupied space on a lot between the property line and the nearest wall of a building. Yard, Front - that part of a site that extends across the full width of a site between the front site line and the nearest main wall of a building or structure. Yard, Rear - that part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Yard, Required - the minimum yard required by a provision of this bylaw. Yard, Side - the part of a site that extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure. PART III - REPEAL AND ADOPTION 1. Bylaw No.01-65 is hereby repealed. 2. This bylaw is adopted pursuant to Section 46 and 75 of The Planning and Development Act, 2007, and shall come into force on the date of final approval by the Minister of Government Relations. Reeve S E A L Rural Municipal Administrator 26 Read a First time this , day of , 2007. Read a Second time this , day of , 2007. Read a Third time and adopted this , day of , 2007.