Zoning Bylaw No. 2002-02 — full text

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## RURAL MUNICIPALITY OF LIPTON NO. 217 ZONING BYLAW NO. 2002-02 ## TABLE OF CONTENTS | 1. INTRODUCTION | 3 | |--------------------------------------------------------------------|----------| | 2. ADMINISTRATION | 4,5 | | 3. GENERAL REGULATIONS | 6 | | 3.1 Development on Hazard Lands | | | 3.2 One Principal building or Use Permitted on a Site | | | 3.3 Mobile Homes | | | 3.4 Non-Conforming Uses | | | 3.5 Signs and Billboards | | | 3.6 Storage of Vehicles | | | 3.7 Public Utilities, Pipelines and Facilities of the Municipality | | | 3.8 Solid and Liquid Waste Disposal Facilities | | | 3.9 Disposal of Manure | | | .10 Home Based Businesse | 10 | | .11 Bed and breakfast and Vacation Farms | 10 | | 3.12 Campgrounds | 10,11 | | 4. ZONING DISTRICTS | 12 | | 5. A-AGRICULTURAL DISTRICT | 12 | | 5.1 Permitted Uses | 12,13 | | 5.2 Discretionary Uses | 13,14 | | 5.3 Regulations | 14,15,16 | | 5.4 Specific Standards for Discretionary Uses | 17,18 | | DEFINITIONS | 18 to 25 | | ADOPTION | 25 | 2 : ## SECTION 1 - INTRODUCTION ## 1.1 Title This bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Lipton No. 217". ## 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. ## SECTION 2 - ADMINISTRATION ## 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 - (2) The application shall be in the "Form A" as adopted or amended by resolution of council. - (1) Every person shall obtain a development permit before commencing any development within the municipality, except as listed in Section 2.3. - (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) Development permits are not required for the following only: 2. (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. 3. (D) 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; (a permit is required for the installation of new transmission lines). 4. (c) Municipal Facilities: Any facility installed and operated by the Municipality; 5. (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: 2. (a) issue a development permit for a permitted use, where the application conforms to this bylaw, incorporating any special regulations, berformance 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. - (2) Council shall make a decision on a discretionary use, by resolution which instructs the development officer to: - (c) submit the application to Council for decision, where the application is for a discretionary use. - (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. - (4) A copy of all approved Development Permit applications, involving the installation of water and sanitary services shall be sent to the local office of the Public Health District. ## 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 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 - (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. - (1) Council shall appoint a Development Appeals Board in accordance with Sections 71 and 91 to 104 of 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 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 - i) any discretionary residence or any ancillary use to a farmstead or residence 4. (a) The Development Officer shall direct the applicant for a discretionary use to advertise the proposed use by mailing a copy of the notice to the assessed owner of each abutting property for the following: 5. (b) In addition to the 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, specify the date, time and location of the council meeting at which the application will be considered - (e) The applicant shall pay to the municipality a fee equal to the costs to the municipality associated with the public advertisement. - (d) The notice shall be mailed and published at least two weeks prior to the date of the meeting. - (3) Application fees - an applicant for a development permit shall pay an application fee in accordance with the following: - (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. - (a) Permitted principal use - $ 0.00 - (b) Permitted accessory use - $ 0.00 - (c) Ancillary use - $ 0.00 - (d) Discretionary principal use - $25.00 - (e) Discretionary accessory use - $25.00 ## 2.9 Offenses and Penalties Any person who violates this bylaw is guilty of an offence and liable, on summary conviction, to the penalties set forth in the Act. ## SECTION 3 - GENERAL REGULATIONS The following regulations shall apply to all Zoning Districts in this bylaw: ## 3.1 Development on Hazard Lands - (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: - (1) Where a proposed development of a building is located within 150 metres of an area defined in the Basic Planning Statement as potential hazard land council may require the applicant to submit sufficient topographic information to determine if the development will be within 50 metres of any slopes that may be unstable, or within any river or stream flood plain, or other land that may be subject to flooding. - The potential for flooding up to a 1 in 500 flood elevation, or 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 effects, or will result in excessive municipal costs. - (4) No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies or where a suitable potable water supply cannot be furnished to the requirement of Saskatchewan Health and/or the Saskatchewan Water Corporation. ## 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 - (2) Every mobile home shall bear CSA Z240 certification and shall be attached to a permanent foundation, or securely anchored to the ground and skirted, prior to occupancy. - (1) Wherever a dwelling is allowed, it may be in the form of a mobile home. ## 3.4 Non-conforming Uses The provisions of The Act, Sections 113 and 118 inclusive, apply to all non-conforming buildings and uses. ## 3.5 Signs and Billboards - (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 amendments, thereto, and subsection 2 shall not Apply. - (1) Signs Located in Highway Sign Corridor - (2) Signs Other Than in a Highway Sign Corridor - (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 - (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. premises. - (C) A maximum of 2 advertising signs are permitted on any site, or quarter section. - (d) Government signs, memorial signs, and directional signs which 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 signing 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 not be in excess of 36 square feet ## 3.6 Storage of Vehicles - (2) This Section shall not apply to permitted machinery or automotive salvage yards. - (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. - (3) Council may require that such vehicles be screened from roadways or neighboring properties by landscape features or fences or a combination thereof. ## 3.7 Public Utilities, Pipelines, and Facilities of the Municipality - (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. - (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. - (3) Oil exploration and any other development proposals in the municipality may be subject to prior review of a project proposal by Saskatchewan Environment and Resource Management. Any proposal which satisfies any Of the criteria of a development in the Environmental Assessment Act will be Required to undergo an EIA and to obtain Ministerial Approval to proceed. An Enviromental Protection Plan may be required for any project not Requiring an EIA ## 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) No development or use of land which requires manure, sewage disposal or landfill facilitates shall be permitted unless those facilities are approved by the applicable departments of the provincial government. Disposal of liquid, solid or gaseous waste shall be governed by Acts administered by Saskatchewan Agriculture and Food, Saskatchewan Environment and Resource Management, Saskatchewan Health, Saskatchewan Energy and Mines, and the Saskatchewan Water Corporation. ## 3.9 Disposal of Manure - (1) The use of agricultural land for the disposal and recycling of manure produced by an intensive livestock operation is permitted subject to the following regulations: 2. (a) Liquid manure shall be spread by direct injection into the soil. 3. (c) Solid or liquid manure shall not be spread on snow covered or frozen ground. 4. (b) Solid manure shall be incorporated into the soil within 24 hours. - (2) Upon application to Council other procedures for disposal of manure may be approved where the applicant establishes to the satisfaction of Council that the objectives of the Basic Planning Statement will be achieved to a similar standard. Council may specify a limited time during which the approval will be valid. 6. (a) the manure to be spread comes from an ILO of less than 300 animal units, - (3) Council may exempt in whole or in part an applicant from this section where: 8. (b) the manure will be spread on land owned by the operator of the ILO. ## 3.10 Home Based Businesses - (1) The use is clearly ancillary to the use of a farmstead as an agricultural operation or the dwelling unit as a private residence. Home based businesses shall be subject to the following conditions: - (2) The operator of the business is a resident of the dwelling unit and, in the case of a farmstead only, up to three non resident employees may be employed at the site. Any employee shall be directly under the hire and management of the operator of the business. Where the business is of a building or service contractor, additional employees may be involved only at the client building site. - (3) 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. - (4) The permitted use shall be valid only during the period of time the property is occupied as a residence of the applicant for such permitted use. - (5) 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: - (6) 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. - (7) A maximum of five cabins shall be permitted as part of a vacation farm operation. - (9) Vacation farms and bed-and-breakfast operations shall be licensed pursuant to the Public Health Act, where tourist accommodations require health approval. - (8) On site signs shall be permitted in accordance with Section 3.5. Off site signs not exceeding 2.9 square metres (32 ft2) may be permitted at the discretion of council where necessary to provide directions from a highway to the operation. - (10) 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 - (12) 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. - (11) The operator of a campground shall provide the development officer with a plan of the campground, identifying any buildings, uses of land and the cation of all roadways and trailer coach or tent campsites with dimension he addition or rearrangement of campsites, the construction or moving o 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. - (13) The operator of a campground shall designate a campsite for each trailer coach or tent party, which shall be less than 150 square metres in area with its corners clearly marked. - (14) No portion of any campsite shall be located within a roadway or required buffer area. - (15) Each campsite shall have direct and convenient access to a developed roadway, which is not located in any required buffer area. - (16) 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. - (17) 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. - (18) No trailer coach shall be stored on any campsite when the campground is not open. - (20) The Public Health Act and the Regulations passed thereunder, shall be complied with in respect to all operations and development of the campground. - (19) 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. ## 3.13 Re-Subdivision of Existing Sites Notwithstanding any other provision in this bylaw, the re-subdivision of existing site(s) may be permitted at Council's discretion, provided that no additional sites are created as a result of the resubdivision. ## 3.14 Storage of Hazardous Substances The storage of chemicals, fertilizer and combustible materials are subject to the requirements of the Hazardous Substances Regulations administered by Saskatchewan Environment and Resource Management. All necessary requirements and permits must be met and obtained. ## 3.15 Non Farm Residential-Site Requirements "No subdivision that includes or proposes to include a jet disposal type sewage system shall not be less than 10 acres in area." Smaller parcels may be allowed provided an appropriate specific sewage disposal system designed for higher densities is installed. ## 3.16 Heritage Resources - a) refer proposed land developments that are located in heritage sensitive areas and therefore may have a significant adverse impact on heritage sites to the Heritage Assessment Unit to determine if a heritage resource impact assessment study or other action is required pursuant to Section 63 of The Heritage Property Act or - 1) Council will work with provincial government agencies, in particular the Heritage Assessment Unit of Saskatchewan Municipal Affairs and Housing to ensure the protection of significant heritage resources. Where the potential for impacting heritage sites exists, Council will: - b) apply established screening criteria to determine if a heritage study or other action is required. - 2) Council may defer issuing a permit for any development until such time as all the heritage resource impact assessment and mitigation requirements have been satisfactorily met. - a) Development proposals on lands identified as heritage sensitive shall only be permitted subject to the following: 3. il) Any further measures specified by council to preserve, protect or otherwise manage heritage property. - i) Compliance with all regulatory requirements of The Heritage Property Act to protect heritage property, and - b) Council may prohibit developments over which it has approval authority where those developments if approved would irreparably damage or destroy significant heritage property. - c) Council may refuse or temporarily defer an application decision where developments will adversely affect the long-term protection and conservation of heritage resources, until such time as Council, in consultation with the Heritage Assessment Unit determines that the heritage resources are adequately managed. ## SECTION 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. ## SECTION 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. - (a) Farm buildings and structures for a permitted principal agricultural use on the site. - (2) Accessory uses and buildings, to agricultural or residential principal uses: - (b) Facilities for the sale direct to the consumer of crops grown by the agricultural operation. - (c) Orchards and vegetables, 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. - (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) Metallic or non-metallic mineral mines or extraction facilities. - (a) Places of worship, cemeteries, and non-residential schools - (5) Other principal uses, including accessory uses and buildings, but not including a residence: - (b) Radio, television and microwave towers - (d) Historical and archaeological sites, and wildlife and conservation management areas. - (c) Public parks and public recreational facilities - (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: 2. (a) Intensive livestock operations subject to Section 5.4.1. 3. (b) Intensive agricultural operations - (2) Residential discretionary uses: 5. (a) Any residence or farmstead on a site of less than a quarter section. - (3) Ancillary discretionary uses: 7. (b) Residences ancillary or accessory to a discretionary use 8. (a) Vacation farms, where ancillary to a farmstead on the same site. 9. (c) Home based businesses, where ancillary to a farmstead or residence on the 10. (b) Bed-and-breakfast homes, where ancillary to a farmstead or residence on the same site. same site, including personal care homes. - (d) Agricultural related commercial uses ancillary to a farmstead on the same - (e) Shooting ranges - (a) Agricultural product processing. ## (4) Commercial Principal Uses: - (b) Agricultural equipment, fuel, and chemical supply establishments. - (d). Grain elevators and related uses. - (c) Agricultural service and contracting establishments. - (e) Gravel pits and gravel crushing operations. - (f) Machine shops and metal fabricators. - (g) Machinery or automotive salvage or storage yards. - (i) Recreational commercial uses - including sports arenas, golf courses, tourist campgrounds, and other similar uses. - (h) Petroleum or mineral processing facilities. - (i) Abattoirs - (k) Auction marts ## (5) Other Principal Uses: - (a) Church residences and residential religious institutions. - (b) Residential schools - (c) Institutional Camps - (e) Solid and liquid waste disposal facilities, including soil farms for the rehabilitation of contaminated soils. - (d) Airports and private airstrips ## 5.3 REGULATIONS The subdivision of any land within the Agricultural District is subject to the policies contained in the Basic Planning Statement, Sections 3.3 (agricultural), 4.3 (residential) and 5.3 (commercial). ## 5.3.1 Subdivision: ## 5.3.2 Site Requirements: - (1) Agricultural Uses 2. (a) Quarter (1/4) section or equivalent. Equivalent shall mean 65 hectares (160 acres) or such amount as remains in an agricultural holding as a result of the registration of a road widening, railway plan, pipeline or natural features such as a body of water, however, the minimum shall not be less than 57 hectares (140 acres), except as for in Section 5.3.2(1)(b) below. 3. (b) Site sizes less than required under Section 5.3.2(1)(a) may be permitted for agricultural purposes, on a basis of a recommendation of Council. 4. (c) Only two residential buildings shall be permitted on any agricultural holding. Where additional buildings are required to accommodate full time workers engaged in the agricultural operation carried out on the - agricultural holdings, they may be permitted at Council discretion. - (d) An agricultural holding may be subdivided or severed to provide a separate site for an existing residential building provided the following conditions are met: - (i) No other residential buildings exists on a separate site in the same quarter (1/4) section. - (II) The site to be subdivided or severed has an area of not less than 0.8 hectares (2 acres) and not more than 8 hectares (20 acres). - (e) An agricultural operator may, on the basis or a recommendation of Council, be granted a subdivision for a farmstead site of not less than V.o hectares (2 acres) where the site is part of the operator's total agricultural holding even though it may be separate from the major portion of the total agricultural holding. - (1II) The site shall not be located where, in the opinion of Council, an all-weather access road would be prohibitively expensive to construct or maintain. - (f) Any agricultural holding within the A-Agricultural District which does not conform with the minimum site area requirements, as set out in the regulations of that district, shall be deemed to be conforming with regard to site area, provided that a registered title for the site existed in the Land Titles Office prior to the coming into force of this bylaw. - (i) A minimum site size of 2 acres and a maximum of 20 acres except that the maximum site area may be a greater area depending on existing physical circumstances i.e., limitations or demarcations peculiar to a proposed residential site such as shelterbelt, topographical restraints or irregular (cutoff) shaped parcels caused by road cut-offs, railways or other similar features. - (g) A maximum of 2 residential sites on a quarter (1/4) section will be permitted subject to: - (ii) The site must be adjacent to and take access from a paved highway. - (2) Agricultural Related Commercial Uses - (a) Minimum of one (1) hectare (2.5 acres) to a maximum of eight (8) hectares (20 acres) ## 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 in a developed road - 3) A site to be created by subdivision shall not be permitted unless. wher 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. - (2) For the purposes of this section "developed road" shall mean an existing 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 i the road on a registered right of way to a standard approved by counc ## 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, Earth, Stone pile and Vegetation Setback Requirements: - (1) The minimum setback of buildings, earth stone pile and vegetation, including dwellings, trom the centerline of a developed road, municipal road allowance, or provincial highway shall be: - (a) 61 metres (200 feet) from the road centerline - (b) 92 metres (300 feet) from a road intersection - (c) as required by the Department of Highways - (d) Council, as its discretion, may permit buildings and structures (excluding fences and signs) to locate closer to the centerline of road allowances to avoid undue hardships and excessive development costs, however, no building or structure (excluding fences and signs), shall: - (i) be located closer than 23 metres (75 feet) to the centerline of a road allowance, or - (il) violate the Department of Highways standards. - (e) Fences, which, in Council's opinion: - (i) promote or encourage snow drifting, and/or - (ii) create a visual obstruction on road allowances, shall not be located within 46 metres (150 feet) of the - road centerline. - (2) No dwelling shall be located with less than a minimum separation distance to an operation of other than the resident of the dwelling as follows: - (a) the separation distance to an intensive livestock operation as regulated in Section 5.4.1. - (b) 305 metres (1000 feet) from a public, or licensed private solid or liquid waste disposal facility. - (c) 305 metres (1000 feet) 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 feet) to a non-refrigerated anhydrous ammonia tacility licensed by the Department of Government Relations and Aboriginal Affairs. - (f) 600 metres (1970 feet) to a refrigerated anhydrous ammonia facility licensed by the Department of Government Relations and Aboriginal Affairs. - (3) No dwelling or other building shall be located within the approach surface for any airport or airstrip. ## 5.4 SPECIFIC DEVELOPMENT STANDARDS FOR DISCRETIONARY USES: - (1) Council is governed by the location criteria contained in the Basic Planning Statement, Section 3.3 in the issuing of a discretionary approval for an L.L.O. ## 5.4.1 Intensive livestock operations: - (2) Development of any temporary facility and part of a site shall also require a development permit as a discretionary use if it meets the definition of an I.L.O. - (3) Approval of an intensive livestock operation shall be for a specific maximum number of animal units specified by council as a condition of the development permit. A new discretionary approval shall be required to expand the intensity of a livestock operation or to alter the species of animals and or type of manure to be spread. Table 3.1 in the basic planning statement shall apply for greater separation distances. - (4) Council may issue a conditional approval of an ILO subject to: 4. (a) Coverage of liquid manure storage facilities by straw or other acceptable means on a continuous basis. 5. (b) Disposal of manure produced by an ILO based on the provisions of Section 3.9. ## Intensive agricultural operations: - (2) The operation may include a farmstead or dwelling on the same site subject to Section 5.3.2. - (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. - (3) No new dwelling shall be planed within 15 metres (50 feet) of any Intensive Livestock Operation. ## 5.4.3 Keeping of Animals on residential sites other than farmsteads - (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. - (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 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. ## 5.4.4 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. - (2) Crop land or improved pasture may be used for the disposal of wastes from an intensive livestock operation by spreading of manure, and such manure shall 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. ## 5.4.5 Home based businesses: - (1) shall comply with Section 3.10 - (2) A personal care home must be licensed under The Personal Care Homes Act. - (3) Council may apply special standards in the issuing a development permit limiting the size of operation, buildings used for the operation, and number of non resident employees. Any increase in the operation as applied for or approved shall require a new discretionary approval. ## 5.4.6 Vacation farms and 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, cabins or camping spaces that may be permitted in conjunction with the operation. ## 5.4.7 Commercial uses: - (1) Where ancillary to a farmstead, Council may apply special standards as a condition of discretionary approval limiting the size of operation, buildings - (2) An increase in the area of land for a commercial use or the number of size of - (3) Council may require special standards for the location, set back or screening o any are devoted to the ud or stone mater, heles ing any salvage or vehicle storage yard. ## 5.4.8 Campgrounds - (1) shall comply with Section 3.12 ## 5.4.9 Shooting Ranges - (1) Shall comply with all federal and provincial legislation and regulations. 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 buincipal use or building and is located on the same site with such principal use or Act: The Planning and Development Act, 1983, 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: | | Kind of Animal | Number of Animals = 1 Animal Unit | |-------|---------------------------------|-------------------------------------| | | Poultry Hens, cockerels, capons | 100 200 | | | Chicks, broiler chickens | | | | 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 | | Sheep | Lambs | 14 | | | Goats, etc. all (including llamas, alpacas, etc.) | 7 | |--------|---------------------------------------------------------|---------| | Cattle | Cows and bulls Feeder cattle Replacement heifers Calves | 1 1.5 2 | | Horses | Colts and ponies Other horses | 2 1 | | Other | Domesticated native ungulates (deer, elk, bison, etc.) | 1 | 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, 1983. Bed and Breakfast Home: a dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the traveling public for a charge. Billboard: a private free standing sign, including supporting structures, which advertise 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, recreational vehicles and campers, used by travelers and tourists. Council: the Council of the Rural Municipality of Lipton No. 217. 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 Development Permit: a document authorizing a development issued pursuant to this bylaw. Diseretionary 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. 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 which 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. Group Care Facility: a supervised residential dwelling unit, licensed or approved under provincial statute, for the accommodation of a maximum ten persons (excluding resident staff and any government agencies or recognized social services agency or health professionals). 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 hydroponics 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: - b) provides less than 370 square metres (4000 ft2) of space for each animal unit contained therein. - a) will contain 100 or more animal units, and ## Mobile Home: a trailer coach: - b) that has water faucets and shower, or other bathing facilities, that may be connected to a water distribution system; and, - a) that is used as a dwelling - c) that is equipped with facilities for washing and water closet, or other similar facility, that may be connected to a sewage system. Municipality: the Rural Municipality of Lipton No. 217 ## Non-Conforming Building: a building: - 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. - a) that is lawfully constructed or lawfully under construction, or in respect of which all equirea permits have been issued, at the date a zoning bylaw or any amendment t his bylaw affecting the building or land on which the building is situated or will b situated becomes effective; and 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 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 Lipton No. 217. 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 Rural Municipality Act, 1989. 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 banner or pennant), or any other figure of similar character which: - b) is used to announce direct attention to, or advertised; and - a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building; - 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 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 nonrectangular 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. Temporary Livestock Facility: a facility or livestock operation for the confinement of animals for a continuous period of more than 10 days in any 30 day period. 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-selfpropelled 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: - 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. - 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; 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, not including a waste transfer station or a temporary storage tacility, 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 which 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 which extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure. ## ADOPTION Zoning Bylaw Number 81-1 and subsequent amendments are hereby repealed. This bylaw is adopted pursuant to Section 67 and 85 of The Planning and Development Act, 1983, and shall come into force on the date of final approval by the Minister of Government Relations and Aboriginal Affairs.  Seal NUCCES NOLETT SASKATCHE VAN Water Mater. Administrator Read a first time this 11th day of February, 2003. Read a second time this 11" day of February, 2003. Read a third time this 3d day of March, 2003.   APPROVED REGINA, SASK. APR 2 4 2003 Associate Deputy Minister of Minicipal Relations Division Sask. Government Relations and Aboriginal Affairs