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Resort Village of South Lake
Zoning Bylaw
Resort Village of South Lake Zoning Bylaw
2
RESORT VILLAGE OF SOUTH LAKE
BYLAW NO. 27-15
A Bylaw of the Resort Village of South Lake to adopt a Zoning Bylaw.
WHEREAS the Planning and Development Act, 2007 (the Act) provides that a municipality may, by
bylaw, adopt a Zoning Bylaw and has authorized the preparation of such a Zoning Bylaw in consultation
with a professional community planner pursuant to section 46 of the Act.
WHEREAS, section 75 of the Act provides that a Zoning Bylaw must be adopted by bylaw, in accordance
with the public participation requirements of Part X of the Act.
WHEREAS, and in accordance with Part X of the Act, the Council of the Resort Village of South Lake held
a public hearing on Thursday, January 14, 2016 in regards to the proposed Zoning Bylaw, which was
advertised in a weekly paper on Tuesday, December 15, 2015 and Tuesday, December 22, 2015 in
accordance with the public participation requirements of the Act.
WHEREAS, in order to ensure the orderly development of the Resort Village of South Lake, the Council
deems it necessary to adopt a Zoning Bylaw.
WHEREAS, this Bylaw repeals and replaces current Zoning Bylaw 14-89.
The Council of the Resort Village of South Lake in the Province of Saskatchewan in open meeting enacts
as follows:
1. Schedule "A" attached hereto is hereby adopted as the " Resort Village of South Lake Zoning Bylaw"
2. Schedule "B" maps 1, 2 and 3 attached hereto is hereby adopted as the Official Zoning Maps for the
Resort Village of South Lake.
3. This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Certified a true copy of Bylaw No. 27-15 adopted by resolution of Council dated Wednesday, January 20,
2016
_____________________________
MAYOR
SEAL
ADMINISTRATOR
Resort Village of South Lake Zoning Bylaw
3
RESORT VILLAGE OF SOUTH LAKE
ZONING BYLAW
Bylaw Schedule "A" to Bylaw No. 27-15
of the Resort Village of South Lake
SEAL
_______________________
MAYOR
_______________________
ADMINISTRATOR
Resort Village of South Lake Zoning Bylaw
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Table of Contents
Section 1
Introduction
Page 6
1. Title
2. Purpose
3. Scope severability
4. Status of other land use controls
Section 2
Definitions
Page 7
Section 3
Administration
Page 13
1. Development officer
2. Development permit
3. Development permit procedure
4. Development not requiring a permit
5. Development appeals board
6. Fee for zoning amendment
7. Offences and penalties
Section 4
General Regulations
Page 16
1. Licences, Permits
2. Front yard reduction
3. Permitted yard encroachments
4. Principal buildings per lot
5. Non-conforming uses
6. Grading and leveling
7. Signs
8. Accessory buildings
9. Uses subject to special regulations
10. Outdoor storage
11. Standards for discretionary uses
12. Off street parking
13. Area prohibited for development
Section 5
Zoning Districts
Page 22
Section 6
District Schedules
Page 23
Section 6.1
R - Residential District
Page 23
Section 6.2
C - Commercial District
Page 25
Section 6.3
Rec- Recreational District
Page 27
Resort Village of South Lake Zoning Bylaw
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Section 6.4
UR - Urban Reserve District
Page 28
Section 6.5
AR-Agricultural District
Page 30
Section 6.6
"s"- Slump Hazard District
Page 35
Section 6.7
"f"- Flood Hazard District
Page 36
Section 7
Maps
Page 38
Resort Village of South Lake Zoning Bylaw
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Section 1 - Introduction
Under the authority of The Planning and Development Act, 2007, as amended, and Bylaw No. ______,
the Council of the Resort Village of South Lake in the Province of Saskatchewan, in open meeting,
hereby enact as follows:
1.1
Title
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Resort Village of South
Lake.
1.2
Scope
Development shall be permitted within the limits of the Resort Village of South Lake only when
in conformity with the provisions of this Bylaw subject to the right of appeal provisions of the
Act.
1.3
Severability
If any section, clause or provision of this Bylaw, including anything shown on the Zoning District
Map, is for any reason declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the Bylaw as a whole or in part, other than the section, clause,
provision or anything shown on the Zoning District Map, declared to be invalid.
Resort Village of South Lake Zoning Bylaw
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Section 2 - Definitions
Wherever 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 - a use, or structure, normally
incidental, subordinate, exclusively devoted to,
and located on the same site as the principal use
or building.
Act - The Planning and Development Act, 2007.
Administrator -the official Administrator for the
Resort Village of South Lake.
Alteration - the structural change in, or addition
to, a building or structure shall include a change
from one type of use to another.
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.
Bare Land Condominium - Shall mean a
condominium divided into bare land units as
defined in The Condominium Property Act, 1993.
Bare Land Unit - Shall mean a bare land unit as
defined within The Condominium Property
Act,1993.
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 travelling public for a charge.
Building - a structure used for the shelter or
accommodation of persons, animals, or chattels
and includes any structure covered by a roof
supported by walls or columns.
Building Bylaw - any bylaw of the Resort Village of
South Lake regulating the erection, alteration,
repair, occupancy or maintenance of buildings or
structures.
Building Front Line - the line of the wall of the
building, or any projecting portion of the building,
and production thereof excluding permitted
obstructions which faces the front site line.
Building Height - the vertical distance measured
from the grade level to the highest point of the
roof surface, if a flat roof; to the deck line of a
mansard roof; and to the mean height level
between eaves and ridge for a gable, hip or
gambrel roof
Building Permit - a permit issued under The
Building Bylaw of the Resort Village of South Lake,
authorizing the construction or the addition to any
building but does not include a Development
Permit.
Building Rear Line - the line of the wall of the
building or any projecting portion of the building
and production thereof excluding permitted
obstructions which faces the rear site line.
Building Side Line - the line of the wall of the
building, or any projecting portion of the building
and production thereof excluding permitted
obstructions, which faces the side site line.
Cemetery - property used for the internment of
the dead and may include facilities for the storage
of ashes of human remains that have been
cremated.
Clean Fill - uncontaminated nonwater-soluble,
non-decomposable, inert solids such as rock, soil,
gravel, concrete, glass and/or clay or ceramic
products. Clean fill shall not mean processed or
unprocessed mixed construction and demolition
debris, including, but not limited to, wallboard,
plastic, wood or metal or any substance deemed
corrosive, combustible, noxious, reactive or
radioactive.
Resort Village of South Lake Zoning Bylaw
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Commercial - the use of land, buildings, or
structures for the purpose of buying and selling
commodities, and supplying professional and
personal services for compensation.
Community Facilities - a building or facility used
for recreational, social, educational or cultural
activities and which is owned by a municipal
corporation, non-profit corporation or other non-
profit organization.
Convenience Store - a store offering for sale
primarily food products, beverages, tobacco,
personal care items, hardware and printed matter
and which primarily provides a convenient day-to-
day service to residents in the vicinity.
Council - the Council of the Resort Village of South
Lake.
Deck - a raised open platform, with or without
rails, attached to a principal building.
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 or intensity of use of any building or land.
Development Permit - a document authorizing a
development, issued pursuant to this Zoning
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 contained in this Bylaw,
as required by Council.
Dwelling - a building or part of a building intended
for residential occupancy.
Dwelling Group - a group of two or more
detached one unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof
occupying the same site.
Dwelling, Single detached - a detached building
consisting of one dwelling unit as herein defined;
and occupied or intended to be occupied as a
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.
Elevation - the height of a point on the Earth's
surface above sea level.
Environmental Reserve - lands that have been
dedicated to the Municipality by the developer of
a subdivision as part of the subdivision approval
process. Environmental reserves are those lands
that are considered undevelopable and may
consist of a swamp, gully, ravine, coulee or natural
drainage course, or may be lands that are subject
to flooding or are considered unstable.
Environmental reserve may also be a strip of land,
not less than 6 metres in width, abutting the bed
and shore of any lake, river, stream or other body
of water for the purposes of preventing pollution
or providing access to the bed and shore of the
water body.
Existing - in place, or taking place, on the date of
the adoption of this Bylaw.
Fence - an artificially constructed barrier erected
to enclose or screen areas of land.
Flood- a temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Flood Fringe - as defined by the Statements of
Provincial Interest.
Flood Proofing - any combination of structural
and non-structural additions, changes or
adjustments to structures or land that will
significantly reduce or eliminate flood damage to
real estate or improved real property and their
contents up to and including the design flood level
plus a freeboard of 0.5 meters.
Flood Way - as defined by the Statements of
Provincial Interest.
Resort Village of South Lake Zoning Bylaw
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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.
Frontage - the side of a site abutting a street and,
in the case of a corner site, the shorter of the
sides is the frontage.
Garage, Private - a garage used for storage
purposes only, where no business, occupation or
service is conducted for gain, other than an
approved home based business, and in which no
space is rented for commercial vehicles to a non-
resident of the premises.
Garage, Public - any garage available to the public,
operated for gain, and which is used for repair,
rental, greasing, washing, servicing, adjusting or
equipping of automobiles or other motor vehicles,
including painting, body work and major repairs.
Garage, Storage - a public garage exclusively used
for the storage of motor vehicles and where no
repair facilities are maintained.
Gas Bar - a building or facility used for the retail
sale of motor vehicle fuels from fixed pumps.
Hazard(ous) Land - land which may be prone to
flooding, slumping, subsidence, landslides,
erosion, any other instability, or is located within a
flood plain or watercourse.
Hazardous Substance - a substance that, because
of its quality, concentration or physical, chemical
or infectious characteristics, either individually or
in combination with other substances on the site
is an existing or potential threat to the physical
environment, to human health or to other living
organisms.
Home Based Business - an accessory use of a
dwelling unit by a resident of the dwelling for a
business which is secondary and incidental to the
primary use of the dwelling as a residence, and
does not change the residential character of the
buildings or site.
Intensive Livestock Operation (ILO) - the
operation or facilities for the permanent 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 parcel or site used for the operation
does any of the following conditions:
a) will contain 100 or more animal units
b) provides less than 370 m² of space for each
animal unit
c) will contain more than 20 animal units for
10 or more days of the month within 300
m of water body not controlled by the
operator
d) will contain more than 20 animal units for
10 or more days of the month within 30 m
of a domestic well not controlled by the
operator.
Intersection - an area where two or more streets
or lanes meet or cross at grade.
Landscaping - the changing, rearranging,
removing or adding to the original vegetation of a
site, including site grading, addition or removal of
topsoil, grass, trees, plants, sidewalks and other
natural or decorative features.
Lane - a public highway vested in the Crown as a
secondary level of access to a lot or parcel of land.
Legal Access - a lot or parcel shall be considered
as having legal access for the purposes of
development when the lot or parcel is adjacent to
a municipally maintained road, and meets the
frontage requirements of appropriate Zoning
District hosting the development.
Lot - an area of land with fixed boundaries and
which is of record with the Information Services
Corporation by Certificate of Title.
Mayor - the Mayor of the Resort Village of South
Lake.
Membrane Covered Structures - a structure
consisting of a frame that is covered with a non-
permanent material (plastic, fabric, canvas, etc.)
which is used for storage.
Resort Village of South Lake Zoning Bylaw
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Minister - the member of the Executive Council to
whom, for the time being, is assigned the
administration of The Planning and Development
Act, 2007.
Mobile Home - a trailer coach that may be used as
a dwelling all year round; has water faucets and
shower or other bathing facilities that may be
connected to a water distribution system; and has
facilities for washing and a water closet or other
similar facility that may be connected to a sewage
system.
Modular Home - a factory built home that is
manufactured on as a whole or modular unit and
is designed to be moved on removable chassis to
be used as a one unit dwelling, and is certified by
the manufacturer that it complies with the
Canadian Standards Association Code CSA - A277
standard.
Municipality - the Resort Village of South Lake.
Municipal Reserve- means dedicated lands:
i. that are provided to a Municipality pursuant to
clause 189(a) for public use; or
ii. that were dedicated as public reserve and
transferred to a Municipality pursuant to section
196,whether or not title to those lands has been
issued in the name of the Municipality;
Municipal Road - a public roadway subject to the
direction, control and management of the
Municipality.
Non-Conforming Building - a building:
a) that is lawfully constructed or lawfully
under construction, or in respect to which
all required permits have been issued, on
the date that this Bylaw or any
amendment to the Bylaw affecting the
building or land on which the building is
situated or will be situated, becomes
effective; and,
b) that on the date this Bylaw or any
amendment hereto becomes effective
does not or when constructed will not
comply with this Bylaw.
Non-Conforming Site - a site, consisting of one or
more contiguous parcels, to which all required
permits have been issued on the date that this
Bylaw or any amendment to the Bylaw becomes
effective, contains a use that conforms to the
Bylaw, but the site area or site dimensions do not
conform to the standards of the Bylaw for that
use.
Non-Conforming Use - a lawful specific use:
a) being made of land or a building or
intended to be made of a land or of a
building lawfully under construction, or in
respect to which all required permits have
been issued, on the date this Bylaw or any
amendment hereto becomes effective;
and,
b) that on the date this Bylaw or any
amendment hereto becomes effective
does not, or in the case of a building
under construction or in respect of which
all required permits have been issued, will
not comply with this Bylaw.
Parking Lot - an open area, other than a street,
used for the temporary parking of more than four
vehicles and available for public use and the use of
employees working on, or from, the site.
Parking, Off-Street - accommodation for the
parking of vehicles off a public street or lane.
Parking Space, Vehicle - a space within a building
or parking lot for the parking of one vehicle and
which has access to a developed street or lane,
having minimum dimensions of 2.7 metres wide
by 6.7 metres deep with direct lane access; 3.0
metres wide by 6.7 metres deep for a parallel
space; and 2.7 metres wide by 6.0 metres deep for
all other.
Permitted Use- the use of land, buildings, or other
structures that shall be permitted in a Zoning
District where all requirements of this Zoning
Bylaw are met.
Resort Village of South Lake Zoning Bylaw
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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 Utility - a government, municipality or
corporation under Federal or Provincial statute
which operates a public work.
Recreational Facility, Commercial - a recreation
or amusement facility operated as a business and
open to the general public for a fee.
Recreational Facility, Public - a recreation or
amusement facility operated by the province,
municipality, or a non-profit organization and
open to the general public.
Residence - a dwelling unit on a site.
Residential - the use of land, buildings, or
structures for human habitation.
Resort Village - the Resort Village of South Lake.
Restaurant: - means a building or part of a
building wherein food is prepared and offered for
sale to the public primarily for consumption within
the building. However, limited facilities may be
permitted to provide for a takeout food function
provided such facility is clearly secondary to the
primary restaurant use.
Retail Store - a place where goods, wares, or
merchandise are offered for sale or rent, and may
include some manufacturing of products to be
sold on site.
Right of Way - the right of way is the land set
aside for use as a roadway or utility corridor.
Rights of way are purchased prior to the
construction of a new road or utility line, and
usually enough extra land is purchased for the
purpose of providing mitigative features.
Sometimes, road rights of way are left vacant
after the initial roadway facility is constructed to
allow for future expansion.
School, Public - a facility which meets Provincial
requirements for elementary or secondary
education, and which secures the majority of its
funding from taxation.
Sign - any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a piece
of land and that identifies or advertises any
object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street, road,
thoroughfare, or any other public place.
Site - one or more contiguous lots under one
ownership and used, or intended to be used, by a
single principal use or principal building.
Site Coverage - the portion of the site that is
covered by principal and accessory buildings.
Site Line, Front - the line that divides the site from
the street. In the case of a corner site, the front
site line shall mean the line separating the
narrowest street frontage of the site from the
street.
Site Line, Rear - the line at the rear of the site and
opposite the front site line.
Site Line, Side - a site line other than a front or
rear site line.
Site Width - the horizontal distance between the
side boundaries of the site measured at a distance
from the front lot line equal to the minimum front
yard required for the district in which the site is
located.
Subdivision - a division of land as described in The
Land Titles Act.
Street - a public thoroughfare which affords the
principal means of access to the abutting
property.
Structure - anything that is erected, built or
constructed of parts joined together and
supported by the soil or any other structure
requiring a foundation to hold it erect, but not
Resort Village of South Lake Zoning Bylaw
12
including pavement, curbs, walks or open air
surfaced areas.
Use -the purpose or activity for which any land,
building, structure, or premises, or part thereof is
arranged, designed, or intended, or for which
these may be occupied or maintained.
Warehouse - a building used primarily for the
storage of goods and materials.
Waste Disposal Facility; Liquid - a facility to
accommodate any waste which contains animal,
mineral or vegetable matter in solution or
suspension, but does not include a septic system
for a single residence or farmstead, or a manure
storage area for an intensive livestock operation.
Waste Disposal Facility; Solid - a facility, 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.
Watercourse - a river, stream, creek, gully, ravine,
spring, coulee, valley floor, drainage ditch or any
other channel having a bed and sides or banks in
which water flows either permanently or
intermittently.
Watershed - the land area from which surface
runoff drains into a stream, channel, lake,
reservoir, or other body of water; also called a
drainage basin.
Wetland: land having the water table at, near, or
above the land surface or which is saturated for a
long enough period to promote wetland or
aquatic processes as indicated by hydric soils,
hydrophytes ("water loving") vegetation, and
various kinds of biological activity which are
adapted to the wet environment.
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.
Zone - a land area within the municipality,
designated on the Zoning Map for specific,
uniform development and subdivision standards
and requirements.
Resort Village of South Lake Zoning Bylaw
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Section 3 - Administration
3.1
Development Officer
3.1.1
The Resort Village Administrator or clerk shall be the Development Officer and is responsible for
the administration of this Bylaw.
3.2
Development Permit
3.2.1
Except where a particular development is specifically exempted by Section 3.4, no person shall
undertake a development or commence a use without a development permit first being
obtained.
3.2.2
A Development Permit shall not be issued in contravention of any provision of this Bylaw.
3.3
Development Permit Procedure
3.3.1
An application for a Development Permit shall be made in writing to the Development Officer in
the form prescribed by Council.
3.3.2
Where an application for a Development Permit is made for a permitted use, the Development
Officer shall issue a permit where the development is in conformity with this Bylaw and refuse
the permit where the development is not in conformity with this Bylaw.
3.3.3
Where an application for a Development Permit is made for a discretionary use, the
Development Officer shall:
a) review the application for completeness;
b) review the application for conformance with the Official Community Plan and this Bylaw
and any other applicable policies and regulations;
c) refer the application when necessary;
d) prepare a report including recommendations for conditions that may be applied to an
approval;
e) set a date for the meeting at which the application will be considered by Council;
f) provide notice for at least 7 days prior to the application being considered by Council to
the assessed owners of property within 75 metres of the boundary with the applicant
land; then
g) present the application to Council for a decision.
3.3.4
Council may approve the application with or without conditions or refuse the application.
3.3.5
The applicant of any development permit (discretionary or permitted use) shall be notified of
the decision by regular mail addressed to the applicant at the address shown on the application
form and notice of any right to appeal.
3.3.6
The notice of decision shall specify any standards or conditions, as allowed for in this Bylaw.
Resort Village of South Lake Zoning Bylaw
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3.3.7
A Development Permit is valid for a period of twelve (12) months unless otherwise stipulated
when the permit is issued.
3.4
Development Not Requiring a Permit
3.4.1
A Development Permit is not required for the following, but all other applicable provisions of
this Bylaw and the Official Community Plan are to be followed:
a) Maintenance, construction or installation of any public utility.
b) Fences less than 1.8 m (6 ft.) metres in height.
c) Accessory buildings or structures less than 9.3 sq. m (100 sq. ft.) in area.
d) Maintenance or repair of any building or structure, not including structural alterations,
such as siding or window replacement.
e) Signs which conform to Section 4.4.
3.4.2
Even though the development in Section 3.4.1 does not require a development permit from the
Resort Village, the Resort Village Office shall still be notified of any of these developments.
3.5
Minor Variance
3.5.1
The Development Officer may grant a variance of up to 10% for the minimum required distance
of a building from the lot line and/or the minimum required distance of a building to any other
building on the lot.
3.6
Referrals
3.6.1
The Development Officer may refer any or all permitted use development permit applications to
Council for review and comment.
3.6.2
Prior to making a decision on any application, the Development Officer may refer the
application to any internal or external departments for review and comment.
3.6.3
Council shall make all decisions with regards to discretionary uses, development and servicing
agreements and bylaw amendments in accordance with the procedures established in The
Planning and Development Act, 2007 and in accordance with the Official Community Plan and
this Bylaw.
3.6.4
Where deemed necessary by the Municipality, an application for a development permit may be
required to undertake additional public consultation prior to the provision of a development
permit.
3.7
Development Appeals Board
3.7.1
A Development Appeals Board of the Resort Village of South Lake shall be appointed in
accordance with Section 213 to 227 of The Act.
Resort Village of South Lake Zoning Bylaw
15
3.7.2
The Planning and Development Act, 2007 provides the right to appeal a decision made in respect
of the Zoning Bylaw in accordance with the following:
a) Where an application for a permitted use has been refused.
b) Where an application for a discretionary use has been approved with conditions or
standards - the conditions or standards may be appealed.
c) Where an application for a minor variance has been approved with or without
conditions or refused.
d) Where an order has been issued to repair or correct contraventions under a Nuisance
Bylaw, Property Maintenance Bylaw and/or Zoning Bylaw adopted under The
Municipalities Act (Sections 364 and 365 ) or The Planning and Development Act, 2007
(Section 242).
3.8 Fees
3.8.1
The fees related to the Zoning Bylaw and Official Community Plan shall be set out in the
Municipal Fees Bylaw.
3.9
Non-Conforming Uses, Non-Conforming Buildings and Non-Conforming Sites
3.9.1 Non-conforming uses, non-conforming buildings and non-conforming sites shall be subject to
Sections 88 - 93 inclusive of The Act.
3.9.2 No existing building, site or use shall be deemed to be non-conforming by reason only of the
conversion from the Imperial System of Measurement to the International System of Units (S.I.)
where such nonconformity results solely from such conversion and is reasonably equivalent to
the S.I. standard herein established.
3.10
Offences and Penalties
3.10.1 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to
the penalties of The Act.
Resort Village of South Lake Zoning Bylaw
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Section 4 - General Regulations
4.1
Licenses, Permits, and Compliance with Other Bylaws and Legislation
Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building bylaw or any other bylaw in force within the Village or law within the Province of
Saskatchewan; or from obtaining any license, permission, permit, authority, or approval
required by this or any other bylaw of the Village or any law of the Province of Saskatchewan.
Where the provisions in this Bylaw, conflict with those of any other municipal or provincial
requirements, the more stringent regulations shall prevail.
4.2
Permitted Encroachments
4.2.1
Notwithstanding the minimum depth of front yard required by this Bylaw, where a lot is situated
between two lots each of which contains a principal building which projects beyond the front
yard requirement, the front yard required for the said lot may be reduced to an average of the
two established front yards on the adjacent lots.
4.2.2
Uncovered balconies, porches, verandahs, decks and access ramps may project 1.8 m (6 ft.) into
any required front or rear yard.
4.2.3
Window sills, eaves, gutters, bay windows, chimneys and similar non-structural alterations may
project a distance of 0.6 m (2 ft.) into any required yard but not closer to a lot line than 0.15 m
(0.5 ft.).
4.2.4
Allowable encroachment shall not obstruct or jeopardize the safety of the public.
4.3
Number of Principal Buildings Permitted on a Lot
4.3.1
Not more than one principal building shall be placed on any one lot, with the exception of
schools, curling and skating rinks, recreation centres, care homes as well as multiple unit
dwellings.
4.3.2
Not more than one principal use shall be on any one lot, with the exception of public utility uses,
commercial uses in one building, and institutional uses.
4.3.3
When issuing permits for the uses allowed for in 4.3.1, the Development Officer shall advise the
applicant in writing that adherence to this Bylaw and the Provincial Subdivision Regulations will
be necessary if any future application for subdivision is made.
4.4
Signs
4.4.1
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
Resort Village of South Lake Zoning Bylaw
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4.4.2
Temporary signs not exceeding 1 square metre (10.7 square feet) advertising the sale or lease of
the property or other information relating to a temporary condition affecting the property
permitted on a temporary basis.
4.4.3
Commercial Districts, Industrial and Urban Reserve Districts:
a) No more than two permanent signs are permitted per principal use
b) The facial area of a sign may not exceed 3.5 square meters (37.67 square feet)
c) A sign may be double faced
d) No sign shall exceed 6 metres (20 feet) in total height above the ground
e) Signs advertising the principal use or the principal products offered for sale on the
premises are permitted in the case of a home based business.
4.4.4
Residential Districts:
a) One permanent sign is permitted per lot which shall not exceed 0.1 square metre (1
square foot)
b) In the case of a home based business, an additional permanent sign is permitted in a
window of a dwelling which shall not exceed 0.5 square meters (5 square feet).
4.5
Public Utilities, Pipelines, and Facilities of the Municipality
4.5.1
Public utilities and facilities of the municipality, shall be permitted uses in every zoning district,
and no minimum site area or yard requirements shall apply.
4.5.2
Where a pipeline or other utility or transportation facility will cross a municipal road, Council
may apply special design standards as it considers necessary to protect the municipal interest in
the existing and future improvements to the road.
4.6
Grading and Leveling of Sites
4.6.1
Any site proposed for development requires a Development Permit and shall be graded and
leveled at the owner's expense to provide for adequate surface drainage that does not
adversely affect adjacent property, or the stability of the land.
4.6.2
All excavations or filling shall be re-vegetated immediately after other construction activities
permit, with a suitable ground cover as may be necessary to prevent erosion.
4.6.3
Where excavation or filling is proposed for any development, development may be restricted.
Council may require the developer to provide an impact assessment report carried out by a
qualified professional prior to making a decision on the Development Permit Application.
Resort Village of South Lake Zoning Bylaw
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4.6.4
All vegetation and debris in the area to be re-graded must be removed from the site prior to site
grading and leveling.
4.6.5
All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the
regarded area, or re-located to a site approved by Council.
4.7
Restoration to a Safe Condition
Nothing in this Bylaw shall prevent the strengthening or restoration to a safe condition of any
building or structure, provided that such strengthening or restoration will not increase the
height, area or volume so as to contravene the provisions of this Bylaw.
4.8
Hazard Lands
4.8.1. No development shall take place in the floodway of the 1:500 year flood elevation of any
watercourse.
4.8.2
Flood proofing techniques shall be required for all development in the flood fringe of the 1:500
year flood elevation of any watercourse.
4.8.3
Conditions for mitigating measures for development in the flood fringe shall include the
following :
a) Services to the development shall be designed to withstand flooding
b) Drainage areas shall be protected at all times
c) There shall be no development or opening elevations allowed below the known flood
levels.
d) Engineered flood proofing techniques may be applied as conditions to development
permit applications.
4.8.4
Requirements for professional reports to assess site suitability of the hazard land shall be as per
the Official Community Plan.
4.8.6
Actions identified in any assessment prepared which prevent, change, mitigate or remedy
hazards in lands deemed hazardous may be incorporated as conditions to issuance of any
development permit that may be issued. 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.
4.9
Home Based Business
4.9.1
Home based businesses shall be located in single detached dwellings, multi-unit dwellings, or
mobile homes or in a building accessory to a dwelling.
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4.9.2
Home based businesses shall be conducted entirely within the dwelling or accessory building;
there shall be no outside storage of materials related to the home based business.
4.9.3
Other than the one permitted business sign, there shall be no exterior display, no exterior
storage or material and no other variation from the residential character of the building.
4.9.4
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference
detectable beyond the boundaries of the building containing the home based business shall be
produced.
4.10
Outdoor Storage
4.10.1 In any residential district, only outdoor storage incidental to the principal use shall be permitted.
4.10.2 No outdoor storage shall be permitted in the required front yard of any lot, but this shall not
limit the customary display of any goods permitted to be sold on the lot.
4.10.3 As a condition of development permit approval, special standards for the location, setback or
screening of any area devoted to outdoor storage may be required.
4.10.4 All machinery, building supplies, automobile parts, dismantled vehicles and similar articles shall
be stored within a building or screened so as not to be visible from a street or adjacent lots.
4.11
Parking Requirements
4.11.1 The design of parking facilities shall minimize the danger between vehicular traffic and
pedestrians.
4.11.2 Off-street parking shall be provided as follows:
Use
Parking Spaces Required
Multiple-Unit dwellings
1 for each dwelling unit
Other dwellings
1 for each dwelling
Mobile homes
1 for each mobile home
Hotels, motels
1 for each unit
Restaurants, assembly halls
1 for every 10 seats
Schools and institutions
2 for each room
Other uses
1 for each 70 sq. m of gross floor area
4.13
Recreational Facilities Requirements
4.13.1 Road access to recreational facilities shall be designed so as to not obstruct or hinder the safe
flow of traffic along major roads or highways in and around the Village.
4.13.2 Adequate off-street parking shall be provided to accommodate the parking volumes generated
by the facilities. The design of such parking facilities shall minimize the danger between
vehicular traffic and pedestrians.
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4.13.5 Potable water supply and sewage disposal systems may be required and shall satisfy municipal
and provincial standards.
4.14
Bed and Breakfast Homes
4.14.1 A bed and breakfast home may be located in a detached one unit dwelling (including a mobile
home) or in a two-unit dwelling. No exterior alterations shall be undertaken which would be
inconsistent with the residential character of the building or property.
4.14.2 The bed and breakfast operation shall be ancillary to the residential use of the property.
4.14.3 Signage shall be in accordance with Section 4.4.
4.15
Day Care Centres and Pre-Schools
4.15.1 Day care centres and pre-schools may be approved as an ancillary use or as a principal use. In
any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
4.16
Free-Standing Satellite Dishes and Solar Collectors
4.16.1 The installation and operation of a free standing satellite dish, solar collector, and their
supporting structures shall be permitted in all zoning districts, subject to the following:
a) In any District such structures shall not be located in any front yard, side yard and in the
case of a corner site, in any portion of the rear yard which is within three (3) metres of
the side property line adjacent to a flanking street unless it is screened from the flanking
street to the satisfaction of the Development Officer;
b) The height of the structure shall be at the discretion of Council and shall be based on
the material of the structure, surrounding uses, the consistency with the surrounding
lots, and the requirements of the structure to function accurately.
4.17
Development Constraints
4.17.1 Future development within the Resort Village may be limited by two main constraints:
The potential instability of valley walls and erosion, and
Flood hazard problems
4.17.2 Zoning Bylaw Maps 2 and 3 outline the areas, where these problems may occur and all lots that
fall within this area will be required to provide a geotechnical report as a condition of their
Development Permit application, to determine the suitability of the site for development.
4.17.3 Council as well as the subdivision approving authority should utilize site visits for proposed
subdivisions on land, which are identified as problem areas by the Zoning Bylaw Maps, to
Resort Village of South Lake Zoning Bylaw
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determine whether additional detailed study is required. In making this determination, Council
and the subdivision approving authority shall use their discretion in accordance with the Hazard
Land Policies (Section 6.6 and 6.7).
4.17.4 Potential Instability
a) Much of the vacant land in the Resort Village consists of old valley slump blocks which are
potentially unstable, and subject to sliding and erosion. This hazard may result in additional
development costs due to the need for a geotechnical advice in identifying suitable building
sites or designing foundations.
b) Slump prone lands have been shown on the Zoning Bylaw Maps included in this Bylaw, and
further regulations are in section 4.8 Hazard Lands.
c) The areas shown as being potentially unstable were originally identified in an air photo analysis
of the Qu'Appelle Valley, conducted by the geotechnical consulting engineering firm of J.D.
Mollard and Associates of Regina.
d) Local conditions may vary markedly, however and the slope, surface and bedrock geology and
type of development proposed must be included in the factors examined by development
proponents and Council before proceeding.
4.17.5 Flood Hazard
a) Lands adjacent to Buffalo Pound Lake may be subject to a hazard due to flooding. This hazard
includes potential inundation, damage to ice action, and damage or erosion due to wave action
during periods of high water.
b) Flood prone lands have been shown on Zoning Bylaw Maps included in Appendix "A", and
further regulations are in section 4.8 Hazard Lands.
c) Council may request such additional information from the applicant before issuing a
Development Permit for development lots or portions of lots below the 513.5m elevation.
4.18.8 Areas prohibited for Development
a) In addition to any other provisions of this Bylaw, where a proposed development is located in a
flood plain, water course or is characterized by poor drainage, erosion, steep slopes, rock
formations, slumping, subsidence or other instability, which in the opinion of the Council would
cause prohibitive costs for municipal or public works, the Council shall not be required to
recommend a subdivision for approval or to issue a development permit.
b) Where such conditions exist, the Council may require the applicant to pay for a geotechnical or
hydrological evaluation of the lot by a qualified professional consultant. If such an evaluation is
not done or having been done, the Council determines that excessive remedial or servicing
measures are necessary to safely and efficiently accommodate the proposed development, the
Council shall not be required to recommend a subdivision for approval or issue a development
permit.
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Section 5 - Zoning Districts
5.1
Classification of Zoning Districts
In order to carry out the purpose and provisions, the Village is divided into the following Zoning
Districts, the boundaries of which are shown on the "Zoning District Map". Such districts may be
referred to by the appropriate symbols.
District
Symbol
Residential
R
Commercial
C
Recreational
Rec
Urban Reserve
UR
Agriculture
AR
Special Regulatory Districts
Slump Hazard District
s
Flood Hazard District
f
5.2
The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.
_________" adopted by the Council and signed by the Mayor and Administrator, and under the
seal of the Village shall be known as the "Zoning District Map" and such map is declared to be
an integral part of this Bylaw.
5.3
Boundaries of Zoning Districts
The locations and boundaries of all Zoning Districts are shown on the maps entitled "Zoning
District Map" which are attached to, and form 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.
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Section 6 - District Schedules
6.1 R - Residential District
6.1.1
Intent
The purpose of this district is to maintain the existing low density pattern of individual
residences on large lots.
6.1.2
Permitted Uses
The following uses are permitted uses in the R1 District:
a) Single detached dwelling (including modular home)
b) Multi-unit dwelling
c) Parks, playgrounds and recreational facilities and uses
d) Community facilities
e) Community gardens
f) Public works (excluding offices, warehouses and storage yards)
g) Signs as per Section 4.4. of this Bylaw
h) Residential accessory buildings
i)
Religious uses, places of worship and cemeteries
6.1.3
Discretionary Uses
The following uses are discretionary uses in the R1 District:
a) Home based business
b) Day care centres and Pre-schools
c) Bed and Breakfast
d) Free standing satellite dishes and solar collectors
e) Dwelling groups
f) Grading and levelling of sites
g) Residential care home
6.1.4
Prohibited Uses
a) Commercial or industrial uses
6.1.5
Regulations
a) Lot area minimum:
600 sq. meters (6458 sq. ft.)
b) Lot area maximum:
81 hectares (2 acres)
c) Lot frontage, minimum for rectangular lots:
60 meters (200 ft.)
d) Lot frontage, minimum for non-rectangular lots:
30 meters (100 ft.)
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e) Minimum area of a dwelling or mobile home:
65 sq. meters (700 sq. feet)
f) Front yard minimum setback:
7.5 meters (25 feet)
g) Rear yard minimum setback for principal buildings:
6 meters (20 feet)
h) Side yard minimum setback:
1.5 meters (5 feet)
i)
Maximum height of residence:
28 feet
j)
Accessory buildings are not to exceed the height of the residential building.
k) The above requirements do not apply to parks, playgrounds and public works.
6.1.6
Criteria and Conditions for Discretionary Uses
a) Day cares centres and pre-schools shall be subject to provincial regulations.
b) Home based businesses shall be subject to Section 4.10 of this Bylaw and shall not involve
the repair or painting of vehicles or auto body work in this district.
c) The use shall not negatively change the character of the immediate area or the use and
enjoyment of adjacent lands for their existing use.
d) Appropriate access and parking shall be provided and maintained.
e) Vehicle access and egress points shall be provided in suitable locations so as to minimize
traffic congestion and possible hazards.
f) The site shall be landscaped to maintain the character and amenity of the neighbourhood.
g) Parking, storage and other non-landscaped areas associated with the discretionary use shall
be suitably screened from adjacent properties and streets.
h) Adequate receptacles for refuse and litter associated with the discretionary use shall be
supplied.
i)
No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the lot
lines, wherever possible.
j)
Council may also apply standards and conditions related to: adequate site drainage of storm
water; the location of buildings and structures with respect to buildings on adjacent
properties; and the size, shape and arrangement of buildings/structures and the placement
and arrangement of lighting and signs.
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6.2 C - Commercial District
6.2.1
Intent
The purpose of this district is to regulate and encourage commercial development in the Resort
Village of South Lake.
6.2.2
Permitted Uses
The following uses are permitted uses in the C District:
a) Offices
b) Personal service shops
c) Banks and financial institutions
d) Restaurants and taverns
e) Retail stores
f) Theatres and assembly halls
g) Service or repair shops
h) Community facilities
i)
Religious uses and places of worship
j)
Lodges for social clubs
k) Parking lots
l)
Public works
m) Signs as per Section 4.4. of this Bylaw
6.2.3
Discretionary Uses
The following uses are discretionary uses in the C District:
a) Dwelling units attached to commercial uses
b) Trade shops
c) Lumber yards and storage yards
d) Carwash
e) Commercial recreation establishments
f) Vehicle and farm machinery sales and service
g) Public garages and auto body shops
h) Service stations with or without convenience stores
i)
Free standing satellite dishes, solar collectors
j)
Hotel or motel
k) Grading and levelling of sites
6.2.4
Regulations
a) Lot area minimum:
300 square meters (5227 sq.ft.)
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b) Lot area maximum:
4046 square meters (1 acre)
c) Lot frontage minimum:
15 meters (49.2 feet)
d) Lot frontage maximum:
65 meters (213 feet)
e) Front yard minimum setback:
6 meters (20 feet)
f) Rear yard minimum setback for principal buildings:
6 meters (20 feet)
g) Rear yard minimum setback for accessory buildings:
1.2 meters (5 feet)
h) Side yard minimum setback:
1.2 meters (5 feet)
i)
The above requirements do not apply to public works
other than offices, warehouses and storage yards.
6.2.5
Criteria and Conditions for Discretionary Uses
a) All dwelling units attached to commercial uses shall have an entrance separate from that of
the commercial establishment. Dwelling units must be provided with a fire exit secondary
to the required entrance.
b) Fuel pumps and other accessory equipment for service stations shall be located at least 6 m
(20 feet) from any street, lot line or access to or from the lot.
c) All machinery, building supplies, automobile parts, dismantled vehicles and similar articles
shall be stored within a building or screened so as not to be visible from the street or
adjacent lots.
d) Appropriate access and parking shall be provided and maintained.
e) Vehicle access and egress points shall be provided in suitable locations so as to minimize
traffic congestion and possible hazards.
f) The site shall be landscaped to maintain the character and amenity of the neighbourhood.
g) Parking, storage and other non-landscaped areas associated with the discretionary use shall
be suitably screened from adjacent properties and streets.
h) Adequate receptacles for refuse and litter associated with the discretionary use shall be
supplied.
i)
No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the lot
lines, wherever possible.
j)
Council may also apply standards and conditions related to: adequate site drainage of storm
water; the location of buildings and structures with respect to buildings on adjacent
properties; and the size, shape and arrangement of buildings/structures and the placement
and arrangement of lighting and signs.
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6.3 Rec - Recreational District
6.3.1
Intent
The purpose of this district is to provide for the development of area for open space,
recreational and other uses for service to the public.
6.3.2
Permitted Uses
The following uses are permitted uses in the Recreational District:
a) Public parks, playgrounds and sports fields
b) Public marinas
c) Hiking trails
d) Beaches
e) Public utilities
f) Picnic sites
g) Boat docking and launching facilities
h) Administrative offices
i)
Institutional camps
j)
Fire halls and police stations
6.3.3
Prohibited Uses
The following uses are discretionary uses in the Recreational District:
a) Single detached dwellings
b) Mobile home
c) Commercial or industrial uses
6.3.4
Regulations
a) Minimum lot area
6458 sq ft.
b) Minimum lot frontage
30 m (100 ft.)
c) Minimum front yard
7.5m (25 ft.)
d) Minimum side yard
3m (10 ft.)
e) There are no minimum requirements for parks, playgrounds, sports fields and public works.
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6.4 UR - Urban Reserve District
6.4.1
Intent
The purpose of this district is to reserve un-subdivided and/or undeveloped lands within the
municipality for future development.
6.4.2
Permitted Uses
The following uses are permitted uses in the UR District:
a) Agricultural cropping
b) Community gardens, nurseries and greenhouses
c) Public works (excluding offices, storage yards and warehouses)
d) Natural areas
e) Signs as per Section 4.4. of this Bylaw
6.4.3
Discretionary Uses
The following uses are discretionary uses in the UR District:
a) Recreational uses including sports fields, campgrounds, parks, walking trails, golf courses
and rinks.
b) Community Facilities
c) Radio, television and telecommunications towers and facilities
d) Free standing satellite dishes and solar collectors
e) Grading and levelling of sites
6.4.4
Regulations
f) Minimum lot area
6458 sq ft.
g) Minimum lot frontage
15.24m (50 ft.)
h) Minimum front yard
7.5m (25 ft.)
i)
Minimum side yard
3m (10 ft.)
j)
Minimum area of a
dwelling or mobile home
65 sq. m (700 sq. ft. )
6.4.5
Criteria and Conditions for Discretionary Uses
a) The use shall not negatively change the character of the immediate area or the use and
enjoyment of adjacent lands for their existing use.
b) Vehicle access and egress points shall be provided in suitable locations so as to minimize
traffic congestion and possible hazards.
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c) No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the lot
lines, wherever possible.
d) Council may also apply standards and conditions related to: adequate site drainage of storm
water; the location of buildings and structures with respect to buildings on adjacent
properties; and the size, shape and arrangement of buildings/structures and the placement
and arrangement of lighting and signs.
6.4.6
Rezoning of Land
Proposed rezoning of land from UR - Urban Reserve District to another zone shall be considered
only where the rezoning would be in conformity with the Official Community Plan. The
proposed development shall constitute orderly and economic development with regard to
adjacent land uses, and future service requirements such as roads, schools and utilities. The
geotechnical suitability of proposed lots and future service requirements will also be reviewed.
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6.5 AR - Agriculture District
6.5.1
Intent
The purpose of this district is for agricultural and agricultural related developments and
subdivisions.
6.5.2
Permitted Uses
The following uses are permitted uses in the AR District:
a) Animal and poultry raising, dairy farming, field crops, grazing, ranching and other similar
uses customarily carried out in the field of general agriculture, including the sale on the
agricultural holding of any produce grown or raised on the agricultural holding, but
excluding apiaries, feedlots, green housing, hatcheries, intensive livestock and poultry
operations, kennels, market garden, mushroom farms, pregnant mare urine operations,
stables and tree and garden nurseries.
b) Cemeteries, historical and archaeological sites, institutional uses and facilities, places of
worship, wildlife and conservation management areas.
c) Existing residential uses.
6.5.3
Discretionary Uses
The following uses are discretionary uses in the AR District:
a) Agricultural related commercial uses and other similar uses:
i.
Agro-chemical facilities including agricultural chemical, bulk petroleum and fertilizer
storage facilities; grain elevators, inland grain terminals and accessory buildings;
seed cleaning and drying facilities and similar uses
ii.
Farm equipment uses including farm implement sales, service and repair uses;
machine shops and accessory structures; salvage yards; welding shops and similar
uses
iii.
Livestock facilities including abattoirs, auction facilities, commercial fish farms,
livestock assembly and brokerage yards, veterinary clinics and similar uses.
b) Airstrips, private or licensed
c) Apiaries and aviaries
d) Extraction including the expansion or development of gravel/sand pits and gravel crushing
operations
e) Farm vacation, bed-and-breakfast operations and similar uses
f) Fur farms, kennels and stables
g) Greenhouses, market garden, tree and garden nurseries
h) Light industrial uses, including warehouses which do not involve petroleum, chemical or
metal refining/processing as a principal operations
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i)
Mushroom farms
j)
Recreational uses, including boat launches, drive-in theatres, golf courses, parks and sports
fields
k) Residential uses, including single detached dwellings and mobile homes on a separate
farmstead, retirement or country residential sites
l)
One seasonal trailer on a parcel.
6.5.4
Accessory uses
Building, structures or uses secondary to the principal use and located on the same site are
permitted. Accessory uses include:
a)
Two residential single detached dwellings (including a mobile home on a permanent
foundation) are permitted as an accessory use to a principal agricultural holding (i.e the
total agricultural sites owned by an agricultural operator).
b)
Additional accessory residential single detached, duplex, semi-detached or dormitory
dwellings (including a mobile home on a permanent foundation) may be permitted to
develop on agricultural holdings at Council's discretion subject to:
i.
The residential building (s) is accessory to the agricultural operation, and
ii.
The residential building (s) is used to accommodate full-time workers engaged in the
agricultural operation, or joint owners of the agricultural site who participate on a
regular and active basis in the agricultural operation.
c)
A development permit for an accessory farm residential dwelling shall not constitute a
recommendation of subdivision approval for a separate residential site.
6.5.5
Regulations
a) Permitted Use Agricultural Site
i.
Minimum site size is the quarter section (64.8).
One quarter section, 64.8 hectares (160 acres) or equivalent, shall be the minimum
site area required to constitute a farm land holding. Equivalent shall mean 64.8
hectares (160 acres) or such a lesser amount as remains in an agricultural site
because of the registration of road widening, road right-of-way or railway plans or
pipeline development, or natural features such as streams or bodies of water, or as
a result of subdivisions, as permitted herein.
ii.
Existing registered agricultural site
Any agricultural site which does not conform to the minimum site area requirement
of 64.8 hectares (160 acres) shall be deemed conforming if it has a minimum site
area of 16.2 hectares (40 acres), provided that a registered separate title for the site
existed in the Land Titles Office prior to the coming into force of this Bylaw.
iii.
Reduced Agricultural Site Size
A reduced agricultural site below 64.8 hectares (160 acres), but not below 14.0
hectares (34.59 acres), may be permitted for the purpose of:
Farm debt restructuring
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Farmland consolidation and estate planning settlement, and
Lease-to-own options or similar situations, as per the policy statement and
subject to resolution of Council.
iv.
Landholdings in adjoining Municipalities
A person not meeting the minimum agricultural site area requirement of 64.8
hectares (160 acres) or equivalent in the municipality, but who owns land in an
adjoining rural municipality, shall qualify to meet the minimum area requirements
of this Bylaw provided that the following conditions are met:
The person is a farmer
The person is engaged in a principal agricultural use of the land and
The total farm landholding of this person within both rural municipalities is
a minimum of 64.8 hectares (160 acres) or equivalent
v.
Other uses (cemeteries, historical and archaeological sites, institutional uses and
facilities, places of worship, public utilities, wildlife and conservation management
areas)
Minimum area: no minimum
b) Discretionary Agricultural Uses
Use
Agricultural related
Commercial Use
Minimum: 2.0 hectares (5.0 acres)
Maximum: site area to be determined by
demonstrated space need necessary for a
viable principal agricultural use.
Airstrips
Minimum: 1.0 hectares (2.4 acres)
Maximum: 8.0 hectares (20 acres)
Recreational uses
Minimum: site area to be determined by
demonstrated space needs
Residential use
Council will permit one (1) separate single
detached or mobile home residential site per
64.8 hectares (160 acres)
Minimum: 0.8 hectares (2.0 acres)
Maximum: 8.0 hectares (20.0), 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 non-farm residential site, such as a
shelter belt or topographical restraints or
irregular shaped parcels.
Existing separate farm or single parcel country
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residential sites shall be deemed to be
conforming sites, and which abut an existing
public road, or which the applicant agrees to
construct or upgrade a road, at Council's
request.
All other uses
Minimum: 1.0 hectares (2.4 acres)
Maximum: site is to be determined by
demonstrated space needs necessary for a
viable principal agricultural use.
Minimum: No minimum for historical and
archaeological sites, public utilities and wildlife
and conservation area.
6.5.6
Building Set-back Requirements
a)
All buildings, structures, signs, earth and stone piles, and vegetation shall be set back a
minimum distance of:
i.
46 metres (150 feet) from the centre line of any municipal road allowance or
provincial highway
ii.
92 metres (300 feet) from any municipal road or provincial highway, or
iii.
Greater distances as required by Saskatchewan Highways and Transportation.
iv.
Side yards: 15 metres (50 feet)
v.
Rear yards: 15 metres (50 feet)
b)
To avoid undue hardship and excessive development costs, Council, at its discretion may
permit buildings, structures, signs, earth and stone piles or vegetation that existed at
the time of passage of the Zoning Bylaw, or due to existing physical circumstances
peculiar to the site, to locate closer to municipal road allowances and intersections.
However, no building or vegetation shall:
i)
be located closer than 23 metres (75 feet) to the edge of a road allowance, or
ii)
violate any provincial regulatory requirements and standards.
c) Existing development separation distances which do not meet the required separation
distance, shall be deemed conforming.
6.5.7
Criteria and Conditions for Discretionary Uses
a) The use shall not negatively change the character of the immediate area or the use and
enjoyment of adjacent lands for their existing use.
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b) Vehicle access and egress points shall be provided in suitable locations so as to minimize
traffic congestion and possible hazards.
c) No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the lot
lines, wherever possible.
d) Council may also apply standards and conditions related to: adequate site drainage of storm
water; the location of buildings and structures with respect to buildings on adjacent
properties; and the size, shape and arrangement of buildings/structures and the placement
and arrangement of lighting and signs.
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6.6 Slump Hazard Overlay District -"s"
6.6.1
Intent
To provide for orderly development and safe construction in areas subject to slope instability.
6.6.2
Application
In any district designated as slump hazard on the Zoning Bylaw Maps, all permitted or approved
discretionary uses in that district and the following permitted uses shall also be subject to the
regulations and standards of this section.
6.6.3
Permitted Uses
The following are permitted uses in addition to those in any district affected by this regulatory
district:
a) Public parks
b) Picnic sites
c) Playgrounds
6.6.4
General Regulations
a)
Notwithstanding Part IV, no excavations shall occur and no structures shall be
constructed, placed or erected on lands designated as Slump Hazard, without the
submissions of such further geotechnical information as the Council may require and
the subsequent issuance of a Development Permit. In assessing such information once
requested and submitted, the Council shall have regard to Section 4.18.8 of this Bylaw.
6.6.5 Special Development Standards
a)
The following table shows development standards which may be applied at Council's
discretion to an accessory development permit in a Slump Hazard District. The Council
shall only prescribe a more specific development standard as part of a development
permit where that standard is either based on the development standards listed or is
recommended in a report supplied to the Council by a qualified professional.
Table A
Uses
Special Development Standards
All uses in this district
Excavation size and depth; site drainage;
foundation type and subgrade preparation for
any structure; type, size and installation of sewer
and water services; landscaping, grading and
revegetation of lots.
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6.7 Flood and Erosion Hazard Overlay District -"f"
6.7.1
Intent
To provide for orderly development and to reduce potential for flood damage in areas subject to
flood hazards and shoreline erosion. In implementing the provisions of this subzone, the Council
may consult the Water Security Agency or applicable government agency for assistance.
6.7.2
Application
In any district designated as flood hazard on the Zoning District Maps, all permitted or approved
discretionary uses in that district and the following permitted uses shall also be subject to the
regulations and standards of this section.
6.7.3
Permitted Uses
The following are permitted uses in addition to those in any district affected by this regulatory
district:
a) Public parks
b) Picnic sites
c) Playgrounds
6.7.4
General Regulations
a) The bottom of the joists of the first floor or the bottom surface of the slab on grade of any
building or structure shall be above 513.5 m elevation (1684.7 ft.) above sea level.
b) No basement shall be permitted
c) No excavations shall occur and no structures shall be constructed, placed or erected on
lands designated as Flood Hazard without the submissions of such further hydrological
information as the Council may require and the subsequent issuance of a development
permit. In assessing such information once requested and submitted, the Council shall have
regard to Section 4.18.8 of this Bylaw.
6.7.5
Special Development Standards
a) The following development standards may be applied at Council's discretion to any
necessary development permit in a Flood and Erosion Hazard District. The Council shall only
prescribe a more specific development standard as part of the Development Permit where
that standard is either based on and consistent with the following development standards
recommended in a report supplied to the Council by a qualified professional.
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b) As its discretion, the Council may consider the alternate method of flood proofing described
in subsection (b) following where the regulatory features of subsection D(i) (above) would
produce either a negative visual impact or the resultant drainage would adversely affect
neighbouring land due to the flood proofing of all or part of a lot through the use of fill.
c) Alternate flood proofing method
i.
All heating plants, air conditioning and plumbing fixtures or electrical services shall be
located above the 513.5 m (1684.7 ft.) elevation.
ii.
Foundations and walls of any building or structure shall be flood proofed to a safe building
elevation of 513.5 m (1684.7 ft.) and all such plans shall be certified by a qualified
professional.
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Section 9 - Map
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