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RESORT VILLAGE OF
WAKAW LAKE
ZONING BYLAW
2024
1
RESORT VILLAGE OF WAKAW LAKE
ZONING BYLAW
BYLAW NO. 02-2024
(First Reading on March 18, 2024)
(Second and Third Reading on June 10, 2024)
(Adoption on June 10, 2024)
(Third Reading and adoption rescinded on October 21, 2021)
(Read a Third Time as amended and adopted on October 21, 2024)
Originally Prepared for
The Resort Village of Wakaw Lake
by
Joseph J Jozsa, MCIP, PPS
Original Prepared May 23, 2013
Amendments prepared 2023, 2024
Joseph J Jozsa, MCIP, PPS
Ed Brockman, Councillor
Planning Consultant
Pamela Wintringham, CAO
CanQuest Consulting Ltd.
63 Empress Drive
Regina, Saskatchewan, S4T 6M7
(306) 347-0588
[email protected]
Zoning Map Prepared May 13, 2024
Catterall & Wright
Consulting Engineers
1231 - 8th St. E.
Saskatoon SK S7H 0S5
(306) 343-7280
2
THE RESORT VILLAGE OF WAKAW LAKE
ZONING BYLAW
A Bylaw of the Resort Village of Wakaw Lake to adopt a Zoning Bylaw in accordance with The Planning
and Development Act, 2007.
The Council of the Resort Village of Wakaw Lake, in the Province of Saskatchewan, in open meeting
assembled enacts as follows:
1) In accordance with Section 34 (1) of The Planning and Development Act, 2007 the Council of
the Resort Village of Wakaw Lake adopts the Resort Village of Wakaw Lake Bylaw, identified as
Schedule "A" to this Bylaw.
2) The Mayor and the CAO of the Resort Village are hereby authorized to sign and seal Schedule
"A" which is attached to and forms part of this Bylaw.
3) Bylaw 1-2023, is hereby repealed.
4) This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
INTRODUCED AND READ a first time this 18th day of March, 2024. A.D.
READ A THIRD time this 21st day of October, 2024. A.D.
ADOPTION of this Bylaw this 21st day of October, 2024. A.D.
__________________________
MAYOR
(S E A L )
__________________________
CAO
Certified a True Copy of this Bylaw adopted by Resolution of Council
On the 21st day of October, 2024, A.D.
___________________________________
CAO
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TABLE OF CONTENTS
SECTION 1 - INTRODUCTION .
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page 7
1.1
Title
1.2
Purpose of the Zoning Bylaw
1.3
Scope
1.4
Relevance to Current Cottage Owners
1.5
Severance
1.6
Provincial Interests [see: 6.16 OCP]
SECTION 2 - ADMINISTRATION.
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page 7
2.1 DEVELOPMENT OFFICER AND PERMITS
2.1.1
Development Officer
2.1.2
Development Permits Requirements and Procedure
2.1.3
Compliance with the Development Permit
2.1.4
Development Not Requiring a Permit
2.1.5
Referral to Council
2.1.6
Referral to Department of Public Health
2.1.7
Referral to other Agencies
2.2 DISCRETIONARY USE APPLICATIONS .
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page 10
2.2.1
Application Procedure for Discretionary Use
2.2.2
Discretionary Use Evaluation Criteria
2.2.3
Terms and Conditions for Discretionary Use Approvals
2.2.4
Notice of Decision
2.2.5
Limitation on Discretionary Use Approvals
2.2.6
Conditional Discretionary Use Permits ('Granny-suite')
2.2.7
DISCRETIONARY MUNICIPPAL PERMIT for Lakeside Development and Shoreline
Structures
2.2.8
Time Limited Discretionary Use
2.3 ZONING BYLAW AND FUTURE DEVELOPMENT
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page 13
2.3.1
Amendment of the Zoning Bylaw
2.3.2
Development Appeals
2.3.3
Minor Variances
2.3.4
Hazard Lands
2.3.5
Heritage Resources
2.4 FEES AND ENFORCEMENT
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page 16
2.4.1
Register
2.4.2
Fees for Amendment of the Zoning Bylaw
2.4.3
Enforcement, Offences and Penalties
2.4.4
Licenses, Permits, and Compliance with Other Bylaws and Regulations
SECTION 3 - REGULATIONS: BUILDINGS, LOTS AND ACCESSORIES . page 16
3.1 BUILDINGS
3.1.1
Established Building Lines
3.1.2
Non-Conforming Uses, Buildings and Sites
3.1.3
Undersized Lots in Residential Districts
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3.1.4
Permitted Yard Encroachments
3.1.5
Private Garages and Carports
3.1.6
Accessory Buildings, Structures and Uses
3.1.7
Granny-Suite/Guest House
3.1.8
Temporary Residence During Construction of Principal Building
3.1.9
Number of Principal Buildings Permitted on a Site
3.1.10
Demolition of Buildings
3.1.11
Buildings to be Moved
3.2 SPECIAL PROVISIONS (discretionary uses)
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page 21
3.2.1
Bed and Breakfast Lodging
3.2.2
Convenience type store/coffee shop
3.2.3
Home Based Businesses and Home Occupations
3.3
RESIDENTIAL ACCESSORIES
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page 23
3.3.1
Satellite Dishes, Radio Towers, TV Antennas, Solar Collectors, Wind Turbines
3.3.2
Communication Towers
3.3.3
Solar Panels
3.3.4
Geothermal Facilities and Operations
3.3.5
Swimming Pools, Hot Tubs, Ornamental Ponds and Wading Pools
3.3.6
Fences
3.3.7
Outdoor Lighting
3.3.8
Recreational Vehicles on Residential Sites
3.3.9
Keeping of Animals
3.3.10
Signs
3.4
RESIDENTIAL LOTS
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page 26
3.4.1
Grading and Leveling of Lots
3.4.2
Storage in Residential District
3.4.3
Off-Street Parking
3.4.4
Retaining Walls
3.4.5
Driveways
3.4.6
Permits for Driveway Construction
3.4.7
Lot Appearance
3.4.8
Landscaping
3.4.9
Removal of Dangerous Trees
SECTION 4 - SEASONAL CAMPGROUND REGULATIONS
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page 30
4.1
Intent and Focus
4.1.1 Intent
4.1.2 Focus
4.2
Operations and Development Permit
4.3
Uses
4.3.1
Permitted Uses
4.3.1.1
Principal Uses
4.3.1.2
Accessory Uses
4.3.1.3
Ancillary Uses
4.4
Discretionary Uses
4.5
Uses not Permitted
4.6
Campground Layout
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4.6.1
Campground Layout
4.6.2
Campsite Density
4.6.3
Accessory Buildings
4.6.4
Traffic
4.6.5
Buffer Areas
4.6.6
Amenity Areas
4.6.7
Signs
4.6.8
Utility Services Requirement
4.6.9
Sewage and Solid and Liquid Waste Management
4.6.10
Washroom Facilities
4.6.11
Laundry Facilities and Guest Parking
4.7
Other
4.7.1
Non-conformities
4.7.2
General Compliance
SECTION 5 - REGULATIONS FOR LAKESIDE DEVELOPMENT AND SHORELINE
STRUCTURES
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page 35
5.1
Purpose
5.2
Shoreline and Lakeside Land Development
5.3
Development Criteria and Standards
5.3.1
Permitted temporary shoreline structure
5.3.2
Prohibited structures, developments and uses
5.4
Lakeside Development and Shoreline Structures Permits (Municipal permits)
SECTION 6 - OPEN SPACE REGULATIONS
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6.1 ACTIVITIES IN THE OPEN SPACE AREAS
6.1.1
Vehicles and Parking
6.1.2
Firearms
6.1.3
Trapping
6.1.4
Gardens
6.1.5
Camping
6.1.6
Fires
6.1.7
Pets
6.1.8
General Conduct of Persons in the Open Space Area
6.1.9
Exemptions, Offences and Penalties
6.2 MANGEMENT OF OPEN SPACE AREAS . . . . . . page 42
6.2.1
Management of Trees and Grasses
6.2.2
Dead or Deteriorating Trees
6.2.3
Tree Removal from Open Spaces and Private Lots
6.3 GROUNDWATER PROTECTION AND STORMWATER MANAGEMENT . page 43
6.3.1
Ground Water Protection
6.3.2
Storm Water Management
6.3.3
Community Involvement in Protecting Open Spaces
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SECTION 7 - ZONING DISTRICTS.
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7.1
ZONING DISTRICT MAP, HOLDING PROVISION, OVERLAY DISTRICTS
7.1.1
The Zoning Map
7.1.2
Boundaries of Zoning Districts
7.1.3 Holding Provision
7.1.4
Overlay Districts
7.1.4.1
Flood (and Safe Building Elevation)
7.1.4.2
Hillside Protection
7.2 ZONING DISTRICTS
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7.2.1
Residential Districts (R1, R2, R3)
7.2.2
Commercial District (C)
7.2.3
Recreation District (REC)
7.2.4
Conservation District (CA)
7.2.5
Storage District (S)
5.2.6
Community Services District (CS)
5.2.7
Urban Reserve District (UR)
7.3
PERMITTED AND DISCRETIONARY USES,
OTHER DISTRICT REGULATIONS
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7.4
DEVELOPMENT STANDARDS
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7.5
PROHIBITED LAND USE IN ALL ZONING DISTRICTS .
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SECTION 8 - DEFINITIONS
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page 60
SECTION 9- COMING INTO FORCE
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page 71
APPENDICES
Appendix A: Application for Development Permit, Form A and B
Appendix B: Application for Lakeside land development permits, Form C
Appendix C: Zoning District Map
Appendix D: Lot Schematics
7
SECTION 1 - INTRODUCTION
Under the authority of The Planning and Development Act, 2007 and amendments (The Act) and in
conjunction with Bylaw No 008- 2013, the Official Community Plan (OCP) of the Resort Village of
Wakaw Lake, the Council of the Resort Village of Wakaw 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 Resort Village of Wakaw Lake Zoning Bylaw.
1.2 Purpose
The purpose of this Zoning Bylaw is to control the use and development of land and to assist in
implementing the Official Community Plan (OCP) so as to provide for the health, safety, amenities
and general welfare of the residents of the Resort Village of Wakaw Lake.
1.3
Scope
All development within the limits of the Resort Village of Wakaw Lake shall be in conformity with
the provisions of this Bylaw.
1.4
Relevance to Current Cottage Owners
Any lawful use of land and any existing building (or any building lawfully under construction) that
does not conform to the regulations at the time that this Bylaw is approved, is permitted according
to Section 3.1.2.
1.5
Severance
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, the validity of the Bylaw as a
whole, or any other part, Section or provision of this Bylaw shall not be affected.
1.6
Provincial Interests
Development shall incorporate "insofar as is practical" applicable provincial land use policies and
statement of provincial interests (The Statements of Provincial Interest Regulations Chapter P-13.2
Reg 3 (effective March 29, 2012)). So far, applicable common planning interests to the province
and this Resort Village include: heritage and culture, recreation and tourism, shoreland and water
bodies, source water protection, and intermunicipal cooperation as identified in Section 1.5 of the
Official Community Plan.
SECTION 2 - ADMINISTRATION
2.1 DEVELOPMENT OFFICER AND PERMITS
2.1.1 Development Officer
Unless an other person is appointed by resolution of the Council, the Village Administrator of the
Resort Village of Wakaw Lake shall be the Development Officer responsible for the administration of
this Bylaw.
2.1.2 Development Permits
a) Except as provided in Section 2.1.4, no person shall undertake a development or commence a
use unless a development permit is obtained.
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b) A development permit cannot be issued in contravention of any of the provisions of this Bylaw
except as provided in an appeal pursuant to The Act
c) A Development Permit is not valid unless it conforms with this Bylaw and The Act.
d) The application to the Development Officer for the Development Permit shall be made in the
"Form A" as adopted or amended by resolution of Council, together with any other information
needed to assess the application in relation to the regulations of this Bylaw and shall include
the following minimum information:
i)
Name of the owner applicant or his agent, engineer, architect, or contractor
authorized in writing by the registered owner of the property
ii)
Legal description (lot, block, and registered plan number)
iii)
Existing and proposed use
iv)
Two copies of a layout or site plan indicating:
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All building and setback dimensions from the property line
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Landscaping, parking areas and driveway
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Ingress and egress from the site/property
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Proposed municipal services and locations
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Confinement of drainage to open sides of the site
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Topographic information and the 1:500 flood elevation line
v)
Council may require submission of geotechnical report as stated in Section 2.3.5
(Hazard Lands).
e) Issue of Permit -Upon completion of the review of an application for development, the
Development Officer shall:
i)
For a PERMITTED USE, issue a development permit where the application conforms
to the Zoning Bylaw, incorporating any special regulations, performance standards or
development standards authorized by this Bylaw.
i)
For a PERMITTED USE, issue a refusal, where the application does not comply with a
provision or regulation of this Bylaw. One copy of the layout or site plan shall be
returned along with the reason for refusal and advising the applicant of any right of
appeal.
ii)
The permit or notice of refusal shall be in "Form B" as adopted or amended by
resolution of Council.
f) Upon issuance of a development permit, the following additional permits may be requested;
i)
Building permit. (Building permits are not required for the construction of single
storey accessory buildings under 9.3 m2 (100 ft 2 ). Note: campsite owners do
require building permits as per Section 4.3.1.2
ii)
Demolition permit
iii)
Moving permit
No additional permit shall be issued unless a development permit, where required in this Bylaw,
has also been issued.
g) If the development or use authorized by a development permit is not commenced within twelve
(12) months from the date of issue of a permit, the permit is deemed void unless an extension
has been granted prior to its expiry.
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h) A development permit may be granted for an additional 12 month period by the Development
Officer.
i) The application to the Development Officer for a Lakeside Development and Shoreline
Structures Permit shall be made in the "Form C" as adopted or amended by resolution of
Council, together with information needed to assess the application in relation to the
regulations of this Bylaw and shall include the information outlined in Section 5 - REGULATIONS
FOR Lakeside Development and Shoreline Structures
i)
Notice of decision, and where applicable, conditions for approval shall be included on
"Form C".
2.1.3 Compliance with the Development Permit
a) It is the owner's or developer's responsibility to notify the Resort Village when the development
commences in order to ensure that development occurs in compliance with this Zoning Bylaw.
Therefore, the owner or developers shall notify the municipality when the site is marked, and
before excavation or foundations are formed.
b) Where a building permit has been granted, inspection shall be undertaken at three stages of
development:
i) Before the grading and levelling of lots (Section 3.4.1) with foundation (offsets) corner
stakeout markers in the ground (or stakeout markers) and outer limit of site clearing
(Section 6.2.3) suitably marked (colored plasic ribbons on stakes and or trees and
shrubs).
ii) Before the foundations are formed.
iii) After framing is completed.
c) Municipality shall carry out the inspection within 72 hours of the above notification(s). The
costs associated with these inspection shall be the developer's responsibility.
2.1.4 Development not Requiring a Permit
Although a development permit is not required, the owner applicant or his agent must comply with
the requirements of the applicable Zoning Bylaw and Village regulations and bylaws, for the
following,
a) The maintenance of a public utility by the Municipality or crown or private corporation,
b) The construction of a public utility by the Municipality,
c) The installation of a public utility on any street or other public right-of-way by the Municipality,
d) Any municipal facility installed and operated by the Municipality,
e) Maintenance and repairs of any building or structure that does not include structural
alterations.
f) Outdoor lighting as long as it meets the requirements of the bylaw,
g) The erection of a sign (for residential uses) which conforms to Section 3.3.10, and
h) Planting of any tree or shrubs on private property.
2.1.5 Referral to Council
Where the development officer submits a permit application to Council for interpretation of the
bylaws (Official Community Plan Bylaw or the Zoning Bylaw) or for special conditions therein, the
applicant shall be informed of the date and time of the meeting when Council will consider the
matter.
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2.1.6 Referral to Department of Public Health
A copy of all approved development permit applications involving installation of water and sanitary
services shall be forwarded to the local office of the Saskatchewan Department of Health by the
Development Officer.
2.1.7 Referral to Other Agencies
Depending on the nature of application (installation of shoreline structures), to assure compliance
with other legislation and regulations, the development officer may refer applications to other
agencies.
2.2
DISCRETIONARY USE APPLICATIONS
2.2.1 Application Procedure for Discretionary Use
a) The owner of the property (or other person with written consent of the owner) may apply to the
Development Officer for a DISCRETIONARY USE, and shall, in addition to the form prescribed in
Section 2.1.2 (d), provide a written description of the proposed development, the intended
use and operations, structures to be located on the site, required municipal services, and
provide any other information that the Development Officer and or Council determines is
necessary for Council to fully review the proposed development.
b) The Development Officer shall review the DISCRETIONARY USE application for conformance
with this Bylaw and any other applicable policies and regulations, and shall pass on the
application and all other information submitted by the applicant, with a written report on the
results of the review, to Council.
c) Council shall review the application and the report from the Development Officer and where
appropriate may request comments or information from other government agencies to assist
Council's review of the application.
d) After Council has received requested comments or information from other government
agencies, the Development Officer shall set a date, time and location for the Council meeting to
consider the application.
e) The Development Officer, pursuant to Section 55 (2) of The Planning and Development Act,
2007, shall notify the assessed owners of property within a minimum of 91 metres (250 feet) of
the boundary of the applicants property by registered mail, place notification posters on the
applicant's property, and post a notice on the Resort Village website. This public notice of
DISCRETIONARY USE application shall be given and mailed at least four (4) weeks prior to the
date of the Council meeting where the application shall be considered.
f) In addition to subsection 2.2.1 (e), an onsite notification poster shall be prepared by the
Development Officer and posted on the site by the applicant and must remain posted until the
application is considered by Council.
g) The notice of DISCRETIONARY USE application, described in subsection 2.2.1 (e), shall describe
the use applied for, the location of the use and date, along with the time and location for the
Council meeting where the application shall be considered by Council.
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2.2.2 Discretionary Use Evaluation Criteria
Council shall apply the following criteria when considering an application for DISCRETIONARY USE:
a) The proposed discretionary uses, discretionary forms of development, and associated
accessory uses must be contained within the list of discretionary uses of a zoning district.
b) Any proposed buildings and structures shall conform to the development standards and
applicable provisions of the Zoning Bylaw.
c) In the opinion of Council, the proposed discretionary use shall not create unnecessary
disturbance to abutting residential areas due to noxious or offensive emissions including gas,
vapour, odour, noise, dust, glare or light, traffic, diminished storm water management, or
threat of groundwater contamination.
d) In the opinion of Council, the proposed discretionary use will be of financial, social, and or
environmental benefit to the Resort Village.
2.2.3 Terms and Conditions for Discretionary Use Approvals
In approving a DISCRETIONARY USE application to minimize land use conflicts, Council may
prescribe specific development standards or conditions with respect to the use or form of
development related to:
a) Site drainage of storm water and groundwater protection.
b) Height, shape, arrangement and location of proposed buildings with respect to buildings on
adjacent properties and their views to the lake (See: Section 7.1.4.2 - Hillside Protection Area
overlay district ).
c) Special development standards regarding "yard requirements" to reduce conflict with
neighbouring uses.
d) Accessibility to, number of and location of off-street parking sites and loading areas.
e) Access to the site shall be from the front of the property (no access shall be allowed to the site
through any adjacent public reserve land).
f) Type of vehicles allowed for recreational uses (no construction and farm equipment shall be
allowed).
g) Type and volume of traffic and impact on traffic flows on adjacent roadways.
h) Safeguards to control noxious or offensive emissions including gas, vapour, odour, noise, dust,
glare or light, traffic, diminished storm water management, or threat of groundwater
contamination.
i) Any treatment given, as determined by Council, to aspects including landscaping, screening to
buffer adjacent properties, lighting, outdoor signs, and parking.
j) Consistency with any provincial land use policies and statements of provincial interest.
2.2.4 Notice of Decision
Council shall make a decision on a DISCRETIONARY USE APPLICATION, by resolution, that
approves or refuses the discretionary use on that site. The resolution shall instruct the
Development Officer to:
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a) Issue a development permit incorporating any specific development standards set forth by
Council, where the development shall comply with the standards of this Bylaw, subject to the
limitations of the Act.
b) Issue a development permit incorporating any specific development standards set forth by
Council, where the applicant submits an amended application so that development shall comply
with the standards of this Bylaw, subject to the limitations of the Act.
c) Issue a notice of refusal to the applicant, stating the reasons for the refusal, and advising the
applicant of any right of appeal that he or she or both may have.
d) The permit or notice shall be in "Form B" as adopted or amended by resolution of Council.
2.2.5 Limitation on Discretionary Use Approvals
a) The Council approved DISCRETIONARY USE application is valid for a period of 12 months
from the date of approval.The approval shall not be valid when the proposed use or
proposed form of development has not commenced within that time. When a prior approval
is no longer valid, the Development Officer shall advise the applicant and Council.
b) Council may direct that an extension of the DICRETIONARY permit be granted for an
additional 12 month period by the Development Officer.
c) The dicretionary use approval shall no longer be valid if:
i) An approved discretionary use form of development ceases to operate for a period of
six (6) months or more, or,
ii) The use ceased and was replaced by an other use, or
iii) The applicant applies to increase the specifically approved intensity of use.
2.2.6 Conditional Discretionary Use Permits
An application for a CONDITIONAL DISCRETIONARY USE PERMIT concerning certain accesory
buildings for secondary living quarters ('granny-suite') shall be regulated by Section 2
(Discretionary Use Application Procedure; Discretionary Use Evaluation Criteria; and Terms and
Conditions of Discretionary Use Approvals) of this Bylaw. Such a CONDITIONAL USE permit may
be issued by Council provided that:
a) There is a demonstrated need and potential for continued use of the structure for the purpose
stated.
b) No commercial or home occupation activities are conducted on the site; or the expansion of
existing bed and breakfast lodging, nor home occupation.
c) The building has an evident use of which is subordinate to that of a principal building or use
situated on the same site.
d) The accessory building shall be maintained in a compatible manner with the adjacent residential
uses and does not present a hazard to public health, safety, general welfare, and the
environment (See Section 2.2.3).
e) The Building used for the conditional use, is of a portable nature, such that it can be easily
removed when no longer needed for the conditional use for which it was permitted.
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2.2.7 DISCRETIONARY MUNICIPAL PERMIT for Lakeside Development and Shoreline
Structures
a) An application for an annual DISCRETIONARY TEMPORARY USE PERMIT (MUNICIPAL PERMIT)
for Lakeside Development and Shoreline Structures shall be regulated as described in Section 5
- Regulations for Lakeside Development and Shoreline Structures.
b) Permit process and decision criteria are described in subsection 5.4 of Section 5.
c) Council's decision (approved or not approved, and the permit) concerning Shoreline Structures
and Shorline Development shall be on "Form C".
d) Such a Municipal Permit may be issued by Council. The permit or notice of decision shall be in
"Form C" as adopted or amended by resolution of Council.
2.2.8 Time Limited Discretionary Uses
Where Council has approved a discretionary use for a limited time as provided in the Bylaw, and that
time has expired, that use of land or use of buildings on that property shall cease until such time as
Council gives a new discretionary use approval and a new development permit is issued.
2.3
ZONING BYLAW AND FUTURE DEVELOPMENT
2.3.1 Amendment of the Zoning Bylaw
a) Where a development proposal is not identified within the Bylaw as a PERMITTED or a
DISCRETIONARY USE, the development is considered prohibited.
b) In such a case, the proponent/applicant may apply, upon payment of the required fee, to the
Development Officer for a Zoning Bylaw amendment.
c) The proposed development is then presented to Council at its next council meeting for review
and decision, and should the development be deemed desirable for the municipality a resolution
shall be passed authorizing the Development Officer to prepare a draft amendment.
d) Council must then undertake steps outlined in accordance with Sections 207 - 212 of The Act
with respect to public notice and public participation in the adoption of a bylaw to amend this
Zoning Bylaw.
e) The applicant shall pay a fee equal to the cost to the municipality associated with the public
advertisement.
f) Decision criteria for Amendment of the Zoning Bylaw shall be as outlined in the Official
Community Plan under Section 3.4 - Guiding Land Use and Development Decisions.
g) If Council deems that the amendment being applied for is not in the public interest,
convenience, general welfare or in keeping with good planning practice, they shall proper notice
of their rejection of the application.
2.3.2 Development Appeals
a) Council in accordance with Sections 26 - 28 and 49 and 213 - 217 of The Act, shall appoint a
Development Appeals Board of the Resort Village of Wakaw Lake.
b) Where an application for a PERMITTED USE has been refused, the applicant shall be advised of
the right to appeal to the Development Appeals Board of the Resort Village of Wakaw Lake
pursuant to Section 219 of The Act.
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c) Where an application for a DISCRETIONARY USE or development has been approved with
prescribed development standards, the applicant shall be advised of his/her right to appeal any
development standards or conditions considered excessive, to the Development Appeals Board.
d) The applicant shall within thirty (30) days of the date of Council's approval, file a written notice
of intention to appeal to the Development Appeals Board (Section 58 of The Act).
e) There remains no appeal against the approval or denial by the Council of the DISCRETIONARY
use itself in accordance with Sections 57 and 58 of The Act.
f) When appealing to the Development Appeals Board, and hearing an appeal, the provisions of
The Act shall apply.
g) An application for a Development Permit shall be deemed to be refused when a decision
thereon is not made within forty (40) days after the receipt of the application in its complete
and final form by the Development Officer. An appeal may then be made as though the
application had been refused at the end of 40 days.
2.3.3 Minor Variances
All variances shall be subject to the conditions and procedures identified in section 60 of The Act.
a) The zoning bylaw may authorize the council or the developemnt officer to vary the
requirements of the zoning bylaw, subject to the following conditions:
b) A minor variance may be granted for the following only:
i) the minimum required diistance of a building from a lot line; and
ii) the minimum required distance of a building to any other building on the lot.
c) The maximum amount of minor variance on dimension shall not exceed 10% of the bylaw
requirement of this Zoning Bylaw and the development shall conform to the Zoning Bylaw with
respect to the use of land.
d) The relaxation of the Zoning Bylaw shall not injuriously affect neighbouring properties.
e) No minor variance shall be granted for a discretionary use or form of development, or in
connection with with an agreement to rezone pursuant to Section 69 (Contract Zoning) of The
Act; or if it would be inconsistent with any provincial land use policies or statements of
provincial interest.
f) An application for a minor variance to the Zoning Bylaw shall be made to the Development
Officer in a form prescribed by the Development Officer, and shall include the application fee.
g) On receipt of an application form for a minor variance the Development Officer may:
i) approve the minor variance;
ii) approve the minor variance and impose terms and conditions on the approval; or
iii) deny the minor variance.
h) Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Zoning Bylaw.
i) If a minor variance is approved, with or without terms and conditions, the Development Officer
shall provide written notice to the applicant and and to the assessed owners of property having
a common boundary with the applicant's land that is the subject of the approval.
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j) The written notice shall contain:
i) a summary of the aplication for minor variance;
ii) reasons for and an effective date of the decision;
iii) indicate to an adjoining owner has 20 days after the receipt of the notice to lodge a
written objection with the Council or the Development Officer, which when received will
result in the approval of the minor variance being revoked; and
iv) where there is an objection and the approval is revoked, the applicant shall be notified
of the right to appeal to the Development Appeals Board by registered mail or by
personal services.
k) A decision approving a minor variance, with or without terms and coditions, does not take effect
until 23 days from the date of notice was sent by registered mail; or 20 days from the date of
notice was served by personal services.
l) If an assessed owner of a poperty having a common boundary with the applicant's land objects
in writing to the Development Officer within the period prescribed in section 10) above, the
approval is deemed revoked and the Development Officer shall notify the applicant in writing:
of the revocation of approval; and
of the applicant's right to appeal the revocation to the Development Appeals Board within 30
days after receiving the notice.
m) If an application for a minor variance is refused or approved with terms and conditions, the
applicant may appeal to the Development Appeals Board within 30 days after the date of that
decision.
n) A registry of the granting of all such variances, with location and all details, shall be maintained
by the development officer.
2.3.4 Hazard Lands
a) Where, in the opinion of Council, a proposed development or subdivision is located on land
considered to be potentially hazardous, including but not limited to flooding, spring outcrops,
hillsides prone to slumping, earth movement or other instability or is otherwise unsuitable or
hazardous for the proposed use, or where, owing to bad natural drainage, steep slopes, or
other similar features, soft soils, and shore land erosion, Council may require that before a
development permit may be issued, the applicant shall submit a geotechnical report on the
proposed development to be completed and approved by a Registered Professional Geotechnical
Engineer in the Province of Saskatchewan.
b) The report must assess the hazard land, indicate the suitability of the land or lots for
development with respect to the following where relevant:
i)
A suitable topographic map of the proposed area of development and elevation of the
development;
ii)
The potential for flooding up to a 1 in 500 flood elevation involving a buillding (See:
Section 7.1.4.1 Safe Building Elevation), or where not involving a building, a lower
elevation for the proposed use. ;
i)
The potential for slope instability, shoreline recession, soil erosion, safe building sites, or
the potential for irreparable alteration of the natural resource base;
ii)
The suitability of the land for the proposed development or subdivision of land;
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iii)
Proposed action for mitigation such as hazard avoidance, prevention, mitigation or other
measures that may be specified as conditions in the development permit.
c) 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 costs of
municipal services or in problems related to managing such services.
2.3.5 Heritage Resources
Saskatchewan Heritage Resources Branch has indicated a high potential exists for unrecorded
archaeological sites in SW 26-42-26-W2 and on similar terrain in close proximity to the lake.
Should future developments be planned for this area, the Resort Village must submit detailed
construction plans to the Heritage Branch for additional screening.
2.4
FEES AND ENFORCEMENT
2.4.1 Register
The Development Officer shall maintain a register of records of all permits issued pursuant to this
Bylaw, along with discretionary use applications received, approved, and denied.
2.4.2 Fees for Amendment of the Zoning Bylaw
Where a person requests Council to amend the Zoning Bylaw that person shall pay to the Resort
Village of Wakaw Lake a fee equal to the costs associated with the administration and the public
advertisement of the proposed amendment in accordance with the Zoning Administration Fee
Bylaw.
2.4.3 Enforcement, Offences and Penalties
a) Inspection may be carried out by the Development officer as set out in Section 242 of The Act.
b) Any person who contravenes or refuses or neglects to comply with this Zoning Bylaw is guilty of
an offence and liable on summary conviction to the penalties as provided for in Section 243 of
The Act.
2.4.4 Licenses, Permits, and Compliance with Other Bylaws
a) Development must comply with the provisions of this Bylaw, whether or not a permit has been
issued for the development.
b) 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 Resort Village of Wakaw Lake or from
obtaining any license, permission, permit, authority or approval required by this or any other
bylaw of the Resort Village of Wakaw Lake.
c) Where provisions in this Bylaw conflict with those of any other municipal, provincial or federal
regulations, the higher or more stringent regulations shall prevail.
SECTION 3 - REGULATIONS: BUILDINGS, LOTS AND ACCESSORIES
3.1
Buildings
3.1.1 Established Building Lines
a) Concerning existing buildings, where a building has been in place before the effective date of
this bylaw and does not meet the minimum setback requirements, refer to Section 3.1.2.
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b) Concerning new construction, where a front building line in a residential district has been
established by existing buildings in a block of abutting lots and is less than the specified front
yard requirement, the required front yard may be reduced by Council for NEW CONSTRUCTION
according to the following principles:
i) Where the new building is to be constructed on a corner site, it shall not be located
further into the required front yard than a legal principal building on the abutting interior
site.
ii) Where the building is to be constructed on an interior site it shall not be constructed
further into the required front yard than the average of the encroachments of principal
buildings into the required front yard in a block.
3.1.2 Non-Conforming Uses, Buildings and Sites
Any lawful use of land, an existing building, or of any building lawfully under construction that do
not conform to these regulations at the time this Bylaw is approved shall be permitted and
regulated, subject to Sections 88 - 93 inclusive of The Act.
a) The adoption or amendment of this Bylaw does not affect any non-conforming building, non-
conforming use, or non-conforming site.
b) Continuation of non-conforming use or intensity of use, either permitted or discretionary, may
be continued if the use conformed to the Bylaw that was in effect at the time of the
development and has not been discontinued for 12 consecutive months, and any future use of
the land or building must conform to any current zoning bylaw.
c) A non-conforming use must not be increased in intensity, area, or volume within a building, or
on the parcel it occupies, nor relocated in a building, moved to any other location, or moved to
another portion of the parcel on which it is located except where such action will bring the use
into conformity with this Bylaw.
d) Structural alterations may only be made to a building or the part of a building where the use is
conforming.
For the purposes of this section, repairs, maintenance or installations that do not alter the size
of the building or involve the rearrangement or replacement of structural supporting elements
are not considered to be structural alterations. Section 90-4 of The Act
e) Non-conformity of a building or site may continue to be used, maintained and repaired in their
present form.
f) If the cost of repair is more than 75% of the construction cost to replace the damaged non-
conforming building above its foundation, the building is to be repaired in accordance with the
zoning bylaw.
g) The use of land or the use of building is not affected by the change or intended change of
ownership, tenancy, or occupancy of the land or building.
h) Where an existing structure or lot falls into non-conformity by reason of conversion from the
Imperial System of Measurement to the Metric System of Measurement solely from such
change, such existing structure or lot shall not be deemed non-conforming.
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3.1.3 Undersized Lots in Residential Districts
Undersized lots still in force prior to the passing of this bylaw, having less than the minimum
frontage, yard setbacks, or less than the minimum site area required by the Zoning Bylaw for R -1
Residential District, may be used for a purpose permitted in the zone in which the site is located
provided that all other applicable provisions of the Official Community Plan and Zoning Bylaw are
complied with.
3.1.4 Permitted Yard Encroachments
Where a minimum distance, called setback, is required between the principal dwelling or an
accessory structure and the lot line in any district, the following features may project into a
required yard setback:
a) Encroachments into any yard setback may be permitted for the construction of a chimney,
windowsill, cornice, or roof overhang that does not exceed 0.46 m (1.5 ft) in any size or any
sidewalk, uncovered driveway, fence, garden or pond.
b) The construction of access ramps, lifts, and so on for the disabled or uncovered balconies,
porches, verrandahs and decks having a maximum projection of 1.8 m (6 ft) into the rear or
front yard setback may be permitted.
c) Uncovered decks that are less than .61m (2ft) in height may project .91m (3ft) into the side
yard setback, or 1.22m (4ft) into the side yard setback upon approval of a variance permit
application to Council.
d) In addition to the above, uncovered decks that are less than .61m (2ft) in height may project
1.5 (5ft) into the side yard setback if the property line is adjacent to a public access (Recreation
District REC)
3.1.5 Private Garages and Carports
a) Private garages, carports and accessory buildings attached to the principal building or structure
by a substantial roof structure shall be considered as part of the principal building or structure
and subject to the regulations governing the principal building or structure.
3.1.6 Accessory Buildings, Structures and Uses
a) An accessory use is a building, structure or activity, which is incidental to the principal use or
activity conducted and located on the same site as the principal building or use, and used in
conjunction with that principal use.
b) Accessory buildings shall be single story in height, except as otherwise noted.
c) Permit requirement for accessory structures:
Size of accessory structure
Requirements
Under 9.3 m2 (100 ft2) of floor area.
Development permit required.
9.3 m2 or larger
Development & Building permit
required.
NOTE:
-
The total floor area of all accessory buildings shall not exceed 10% of the
site area.
-
Only one dwelling unit, the principal dwelling unit is permitted on the site.
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d) Anchored membrane covered structures (example: canopy covered carports, canvass or tent
garages) must be maintained in good repair. Ripped canvass, bent structures must be
removed.
e) No accessory use or structure shall be developed without a development permit issued pursuant
to SECTION 2 (Administration).
f) No accessory building or structure shall be constructed, erected or moved onto any site prior to
the time of construction of the principal dwelling to which it is accessory, except as follows:
Following the issuance of a development and building permit for a principal building, provided
that the principal use is being carried out on the site/parcel, Council may, at its discretion, allow
prior construction of an accessory building required for the storage of equipment and
construction material.
The building permit for the accessory building is only valid for the duration of the building
permit for the principle dwelling. If in the required time period the principle building is not
completed, the accessory building is to be removed.
g) A development permit may be issues for up to four (4) accessory buildings, only two of which
meet the requirements for an additional building permit, (one of wich may be a discretionary
'granny-suite' per section 3.1.6 'Granny-Suite'/Guest House) and/or structures, if the sum of
all units are not greater than the principal dwelling, and within the total maximum site coverage
(foot-print).
h) In no case shall a detached accessory building have a greater floor area than the principal
dwelling unit.
i) In no case shall a discretionary use permit (example: granny-suite/guest house) be issued for a
detached accessory building, other than for a garage, if a discretionary permit has been issued
for home based business, home occupation, or bed and breakfast lodging.
i) Except as specifically provided in this Bylaw, accessory buildings shall comply with the yard
requirements for a principal building. Any building located less than 0.9 m (3 ft) from a
principal building (edge of roof) shall comply with all the minimum yard requirements of the
principal building.
j) The building style and exterior appearance of detached accessory buildings and structures
shall be compatible with the principal building on the site. The determination of compatibility
shall be made by the Building Inspector for the Development Officer. If the proposal is
determined not compatible, the applicant may appeal to Council pursuant to Section 2.3.3
(Development Appeals).
k) No accessory building or any portion of it shall be built or located in a required front yard of any
parcel.
l) A clearance of 0.9 m (3 ft) or more shall be maintained between an accessory building(from
the roof line) and any other buildings on the site.
m) No accessory building, structure, or accessory use facility in a rear yard shall be located less
than 1.5 m (5 ft) from the side lot line or rear lot line.
n) Decks attached to the principal or accessory building that are higher than .61 m (2ft), or
support an enclosed structure with a roof, are considered part of the principal or accessory
building and must follow the setback requirements of the principal or accessory buildng and the
National Building Code of Canada.
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o) Free standing decks are considered an accessory building and must follow the setback
requirements.
3.1.7 'Granny-Suite'/Guest House
a) Council may allow, as a discretionary (conditional) use, only one accessory dwelling unit
('granny-suite'/guest house) containing secondary living quarters for use by family and guests
as under the following conditions:
v) Such structure (unit), shall not be greater than 28 m2 (300 ft2) or the principal dwelling,
may be attached to the primary dwelling or may be located at the side or back of the
principal dwelling, or as an attic on top of a garage.
v) Such structure(s) as secondary living quarters, with toilet and bathroom sink, will not be
a self-contained unit with kitchen and/or bath facilities.
v) As per 3.1.6 (j) - the building style, height, and exterior appearance shall be compatible
with the principal building.
v) It can be established, following Section 54, 55, and 56 of The Planning and Development
Act, 2007 that regarding the secondary living quarter there will be no conflicting land
use issues with surrounding properties and the enjoyment of area residents and off
street parking will be on the private site.
v) It shall not be used as bed and breakfast lodging, nor as home-based business, or other
unauthorized uses.
ALSO NOTE THE FOLLOWING:
The combined floor area of the principal dwelling and all the accessory
buildings and structures shall not exceed 30% of the site area in the hs -
hillside overlay district, and not exceed 40% outside the hs - overlay district.
3.1.8 Temporary Residence During Construction of Principal Building
a) A trailer/motor home or other acceptable structures may be used as temporary residence by
the inhabitants with the permission of Council, after issuance of a temporary structure permit
by the Development Officer, while a permitted principal dwelling is under construction or
reconstruction.
b) Septic facilities (holding tank for pump-out) must be provided for the temporary residence if it
is to be occupied during construction of the permanent building. All liquid waste must be
disposed of into the septic facilities.
c) The permission for temporary residence to live in a trailer/ motor home or other structure shall
expire with the expiration of the principal building permit or sooner upon completion of the
permanent building.
d) Construction waste must be taken outside the Resort Village to an officially approved dumpsite.
3.1.9 Number of Principal Buildings Permitted on a Site
a) Not more than one principal use shall be established and not more than one principal building
(dwelling) shall be placed on any one site except for:
i)
Public utility uses
ii)
Village (institutional) uses
iii)
Approved groups of buildings such as a community centre, recreation buildings,
iv)
Waste management depots
v) Ancillary uses as specifically provided for in this bylaw.
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b) In the case of a discretionary use, Council may designate which of the several buildings shall be
deemed to be the principal building.
3.1.10 Demolition of Buildings
No building shall be demolished within the area covered by this Bylaw without obtaining a
demolition permit. A demolition permit shall be granted where all requirements of the Building
Bylaw are met.
3.1.11 Building to be Moved
No building shall be moved within or into the area covered by this Bylaw without first obtaining a
development permit, subject to the standards required for new construction, and to obtaining any
other required municipal or provincial permit.
3.2
SPECIAL PROVISIONS
3.2.1 Bed and Breakfast Lodging
Council may establish standards limiting any accessory activities as a condition of issuing a
DISCRETIONARY USE permit. Where Bed and Breakfast lodging is allowed as a DISCRETIONARY
USE in a Residential District, it shall be:
a) Located in, and ancillary to, a single detached dwelling used as the operator's principal
residence.
b) Licensed by provincial regulatory agencies (The Public Health Act and The Public
Accommodation Regulations, The Public Eating Establishment Regulations, and meet the
requirements of the Fire Commissioner) as required.
c) Limited to a maximum of two thirds of the number of bedrooms for guest bedrooms,
d) Permitted only where a mainimum of a one (1) off-street parking space is provided for each
lodging room.
e) Allowed to provide one non-illuminated window or wall sign having a maximum facial area of
0.19 square meters (2 square feet) advertising the bed and breakfast lodging.
f) Obtained a business license from the village.
3.2.2 Convenience Type Store/Coffee Shop
Council may establish standards limiting any accessory activities as a condition of issuing a
DISCRETIONARY USE permit, where Convenience Type Store/Coffee Shop is allowed as a
DISCRETIONARY USE in a Residential District, it shall be:
a) Located in, and ancillary to, a single detached dwelling used as the operator's principal
residence.
b) Licensed by provincial regulatory agencies (The Public Health Act and The Public
Accommodation Regulations, The Public Eating Establishment Regulations, and meet the
requirements of the Fire Commissioner) as required. According to the Official Community Plan,
sale of liquor shall not be allowed.
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c) Limited to a maximum of half the number of habitable rooms, without structural alteration, for
Convenience Type Store/Coffee Shop use.
d) Permitted only where a minimum of one (1) off-street parking space is provided for each 4
seats in a coffee shop.
e) Allowed to provide one non-illuminated window or wall sign having a maximum facial area of
0.19 square meters (2 square feet) advertising the coffee shop.
f) Signage of such establishment shall not show visible evidence from any street and from the
highway within the Resort Village of their commercial character, which would attract customers
other than residents of the Resort Village.
g) Obtained a business license from the village.
3.2.3 Home-Based Businesses and Home Occupation
Home-Based Businesses, where allowed as a DISCRETIONARY USE in a residential district, shall be
subject to the following development standards:
a) The use is clearly secondary and ancillary to the residential use of the property.
b) The business is owned and operated by the owner of the dwelling unit.
c) The permitted use shall be valid only during the period of time the property is occupied for
residential purposes by the business owner.
d) Home-based businesses shall not cause a variation in the residential character and appearance
of the dwelling, accessory building, or land.
e) Home-based businesses shall not create any conflict with the residential area in terms of
emission of noise, ground vibration, glare, dust, odor, toxic or noxious matter or vapors, radio
interference, or disturbance which is evident outside the dwelling unit.
f) The Home-based Business and/or Home occupation will not require the construction of an
additional building or other structure.
g) The home-based businesses shall be conducted entirely indoors and there shall be no exterior
storage on the site in relation to the home occupation.
h) Except for one permitted sign in the window or on the wall, home-based businesses shall not
have any signs or visual devices displayed, to advertise business, notice of sale, exterior display
of goods or services, outdoor storage of materials, or exterior variation from the residential
character of the residence or its accessory building.
i) Home-based businesses shall not result in undue increase in traffic or parking requirements in
the residential area.
j) No more than 25% of the gross floor area of the principal building shall be used for Home-
Based Businesses and Home Occupation.
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k) All permits issued for home occupations 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. Where a permit is revoked the use shall cease
immediately.
l) The discretionary use approval for a home-based business shall cease to be valid when the
operation ceases in accordance with Section 2 (Limitations on Discretionary Use Approvals), or
where the operator issued the home occupation relocates.
3.3 RESIDENTIAL ACCESSORIES
3.3.1 Satellite Dishes, Radio Towers, TV Antennas, Solar Collectors, Wind Turbines
a) Without blocking of view from neighbor's property, the installation and operation of a satellite
dish, radio tower, television antenna, or solar collector (and their supporting structure) shall be
permitted not less than 1.5 m (5 ft) from the plot line in the front, side and rear yards along
the escarpment (hs - overlay district) and not in the front yard elsewhere.
b) Wind turbines shall not be permitted in the Resort Village in light of anticipated problems such
as: interference with residents' peace and quiet, shadow flicker that occurs when the sun and
rotating blades align, risk to neighbouring persons and property from structural failures, visual
dominance and potential ice throw from ice build up, along with their hazard for birds and bats.
3.3.2 Communication Towers
a) Communication (cellular) towers shall be permitted as a DISCRETIONARY USE and shall be not
closer than 100 metres from any residential district/area.
b) The owner of a communication tower may be required to enter into a road maintenace
agreement with the Resort Village of Wakaw Lake.
3.3.3 Solar Panels
a) On any residential site/area solar panels/collectors will require an accessory use permit if the
solar panel:
i) is more than 5 m2 (54 ft2) in combined area and is installed on a building; or,
ii) designed to provide hot water; or,
iii) designed to provide supplementary heating, or
iv) the weight of the panel and snow and wind load exceeds the structural capacity of the
roof/wall of the building. Designer qualifications are required, either by a professional
engineer or by a registered building designer qualified in Building Structural.
b) Roof mounted solar panels are allowed as surface layer of roof (solar shingles) with no change
in relief or roof projection on any roof elevation.
c) Vertical projection (elevation) will be limited to 1.5 m (5 ft) above the roofline.
d) Ground mounted panel in residential areas shall be limited to rear yard placement, 1.5 m (5ft)
from rear or side property line and shall not exceed 1 m (3 ft) to 2 m (6 ft) above grade level.
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e) If attached to or erected upon an accessory building in any district, the solar collector shall not
exceed the maximum permitted height of the accessory building.
f) Council may impose additional regulatory conditions to protect the public health, safety and
welfare and the property of residents.
3.3.4 Geothermal Facilities and Operations may be approved by Council as a DISCRETIONARY
USE (Limited information on groundwater geology), if
a) CSA/UL approved equipment and an approved methanol or other suitable solution will be used;
b) Zoning requirements for an accessory or ancillary building or structure are met;
c) Adequate setback distance from neighboring properties to limit the impacts in the event of
system failure;
d) A professional geohydrological report, based evaluation of on-site conditions (aquifer), shows
that the underground installation (vertical or horizontal ground loop system) will not enter the
artesian aquifers and the installation poses no risk of cross contamination of the aquifer from
drilling or system failure;
e) Installation is by a certified and bonded contractor; and
f) Contractor must control drill mud on-site, and from entering the drainage and the lake.
g) Contractor shall be liable for the cleanup of project area and environmental on-site and off-site
contamination.
h) The DISCRETIONARY USE APPLICANT shall monitor the operation, have a qualified service
professional annually check the system, and keep a log for inspection by the authorities.
3.3.5 Swimming Pools, Hot Tubs, Ornamental Ponds, and Wading Pools
a) The installation of a swimming pool requires a development and building permit. Any
development without the approval of the council is prohibited. To mitigate the risk of lake water
contamination from the release of pool water as well as for soil load on hillside, swimming pool
development must meet the following requirements:
i) The swimming pool must carry a Canadian Standards certification.
ii) The swimming pool must meet setback requirements.
iii) The required permits are obtained for all the electrical, plumbing, and related gas
connections and heating work.
iv) The swimming pool is intalled and operated according to manufacturer's specification.
v) All drain and backwash lines are connected to the plumbing system (holding tank) to avoid
a groundwater and lake contamination event.
vi) Safety features must be in place such as child proof fencing.
viii)As these installations in exterior yard areas might pose a hazard, the area should be
inaccessible when not in use or enclosed within a non-climbable fence not less than 5 ft
(1.52 metres) and not more than 6 ft (1.83 metres) in height with self-latching gates.
xi) The development Officer may require for council a geotechnical report on the proposed
development as outlined in Section 2.3.5 (Hazard Lands).
b) Hot tubs and saunas require a development permit and must meet the following requirements:
i) If the hot tub (jacuzzi) is not placed directly on the ground or a concrete foundation the
supporting structure will require a building permit.
25
ii) The hot tub must carry a Canadian Standards certification.
iii) The hot tub must meet setback requirements.
iv) The required permits are obtained for all the electrical, plumbing, and related gas
connections and heating work.
v) The hot tub is intalled and operated according to manufacturer's specification.
vi) All drain and backwash lines are connected to the plumbing system (septic tank) to avoid a
groundwater and lake contamination event.
vii) Safety features must be in place such as child proof fencing and/or a locked tub cover.
viii) As these installations in exterior yard areas might pose a hazard, the area should be
inaccessible when not in use or enclosed within a non-climbable fence not less than 5 ft
(1.52 metres) and not more than 6 ft (1.83 metres) in height with self-latching gates.
c) These bylaw shall not void any electrical, plumbing and gas requirements for Swimming Pools,
Hot Tubs, Ornamental Ponds, and Wading Pools by any other jurisdiction.
d) Landscape and Ornamental ponds shall be permitted. Safety features as recommended by the
manufacturer must be in place.
e) Wading pools, constructed or prefabricated pool used for wading which is less than 60.96 cm
(24 inches) in depth shall be permitted. Manufacturer's recommened safety features must be
in place.
3.3.6
Fences
No wall, or fence, shall, unless otherwise permitted, be erected to a greater height than:
a) 1.83 meter (6 feet) above grade level in any required side and rear yard.
b) 1.22 metres (4 feet) above grade level in any required front yard.
3.3.7 Outdoor Lighting
a)
Outdoor lighting fixture shall be oriented in such a way that any illumination from them is
deflected away from any adjacent residential properties.
3.3.8 Recreation Vehicles on Residential Lots
a) A maximum of one recreational vehicle/trailer coach (excluding boat trailers, snowmobiles,
ATVs) is permitted to be stored on a lot
b) The recreation vehicle may not be used for permanent human habitation or for commercial use.
c) The recreation vehicle may be occupied subject to the following:
i) It is for the exclusive use of non-paying guests of the occupant of the principal dwelling
ii) It is only occupied when the principal dwelling is occupied.
d) If the recreation vehicle has a sink, shower, or water closet, it must have a self contained septic
holding tank (and the effluent must be hauled to an approved disposal site orlagoon) or be
connected to an on-site septic holding tank on the same residential lot.
3.3.9 Keeping of Animals
a) The keeping of livestock shall be prohibited in the Resort Village.
b) The keeping of household animals under the control of the residents shall be permitted in
residential zones, and may be regulated by Council.
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3.3.10 Signs
Each cottage shall display to the street side a numbered civic address sign, provided by the village,
to help in the event of emergency such as fire, ambulance or police.
a) No more than one permanent sign is permitted on each end of a property.
b) Signs shall shall not project over property lines.
c) A sign located in a street sight triangle or a driveway sight triangle shall be less than 0.75 m
above grade at its top or shall be at least 2.5 m above grade at its lower edge, so as to not
obstruct a vehicle's view.
d) No backlit signs shall be permitted except those displaying a property address.
e) For signs on home-based businesses, see Section 3.2.2.
f) Billboards are prohibited in the Resort Village.
g) Exceptions shall include:
i) Temporary signs for the sale of property or during construction,
ii) Election signs during the period of an election campaign, and 7 days thereafter,
iii) Construction signs, located on the site of the construction to which they refer
3.4
RESIDENTIAL LOTS
3.4.1 Grading and Levelling of Lots
a) In the interest of protecting the health, safety, and property of residents in the Resort Village,
to minimize the loss of natural vegetation as a cost-effective approach to control erosion and
sedimentation, flooding, and managing stormwater runoff from development sites, streets, and
parking areas, Council shall regulate combined clearing and grading activities by:
i) Requiring a special permit (development permit) for clearing and grading of subdivision and
site development projects; and,
ii) Indicating on a site plan that subdivision/site/building site design shall preserve natural
topography outside of the development footprint to reduce unnecessary land disturbance
and to preserve natural drainage channels/swales in the subdivision, or on the site.
iii) Where excavation or filling is proposed for any development, such development may be
restricted. Council may require the developer to provide an impact statement report carried
out by a qualified professional prior to making a decision on the Development Permit
Application.
iv) Removal of trees and shrubs shall comply with Section 6.2.3
v) All vegetation and debris in the area to be re-graded must be removed from the site prior
to site grading and leveling.
vi) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced
on the re-graded area, or re-located to a site approved by Council.
vii) All excavations or filling and disturbed areas shall be re-vegetated immediately after other
construction activities permit, with suitable ground cover as may be necessary to prevent
erosion. Drought tolerant grass, plants, shrubs, and trees suitable for the prairies are
preferred.
viii) As a condition of a development permit, Council may require adequate erosion and
sedimentation controls such as temporary or permanent berms, ripraps, grassed
waterways/swales or other controls and measures.
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ix) Erosion control and sedimentation measures, depending on site conditions, may include the
use of erosion control matting, filter fabric, mulches and other measures as well as
temporary or permanent cover crops.
x) The applicant shall conduct on-site weekly inspection of all erosion and sedimentation control
measures to ensure proper functioning as well as after severe storm events.
b) Where excavation or filling is proposed for any development in a cautionary flood hazard land
overlay zone, the Council may request the comments of the Saskatchewan Water Security
Agency or require the applicant to provide such further geotechnical information as the Resort
Village of Wakaw Lake may require prior to making a decision on the Development Permit
application.
c) Any lot proposed for development shall be graded and levelled at the owner's expense to
provide for adequate surface drainage.
d) The drainage of a lot shall not adversely effect adjacent property.
3.4.2 Storage in Residential District
In any residential district:
a) Only outdoor storage incidental to the principal use shall be permitted in any residential district.
b) No yard shall be used for storage or collection of hazardous material.
c) No outdoor storage shall be permitted in the required front yard of any residential site.
d) Unlicensed or seasonal vehicles may be stored on a lot provided a tarp is securely covering the
entire vehicle.
e) Outdoor storage of partially dismantled or inoperative vehicles is not permitted.
f) No yard shall be used for the storage of machinery not normally used for the maintenance of
the residential property.
3.4.3 Off-Street Parking
a) Every parcel (lot) shall be accessible from a street according to Section 16 (10), The
Subdivision Regulations.
b) No person within any District shall erect, enlarge, substantially alter, or extend any building
permitted under this Bylaw, unless the required off-street parking spaces are provided on the
same lot in accordance with the table below and associated regulations:
Use
Space required
Dwelling (also existing mobile homes)
1 per dwelling unit
Home based businesses
1 per non-resident employee
Auditoriums, theatres, churches and
other places of public assembly
1 for each 10 seats
Other Institutional buildings
1 for each 10 m2 (107 ft2) of gross floor
area
Restaurants, licensed beverage
1 for each 4 seats lounges, licensed rooms
Retail. confectionary stores
1 for each 14 m2 (150 ft2)
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c) Pursuant to the Planning and Development Act, the Council may exempt any person who
constructs a new building or structure permitted in the C -Commercial District from the
requirement of providing the off-street parking facilities where, in lieu thereof, he/she pays or
agrees to pay the Council the sum of money calculated by multiplying the number of off-street
parking spaces that would otherwise be required by an assessment of $2500 times the general
mill rate for that year and that the entire payment in lieu thereof shall be adequate for the
duration of the existence of the building on the site.
d) A parking space shall be a minimum of 9 feet (2.74 metres) by 20 feet (6.10 metres).
e) Parking spaces within the front yard area shall not occupy more than 50% of the area of the
front yard in residential districts.
3.4.4 Retaining walls
a) Retaining walls shall not be built at zero setbacks (at the site line).
b) Retaining walls on a subject property, to raise the grade, on residential lots must not exceed a
height of 1 m (3.3 ft) measured from natural grade on the lower side and set back from
property line at least 1 m (3.3 ft), and for multiple retaining walls at least 1 m (3.3 ft)
horizontal separation is between retaining walls.
c) The resulting slopes shall be revegetated using drought resistant vegetation. Drought tolerant
grass, plants, shrubs, and trees suitable for the prairies are preferred.
d) Wood treated with creosote (railway ties) or pentachlorophenol, or the use of materials such as
asphalt and old tires shall not be allowed in construction of retaining walls to avoid risk of
groundwater and lake contamination.
3.4.5 Driveways
a) Driveway approaches shall be constructed:
i.
At 90 degrees to the village road centre line,
ii.
With a top width not greater than 20 feet (6.10 meters) for driveway approach,
iii.
Sloped away from the village road so run-off shall not go on the road and shoulder.
b) Driveway approaches shall be constructed with sufficient slopes to not allow water from the
driveway to enter the road.
c) If a culvert is required, to convey the full flow of water from existing drainage swales (drainage
ditches) and the additional water from the driveway, the culvert size will be specified in the
driveway permit.
d) Material from the village road right-of-way shall not be used for the construction of the
driveway and approach.
e) The approach shall be constructed with no resulting damage to the road shoulder/driving
surface.
f) All season safe sight distance at the posted speed limit is required in each direction from the
driveway approach.
g) Regarding existing driveways:
i)
Re-gravelling existing driveways is considered maintenance.
ii)
Existing driveways shall be brought into compliance at the earliest when:
-
Substantial improvements are made to the existing driveway, for example if the
owner replaces any part of an existing driveway.
-
Any widening of the travel width, raising the height of the driveway, and/or
resurfacing shall be in accordance with the above provisions (in hillside overlay
areas, graveled driveways are preferred over pawing to increase water
absorption).
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3.4.6 Permits for Driveway Construction
a) A Driveway Construction Permit is required for property owners to construct a driveway and its
approach to village streets or to substantially modify an existing driveway across the village
road right-of-way to their private lots to assure integrity of drainage and public safety.
b) Applicants for these permits shall file an application on a form provided by the Development
Officer.
i) In instances involving difficult drainage issues, the Development Officer shall refer the
application to a qualified professional (example: landscape architect or registered
professional engineer) for field review and advice. See Section 3.4.5 (c).
ii) Village staff shall conduct an inspection prior to the Development Officer issuing a
permit. In cases involving drainage issues, a culvert may be required as a condition of
the permit.
iii) The Development Officer shall enter any specific requirements on the permit before
issuing a written permission to begin construction. Council shall establish and annually
review the fee for driveway permits to cover cost of onsite inspection by the Village.
c) The issuance of a Driveway Permit does not guarantee that if the provisions/recommendations
of the permit are met the applicant will not be liable for remedying drainage concerns and be
liable for damages to the village road and to neighboring properties after construction is
completed.
3.4.7 Lot Appearance
a) Residents must maintain (or arrange for) a reasonable level of landscape maintenance such as
cutting their grass and keeping weeds down.
b) Having a natural landscape cover approach to landscaping and/or landscaping that is water-
wise does not grant the property owner the right to grow weeds or not to maintain their
landscape.
3.4.8 Landscaping
a) Open uncovered spaces in new residential districts shall be landscaped.
b) The proposed landscape guidelines for residential lots are to enhance aesthetics and property
values of residential districts in order to provide water efficient landscaping suitable for dry land
conditions in the Resort Village and to minimize irrigation on hillside areas prone to
sloughing/slippage.
c) Applicants for a development permit (Section 2) shall be asked to include a landscape plan that
recognizes the following guidelines:
i) Every attempt should be made to maintain the area in its natural state.
ii) The extent of new turf (irrigated lawn) shall not exceed 50% of the gross area of front and
side yard, or 50% of the gross area rear and side yard in new residential districts in the
Resort Village.
iii) Drought tolerante grass, plants, shrubs and trees suitable for the prairies are preferred.
iv) The use of wood fibre mulch, gravel or rocks is suggested for areas not covered by
vegetations.
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3.4.9 Removal of Dangerous Trees
a) The owner or resident shall be responsible to trim or prune, remove or cut down trees on the
property if the Council considers such trees or shrubs to be:
i)
A hazard to the safety of persons,
ii)
Likely to cause damage to public utilities, or
iii)
Seriously inconvenience the residents.
b) Trained village maintenance staff shall use the following criteria to identify dangerous trees that
are:
i)
Dead, dying, severely damaged or diseased, partially uprooted, severely leaning and in
danger of falling on property or power lines,
ii)
Interfering with, or is in close proximity to power lines to cause imminent danger during
strong winds, or
iii)
Blocking existing wells, septic holding tanks, drainage or other major improvements.
c) Council may serve notice on the owner or occupant of the property that the Resort Village may
take appropriate action as outlined above at the expense of the owner if the required action is
not taken within 30 days of the serving of the notice.
SECTION 4 - SEASONAL CAMPGROUND REGULATIONS
4.1
Intent and Focus of Seasonal Campground Regulations
4.1.1 Intent: to regulate the campground use and development as a seasonal recreational
campground within current capacity of 137 campsites.
4.1.2 Focus: The seasonal recreational campground is on two (2) parcels owned and operated for
their members, by the Poplar Beach Campground Owners' Corporation Inc. (2010) (or PBCOC).
The campground already existed before the village Zoning Bylaw was enacted in 1981. Therefore,
the campground is a nonconforming use in both zoning districts. Parcel No. 149880561 is zoned
UR-Urban Reserve District and Parcel No. 132796198 is rezoned to UR-Urban Reserve District from
C-Commercial District.
4.2
Operations and Development Permit
a) The operation agreement between the Resort Village of Wakaw Lake and Poplar Beach
Campground Owners' Cooperative Inc. provides for a permit or trailer fee in lieu of property
taxes to be collected each year from each site as they are not individually assessed.
b) The Poplar Beach Campground Owners' Corporation Inc. (2010) shall provide the Administrator
of the Resort Village with a plan of the campground, identifying any buildings, uses of land and
the location of all roadways and recreation vehicle campsites with dimensions, street names
where applicable, and site numbers clearly indicated, together with a record of the occupants
on each site.
c) The rearrangement of campsites, the construction or moving of buildings and structures, the
material change in use of portions of land, or the filling or clearing of land shall require a new
development permit, and the operator shall submit for approval an amended plan incorporating
the changes. In line with the Official Community Plan (OCP) the total number of campsites shall
not exceed 137 campsites (135 plus 2 rental sites). Individual sites in the campground are not
legally surveyed and are not subject to assessment.
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d) The moving of a recreational vehicle on or off of a campsite shall require a development permit
from the Resort Village and approval from the PBCOC Board of Directors.
4.3
Uses
4.3.1 Permitted Uses
The following uses are permitted in the seasonal recreational campground:
4.3.1.1 Principal uses
a) A maximum of 137 campsites shall be permitted within the boundaries of the corporate land
(Parcel No. 149880561, zoned UR-Urban Reserve District and Parcel No. 132796198, rezoned
to UR-Urban Reserve District from C-Commercial District). Campground use of these parcels is
recognized as a non-conforming use since years prior to 1981.
b) Recreational uses: sports field, playground, picnic ground, hiking trails and other
environmentally compatible non-motorized recreational uses.
c) Public utilities, excluding municipal solid and liquid waste disposal facilities.
d) Facility for sorting and temporary storage of recyclables is permitted.
4.3.1.2 Accessory uses (on each campsite)
a) Accessory uses, buildings, or structures accessory to and located on the same campsite with
the permitted recreational vehicle or use, including detached decks, will require development
permits.
4.3.1.3 Ancillary uses (in the common area of the campground)
a) 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.
b) In a common area (10% open space in the campground area), the location, design standards
and site requirements of any ancillary developments, uses and services such as decks,
recreational buildings, fire pits and any other similar uses or services that may be associated
with or required within a campground may be approved at the discretion of the Council of the
Resort Village of Wakaw Lake.
4.4
Uses Not Permitted
The following uses shall not be permitted:
a) Tents, tent trailers, or converted buses as primary seasonal dwellings.
b) Mobile homes, except the Park Model Trailer 102 built to RV specifications, the CSA Z-240 and
CSA Z-241 Standard.
c) Extended parking and storage of heavy equipment.
d) Permanent trailers (see: Definitions).
e) Manufactured and modular homes.
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f) New cabins on campsites.
a. If an existing cabin in the campground is demolished, another cabin may be built upon
development and building permit approval by the Resort Village and building permit
approval by the Building Inspector.
g) Recreational vehicles (trailer coaches or trailer homes or CSA Z-241 units) with wheels and or
axels removed.
NOTE: all recreation vehicles shall be fully mobile and capable of being licensed for
general travel on the highway.
h) Attached structures such as decks, porches, vestibules, and similar structures, as additions to a
recreational vehicle. Such structures DETACHED from the recreational vehicle ARE allowed
i) Outhouses attached to recreational vehicles or as accessory buildings.
j) Partially dismantled or inoperative motor vehicles.
k) Satellite dishes or antennas larger 0.61 m (2 ft) attached to trees, power poles, or on fence
posts along the periphery of the Resort Village boundary.
l) Home based businesses.
m) Year-round occupancy and residence.
n) Project accommodation (work camp) using recreational vehicles or other trailers as
accommodation is not permitted within the boundaries of the Resort Village of Wakaw Lake.
4.5
Campground Layout
a) The maximum number of campsites shall be limited to 137 (135 plus 2 rental) recreation
vehicle campsites on the combined area of the two (2) parcels (Surface Parcel No.132796198
and No. 149880561) in SE 27-42-26-W2ndM.
b) The campground shall have a minimum of two exits for fire and other emergency evacuation.
c) No portion of a campsite, other use or structure shall be located within a roadway, required
buffer area, or within the required setback from the centre line of Highway No. 41 established
by Saskatchewan Ministry of Highways.
d) Each campsite shall have direct and convenient access to a developed roadway.
e) Each recreational vehicle shall be located at least 2 ft from the lot property line and each site
shall have dimensions, location, and orientation sufficient to allow such location of recreational
vehicles.
4.6
Accessory Buildings
a) Accessory buildings shall be detached from the recreational vehicle.
b) Accessory buildings also include pre-fabricated moveable plastic and metal sheds. (Tent style
gazebos are not considered to be accessory buildings.)
c) Accessory buildings shall not have plumbing.
33
d) Accessory buildings shall not be used for human habitation unless a building permit is
approved, the accessory building is inspected by the Resort Village's Building Inspector, and the
building complies with the National Building Code of Canada.
e) A detached Accessory building on a campsite shall be single story and with a roof peak not
exceeding 3.65 m (12 ft) from the highest grade on the building footprint to the highest point
of the roof.
f) Placement of accessory buildings shall be made with consideration of the clearance between
other structures and RV units on the campground.
g) Accessory decks and buildings shall not be attached to a recreational vehicle.
h) Two (2) Accessory Buildings shall be permitted from 9.3 m2 (100 ft2) or less up to 13.38 m2
(144 ft2) on a campsite where required yard setback and lot space allows. In all cases, the
following will determine the ability to construct additional accessory buildings:
a. An additional accessory building may be permitted pending approval of PBCOC and the
Resort Village Council.
b. In some cases, there may not be available space for two accessory buildings. To figure
out available space, the following provisions are required:
i. Total lot size (sq ft/ sq m) minus combined footprint of accessory buildings,
recreational vehicle, and raised deck area must leave 40% of unused space or
natural habitation
ii. Sufficient space for safe entry and exit to all developed areas
iii. Distance from fire pit area shall be considered in determining the location of a
second accessory building.
4.7
Traffic
a) Roads and Parking:
i) Internal road (all-weather) width:
One-way:
4 m (13.12 ft)
Two-way:
7.5 m (24.60 ft)
ii) Minimum vehicle parking:
Minimum width: 3.0 m (10.0 ft) for a parking stall.
i. Minimum one (1) vehicle located on recreation vehicle campsite in addition to
the parking space for recreational vehicle (motor home, trailer home, park
model)
4.8
Amenity Area (Recreation Area)
a) 10% of the RV site park area shall be set aside and designated for public amenity areas
(playground area, park facilities, guest parking, and washroom) which shall be shown on the
campground plan.
4.9
Signs
a) Each campsite permitted in the campground shall be designated and shown on the
campground plan.
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b) Campsites shall be numbered so the numbers can be seen from the road. Campsite number
signs shall not exceed 0.2 m2 (2.0 ft2) in area.
c) All streets shall have street signs, where applicable, and site numbers shall be signed,
corresponding with the site plan provided.
d) The campground will contain a permanent stall (campsite) location map at the entrance to the
campground.
e) Signs and billboards in the campground shall comply with the Zoning Bylaw.
4.10 Utility Services Requirements
a) Sewage disposal systems, potable water holding tanks, propane tanks, and natural gas and
electrical servicing shall meet all relevant provincial and federal regulations.
b) A sewage disposal facility (dump station for RV units on two rental sites) shall be provided that
is easily accessible and separated from the recreational vehicle stalls and amenity areas; or a
holding tank shall be provided at each campsite.
c) Power and gas shall be as set out by SaskPower and SaskEnergy.
4.11 Sewage and Solid and Liquid Waste Management.
a) Sewage shall be collected and disposed as regulated by The Public Health Act, 1984 and
amendments and regulations (The Shore land Pollution Control Regulations, 1976) thereafter as
administered by the Saskatoon Health Region of the Saskatchewan Department of Health, and
shall be complied with in respect to all operations and development of the campground.
b) Solid and liquid waste shall be managed as regulated by The Environmental Management and
Protection Act, 2010 and amendments and regulations thereafter.
4.12 Washroom facilities
a) Washroom facilities shall be provided in centralized locations as required by The Public Health
Act and regulations therein administered by the Saskatoon Health Region.
4.13 Laundry Facilities
a) A campground may include as ancillary uses a laundromat or a confectionary, and shower
designed to meet the needs of occupants of the RV sites, and one single detached dwelling for
the accommodation for the operator (a volunteer or a hired person).
b) Amenities may include: laundry facilities, telephone/internet, and play area.
4.14 General Provisions
These campground regulations also include all applicable provisions of the Official Community Plan
and Zoning Bylaw.
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SECTION 5 - REGULATIONS FOR LAKESIDE DEVELOPMENT AND SHORELINE STRUCTURES
5.1
Purpose
a) Lakeside lands comprised of dedicated lands shown as municipal or environmental reserves on
the zoning district map and Crown foreshore lands along the shoreline of Wakaw Lake. (See:
Figure 1 - Lakeside Development). These are publicly owned lands. Lakeside lands are valued
environmental, recreational, and aesthetic component of the Resort Village and the lake
ecology. These public lakeside lands are considered important environmental 'buffers' for the
protection of Wakaw Lake. Because use, development and structures on, and from adjacent
lands can adversely affect these lakeside lands or have a potential effect on the management of
the lake ecosystem, approval will be required before undertaking any work, development and
placement of structures on these public lakeside lands.
b) The purpose of these regulations is:
i) to provide public access to the lake and along the shore of Wakaw Lake, insofar as is
practical, for residents in the Resort Village;
ii) to protect and preserve dedicated and Crown foreshore lands (environmental 'buffers'
between the cottages and the lake) from land uses potentially harmful to the riparian
habitat and lake ecology while allowing environmentally acceptable developments and
shoreline structures with the least impact on lakeside lands and the lake ecology;
iii) to maintain and protect shoreline aesthetics from intrusion of non-essential structures
and developments;
iv) to avoid and minimize potential land use conflicts and avoid the intrusion of
development from adjacent residential areas onto public lakeside lands (dedicated
lands); and,
v) to control the use of lakeside lands which are public lands and to assure that such lands
shall be used only for allowed purposes under regulations established by the zoning
bylaw.
5.2
Shoreline and Lakeside Land Development
a) Shoreline and lakeside land development for the purpose of these regulations in the Resort
Village includes:
-
an environmentally acceptable shoreline development on lakeside lands (dedicated lands
and Crown foreshore lands).
-
an environmentally acceptable temporary shoreline structure (such as docks) on lakeside
lands (dedicated lands and Crown foreshore lands)
b) All Shoreline and Lakeside land development require a development permit from the Resort
Village of Wakaw Lake and an Aquatic Habitat Protection permit from the Water Security
Agency.
c) Shoreline development and modifications shall be carried out in an environmentally responsible
manner. Approval from Saskatchewan Environment (aquatic habitat protection), Saskatchewan
Watershed Authority (lake elevation and flooding), Fisheries and Oceans (fish habitat),
Transport Canada (navigation) is required prior to development. (CHECK IF NECESSARY)
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Prior to initiating shoreline development, please review Aquatic Habitat Protection on the
Water Security Agency's website and the Fisheries and Oceans Canada document found on
the Resort Village Website entitled Post-flood Shoreline Restoration and Stabilization
Protocol. This document provides a clear overview of acceptable development.
d) Shoreline development and modifications including beach development and re-profiling of
backshore lands and construction of foreshore/backshore installations such as a public boat
launch, will not be permitted unless an environmental review shows the proposed 'work' in or
near the water:
−
to alter the bed, bank or boundary of the lake
−
to remove or add any material to the bed, bank, or boundary
−
to remove vegetation from the bed, bank or boundary
−
to place extended structures that may pose concerns for navigation on the lake
can be carried out in an environmentally responsible manner. Approval from Saskatchewan
Environment (aquatic habitat protection), Saskatchewan Watershed Authority (lake elevation
and flooding), Fisheries and Oceans (fish habitat), Transport Canada (navigation) is required.
e) Lakeside lands (municipal and environmental reserves and Crown foreshore lands) located
between private lots and the water's edge may only be developed with landscaping and shore
land protection, as approved and directed by Council, but only after required federal and
provincial permits have been obtained and then an application for development agreement (a
municipal discretionary use permit with conditions attached to the permit) may be considered
for approval by Council.
f) Use of lakeside lands (municipal and environmental reserves and Crown foreshore lands) by
other than lakeside cottagers (back-row residents) shall require an Annual Discretionary
Temporary Use Permit (municipal permit). In these circumstances, council will encourage the
cooperative use of piers and docks at access nodes to the lake or by sharing of docks with
lakeside cottage owners. Applicants will be limited to one boat or one boatlift.
g) Sharing of extended docks into the lake behind cottage lots or at the end of lakeshore access
nodes and walkways will be encouraged to reduce and minimize impact on the shoreline
ecology. A limit of 6 boats per shared dock will be applied. These will require authorization from
Council after the applicant has obtained applicable permits from federal and provincial agencies.
In these circumstances, council will encourage the cooperative use of piers and docks.
Applicants will be limited to one boat or one boatlift.
h) Sharing of extended docks into the lake at the end of lakeshore access nodes (Municipal
Reserve zoned recreation) by back row cottage owners will be encouraged. One boat or one
boat lift or one personal watercraft policy will apply. These will require authorization from
Council after applicable permits have been obtained from federal and provincial agencies by the
applicant.
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Figure 1 - Lakeside development
5.3
Development Criteria and Standards
a) Docks and piers must be of adequate length to ensure sufficient water depth for mooring,
except for shared multiple slip structures.
b) Guidelines for installation of structures:
-
must be done manually as no equipment is allowed to work in the water or on the bank
-
only floating docks or docks supported by posts may be installed
-
Applicants approved for a dock permit are responsible to ensure that docks or other
shoreline structures placed in the water meet provincial and federal guidelines for
construction methods and materials viewed to be safe for fish and water habitat.
-
Creosote and pentachlorophenol treated wood are prohibited.
-
dredging to improve access to the mooring area and the dock is prohibited
-
any proposal to remove aquatic vegetation or any other type of bank work must be
reviewed by Saskatchewan Ministry of Environment.
NOTE: There are practical guidelines and examples on installation of structures
described in Saskatchewan Fact Sheet Working Around Waterand The Fish Habitat
Primer A Guide to Understanding Freshwater Fish Habitat in the Prairies, both available
from the Department of Fisheries and Oceans (www.dfo-mpo.gc.ca/oceans-habitat/).
c) Only registered vessels of ratepayers of the Resort Village of Wakaw Lake and their overnight
guests shall be allowed for docking and mooring at authorized docks.
d) Stairs and stairways must meet the National Building Code.
5.3.1 Permitted temporary shoreline structures
a) Permitted temporary shoreline structures, for the purpose of these bylaws, refers to structures
positioned and installed along the shoreline and upland edge of the shoreline; or on a lot
abutting a shoreline at the water-side of the property. Such structures are attached to the bed
of the lake. Such structures must not adversely impact on fish habitat.
38
b) Permitted shoreline structures include the following: stake tie-up, dock, pier, rollout pier or
other removable pier.
c) All permitted shoreline structures will be conditional on obtaining a development permit from
the municipality (municipal permit).
5.3.2 Prohibited structures, developments and uses
a) Prohibited structures, developments and uses, considered unauthorized, on municipal and
public reserve and environmental reserve lands (dedicated lands) and lakeside lands include
but not limited to the following:
i) Boathouses on Crown land and dedicated land (public land) are not allowed. For boathouses
that existed prior to the implementation of this bylaw refer to Section 5.3.2 (c) below and
Section 5.4 (o) Expansion or major renovations to existing boathouses are not permitted.
Significant maintenance projects require the approval of council.
ii) Skirting around piers, docks, and similar structures as it interferes with fish habitat.
iii) Permanent cribbed docks are not preferred. Check with the authorities.
iv) Houseboats shall not be allowed permanent docking at private docks or piers.
v) Removal of trees, shrubs and other vegetation are prohibited without a permit
vi) Human habitation, such as camping or living on a vessel.
vii) Use of fertilizer and herbicides.
viii) Lawns replacing natural ground cover.
ix) Fuel storage.
x) Off-site private water wells.
xi) Holding (septic) tanks.
b) Such unauthorized structures developments and uses found on dedicated lands and foreshores
(Section 242 of The Act) might be subject to a fine, penalty and removal under Section 243 of
The Act. Cost of removal of unauthorized structures and works and remedial works will be
charged against the cottage property tax of person(s) involved.
c) Concerning a temporary structure or a development that was in place on dedicated lands
(lakeside lands) without obtaining a permit or agreement with council before the coming into
force of Section 194 (10) of the Act (before the enactment of this Zoning Bylaw) refer to
Section 5.4 subsection o) of these regulations).
5.4
Lakeside Development and Shoreline Structures Permits (Municipal permits)
a) Lakeside cottage owners do not require an annual municipal permit for shoreline installations as
long as they have obtained applicable required permits from provincial and federal authorities.
b) Development on shoreline and lakeside lands (on dedicated lands and on lake bed (Crown
owned foreshore lands) without the approval of the council is prohibited. If a permit is not
obtained the Resort Village will proceed with removal of development according to Section 194
of The Planning and Development Act, 2007.
c) All approved private developments and temporary structures on lakeside lands are considered
temporary developments subject to the provisions of The Planning and Development Act, 2007
(The Act).
d) Any temporary use of lakeside lands (dedicated lands) must be within what is permitted by The
Act (Section 192) and The Dedicated Lands Regulations.
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e) Subject to the provisions of the Official Community Plan and this Zoning Bylaw, Council may
allow some development of landscaping or temporary structures and may:
i) by permit grant a person permission (municipal permit) to place a temporary structure on
any dedicated lands (lakeside lands) other than a walkway, under Section 194 (2)(a) of The
Act. A dock or a boat lift is an example of a temporary structure. Or
ii) by permit, grant a person permission (municipal permit) to place a development on any
dedicated lands (lakeside lands) other than a walkway under Section 194 (2) (b) of The Act.
Development, pursuant to Section 194 (1) of The Act, means improvements, or landscaping
and maintenance of the improvement or landscaping, or shoreline modifications for the
purpose of these regulations.
f) No person shall:
(a) undertake a development including shoreline modification or a repair of modification(s)
without:
i) first obtaining a shoreline alteration or modification permit(s) from federal and
provincial agencies, and
ii) a valid agreement for development (municipal temporary use permit) from the
Resort Village of Wakaw Lake; or
NOTE: As removal of vegetation for the installation of shoreline structures is
considered 'works', such proposal to remove aquatic vegetation or any other type of
bank work must be reviewed by Saskatchewan Environment.
(b) rent or lease out any dock without the prior written permission of the Resort Village of
Wakaw Lake.
f) Assignment or transfer of permit or authorized structures shall not be permitted without prior
express written authorization by the Resort Village of Wakaw Lake as the rights given in the
permit do not accrue to the property and cannot be sold.
g) Failing to obtain proper authorization will result in removal of the development and shoreline
structure installations. After compliance, the ratepayer will have an opportunity to reapply for
authorization.
h) The application to the Development Officer for municipal permit shall be in the "Form C" as
adopted or amended by resolution of Council, together with any other information needed to
assess the application in relation to the REGULATIONS FOR DEVELOPMENT ON LAKESIDE
LANDS and shall include the following minimum information:
a) Date of application.
b) Name of the owner or co-owner applicant or someone authorized in writing by the
registered owner of recreation property (cottage site or campsite).
c) Address of recreation property in the Resort Village of Wakaw Lake.
d) Permanent contact address, e-mail address and telephone number(s) of the applicant.
e) Requested location of dock and boatlift and or shoreline development and modification in
front of a cottage, with a detailed site plan and photograph of where the dock or boatlift
or shoreline development or modification are to be located.
f) Proof of public liability insurance.
g) All prescribed application and permit fees.
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h) Proof of authorization, where applicable, from Saskatchewan Environment, Saskatchewan
Water Security Agency, Fisheries and Oceans Canada, and Transport Canada.
i) Any other information needed to assess the application.
i) A copy of the approved application will be the municipal permit for temporary shoreline
structures and or development or alteration.
j) If the application is denied, the applicant will be informed in writing.
k) A person must pay the prescribed non-refundable application fee and the permit fee when
applying for a permit(s) for a development/alteration or placement of a temporary shoreline
structure.
l) A permit issued or an agreement made does not give the grantee (recipient of a permit or an
agreement) exclusive right with respect to the use of dedicated lands (lakeside lands) or
privatize any part of the dedicated lands (lakeshore lands).
m) Applications are valid for six (6) months and failure to install shoreline structures (dock, pier,
boat lift) or to carry out shoreline development will terminate approval and a new application
must be made to the Resort Village of Wakaw Lake.
n) If changes (size, location, shape, proposed removal of aquatic vegetation) are contemplated to
the original development (shoreline modification) or installation (shoreline structure), a revised
application form must be submitted for review and approval.
o) If a temporary structures or a development that were in place on dedicated lands (lakeside
lands) without obtaining a permit or agreement with council before the enactment of Section
194 (10) of The Act, and if council is of the opinion that the retention of such structure or
development may not be in the public interest, council shall serve the person believed to have
placed the temporary structure or the development on dedicated lands (lakeside lands) with
written notice of council's intentions of removing or disposing the temporary structures or the
development. Notice of right to appeal or of hearing on the matter shall be in accordance with
Section 194 (10) to (12) of The Act.
p) The costs of removal or disposal and restoration of dedicated land (lakeside land) are a debt
due to the municipality and can be applied to the taxes of the person who placed the temporary
structure or development on the dedicated land.
q) Council will use Saskatchewan Water Security Agency and Saskatchewan Ministry of
Environment or other competent authority or qualified professional for technical review of
proposals regarding potential development hazards such as erosion and shoreline instability
and impact on fish and wildlife habitat and for advice on required mitigation measures.
SECTION 6 - OPEN SPACE REGULATIONS
The intent of these regulations is:
a) To regulate the use of Open Space Areas (public and municipal reserves, beaches, waterfront
area, recreation lands, green spaces, open grass lands and tree plantations, recreation areas,
and environmentally sensitive areas, roadways, road allowance, parking areas/lots), and
undeveloped portion of private cottage sites and campsites (60% to 70% of a cottage site area
is considered open space due to limits on lot clearing and grading).
b) To assure the continuity of natural amenities for the enjoyment of village residents.
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6.1 ACTIVITIES IN THE OPEN SPACE AREAS
6.1.1 Vehicles and Parking
No person shall:
a) Operate a vehicle in an Open Space Area except on a highway, village road, or car trail
designated for vehicle use or in a parking lot.
b) Park or idle a vehicle in an Open Space Area except in a parking Lot.
c) Leave a vehicle in an Open Space Area, or a parking lot for more than 24 hours.
d) Park a camper in an Open Space Area.
e) Act contrary to any traffic control device in an Open Space Area or in a parking lot.
6.1.2 Firearms
a) The term "Firearm" shall be as defined in The Wildlife Act, 1998 and amendments.
b) In the interest of public safety, the discharge of any firearm within the boundaries of the Resort
Village of Wakaw Lake is prohibited.
c) This regulation does not apply to representatives of the Resort Village, or of the provincial or
federal government who may, while on duty, be required to discharge their firearms.
6.1.3 Trapping
a) Trapping anywhere in the Resort Village is prohibited, except as provided below.
b) This regulation does not apply to representatives of the Resort Village, or of the provincial or
federal government, who may, in the course of their duty, be required to use a trap to catch,
snare or otherwise restrain any animal to protect private or village property or to protect
human life. Any such trapping is permitted only with written consent of the Village Clerk on
instructions from Council.
c) Live traps may be used, with permission of the Village Clerk, to trap animals live for release
elsewhere; or to trap injured animals which must be disposed of in a humane manner.
d) Cottage owners shall be allowed to trap on their own sites.
6.1.4 Gardens
a) Planting of private gardens on public lands is not allowed except on land designated by Council
as a Community Garden.
6.1.5 Camping
a) No person shall set up a tent, trailer, camper, or RV in an Open Space Area (public/municipal or
environmental reserve), except in conformity with the Zoning Bylaw.
6.1.6 Fires
a) No person shall start or maintain any fire or fire works in an Open Space Area, except as set out
in the Fire Bylaw by Council.
b) Barbecues and open fires will be regulated by separate bylaw of Council.
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6.1.7 Pets
Pets are allowed in an Open Space Area under the following designations and conditions:
a) Leash Areas, as designated by Council - Pets must be on a leash and under the control of the
owner.
b) Off-leash Under Control Areas, as designated by Council - Areas where pets may be off leash
but must remain under the control of the owner.
c) No Pets Allowed Areas, as designated by Council - Areas where pets are prohibited, including the
golf course, and any other areas designated by Council.
6.1.8 General Conduct of Persons on the Open Space Areas
No person shall:
a) Interfere with the free use or enjoyment of an Open Space Area by an other person.
b) Engage in any activitiy which causes a nuisance in an Open Space Area.
c) Damage, destroy, or remove any improvement, sign, structure or other property.
d) Deposit or leave any domestic garbage, waste, soil, refuse or debris in any Open Space Area from
within or outside the Resort Village.
e) Leave any litter of any kind in any Open Space Area, except in a waste container provided for
such purpose by the resort Village.
6.1.9 Exemptions, Offences and Penalties
a) Those persons are exempt from the provisions of this Bylaw who have received the prior written
permission of Council to use part of the Open Space Area as a temporary access to that
person's property.
a) In granting permission, Council may establish conditions (time of use, damage desposit,
imdemnifiaction of the resort Village and any other conditions).
c) Any person who contravenes any provisions of Section 6.1 of this Bylaw commits an offence
and is liable on summary conviction to a fine set by Council under a separate Bylaw.
6.2
MANAGEMENT OF OPEN SPACE AREAS
6.2.1 Management of Trees and Grasses
As far as practicable, Council shall:
a) Promote environmentally-friendly maintenace practices on open space areas.
b) Preserve and protect native vegetation on hillside to promote hill-stability and reduce erosion.
c) Encourage the use of native species and prairie hardy plants, trees, and shrubs, and
d) Retain and enhance native vegetation in new developments.
6.2.2 Dead and Deteriorating Trees
a) The simple existence of dead and deteriorating trees shall not be the sole criteria for tree
removal from village forests (public and municipal reserves and environmental reserve).
b) Fallen and decaying wood/branches left in-situ on the ground provide wildlife habitat and
promote soil conservation. Where practical, the Resort Village shall encourage mulching unused
wood on-site.
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6.2.3 Tree Removal from Public Open Spaces and Private Lots
a) No person shall cut or remove any tree from public open spaces without having first obtained a
tree cutting permit, had the tree(s) marked for removal by the village staff, and paid a
stumpage fee.
b) The Development Officer may issue a tree cutting permit which provides for the cutting or
removal of trees and shrubs where, in the opinion of the Development Officer:
i) The removal is necessary to provide for access to the site, required off-street parking or
another permitted use on the site.
ii) Offstreet parking shall not take more than 50% of the width of the front yard.
iii) Access ways (driveways) shall not be cleared greater than 3 metres (9.8 feet) in width.
iv) For building construction (a development permit required) no trees and shrubs shall be
removed beyond a distance of 2.5 m (8 ft) in width around the building.
v) The tree is located on the property within 2 m (6.5 ft) of an existing building and/or a
proposed accessory building.
vi) The tree is dead, dying, severely diseased, or damaged so as to pose a safety hazard.
vii) The trees are too close together to allow proper growth, and the removal is for specific
trees identified in the permit comprising less than one third of the trees in the clump.
6.3
GROUNDWATER PROTECTION AND STORM WATER MANAGEMENT
6.3.1 Groundwater Protection
a) The intent of this section is to protect existing and potential groundwater sources in order to
safeguard the public health of residents of the Resort Village who depend on groundwater for
their drinking water.
b) Because an abandoned well can be a safety hazard, threat to ground water quality, as well as a
liability issue, it is the cottage owner's responsibility to barricade off such a well and to report it
to the Resort Village and to the Saskatchewan Water Security Agency for advice on
decommissioning the abandoned well.
c) No subdivision of land shall be permitted where the proposal will adversely affect domestic or
municipal water supplies, or where a suitable, potable water supply cannot be provided to meet
the requirements of the Saskatoon Health Region, Saskatchewan Environment, or the
Saskatchewan Water Security Agency.
d) Subject to the Acts and Regulations, as amended from time to time, and administered by the
Saskatoon Health Region and Saskatchewan Environment, no liquid, solid or gaseous wastes
shall be discharged into any streams, creek, river, pond, slough, intermittent drainage channel
or other body of water, or on any land or into the air.
e) Landfill for the disposal of garbage or refuse is not allowed within the Resort Village because of
insufficient distance from any residential development.
f) Pit privies are prohibited.
g) The primary sewage disposal system component shall be a holding tank placed on the property
for pump out.
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h) Placement of holding tanks with respect to distances to buildings, property line and well or
water source must follow the guidelines of Saskatchewan Health; and the setbacks as
determined by the Public Health Inspector from the Saskatoon Health Region.
i) The Development Officer shall send a copy of all approved development permit applications
involving installation of water and sanitary services, to the local office of the Saskatchewan
Department of Health.
j) A permit must be obtained from the Public Health Inspector before any person installs a
holding tank.
k) Effluent must be hauled to an approved lagoon or disposal site.
l) The Resort Village may conduct annual random testing of holding tanks and water wells
throughout the Resort Village in the interest of safeguarding groundwater quality.
m) The storage of chemicals, fertilizers and combustible materials is subject to the requirements of
both the federal and provincial governments. All necessary approval from other regularity
agencies must be obtained prior to issuance of a development permit. Development permit
conditions may include that all permits or licences required by other regulatory agencies be
obtained before development proceeds.
n) Underground fuel storage tanks and fuel tanks shall be prohibited in the Resort Village.
o) Heating oil tanks shall be placed over a leak-proof sump area.
p) De-icing salts shall not be permitted on village roads.
q) The spreading of manure is not permitted.
r) The dumping on village soils of products that may adversely affect groundwater is prohibited.
Such products include:
i)
Antifreeze and coolants,
ii)
Gasoline, brake, and transmission fluids,
iii)
Paints, primers, and wood preservatives.
6.3.2 Storm Water Management
a)
Roadway ditches along surfaced roads in the subdivision act as 'catchment basins' for storm
water, which infiltrates into the subsoil (aquifer recharge). Filling in these ditches could
reduce permeable soil cover and onsite drainage capacities in the residential areas.
Depending on topography and drainage, Off-Street Parking, Retaining Walls and Driveways
regulations (Sections 3.4.3, 3.4.4, 3.4.5) shall apply to maintain permeability and local
drainage and public safety.
b)
Along the escarpment (hillside) above Wakaw Lake, and elsewhere on steep slopes, the
Resort Village shall give due regard to locating trails, roads and parking and to maintaining
vegetation cover to prevent run off and soil erosion.
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6.3.3 Community Involvement in Protecting Open Spaces
Although these Bylaws provide the authority for enforcing the implementation of The Resort Village
of Wakaw Lake Zoning Bylaw, Council shall rely on broad based support of these Bylaws by Village
residents through:
a)
Information sharing about the purpose of these bylaws with Village residents.
b)
Opportunities for engagement in village governance (Development Appeals Board) and
encouraging formation of various advisory committees (potential examples: Beach and
Waterfront Committee, the Emergency Measures Committee, Social and Recreation
Committee).
SECTION 7 - ZONING DISTRICTS
7.1
ZONING DISTRICT MAP, HOLDING PROVISION AND OVERLAY DISTRICTS
7.1.1 The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to as Schedule 'A' in Bylaw No.10
2013 adopted by the Resort Village of Wakaw Lake and signed by the Mayor and Municipal Administrator
under the seal of the municipality, shall be known as the "Zoning District Map" and such map is
attached as Schedule 'A' in Appendix C and forms part of this Bylaw.
7.1.2 Boundaries of Zoning Districts
a)
Unless shown otherwise, the boundaries of zoning districts are lot lines, centre lines of
streets, lanes, roads, road allowances or such lines extended, bank (shoreline) of Wakaw
Lake, and the boundaries of the municipality.
b)
In un-subdivided land, the boundaries of the districts shall be determined by the use of the
scale shown on the map.
c)
A district boundary shown following approximately the shoreline, row of trees, or road and
trails shall be deemed to be at shoreline or the center line of the roads and trails, and move
with any natural change in such natural features or centre line.
7.1.3 Holding Provision
a)
Where on the Zoning District Map the symbol for a zoning district has the prefix "H", any
lands so designated on the map shall be subject to a holding provision in accordance with
section 71 of The Act, and shall not be developed or redeveloped until the Resort Village
enacts an amending bylaw removing the "H" holding symbol.
b)
Any lands subject to a holding provision shall only be used for the following uses:
i) Those existing uses, buildings, and structures lawfully permitted when the "H" is
applied.
ii) Passive recreation
iii) Golf course
iv) Forestation and other conservation practices
v) Public works
vi) Municipal facilities
c)
Council may, by bylaw, remove the holding symbol H from a portion of the UR - Urban
Reserve District for residential development after the following conditions are met:
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i) Any development plan for this area shall be required to meet the applicable provisions of
the Official Community Plan and the Zoning Bylaw guidelines at the time.
ii) Additional residential and related land use shall only be considered under the criteria
identified in Section 4.2 of the Official Community Plan - Criteria for Additional Residential
and Related Land Use.
iii) The provisions of Section 4.4 Non-Residential Development (in the Official Community Plan)
shall apply.
iv) Such criteria shall include, but is not limited to:
i) Meeting requirements for potable water supply, solid and liquid waste disposal in
accordance with Section 4.3. Groundwater Protection and Storm Water Management
Regulations of this zoning bylaw.
ii) Detailed designs, servicing and infrastructure development.
iii) The developer shall enter into an agreement with the Resort Village to improve lake
accessibility (lakeshore parking, boat launch and mooring capacity) both on and off
the development area.
iv) Public consultation with the ratepayers.
v) Provide sufficient time (over four weeks) to receive the electorates' response to the
development in a plebiscite on the question.
vi) And, if applicable, Council entering into a Development and Servicing Agreement
according to Section 6.9 - Development Levies and Servicing Fees in the Official
Community Plan.
d) Once these, and other conditions set by the Resort Village of Wakaw Lake, have been met, the
holding symbol may be removed by an amending bylaw according to Section 71 (2) of The Act.
7.1.4 Overlay Districts
Overlay zoning districts may apply additional regulations to specific land and are indicated
on the Zoning District Map. These regulations add to the regulations contained in the
conventional zoning district (base zone) applicable to a site. Where the conventional district
regulations applicable to a site appear to be in conflict with the overlay zone regulations, the
following overlay zone regulations shall take precedence:
7.1.4.1 f - Flood Hazard Area (overlay zone) and Safe Building Elevation
a) The purpose of this regulatory overlay is to provide for orderly development and safe
construction in areas subject to flooding.
In any district designated on a zoning map with the letter "f" after the district symbol (base
district) all uses in that district shall be subject to the special regulations specified in this part.
b) Permitted Uses in addition to those in the base district include:
i) Passive parks
ii) Picnic sites
iii) Playgrounds
iv) Boat launches
v) Foot paths/trails
c) Discretionary Uses in addition to those in the base district include:
i) Storage of goods not subject to water damage.
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d) Special Regulations:
i) Where excavation or filling is proposed for any development in a flood hazard land
overlay zone, the Council may request the comments of the Saskatchewan Watershed
Authority or the applicant to provide such further geotechnical information as the
Resort Village of Wakaw Lake may require prior to making a decision on the
Development Permit application.
ii) Floor elevation requirements shall apply in a cautionary flood hazard land overlay zone.
iii) Safe Building Elevation for all existing and new sites within the Resort Village of
Wakaw Lake zoning districts along Wakaw Lake shall be above the 1:500 design flood
level of 510.60 m (1:500 year peak calm water level of 510.10 m above sea level
(Saskatchewan Watershed Authority) plus a 0.5 m freeboard value.
iv) Applications for development permits for sites with habitable dwellings below 510.60 m
sea elevation shall show the elevation of site corners and the floor elevation of
dwellings along Wakaw Lake within the Resort Village of Wakaw Lake.
v) The grade elevation of the building or structure must be at or above the design flood
elevation of 510.60 m above sea level.
vi) Basements shall not be allowed on sites within the 1:500 design flood level.
vii) The finished floor elevation of the building or structure must be a minimum of 0.6 m
above the design flood elevation of 510.60 m and on flood proofed foundation or the
structure must be flood proofed to that elevation.
viii) Heating units and heating plants and electrical service panels shall be located above
the safe building elevation.
ix) Grade elevation of habitable buildings must be above the road centreline grade where
site drainage and flooding is a concern.
NOTE: Caveats (flood proofing required) - To minimize potential flood damage, caveats
were registered (Section 142 of The Planning and Development Act, 1983) against certain
titles at Sandy Point and near Poplar Beach. The caveat requires each existing cottage
owner of affected site, pursuant to the issuance of development permit or building permits,
to have:
a) flood proofing permanent buildings (up to the underside of main floor joist of new
residential buildings) or structures up to an elevation of 510.58 sea level (based
on 1:100 flood event) in such a way that surface water can be drained without
ponding;
b) portions of residential buildings that are below the flood proofing elevation to be
flood proofed in accordance with CMCH Publication NHA 5701 2/84 Problem Lands
and as updated after;
c) sewage holding tanks be flood proofed up to the same elevation and installed in
compliance with the requirements of the Department of Public health; and that,
d) approved shoreline stabilization works be installed and maintained by the owner.
NOTE: New sitting and construction of buildings and structures will be in accordance with
the zoning bylaw.
7.1.4.2 hs - Hillside Protection Area
As stated in the Official Community Plan, unprotected excavations particularly along and below the
escarpment, are subject to slope instability and erosion. Along steep slopes local evidence of
actively shedding back slopes toward the lake were noted. Deep unvegetated cuts for roads are
prone to erosion and sedimentation runoff during heavy rainfall.
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Careful sitting of cottages and structures is required on these steep slopes to prevent landslips and
risk of erosion as well as to avoid unnecessary blocking of views of the lake from cottages.
a) Purpose of the hillside Protection Area is to protect the natural terrain and vegetation to avoid
and minimize erosion and damage to property and residents and to preserve views to and from
the lake. In any district designated on a zoning (base) map with the letters "hs" after the district
symbol all uses in that district shall be subject to the special site regulations specified in that
part.
b) Defining the area
This applies to sites where an existing or proposed development or subdivision is located on a
hillside of 15% or greater slope for the length of the site within an R - Residential District.
c) Permitted Uses in hillside protection area are as identified in the base district.
d) Discretionary Uses in hillside protection area concerning residential and other development on
cottage sites are as identified in the zoning bylaw and on lakeside lands as identified in Section
5 Regulations for Development on Lakeside Lands in this zoning bylaw.
e) Prohibited Uses
a) Prohibited uses are as identified in the base district.
b) Off-road vehicles are restricted to designated paths and trails outside the lakeshore
environmental reserve (below the cottage lots at the base of the escarpment).
c) (Also see: Section 7.5 - Prohibited Use in All Zoning Districts).
f) Special Site Regulations
i) At Council's discretion the required minimum front yard setback in residential districts for
specific sites may be reduced according to paragraph (ii) below.
ii) Depending on site conditions (examples: natural drainage, potential for slope instability,
erosion, safe building sites, or the potential for irreparable alteration of the landscape), site
analysis may be required according to Section 2.3.5 Hazard Lands in order to relax the
minimum front yard requirement for dwellings (principal building) from 6 m (20 ft) to 3.5 m
in the residential districts next to Wakaw lake. Also refer to footnote to Section 7.4
Development Standards.
iii) Applications for development permits for sites (along Wakaw Lake within the Resort Village
of Wakaw Lake) shall show the elevation of site corners and the floor elevation of dwellings.
iv) In order to promote retention of vegetation cover, important for storm water management
and for minimizing soil erosion and for wildlife habitat, additional clearing of vegetation
(trees and shrubs) shall be limited to 8 ft outside strip of the 'maximum site coverage' (total
foot print) of all buildings.
v) The 'maximum site coverage' is 30% of the site area and together with driveways, parking
and impermeable surfaces shall not exceed 50%.
vi) Clearing, Grading and Levelling of Lots Shall comply with Section 3.4.1
vii) No site clearing shall occur and no foundation work, new buildings or structures shall be
constructed without the submission of site clearing and restoration plan for approval as the
resort village may require.
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viii) Placement and or height of new buildings or structures shall be so as to minimize
interference with the natural vistas of the lake, the escarpment landscape (view of the steep
hillside) from the primary living area of the adjacent cottage sites. Council shall have the
deciding authority if there is any dispute on property owner's views.
NOTE: 'View' means a vista of water bodies (Wakaw Lake) or surrounding hills of the lake,
from the primary living areas of the single dwelling/principal building. Obstructions by
natural stands of trees and shrubs are exempt.
7.2
ZONING DISTRICTS
For the purpose of applying this Bylaw, the Village of Wakaw Lake is divided into the following zoning
districts. The boundaries of these zoning districts are shown on the "Zoning District Map". Such
districts may be referred to by the appropriate symbols.
Zoning Districts
Symbols
Residential (Single Detached Dwellings)
R-1, R-2, R-3
COMMERCIAL
C
RECREATION
REC
CONSERVATION
CA
STORAGE
S
COMMUNITY SERVICES
CS
URBAN RESERVE
UR
7.2.1 The Residential Districts (R-1, R-2, and R-3) (Single Detached Dwellings)
7.2.1.1
Residential District (R-1)
The intent - The purpose of the R-1 Residential District is to provide for low-density residential
development comprised of single detached dwellings and permitted uses such as recreation,
community service and public work uses compatible with a residential area.
7.2.1.2
Residential District (R-2)
The purpose of this district is to provide for single detached dwellings in R-2 Residential District.
Further R-2 districts with sites without a back lane are prohibited, existing ones are provided for.
7.2.1.3
Residential District (R-3)
The purpose of this district is to accommodate existing high density residential development.
To fit sites to existing cabin locations at Sandy Point (in Section 25) to accommodate existing high
density residential developments.
Further undersized lots/sites (R-3) are prohibited by the OCP.
For development standards in the Residential Districts, refer to Section 7.4
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7.2.2 The Commercial District (C)
The intent - The purpose of the C - Commercial District is to provide land for commercial
development and to regulate commercial uses such as neighborhood type store, coffee shop,
restaurant, golf course and accessory establishments primarily for village residents and their
guests and not for commercial developments (such as highway side gas station, tourist
campgrounds, hotels, rental condos) that would attract tourists.
7.2.3 Recreation District (REC)
The intent of the REC - Recreation Zoning District is to provide for and regulate recreational
development and related uses.
This reflects existing areas of recreation development (beach area and boat launch) and other
municipal reserves intended for future recreational use (example: trail access nodes to the
lakeshore).
NOTE: the REC - Zoning District includes most of the dedicated public reserve (Crown owned) and/or to
municipal reserve (Municipal owned). These are shown as dedicated lands on subdivision plans. NOT
all public/municipal reserves are zoned REC - District in this Resort Village.
NOTE: The development of public reserve and/or municipal reserve is subject to the provisions of the
Official Community Plan and Zoning Bylaw (Section 193 of The Act).
NOTE: For bylaw effectiveness it is required to have a 'parcel class code change' (conversion) for
Lakeview Drive from "road" to Municipal Reserve (and zoned as REC District).
Recreation developments for use by village residents will also be allowed in R - Residential District,
UR - Urban Reserve District.
7.2.4 Conservation (CA)
The intent of CA - Conservation District is to recognize and preserve lands of natural and cultural
(archeological) features under the definition of section 185 of The Planning and Development Act
2007 and other areas zoned Conservation District. These conservation districts (environmental
reserves) include known natural drainage courses, seepage springs, the lakeshore lands
(land/water interface), lands subject to flooding, environmentally sensitive wildlife habitat
(wetlands on and around Poplar Point and at Sandy Point), and unstable areas (shoreline erosion).
Use and development shall be low impact on the environment.
NOTE: Conservation designation is applied to lands identified as Environmental Reserves
(Crown land) or Municipal Environmental Reserve on subdivision plans and/or areas (Poplar
Point) zoned for Conservation in this Zoning Bylaw.
NOTE: For bylaw effectiveness it is required to have a 'parcel class code change' (conversion) for
Lakeshore Road from "road" to Environmental Reserve (and zoned as CA - Conservation
District.
Where appropriate in CA - Conservation District, carefully placed low impact developments
(foot path, boardwalk, viewing posts, park benches, and discretely placed informational
signs) and non-destructive recreational activities (wildlife viewing, nature appreciation) may
be allowed.
51
7.2.5 Storage (S)
The intent of the S - Storage District is to provide for storage needs in the form of accessory
buildings and uses of village residents. These lands are not intended for commercial or industrial
use. The area selection for S - Storage District reflects existing storage use.
7.2.6 Community Services (CS)
The intent of CS - Community Services District is to enable the Resort Village to set aside
surveyed parcel(s) for community services, public works, village operations, and community
organized events.
NOTE: Zoning Bylaws will also allow community services related land use and public works
on lands in the Residential District, Recreation District and in the Urban Reserve District.
7.2.7 Urban Reserve (UR)
a) The intent of UR - Urban Reserve District is to reserve lands in their interim use within the
Municipality which are as yet not subdivided or undeveloped land for urban uses until such
time as their future use may be determined.
b) Only where the proposed zoning would be in conformity with the Official Community Plan shall
the rezoning of land from Future Development to any other land use be considered.
Note - Other districts may be added as necessary.
7.3
PERMITTED AND DISCREATIONARY LAND USES, OTHER DISTRICT REGULATIONS
PERMITTED USES
DISCRETIONARY USES
OTHER DISTRICT
REGULATIONS
Residential District (R-1)
Residential
-
Single detached dwellings.
Recreational
-
Picnic grounds, golf
courses, sports fields,
beaches, playgrounds, and
parks.
Institutional
-
Churches and church halls
-
Community halls and
facilities
-
Public works
-
Home Based Business
-
Neighborhood
confectionary store/coffee
shop
-
Home Occupation
-
Bed and Breakfast Lodging
-
One accessory dwelling
unit ('granny-suite/guest
house) or detached
accessory building as a
temporary discretionary
(conditional) use (Section
3.1.7).
Accessory buildings,
structures and uses,
except accessory
dwelling units, shall be
permitted and comply
with Section 3.1.6 of
this zoning bylaw.
Regulations:
-
Off street parking
-
Residential
accessories
-
Storage
-
Drainage
-
Overlay districts
(flood hazard and
hillside protection)
52
Residential District (R-2)
Residential
-
Single detached dwellings.
Recreational
-
Picnic grounds, golf
courses, sports fields,
playgrounds, beaches and
parks.
Institutional
-
Churches and church halls
-
community halls and
facilities [place of
assembly]
-
Public works
On lots/sites with lane:
-
Home Based Business
-
Neighborhood
confectionary store/coffee
shop
-
Home Occupation
-
Bed and Breakfast Lodging
-
One accessory dwelling
unit ('granny-suite/guest
house) or detached
accessory building as a
temporary discretionary
(conditional) use.
On lots/sites without lane:
-
Home Occupation
-
One accessory dwelling
unit ('granny-suite/guest
house) or detached
accessory building as a
temporary discretionary
(conditional) use.
Accessory buildings,
structures and uses:
buildings, structures or
uses secondary and
accessory to but located
on the same site with
the proposed use.
Regulations:
-
Off street parking
-
Residential
accessories
-
Storage
-
Drainage
-
Undersized lots
-
Overlay districts
(flood hazard and
hillside protection)
Residential District (R-3)
Residential
-
Single detached dwellings.
Recreational
-
Picnic grounds,
playgrounds, beaches and
parks.
Institutional
-
Public works
Prohibited uses
-
Mobile homes
Due to limited site area and
limited parking only the
following discretionary uses
may be considered/allowed:
-
Home Occupation
-
If space available, one
accessory dwelling unit
('granny-suite/guest
house) or detached
accessory building as a
temporary discretionary
(conditional) use.
Accessory buildings,
structures and uses:
buildings, structures or
uses secondary and
accessory to but located
on the same site with
the proposed use.
Accessory dwelling unit
(granny-suite): see
Discretionary Uses
Regulations:
-
Off street parking
-
Residential
accessories
-
Storage
-
Drainage
-
Undersized lots
Overlay districts (flood
hazard and hillside
protection)
PERMITTED USES
DISCRETIONARY USES
OTHER DISTRICT
REGULATIONS
53
PERMITTED USES
DISCRETIONARY USES
OTHER DISTRICT
REGULATIONS
Commercial (Non-Residential Development)
District (C)
Principal Permitted Uses:
Commercial
-
Personal service shops
-
Grocery stores and food
item sales
-
Restaurants and cafes
-
Retail merchandise shops
Institutional
-
Place of worship
-
Community halls and
facilities
-
Municipal buildings
-
Public works and utilities
Shall not allow rental facilities
for tents, campers, trailers,
motor homes or other forms of
accommodation.
-
Small cabins for overnight
guests
Secondary and
Accessory Uses:
Buildings, structures or
uses secondary and
accessory to but located
on the same site with
the principal use,
including a single
detached dwelling
secondary and
accessory to a principal
commercial use.
54
PERMITTED USES
DISCRETIONARY USES
OTHE DISTRICT
REGULATIONS
Recreation District (REC)
Permitted uses:
-
Roads discretely located and
under stricter than normal
controls due to erosion and risk
of flood
-
Parking lots
-
Picnic grounds, playgrounds,
public beaches and parks.
-
Open space, buffer strip
-
Golf course
-
Hiking and cross country ski
trails
-
Sports and playgrounds
-
Beach and boat launch access
-
Public boat docking facilities
-
Foot paths, stairs and
boardwalks as appropriate
-
Public building or facility
-
Utilities
Prohibited uses:
-
Overnight parking
-
Idling of vehicles
-
Camping
-
Off-site gardens
-
Storage of cars, boats trailers
and other private property
-
Extension of 'private space' by
off-site landscaping
-
Lane access through
municipal/public reserve (the
primary level of access to lots
or parcels is from the Village
streets and service access from
the back lane)
-
Marina and gas pump
and/or boat rental
under
DISCRETIONARY
TEMPORARY USE
PERMIT
(MUNICIPAL PERMIT)
-
Snack bar at the
beach
-
Motorized trails in
areas designated by
Council
-
Shore land protection
measures (erosion
control)
-
Swimming areas
-
Boating restrictions
-
Boat launch
-
Public washrooms
(risk of high water
table)
-
Water safety related
facilities and
navigational aids such
as beacons and signs;
and
-
Shore land alteration
and management
efforts shall include
prior consultation with
government
environmental and
water management
agencies.
Accessory buildings,
structures and uses
secondary or subordinate
to the principal permitted
or discretionary use, shall
apply.
Regulations:
-
No minimums
(development
standards)
-
Most of the lands
shown as Public
Reserve on the
subdivision plan are
zoned as REC -
Recreation District.
These zoned lands
shall be subject to the
provisions of Section
186 and 192 and
other sections
regarding Public
Reserve, of The
Planning and
Development Act,
2007.
-
Boating regulations
(Transport Canada)
-
Shore land
'alterations'
(Saskatchewan
Ministry of - -
Environment and
Department of
Fisheries and Oceans
of Canada)
-
Section 5 -
Regulations for
Development on
Lakeside Lands of this
zoning bylaw.
-
55
PERMITTED USES
DISCRETIONARY USES
OTHE DISTRICT
REGULATIONS
Conservation District CA)
Permitted Uses
-
Shoreline fishing
-
Nature appreciation,
photography
-
Hiking
-
Cross country skiing
-
Wildlife viewing
-
Preservation of wildlife habitat
-
Preservation of vegetation
cover for the prevention of
erosion
-
The Conservation Area
(environmental reserve) must
be left in its natural state.
Prohibited uses:
-
Motor vehicle access
-
Mooring of vessels
-
Carefully located and
developed foot paths
and/or boardwalks
(avoiding nesting
sites)
-
Viewing posts
-
Park benches
-
Discretely placed
informational signs
-
Navigational aids
-
Public utilities and
communication
installations.
Accessory Uses
-
Non-habitable
buildings, structures or
uses secondary or
subordinate to, and
located on the same
lot with the principal
permitted or
discretionary use, shall
be permitted
Regulations:
-
Section 185 (3) of The
Planning and
Development Act,
2007).
-
Section 5 - Regulations
for Development of
Lakeside Lands.
-
Permits are required from the Saskatchewan Ministry
of Environment and the Department of Fisheries and
Oceans for any work planned in or within 5 m (16.40
ft) of a lakebed.
-
Dedicated Lands Regulations and provisions of this
Bylaw shall apply.
Storage District (S)
Permitted uses
-
Storage sheds and private
garages
-
Shared storage compound
(example: boat trailer storage
area) for outdoor storage of
recreational vehicles and
equipment.
-
Storage of vehicles and
equipment
-
Public parks (transitional use)
-
Public works and municipal
facilities
Prohibited uses:
-
Commercial buildings and uses
-
Dwelling units and units
(vehicle, trailer, tent, recreation
vehicle, watercraft) for any
form of habitation (place to eat,
sleep, recreate, and rest)
-
Storage of commercial and
farm vehicle and equipment
Accessory buildings
and uses shall be
permitted:
-
No more than one
accessory building on
a lot in the S -
Storage District
-
Accessory building
shall not have
dwelling units or
habitable rooms
56
PERMITTED USES
DISCRETIONARY
USES
OTHER DISTRICT
REGULATIONS
Community Services (CS)
Permitted uses:
-
Maintenance building
-
Maintenance equipment
storage
-
Fire hall
-
Public works
-
Recycling site/building (for
hauling away)
-
Waste collection building (for
hauling away)
-
Community organized events
-
Rental of community centre
for family or community
functions
Prohibited uses:
-
Storage of private property
Regulations:
- Buildings shall meet
applicable standards for
worker safety.
- Fuel pumps and other
accessory equipment shall
be located at least 10 m
(33 ft.) from public
roads/trails.
Urban Reserve (Future Development) (UR)
Principal Permitted Uses
-
All uses and buildings lawfully
existing on or before the
effective date of this bylaw.
-
Agricultural field crops
-
Tree farms
-
Recreational sports fields,
parks, golf courses,
community facilities and other
similar uses
-
Public Utility buildings
(excluding offices and
warehouses) and structures.
-
Communications - radio and
television buildings and
structures and other similar
uses.
Accessory Buildings, Structures or Uses
secondary or subordinate to and located in the
same un-surveyed area as the principal permitted
use shall be permitted.
Regulations:
-
No future subdivision or development shall be
permitted unless it is for one of the permitted
uses and in the opinion of Council it will not
prejudice the future economical subdivision or
servicing of the land.
-
Land may be rezoned from UR--Urban Reserve
District to any other Zoning District as guided by
the Official Community Plan.
An application for such an amendment shall be
accompanied by an overall site plan of the area.
Examination of the proposed development must
demonstrate to the satisfaction of Council, that
the proposal constitutes orderly and economic
development having regards to adjacent land
uses, and future service requirements such as
roads, schools, utilities and municipal services.
-
Posting of Signs and Billboards. Signs showing
the names of occupants, information signs
bearing no advertising and signs bearing notice
of sale or lease of any property are permitted.
-
H - Holding provision (access capacities/lake
management, plebiscite, and service agreement)
57
7.4
DEVELOPMENT STANDARDS
Requirements
R-1
Residential
District
(the village
standard for
existing sites in R-1
district and new
residential sites)
R-2***
Residential District
Existing, with and
without back lane.
R-3***
Residential District
Existing; The OCP
and this Zoning
Bylaw prohibit
additional R3
zoning District
a) Residential Uses, single detached
dwelling:
Site area, minimum
650 m2 (7,000
ft2)
1150 m2
(12378.5 ft2)
C 450 m2 (4,843 ft2)
A 430 m2
(4,628.63 ft2)
B 160 m2 (1,722
ft2) at Sandy Point
Site frontage/width, minimum
15 m (49.21 ft) 15 m (49.21 ft)
9.2 m (30 ft)
Front yard, minimum
−
principal
building
- see BSection 7.1.4.2 hs - Hillside
Protection Area
−
accessory
building
6 m (20 ft)
BSection 7.1.4.2
6 m (20 ft)
6 m (20 ft)
BSection 7.1.4.2
6 m (20 ft)
6 m (20 ft)
--
6 m (20 ft)
Side yard, minimum
−
principal
building
−
accessory
building
1.5 m (5 ft)
1.5 m (5 ft)
1.5 m (5 ft)
1.5 m (5 ft)
1.5 m (5 ft)
1.5 m (5 ft)
Side yard abutting a street,
minimum
−
principal
building
−
accessory
building
3 m (10 ft)
3 m (10 ft)
-
-
Rear yard, minimum
−
principal
building
−
accessory
building
6 m (20 ft)
1.5 m (5 ft)
1.5 m (5 ft)
1.5 m (5 ft)
6 m (20 ft)
1.5 m (5 ft)
Principal building floor area
(footprint), minimum and
maximum
Minimum: 40 m2 (430 ft2)
Maximum allowable floor area is derived from maximum site
coverage less accessory buildings and structures and parking
surface
Accessory buildings, maximum of
two (2) detached. One may be a
discretionary 'granny- suite, not
greater than 28 m2 (300 ft2)
Total floor area of all accessory buildings shall be less than
permitted floor area of Principal Building area built, and not
more than 10% of site area.
Maximum of site coverage (maximum
of all buildings combined)
-
Hillside protection area (overlay
zone), site area with 15% or
steeper slope
30% of site area in hillside protection area
-
Site area with 14% or less slope
40%
58
Building height, maximum Council shall have the option of reducing the maximum building
height where the height of a proposed building would have a
negative impact on the natural vistas of the lake, valley
landscape, or on the neighbouring property owner's views.
Council shall have the deciding authority if there is any dispute
on property owner's views.
−
principal building height
9.0 m (29.5 ft), nor shall be more than two (2) stories in
height
−
accessory building
6 m (20 ft), provided that the height shall not exceed the
height of principal building
b) Recreational and Public Facilities:
No minimum
No minimum
No minimum No minimum
c) Institutional and Public Facilities:
Front yard, minimum
7.5 m (24.6 ft)
7.5 m (24.6 ft)
7.5 m (24.6 ft)
Side yard, minimum
1.5 m (5 ft)
or one half the
building height
whichever is greater
1.5 m (5 ft)
or one half the
building height which-
ever is greater
1.5 m (5 ft)
or one half the
building height
whichever is greater
For residential sites legally created
prior to passing the zoning bylaw
(October 23, 1981) the following
regulations (minimum standards) shall
apply:
R-1
Site area, minimum
450 m2 (4,843.92
ft2)
Site frontage, minimum
15 m (50 ft)
Front yard, minimum
6 m (20 ft)
Side yard, minimum
1.5 m (5 ft)
Floor area, minimum
40 m2 (430 ft2)
*** The Official Community Plan and this Zoning Bylaw prohibit additional R-2 zoning district
without back lane and additional R-3 zoning district.
A 430 m2 (4,628.63 ft2) for Lots 1 and 2 Block 2, Plan No. AC.4042 Lots A, B, and C, Block 2, Plan
No.69-PA-08369. January 19, 1989 #22 in Section SE 27-42-26-W2M.
A160 m2 (1,722 ft2) for lots 1 to 9 inclusive in Block 1(13) and Lots 1 to 10 in Block 2(14?), at
Sandy Point. November 27, 1989 #25 in Section 25-42-26-W2M.
B Front yard minimum in Hillside Protection Area: the minimum front yard requirement for
dwellings (principal building) shall comply with Section 7.1.4.2.6
C R- 2 Residential Lots 4 to 14 inclusive in Block 9, and Lots 1 to 14 inclusive in Blk. 10 on Plan of
Subdivision by J. Russ George, SLS, (September 15, 1982). #14
NOTE: Undersized lots still in force prior to the passing of this bylaw, having less than the
minimum frontage, yard setbacks, or less than the minimum site area required for R -1 zoning
district by the zoning bylaw, may be used for a purpose permitted in the zone in which the site is
located provided that all other applicable provisions of the Official Community Plan and Zoning
Bylaw are complied with.
Commercial District (C) Standards
1. Site and Yard Areas, Minimum
-
site width, minimum
- 15 m (49.2 ft)
-
site area, minimum -service stations - 929 m2 (10,000 ft2)
- all other uses
- 464 m2 (5000 ft2)
59
-
front yard, minimum -service station - 7.5 m (25 ft)
-all other uses -- no requirements
d) side yard, minimum - no requirement unless the site abuts a residential district and streets
in which case a side yard of at least 1.5 m (5 ft) shall be provided,
e) minimum rear yard
- 1.5 m (5 ft) where a lane is present
- 6 m (20 ft) where the rear yard of the site abuts a residential district,
f) any dwelling accessory to a principle commercial use shall conform to the site and yard area
regulations for residential uses as specified in the R--Residential District.
2. Landscaping
Where a site abuts a residential district and streets, the side and rear yards shall be
landscaped to the satisfaction of Council.
3. Storage of Goods in Yards
Vehicles, machinery and commodities shall not be stored or collected in any yard unless
within an enclosed building or screened to the satisfaction of Council.
4. Accessory buildings
Where a front yard has been provided no accessory building shall be located in that front
yard.
5. Service Stations
Fuel pumps and other accessory equipment shall be located at least 6 meters (20 feet) from
any Street or site line.
6. Signs and Billboards
a)
No more than two (2) signs are permitted on the premises.
b)
No sign shall have a facial area in excess of 3.4 square meters (36 square feet).
Each sign may be double faced.
c)
The maximum height of any sign shall be 6 meters (20 feet) above the ground
surface
d)
No sign shall be located in any manner that may, in the opinion of Council,
jeopardize the safety of others or create a visual obstruction.
Recreation District (REC) Standards
No minimum requirement.
Conservation District (CA) Standards
No minimum requirement.
Storage District (S) Standards
i.
Site area, minimum
464.5 m2 (5,000 ft2)
ii. Site width, minimum
12.2 m (40 ft)
iii. Front yard, minimum 6 m (20 ft)
iv. Side yard, minimum
1.5 m (5 ft)
v. Rear yard, minimum
6 m (20 ft)
vi. Site coverage, maximum
40%
Community Services District (CS) Standards
i.
Front yard, minimum 6 m (20 ft)
ii. Side yard, minimum
2 m (6.56 ft)
iii. Rear yard, minimum
6 m (20 ft)
60
Urban Reserve District (UR) Standards
For permitted uses (see: Section 7.3 Permitted and Discretionary Uses)
i.
Front yard, minimum 6 m (20 ft)
ii. Side yard, minimum
1.5 m (5 ft)
iii. Rear yard, minimum
6 m (20 ft)
7.5
PROHIBITED LAND USE IN ALL ZONING DISTRICTS
Notwithstanding the authority of Council to limit other land uses, the following buildings and use of
buildings and land shall be prohibited in any zone:
a) Mobile homes (existing lawfully permitted mobile homes will be non-conforming). (Modular
homes are allowed if they meet or exceed CSA Z240 and meet the national building code
standard),
b) Multiple unit dwellings,
c) The use of any motor vehicle for human habitation,
d) Human habitation, such as camping or living on a vessel,
e) Exclusive private use of dedicated lands (public reserves, municipal reserves, environmental
reserves) and Crown foreshore lands,
f) Wind turbines,
g) Stables, livestock operations, or dog boarding kennels,
h) Personal care homes,
i) Gas stations or garages for the repair or maintenance of motor vehicles,
j) Tourist services and accommodations (Except for bed and breakfast lodging),
k) The bulk storage of industrial chemicals, hazardous waste or liquid industrial waste as defined
under the amemded Environmental Protection Act.
SECTION 8 - DEFINITIONS
Wherever the following words or terms are used in this Bylaw, unless the context provides
otherwise, they shall have the following meaning:
Accessory Building - a building, the use of which is subordinate to that of a principal building or
use situated on the same lot/site. Accessory Building includes fabric covered structure.
Accessory Storage Area - an area designated within the Resort Village for the purpose of storing
recreational vehicles, motor vehicles, boats, cars dollies, utility trailers, and the like.
Accessory Use - is a building, structure or activity, which is incidental to, and subordinate to, the
principal use or activity and which is conducted and located on the same lot/site as the principal
building or use, and used in conjunction with that principal use.
Act, The - The Planning and Development Act, 2007, its amendments and successor legislation.
Administrator - The Administrator of the Resort Village of Wakaw Lake.
Alteration - any structural change or addition made to any building.
Ancillary Use - a secondary and subordinate use to the principal use, which is specifically allowed,
and may include an associated building that is specifically allowed pursuant to this Bylaw.
Apartment - a building divided into three or more dwelling units, each of which is occupied or
intended to be occupied as the permanent home or residence, not including a hotel or rooming
house.
Approved - approved by the Council of the Resort Village of Wakaw Lake.
61
Aquifer - an underground layer of gravel or sand that contains groundwater. Residents of the
Resort Village depend on groundwater for their drinking water.
Aquifer Protection Zone, High Sensitivity - area of sand/coarse sand overlaying a portion of
the aquifer. For example, the village area, because of coarse sandy subsoil, is considered highly
sensitive aquifer area.
Awning - a canvas or similar flexible material stretched over a frame, plastic, vinyl or lightweight
metal shelter projecting from a wall over a window or entrance to a building.
Bed (body of water) - that portion of a water body or watercourse that is periodically or
continuously covered by water.
Bed-and-Breakfast Home - a bed-and-breakfast facility is an accessory use of a single detached
dwelling, licensed as an itinerant use accommodation The Public Accommodation Regulations, in
which bedrooms are rented to paying customers on an overnight basis with no more than one meal
served daily and before noon.
Boat - a vessel other than a Personal Watercraft
Boat Lift - any structure having temporary footings in the lake or on land, designed to lift a vessel
out of the water and/or provide a platform for temporary vessel storage and no extension or other
structure or object (such as a roof or canopy) may be attached to or upon a boat lift. A boat lift
may be attached or unattached to a dock.
Building - a structure constructed or placed on, in or over land but does not include a public
highway.
Building Bylaw - a bylaw of the Resort Village of Wakaw Lake regulating the erection, alteration,
repair, occupancy, or maintenance of buildings and structures, adopted pursuant to The Uniform
Building and Accessibility Standards Act.
Building Height --the vertical distance of a building or structure measured from the highest grade
on the building footprint, to the highest point of the roof.
Building Permit - a permit, issued under the Building Bylaw of the Resort Village of Wakaw Lake,
authorizing the construction of all or part of a building or structure, but does not include a
development permit.
Building, Principal - a building within which the principal use of the site is housed or conducted.
Building Line, Established - a reduced front yard requirement pursuant to Sub-section 3
Established Building Lines (Section 3 General Regulations).
Canopy - a non-retractable, permanent roof-like structure constructed of durable material
extending from part or all of a building.
Child Care Services (Day Care) - "Services that are provided at the request of a parent of a
child are provided for a child by a person other than a parent of the child, are provided for less
than 24 hours per day, and have as their primary purpose the care and supervision of children who
do not reside on the premises where the services are provided." (The Child Day Care Act). For the
purpose of this zoning bylaw, babysitting is excluded.
Club - a service club or private club which involves recreational, social, cultural or athletic
activities.
Council - the Council of the Resort Village of Wakaw Lake.
62
Deck - A structure which is either free standing or attached to a principal or accessory structure,
constructed at grade or above grade, intended or designed for use as an outdoor living space and
unenclosed by solid or non-solid walls or a roof.
"Dedicated lands" - those lands within the definition of dedicated lands contained in Section 2 of
The Act.
"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 any building or land.
Development, temporary - where dedicated lands are concerned, improvements or
landscaping, and maintenance of the improvements or landscaping.
Development Officer - the officer of the Resort Village of Wakaw Lake appointed pursuant to
Section 2 (SECTION 2 ADMINISTRATION) of the Bylaw to administer this Bylaw.
Development Permit - a permit, issued by the Council of the Resort Village or its designate that
authorizes development but does not include a building or a discretionary use permit.
Discretionary Use - a use or form of development that may be allowed in a zoning District
following application to, and approval of the Council; and which complies with the development
standards, as required by Council, contained in this Bylaw.
District - see Zone, or Zoning District.
Boat - a vessel other than a Personal Watercraft
Dock - a structure used for the purpose of mooring vessels(s) and for providing pedestrian access
to and from moored vessel(s) and can consist of a single dock, wharf or pier, including walkway
and access ramp.
Driveway - a road or lane from the village street that gives access to or from any parking area.
In the residential districts it is a driveway from village streets to the front of the lot.
Dwelling - a building used or intended to be used as a residence, but shall not include room
rental or Tourist Accommodation.
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, and each
unit provides for separate sleeping, cooking and toilet facilities.
Dwelling, Single Detached - a detached building consisting of one dwelling unit as defined here;
and occupied or intended to be occupied as a permanent home or residence. It may include an RTM
when attached to its foundation on the site, but not include a mobile or modular home.
Dwelling, multiple - a building containing three (3) or more dwelling units, but not including a
motel, hotel, converted dwellings, town houses or row houses.
Dwelling, duplex - a building divided horizontally or vertically into two dwelling units.
Ecology - the study of the relationships among organisms and the relationship between them and
their physical environment.
Fabric Covered Structures - a pre-manufactured, or homemade structure consisting of wood
framing, tubular metal, or tubular plastic frame, covered on the roof and a maximum of three sides
with fabric, reinforced plastic, vinyl, or other sheet material, with a maximum floor area no greater
than 240 square feet (22.3 square metres) intended for temporary storage purposes.
63
Flood, Designated - for the purpose of this Resort Village along Wakaw Lake, where the lake
level is controlled by a wier, the designated flood level is set by the Saskatchewan Watershed
Authority.
Flood Level - see Flood, Designated
Floodplain Setback, Shoreline Setback, Building Setback - the distance from the Natural
Boundary of Wakaw Lake to the backshore to allow for potential land/shoreline erosion.
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, sunroom, unfinished attic
or unfinished basement.
Frontage - the length of the front site line.
Garage, Private - a building or part of a building or a carport used or intended to be used for the
storage of motor vehicles and having a capacity for not more than three motor vehicles for each
dwelling unit to which the garage is accessory.
Garage, Public - a building or part of a building other than a private garage used for the storage,
care, repair, servicing or equipping of motor vehicles or where vehicles are kept for remuneration,
hire, sale or display.
Gas Bar - a commercial facility predominately for the sale of gasoline, diesel and propane, and
may offer for sale other petroleum products and vehicle accessories.
Grade Level - an average elevation of the finished surface of the ground adjacent to the exterior
walls of the building or structure.
Gross Floor Area - the total floor area in a principal building or structure measured between the
exterior faces of the exterior walls of the building or structure at the level of each story below, at
and above grade, excluding attics, balconies, boiler rooms, electrical or mechanical rooms, and
basement areas used exclusively for parking or storage.
Groundwater - water beneath the surface of land.
Hazard Land - land which may be prone to flooding, slumping, subsidence, landsides, or erosion
or any other instability or is a flood plain or watercourse.
Home Based Business - a business, occupation, trade, profession or craft customarily conducted
entirely within a residential building or an accessory building by the inhabitants of the dwelling, and
where the use is clearly ancillary and secondary to the residential use and does not change the
character of the dwelling and generates little or no traffic.
Hot tub - a hot tub or jacuzzi, whirlpool or spa.
Household Animal - a domesticated animal kept by the residents , which is used or the product
of which is used primarily and directly by the residents and not for sale or profit, and includes a
dog, cat, but specifically excludes Livestock.
Hydrogeology - the study of the movement of groundwater.
Lane - a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land intended primarily to give access to a lot at the side or rear of the property.
Livestock - a domesticated animal normally raised or kept for food, milk or as a beast of burden
or for hobby and, without limiting the foregoing, may include a horse, donkey, mule, ox, sheep or
swine, poultry and other fowl, but specifically excludes a Household Animal.
64
Lot/site - and area of land (example: residential parcel) with fixed boundaries and which is of
record in the Land Registry office of Information Services Corporation of Saskatchewan (Land Titles
Office) by Title Number (Certificate of Title). A lot/site is also referred to by Block Number and Lot
Number on village maps.
Lot Area - the horizontal area within the lot lines of the lot/site.
Lot Coverage - the footprint of the buildings on the lot (example: residential parcel), expressed as
a percentage of the lot/site area, including the principal building, accessory buildings, carports,
open decks, entry covered walkways and enclosed walkways, but excluding: driveway, parking,
heat pumps, air conditioners, steps, landings, wheelchair ramps, eaves, gutters, and awnings.
Lot Line (lot boundary) - a line delineating any boundary of a lot, the boundary of a lot/site,
defined as follows
i)
Lot Line, Front (Street), also street frontage - the boundary that divides the lot from
the street (road right of way), in the case of a corner lot, the front lot line shall mean
the boundary separating the narrowest street frontage of the lot.
ii)
Lot Line, Side - a lot boundary other than a front or a rear lot line
iii)
Lot Line, Rear (Green Space) - the lot line at the rear of the lot and opposite from
the front lot line
Marina - means a structure or place, containing docking facilities that are located on a waterway,
where boats, and boat accessories are stored, serviced, repaired or kept for sale and where
facilities for the sale of marine fuels and lubricated may be provided.
Mayor - the Mayor of the Resort Village of Wakaw Lake.
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 is used as a dwelling for permanent or year round living
-
that has water faucets, wash basin, a shower or bathtub, and a toilet that may be connected to
a water distribution and sewage collection system
-
which is certified by the manufacturer that it complies with the Canadian Standards Association
Code CSA-Z240 series standards.
Mobile Home Site - a parcel or piece of land for the placement of a mobile home and for exclusive
use of its occupants.
Mobile Home Court - any site on which two or more occupied mobile homes are located but does
not include an industrial or construction camp or tourist campsite.
Modular Home - a factory built home that is manufactured as a whole or modular unit and is
designed to be moved on a removable chassis to be used as one dwelling unit on a permmanent
foundation, and is certified by the manufacturer that it complies with the Saskatchewan Building
Code and the Canadian Standards Association Code CSA-A277 and meets the national building
code.
Modular Home, Single Wide - a modular home that is less than 5 m (16.40 ft.) in width.
Modular Home, Double Wide - a modular home that is greater than 7 m (23 ft.) in width.
Modular Unit - a factory built frame or shell which comprises supporting and non-supporting
walls, siding, and other components of a prefabricated home representing only a Section of a
dwelling and has neither chassis, running-gear, nor its own wheels.
65
Municipal Facility - Public Works owned by the Municipality/Resort Village.
Municipality - same as The Resort Village of Wakaw Lake under The Municipalities Act.
Natural Boundary - for the purpose of this Bylaw, the visible watermark of the lake elevation at
any time of the year along Wakaw Lake.
Non-Conforming Building - a building:
-
that is lawfully constructed or lawfully under construction, or with respect to which all required
permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw
affecting the building or land on which the building is situated or will be situated becomes
effective; and
-
that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw Becomes effective does
not, or when constructed will not, comply with the Zoning Bylaw.
Non-Conforming Site - means a site, consisting of one or more contiguous parcels, that, on the
date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that
conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the
Bylaw for that use.
Non-Conforming Use - a lawful specific use:
-
being made of land or a building or intended to be made of land or of a building lawfully under
construction, or with respect to which all required permits have been issued, at the date the
Zoning Bylaw or any amendment to the Zoning Bylaw affecting the land or building becomes
effective; and
-
that on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective
does not, or in the case of a building under construction or with respect to which all required
permits have been issued will not, comply with the Zoning Bylaw.
Official Community Plan - an official community plan adopted pursuant to section 29 of The Act.
Parcel - a surface parcel as defined in The Land Surveys Act, 2000. Also, see: Lot/Site.
Permitted Use - a use of land or buildings or form of development that is prescribed in the
Zoning Bylaw as a use that is allowed and for the purpose of this Bylaw all uses not listed as
permitted shall be deemed to be a prohibited use in that zone.
Personal Care - assistance with the performance of the personal functions and activities
necessary for daily living that a person is unable to perform efficiently for him or herself in their
home due to age, infirmity, physical or mental defect, or other disability.
Personal Care Home - a facility that provides accommodation and meals and supervision or
assistance with personal care to an adult who on account of age, infirmity, physical or mental
disability require special care, and who is not a relative of the person who operates the facility.
Prohibited Use - a use of land or a building or form of development that is prescribed in the
zoning bylaw as not allowed on a parcel/lot/site. Neither Permitted nor Discretionary Use -
Where a development proposal is not identified within the municipal zoning bylaw as a permitted or
adiscretionary use, the development is considered prohibited.
Permitted use - a use of land or building with associated development standards that shall be
permitted in a zoning district where all requirements of the Zoning Bylaw are met.
66
Personal Service Establishment - a development used for the provision of personal services to
an individual which are related to the care and appearance of the body, or the cleaning and repair
of personal effects, including barbershops, hairdresser, beauty salons, tanning salons, tailors,
dressmakers, laundromats, shoe repair shops, photographers, but excluding any adult or sexually
explicit services.
Personal Watercraft - is a jet propelled vessel typically ridden in a similar style as a motorcycle
and commonly referred to as a Jet Ski, Sea Doo or Wave Runner.
Principal Use - the primary purpose for which land, buildings, or structures are ordinarily used.
Public Land - Crown. lands and waters within the Resort Village.
Public Utility, and Works - a system, works, plant, equipment or service, whether owned or
operated by or for the Municipality, or by a corporation under agreement with the Municipality, or
under a federal or provincial statute, which furnishes any of the following services and facilities to
the residents of the Municipality:
-
systems for the production, distribution or transmission of electricity
-
systems for the distribution, storage, or transmission of natural gas or oil
-
facilities for the storage, transmission, treatment, distribution or supply of water
-
facilities for the collection, treatment, movement or disposal of sewage and garbage
-
telephone or light distribution lines
-
microwave and cell phone tower communication facilities
-
facilities for optical cable, or cable television services.
Radio and Television Communication Structure - structures used for receiving and
broadcasting radio or television signals.
Recreational Facility - the use of land, building or structures for indoor or outdoor activities and
specifically excludes arcades.
Recreational Vehicle - any camper, travel trailer, fifth wheel or motor home with a maximum
width of 2.6 meters (8.53 feet) in transit mode which can be used to provide sleeping
accommodation and which is capable of being licensed for highway use pursuant to the Motor
Vehicles Act.
Recreational vehicle or "RV" (short version) - a unit intended to provide temporary living
accommodation for campers or travellers; built as part of, or to be towed by a motor vehicle; and
includes truck campers, motor homes, tent trailers and travel trailers. Also, see definition of
Recreational vehicle or "RV" (as per the Canadian Recreation Vehicle Association).
Recreational vehicle or "RV" (as per the Canadian Recreation Vehicle Association) - means a
structure designed to provide temporary living accommodations for travel, vacation, or recreational
use and to be driven, towed or transported.
Living accommodations may include sleeping, kitchen, bathroom, and systems for fresh and
wastewater, 110/12V electricity, Propane, heating, air conditioning, and entertainment. It has an
overall length not exceeding 12.5 metres (41 ft)* and an overall width not exceeding 2.6 metres (8
ft 6 in), where the width is the sum of the distance from the vehicle centreline to the outmost
projections on each side (including door handles, water connections, and so on) when the vehicle is
folded or stowed away for transit. Such structures include folding camping trailers, travel trailers,
fifth wheel trailers, slide-in truck campers and motor homes (as described by the Canadian
Recreation Vehicle Association).
* For a fifth wheel travel trailer this measurement shall be 11.3 metres (37 ft) taken from
the extremity to the front of the main body measured at the floor line.
67
NOTE:
a) Recreational Vehicles are classified in to three basic categories: Motorized RVs, Towable RVs,
and Park Models. These Recreational Vehicles should display Twin Seals of Excellence and
CAN/CSA Z-240. Recreational vehicles displaying CAN/CSA Z-240 shall be allowed in the
Recreational Vehicle campground in the Resort Village of Wakaw Lake.
b) Towable RV's do not require permanent and continuous on-site hook-ups to sewage, water, and
electricity.
c) Park Models are available in two different classes:
i.
The one allowed in the Resort Village: the Park Model Trailer 102 which is built to RV
specifications with the CSA A-240 Standard, and the trailer has a floor area that does
not exceed 11.33 m2 (400 ft2) and
ii.
Park Model Recreational Unit with the CSA Z-241 (floor area exceeds 11.33 m2) may be
allowed on a campsite where the required separation distance between the CSA Z-241
unit in full set-up (with slide out and awnings and canopies fully extended) and other
recreation vehicles shall be maintained.
Seasonal recreational vehicle shall mean a recreational vehicle used on a seasonal basis, and
closed and vacated at least sixty (60) continuous days between October 31 and April 30 of the
following year. Seasonal Recreational Vehicle shall not include any of the following:
a) Permanent Trailer as defined in DEFNITIONS.
b) Mobile homes
c) Manufactured and modular home
d) Cabins
e) Permanent, principal or year-round residences.
f) Continuous (permanent) connection to sewage, water, and electric hook-ups.
Resource Management/Landscape Management -The wise use of a particular resource like
grasslands and tree plantations/open spaces/environment to achieve a specific end such as shade,
shelter, wildlife habitat, soil protection, watershed protection, aesthetics for the enjoyment and
benefit of all the residents of the Resort Village.
Retail Store - establishments engaged in selling goods or merchandise to the general public for
personal or household use; and rendering services incidental to the sale of goods such as
groceries, hardware, dry goods, sporting goods, novelties, jewellery, household appliances, books
and magazines.
Rooming House - a building containing more than one rooming unit.
Rooming Unit - a room or rooms for only paid accommodation that is not a dwelling unit or other
form of accommodation defined elsewhere in this Bylaw, and which may or may not provide meals;
and makes no provisions for cooking in any of the rooms occupied by paying guests.
'Ready to Move' (RTM) Dwelling - a new single detached dwelling constructed off site to
National Building Code or CSA A277 standards to be moved onto a new permanent residential site
building foundation.
Road allowance or village road right of way - surveyed road-right-of-way which afford the
principal means of access to the abutting parcel property.
RV Site - shall mean an area designated as a campsite/RV site for no more than one (1) RV
Vehicle and for an automobile or other vehicle to accommodate camping, with the actual
dimensions clearly indicated on the site plan as required under this Bylaw.
68
Secondary Suite - one or more habitable rooms with bedroom(s) and one cooking facility,
constituting a self-contained unit with a separate entrance, but which is clearly subordinate to the
principal dwelling.
Sensitive Area - land or water area containing features whose protection is advocated by any
individual or interest group.
Setback - the required minimum horizontal distance measured between a building or use and
each of the respective lot lines.
Seasonal Recreational Vehicle Campground (RV Park) shall mean a recreational vehicle
campground (RV Park) used on a seasonal and recreational basis by seasonal recreational vehicles,
and closed and vacated for at least sixty (6o) continuous days between October 31 and April 30 of
the following year.
Sight Triangle, Driveway - the area contained in the triangle formed by the intersection of the
edge of a driveway giving access to a street or lane and the property line and a straight line drawn
from a point 3 m from that intersection along the driveway within the property to a similar point
along the property line 3 m away from the driveway.
Sight Triangle, Street- the area contained in the triangle formed by the corner property lines and
a straight line drawn from a point 7.5 m from the corner property pin to a similar point 7.5 m
along the perpendicular or intersecting property line.
Sign - any device, letter, figure, symbol, emblem or picture, which is affixed to or represented
directly or indirectly upon a building, structure or a piece of land and which identifies or advertises
any object, product, place, activity, person, organization, or business in such a way as to be visible
to the public on any street or thoroughfare.
Site Area (or) Site Coverage - see Lot Coverage
Site Line, Front - the boundary that divides the site from the street, in the case of a corner site,
the front site line shall mean the boundary separating the narrowest street frontage of the site.
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.
Sleeping Unit - one or more habitable rooms used for sleeping and living purposes but in which
there is no kitchen or cooking facilities.
SPI - Statements of Provincial Interets - The Statements of Provincial Interest Regulations Chapter P-
13.2 Reg 3 (effective March 29, 2012).
The Statements of Provincial Interest Regulations (SPI) provide guidance to municipalities on a
complex series of land use and development issues for municipalities.
Provincial oversight to ensure consistency with the SPI occurs through the approval of new official
community plans, district plans, zoning bylaws and subdivision bylaws by the province (Community
Planning Branch). Subdivision approving authorities, including the province, are responsible for
ensuring consistency with the SPI during the subdivision approval process.
69
The fourteen key areas of common planning interest to the province and municipalities are:
-
Agriculture and Value-
Added Agribusiness
-
Biodiversity and Natural
Systems
-
First Nations and Métis
Engagement
-
Heritage and Culture
-
Inter-municipal
Cooperation
-
Mineral Resource
Exploration and
Development
-
Public Safety
-
Public Works
-
Recreation and Tourism
-
Residential
Development
-
Sand and Gravel
-
Shore Land and Water
Bodies
-
Source Water Protection
-
Transportation
Municipalities are to address "insofar as is practical" each statement of interest in official
community plans, zoning bylaws and subdivision bylaws.
Storage Shed - a building with a maximum horizontal floor area of 100 square ft (9.29 square
m), or a maximum horizontal roof area of 110 square ft (10.22 square m), used exclusively for the
storage of goods.
Street - a public thoroughfare which affords the principal means of access to the abutting
property. Also see: Streets under Section 16 of The Subdivision Regulations.
Structure - anything that is built, constructed or erected, located on the ground, or attached to
something located on or in the ground.
Structure, Temporary - anything that is built, constructed or erected, located on the ground or
attached to something located on the ground but that may be relocated or moved and is not of a
permanent nature.
Sustainable Development - "Sustainable development is development that meets the needs of
he present without compromising the ability of future generations to meet their own needs." (Page
8, World Commission on Environment and Development. Our Common Future. (Oxford, Great
Britain: Oxford University Press, 1987).
Swimming Pool - any structure, in ground or over ground, intended primarily for recreation that
is, or is capable of being, filled with water to a depth of 2 ft (0.6 metres) or more. A hot tub which
must have a drainage system into a sanitary sewer/septic tank shall not be considered a swimming
pool.
The Act - The Planning and Development Act, 2007.
Tourist Accommodations - rooms, hotel, motel, rental cabins used by travellers for overnight
accommodation.
Tourist Campground - a site which provides for the location of tents or trailer coaches used by
travellers and tourists for overnight accommodation.
Tourist Home - a private home or dwelling other than a rooming house, hotel or motel in which
rooms are offered for rent to the travelling public for sleeping accommodations.
Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in such a manner to permit the occupancy thereof
as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is
removed or that it is jacked up.
70
Trailer, permanent shall mean a trailer and/or a recreational vehicle used as a permanent,
principal and/or year-round residence that has been constructed to allow year-round occupancy in
accordance with provincial regulations and municipal bylaws.
Units of measure - units of measure in this Bylaw are metric abbreviated as follows:
m
metre(s)
km
kilometres
m2
square
metre(s)
ha
hectare(s)
Use - the purpose for which any lot, site, or surface water, building or structure, is designed,
arranged, or intended, or for which it is occupied or maintained.
Vessel - means every type of boat, ship, or craft designed, used or capable of being used solely
for navigation in, on, through or immediately above water, without regard to method or lack of
propulsion.
Village - The Resort Village of Wakaw Lake.
Yard - any part of a site unoccupied and unobstructed by any principal building or structure.
Yard, Front - a yard extending across the full width of a lot/site between the front site line and the
nearest main wall of the principal building or structure on the lot/site.
Yard, Rear - a yard extending across the full width of the lot/site between the rear lot/site line
and the nearest main wall of the principal building or structure on the lot/site.
Yard, Side - a yard extending from the front yard to the rear yard between the side lot line and
the nearest wall or supporting member of a building or structure.
Zone - a land use district (same as Zoning District, or District) established by SECTION 5 of this
Bylaw
Zoning District - the area into which the Resort Village of Wakaw Lake is divide in accordance
with this Bylaw and for which specific regulations are outlined in this Bylaw.
71
SECTION 9 - COMING INTO FORCE
1) This bylaw shall come into force on the date of final approval by the Minister of Government
Relations
2) Bylaw 1-2023 is hereby repealed
INTRODUCED AND READ a first time this 18th day of March, 2024. A.D.
READ A SECOND time this 21st day of October, 2024. A.D.
READ A THIRD TIME AND ADOPTION of bylaw this 21st day of October, 2024. A.D.
__________________________
MAYOR
(S E A L)
__________________________
CAO
Approved this
day of
, 2024. A.D.
by:
___________________________________________
Minister of Government Relations
APPENDICES
Appendix A: Application for Development Permit, Form A and B
Appendix B: Application for Lakeside Land Development Permits, Form C
Appendix C: Zoning District Map
Appendix D: Lot Schematics
Certified a true copy of Bylaw 2-2024 adopted by Resolution of Council on the October
21st, 2024.
CAO
72
Appendix A - Application for Development Permit, Form A and B
The Resort Village of Wakaw Lake
Box 58, Wakaw SK S0K 4P0
DEVELOPMENT PERMIT APPLICATION
per Bylaw 1-2023 Zoning Bylaw
Location:
Civic Address:
Lot:
Block:
Plan:
Owner/ Agent on Behalf of Owner:
Titled Owner:
Agent:
Mailing Address:
City:
Province:
Postal Code:
Phone:
Email:
Existing Use:
Proposed Use:
(Yard encroachments, Accessory building permit, Temporary Residence during Construction, Demolition of
Building, Building to be Moved, Minor Variance, Grading and Levelling (and clearing), Driveways, Development
Permit - Campground, Development Permit - Permitted Uses in Campground, Tree Removal)
Start Date:
Anticipated Completion Date:
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 intensity of the use of any building or
land.
Office Use Only:
Development Permit #:
Date Issued:
73
Description of Development (excavation, residence, garage, commercial, fence,
accessory building)
Attachments
Site Plan
Scale drawing including location and
dimensions of all existing and
proposed buildings (including
accessory buildings and decks)
A site plan and building plans
are required for all projects
except a change of use
where no construction,
alteration, or renovation is
proposed.
Building Height
Building height of proposed principal
or accessory building from average
grade to the peak of the building.
Title
A copy of the title is required.
To confirm the property
owner and any development
interests on title.
Discretionary Use
Any supporting documents
(Bed & Breakfast, Convenience Store,
Coffee Shop. Home Business)
RPR
A Real Property Report - surveyed
location of all existing buildings and
structures on the site
May be required as a
condition of your
development or to close the
permit after development.
Geotechnical Survey
A signed geotechnical survey of the
ground/ slope by a certified engineer.
May be required as a
condition of your
development before work
begins.
Declaration by applicant
I hereby certify that I am the registered owner or that I am authorized to act on behalf of the registered owner of
the land described herein and that all statements contained within this application are true, and I make this
solemn declaration conscientiously believing it to be true, knowing that it is of the same force and effect as if
made under oath, and by virtue of The Canada Evidence Act.
Signature of Applicant: ________________________________ Date: _______________________
PERMIT APPLCIATIONS WILL NOT BE PROCESSED UNTIL ALL REQUIRED INFORMATION AND
FEES OR DEPOSITS HAVE BEEN RECEIVED.
Additional permit applications that may be required: Resort Village of Wakaw Lake Building
Permit $50.00, BuildTech Inspections Building Permit (fee determined by building inspector),
Moving Bond $20,000.00, Demolition Permit $30.00, Minor Variance Permit $30.00
74
Form B - Bylaw No. 1-2023
The Resort Village of Wakaw Lake
Notice of Decision Regarding a Development Permit
To: _________________________________________________________________
(Applicant)
(Address)
This is to advise that your application for a:
___ Development Permit (Permitted Use) - Sec. 2.1
___ Development Permit (Discretionary Use) - Sec. 2.2
___ Another permitted use as specified: _________________________________________
HAS BEEN:
___ Approved
___ Approved subject to conditions or standards listed in the attached letter dated ____________
_______________________________________________________________________________
____ Refused for the reasons stated in the attached letter dated __________________________
If your application has been approved with or without conditions, this form is considered to be the
Development Permit referred to in Section 2.1.2 of Bylaw No. __/2013, the Zoning Bylaw. If
the development or use authorized by a development permit is not commenced within twelve (12)
months from the date of issue of a permit, the permit is deemed void unless an extension has been
granted prior to its expiry.
_______________________
___________________________
Date
Signature of Development Officer
RIGHT OF APPEAL
In addition to any other right of appeal provided The Planning and Development Act, 2007 or any
other Act, under Section 219 of The Planning and development Act, 2007 an affected person may
appeal a decision by the municipality where:
-
A development permit has been refused for a permitted use or permitted intensity of use or
form of development.
-
A development permit has been issued with standards and conditions that the applicant
considers to be excessive.
-
A development permit has been issued for a discretionary use (or form of development) with
development standards or conditions (NOTE: only the standards or conditions may be
appealed).
-
A development permit has been issued but the appellant believes that the permit has been
issued in contravention of the zoning bylaw.
-
A person is affected by the refusal of, approval with terms and conditions of, or revocation of an
approval to, an application of a minor variance.
-
An order has been issued by the municipality to cease development.
75
An appeal is not allowed if:
-
The use or intensity of use is not allowed by the bylaw.
-
It is a discretionary use or discretionary intensity of use or form of development that has not
been approved by Council.
-
The use is prohibited.
-
Council refuses to amend the zoning bylaw or rezone the land.
Your appeal must be made in writing within 30 days of this notice, to:
Secretary, Development Appeals Board
The Resort Village of Wakaw Lake
Box 58, Wakaw, SK, SOK 4P0
76
Appendix B: Application for Lakeside Land Development Permits, Form C
"Form C"
The Resort Village of Wakaw Lake
APPLICATION FOR A MUNICIPAL PERMIT FOR
SHORELINE STRUCTURE PLACEMENT (dock and boat lift)
APPROVED SHORELINE DEVELOPMENT AND OR ALTERATION
Date________________________
1. FULL NAME, with INITIALS of the applicant (or names of joint applicants for sharing a boat dock)
________________________________________________________________________
(applications are accepted only from ratepayers of the Resort Village)
PROPERTY ADDRESS in the resort village. Lot_________________ Block__________________
MAILING (civic and legal) ADDRESS: ______________________________________________
Telephone: __________________________, e-mail address:___________________________
2. REQUESTED LOCATION: ___for the shoreline structure (boat dock or lift) and or ___for the shoreline
development/alteration:
_______________________________________________________________________________
_______________________________________________________________________________
(Attach sketch of requested location)
3. ____ Attach photograph of project location before installation or development and photo of installation or
development when applying for renewal of permit by back-row village resident or cottager.
4. AGENCIES CONTACTED (underline name of agency) with your proposed shoreline structure installation
and or shoreline development.
o
Saskatchewan Environment (to alter the bed, bank or boundary of the lake; to remove or add any material to the
bed, bank or boundary; to remove vegetation from the bed, bank, or boundary)
o
Applicants interested in a municipal permit for Shoreline Development and Alteration and for Shoreline Structure
(Boat dock and boatlift) on Crown land need to get permission from Saskatchewan Environment
o
Saskatchewan Water Security Agency
o
Fisheries and Oceans Canada (changes to the shore and to fish habitat)
o
Transport Canada (implications for navigation)
o
Other ______________________________________________________________________________________
Attach copies of agency responses and conditions ___ and agency permits ___ to this application.
5. IF APPLICATION IS FOR SHORELINE DEVELOPMENT and or ALTERATION, please describe:
________________________________________________________________________________________
________________________________________________________________________________________
6. A. IF APPLICATION IS FOR SHORELINE STRUCTURE (dock, boatlift, personal watercraft lift) PLACEMENT at
lake access node, please describe:
_________________________________________________________________________________
B. IF APPLICATION IS FOR SHARING OF DOCK, boatlift, personal watercraft lift with lakeside cottage
owner, please describe:
_________________________________________________________________________________
Distance from existing mooring structures (dock or pier) to the right (or projection of lot-line)_____ m (ft)
and to the left _____ m(ft), where applicable (6 A. or B.).
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7. STAIRWAY REQUEST? ____ (attach sketch of location and sketch of stairway with dimensions. Stairways
shall meet the National Building Code requirements).
8. ATTACHMENTS:
-
Attach proof of public liability insurance (a condition of approval) ______
-
Application fee: $ ______
-
Municipal permit fee $ _____
9. APPROVED __ or NOT APPROVED __ BY COUNCIL for:
___ An agreement, to grant permission to place a development (shore land stabilization or
landscaping) and maintenance of the improvement on dedicated lands pursuant to Section 194 (1) of
The Act.
___ A permit to grant permission to place a temporary structure on dedicated lands (shorelines)
Section 194 (2) of The Act. for six months durations (during open water).
10. ___ APPROVED WITH ATTACHED CONDITIONS, if any:________________________________________
___ Two Permanent identification markers (to be affixed to your structure for inspection from the lake and
from land) attached.
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Left Blank - Insert Zoning Map
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Appendix D - Lot Schematics