RURAL MUNICIPALITY OF SPIRITWOOD NO. 496 ZONING BYLAW NO. 1-84

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1 RURAL MUNICIPALITY OF SPIRITWOOD NO. 496 ZONING BYLAW NO NOTE: The Regulations as shown in the Zoning Bylaw are indicated in metric. Shown for informational purposes only in the imperial equivalent. 1

2 CONTENTS PART I INTRODUCTION 1 1. Short Title 2. Purpose of Zoning Bylaw 3. Scope 4. Definition PART II ADMINISTRATION 1. Administrator Responsible Development Permit Requirements Exemptions Building Permits License Permits and Compliance Service Agreements Non-Conforming Use Appeals Amendment of the Zoning Bylaw Offences and Penalties PART III GENERAL REGULATIONS 1. Waste Disposal Areas Prohibited for Buildings Number of Principle Buildings on Site Referral to Department of Public Health Frontage on Road PART IV DEFINITIONS 5-8 PART V ZONING DISTRICT 9 1. Classification of Zoning Districts 2. Boundaries of Zoning Districts 3. The Zoning District Map PART V1 ZONING DISTRICTS SCHEDULES 1. AR Agriculture/Residential District H Hamlet District HC Highway-Commercial District LD Lakeshore Development District PART VII EFFECTIVE DATE OF BYLAW APPENDIX DEVELOPMENT PERMIT 2

3 Section 60 of The Planning and Development Act provides that the Council of a municipality may pass a Zoning Bylaw. Therefore, the Reeve and Council of the Rural Municipality of Spiritwood No. 496 in the Province of Saskatchewan, in an open meeting enact as follows: PART I PART II INTRODUCTION 1. Short Title This Bylaw shall be known as the Rural Municipality of Spiritwood No. 496 Zoning Bylaw. 2. Purpose of Zoning Bylaw This is a bylaw to control the use and development of land in the municipality. 3. Scope No person shall carry out any developments within the limits of the municipality, except in conformity with the provisions of this Bylaw. 4. Definitions The list of definitions of words and terms used in the Bylaw, are included in Part IV. ADMINISTRATION 1. Secretary Treasurer Responsible The Secretary Treasurer of the Municipality shall be the Development Officer responsible for the administration of this Bylaw. 2. Development Permit Requirement Every Person, before commencing any development within the municipality, shall apply to the Secretary Treasurer for development permit. A development permit does not exclude the need for other permits, approvals or authorization. 3. A Development Permit is not required for any of the following: 3.1 Farm buildings where applied to a principal agricultural use of the land in the AR Agricultural Residential District established by this Bylaw. Farm residences shall require a development permit. 3.2 The carrying out of any operations for the purpose of inspecting, repairing or renewing sewers, mains, cables, pipes, wires, tracks or other similar apparatus required by a public utility for any lawful use of buildings or land. 4. Building Permits A building permit, where required, shall not be issued unless a development permit has also been issued. 5. Licenses, Permits and Compliance with other Bylaw 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 Rural Municipality of Spiritwood No. 496 or from obtaining any license, permission, permit, authority or approval required by this or any other bylaw of the Rural Municipality of Spiritwood No Where provisions in this bylaw conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail. 3

4 6. Service Agreements Proposals may be subject to the requirement of entering into a service agreement between the developer and the Municipality and the posting of a performance bond with the Municipality, to cover matters of road landscaping, and other aspects felt required by Council as per Section 113 (c) of The Planning and Development Act. 7. Non-Conforming Use Where at the date of the approval by Minister of this Bylaw a building is lawfully under construction or all required permits for the construction of a building have been issued, the building shall be deemed to be a building existing at the date of the approval of the Bylaw, provided that the erection of any such building shall be commenced within twelve months after the date of the issue of the last permit relating thereto, and the provisions of Section 76 to 81 of The Planning and Development Act shall apply to such building. 8. Notice of Right to Appeal 8.1 Council shall appoint a Zoning Appeals Board in conformity with the provisions of The Planning and Development Act. 8.2 Appeals in writing may be made to the Zoning Appeals Board by any person who: a) alleges that the Council or any person acting for or on behalf of the Council has misapplied the bylaw in a particular case; or b) claims that there are practical difficulties or unnecessary hardships in the way of carrying out the bylaw by reason of the exceptional narrowness, shortness, shape, topographic features or any other unspecified unusual condition of a specified property. 8.3 A person who appeals under clause b) of subsection 8.2 shall not be entitled to have his appeal allowed if: a) the unusual condition is the result of his or the property owner s own actions; b) the adjustment requested would constitute a special privilege inconsistent with the restrictions on the neighboring properties in the same district; or c) a relaxation of the provisions of the bylaw would be contrary to its purposes and intent and would injuriously affect the neighbouring properties. 8.4 In making an appeal to the Zoning Appeals Board, and hearing such appeal, the provisions of The Planning and Development Act, shall apply. 9. Amendment of the Zoning Bylaw 9.1 Subject to Sections of the Planning and Development Act this Bylaw may be amended whenever the public necessity, convenience, general welfare or good planning practice require. 9.2 When an application is made to the Council for an amendment to this Bylaw, such application shall be accompanied by an application fee as specified by Section 74 (1) of The Planning and Development Act. 4

5 10. Offences and Penalties Any persons who contravenes any of the provisions of this Bylaw is guilty of an offence and is liable on summary conviction to the penalties provided by Section 203 of the Act, namely a fine of not more than $1, and, in the case of a continuing offense, to a further fine not exceeding $ for each day during which the offense continues. In addition, a person convicted in respect of a development carried out in contravention of this Act or any order, regulation, bylaw, municipal development plan or scheme in force pursuant to this Act may be ordered to remove such development. PART III GENERAL REGULATIONS 1. Waste Disposal No liquid, solid or gaseous wastes shall be disposed of except in accordance with Acts administered by the Departments of Agriculture, Environment and Health. 2. Area Prohibited for Buildings 2.1 No building or structure shall be located on land that, in the opinion of a professional consultant, may be prone to slumping, subsidence, landslides, erosion or any other instability. No residential building shall be located in any area that is a flood plain or water course; or where an all weather access road would be prohibitively expensive to construct or maintain. Where Council is of the opinion that any of the above mentioned conditions may exist on a particular site, Council may require the proponent of the development to pay for an inspection of the site by a professional consultant of Council s choice. A development permit shall not be issued unless a favorable report on the site is presented by the professional consultant. 2.2 No residential, commercial or industrial building will be permitted within 300m ( feet) of a non refrigerated anhydrous ammonia storage tank or 600m ( feet) from a refrigerated anhydrous ammonia storage tank. Residences and buildings, are not integral part of the fertilizer operation, are not subject to the foregoing buffer requirement. 3. Number of Principal Buildings Permitted on a Site Not more than one principal building or use shall be placed on any one site. 4. Referral to Department of Public Health A copy of all approved development permit applications involving the installation of water and sanitary services shall be supplied to the local office of the Department of Public Health. 5. Frontage on Road No development permit shall be issued unless the site or parcel of land intended to be used, or upon which a building or structure is erected, abuts, or has frontage on an existing public road. 6. Tourist Campgrounds 6.1 The operator of a campground shall provide the development officer with a plan of the campground, identifying any buildings, uses of land and the location of all roadways and trailer coach or tent campsites with dimensions. The addition or rearrangement of campsites, the construction or moving of buildings, the material change in use of portions of land, or the filling or clearing of land shall require a development permit and the operator shall submit for approval an amended plan incorporating the development. 5

6 6.2 A campground shall have within its boundaries a buffer area abutting the boundary of not less than 4.5 metres which shall contain no buildings. 6.3 The operator of a campground shall designate a campsite for each trailer coach or tent party, which shall be greater than 100 square metres (1076 square feet) in area with its boundaried clearly marked. 6.4 No portion of any campsite shall be located within a roadway or required buffer. 6.5 Each campsite shall have direct and convenient access to a developed roadway, which is not located in any buffer area. 6.6 Each trailer coach shall be located at least 4.5 metres from any other trailer coach, and each campsite shall have dimensions sufficient to allow such location of trailer coaches. 6.7 The space provided for roadways within a campground shall be at least 7.5 metres in width. No portion of any campsite, other use or structure shall be located in any roadway. 6.8 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. 6.9 The Public Health Act and the Regulations passed thereunder shall be complied with in respect to all operations and development of the campground. PART IV DEFINITIONS Whenever in this bylaw the following words or terms are used they shall, unless the context otherwise provides, be held to have the following meaning: Accessory building A separate building or structure normally incidental to the principal building or structure on the same site. Accessory use shall mean a use customarily incidental and subordinate to the principal use or building and located on the same site with such principal use or building. Act The Planning and Development Act R.S.S Agriculture holding shall mean the total land holding within the Rural Municipality of Spiritwood No. 496 of a person (s) engaged in an agricultural operation. Agricultural operator shall mean a farmer or a person whose principal source of income is derived from the agricultural production of his agricultural operation. Alteration shall mean any structural change or addition made to any building. Animal Unit shall mean the kind and number of animals calculated in accordance with the following table: Kind of Animal Number of animals = 1 animal unit Poultry - hens, cockerels, capons 100 chicks, broiler chickens 200 turkeys, geese, ducks 50 exotic birds 25 Hogs - boars and sows 3 gilts 4 6

7 feeder pigs 6 weanling pigs 20 Sheep - rams and ewes 7 lambs 14 Goats - including all llamas and alpacas 7 Cattle - cows and bulls 1 feeder cattle 12 replacement heifers 2 calves 4 Horses - colts and ponies 2 other horses 1 Other - bison 1 Other domesticated native 4 Ungulates (deer, elk, etc.) Auxillary use shall mean a use subordinate in size intensity and extent to a principal use and carried on the same site by the operator of the principal use. Bed and breakfast home shall mean a dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969 or any replacement thereof, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the traveling public for a large. Building shall mean a structure used for the shelter or accommodation of persons, animals, goods or chattels. Building, accessory shall mean a subordinate detached building appurtenant to a main building or main use and located on the same site, the purpose of which is to provide better and more convenient function of the main building or main use. Building, residential shall mean a single detached, semi detached, duplex, mobile home or dormitory dwelling unit. Building line, established shall mean the average distance from the street line to the main wall of existing buildings of any side of any block where more than half the frontage has been built upon. Campground, Tourist the seasonal operation of an area of land, managed as a unit, providing temporary short term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by travelers and tourists. Cluster shall mean a grouping of lots approved as a country residential development. Council shall mean the Council of the Rural Municipality of Spiritwood. Development shall mean the carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use of any building or land. Development Permit shall mean a permit, issued by the Council of the Rural Municipality of Spiritwood No. 496 that authorizes development, but does not include building permits. Discretionary use shall mean any development permitted in a zoning district subject to the location and conditions specified by Council on the Development Permit. Dwelling unit shall mean one or more habitable rooms constituting a selfcontained unit and used or intended to be used together for living and sleeping purposes by one or more persons. Dwelling, dormitory shall mean a room or set of rooms used for the habitation of one or more persons but does not include eating quarters. This type of dwelling may be made of two or more apartments or sets of rooms, for 7

8 the use of individuals working in an agricultural operation on the agricultural holding. Dwelling, semi-detached shall mean two dwelling units side by side in one building unit with a common party wall which separates, without opening, the two dwelling units through-out the entire structure. Dwelling, single detached shall mean a detached building consisting of one dwelling unit as herein defined, and occupied or intended to be occupied as the permanent home or residence but shall not include a mobile home as herein defined. Farmer see agricultural operator. Farmstead means the land area which includes the residence of the farm operator and those buildings or facilities which are related to the farm operation, and are normally surrounded by the farmstead shelterbelt. 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, verandah, sunroom, unfinished basement, or attic. Hazard land land which may be prone to flooding, slumping, subsidence, l and slides, or erosion or any other instability, or is a flood plain or watercourse. Household unit means one or more persons occupying a dwelling and living as a single housekeeping unit. Home occupation an accessory use carried on as an occupation conducted for gain in a dwelling by the resident or residents. Intensive Livestock Operation shall mean the rearing, confinement, or feeding of poultry, hogs, sheep or cattle in such number as may be prescribed by the regulations made pursuant to the Pollution (By Livestock) Control Act. Mobile Home shall mean a trailer coach: i) That is used as a dwelling; ii) That has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and, iii) That is equipped with facilities for washing and water closet or other similar facility that may be connected to a sewage system. Mobile Home Site shall mean a site, parcel or piece of land for the placement of a mobile home and for exclusive use of its occupants. Mobile Home Court shall mean any tract or parcel of land on which two or more occupied mobile homes are located, not including a temporary construction camp. Municipality shall mean the Rural Municipality of Spiritwood No. 496 Non-conforming use shall mean any use of land, building, or structure lawfully existing at the time of the passing of this Bylaw, the use of which does not comply with all the regulations of this Bylaw governing the zoning district in which it is located. Non-farm residential shall refer to a dwelling or site which is located in the AR Agricultural Residential District whose owner s principal source of household income is derived from a source other than the principal agricultural use of that site. Permitted uses those land uses permitted within a zoning district in conformity with the regulations of the particular zone. Principal use shall mean the use of land which is the main use, the most extensive use and the major reason for development of that land. Principal building shall mean a building in which is conducted the main or primary use of the site on which said building is situated. 8

9 Principal agricultural use means that the chief reason for the use and development of the land is its use for agricultural purposes, and that such use constitutes the chief source of income or anticipated chief source of income of the applicant for a development permit for land. Public road shall mean a road which is maintained for public use by the municipality or Department of Highways. Public Utility a government or private enterprise providing a service to the general public. Reeve shall mean the Reeve of the Rural Municipality of Spiritwood No Secretary Treasurer shall mean the Secretary Treasurer of the Rural Municipality of Spiritwood No Shoreline a line defined as such on a registered plan of survey or proposed plan of subdivision or where none exists, a line indicating the edge at the water at its visible high water mark. Site any parcel of land with fixed boundaries of record as in one title registered in the local Land Titles Office. Site Frontage shall mean the boundary that divided the site from the street or road. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site Width shall mean the horizontal distance between the side boundaries of the site measured along the front site line. For non rectangular sites the average of horizontal distances between the side boundaries of the site measured along the front and rear site lines. Sign any figures, numbers, emblems, pictures, devices, marks or designs or combination of such, intended to be visible from other than inside a building, for the purpose of making known any individual, association, business, industry or service, or for advertisement or for directing or obtaining attention. Subdivision a division of land made pursuant to The Planning and Development Act. Tourist Lodge shall mean a tourist destination facility which provides daily and overnight accommodation in dwellings, cabins or lodges, and provides for a program of rural outdoor recreational experience, including activities such a wildlife viewing, hiking, hunting, horseback riding, offroad vehicle trails, fishing, snowmobile trails, and cross country skiing. Trailer Coach means any vehicles 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 design, constructed or reconstructed in such a manner as will 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. Tree Nursery shall mean the use of land for raising shrubs, trees and bedding plants for the express purpose of commercial sale. Use the purpose or activity for which a piece of land or its buildings is designed, arranged or intended, occupied or maintained. Vacation Farm shall mean an operating farm which may, on a day basis or for overnight purposes offer a farm life experience to groups, families or individuals and which may provide rental accommodation in the farm dwelling or adjacent dwellings on the same site and where meals are provided or facilities are provided for the preparation of meals, as a part of the rent Yard the open, unoccupied space on a lot between the property line and the front, rear or side wall of a building. Yard, Front that part of a site which extends across the full width of a site between the front site line and the nearest main wall of a building or structure. 9

10 Yard, Rear that part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Yard, Side that part of a site which extends from a front yard to the rear yard between the side site line of a site and the nearest main wall of a building or structure. PART V PART VI ZONING DISTRICTS 1. Classification of Zoning Districts In order to carry out the purposes and regulations of this Bylaw, the municipality is hereby divided into the following Zoning Districts: AR Agricultural/Residential H Hamlet HC Highway Commercial LD Lakeshore Development 2. Boundaries of Zoning Districts The boundaries of such districts referred to above together with explanatory legend, notation and reference, are shown on the map entitled Zoning District Map. Unless otherwise shown, on the Zoning District Map, the boundaries of the said Districts are site lines, centre lines of streets, lanes, roads or such lines extended and the boundaries of the municipality. In the case of subdivided land, the boundaries of the District may include lot lines. 3. The Zoning District Map The map, bearing the statement This is the Zoning District Map referred to in the Bylaw No adopted by the Rural Municipality of Spiritwood No. 496 and signed by the Reeve and Administrator under the seal of the Municipality shall be known as the Zoning District Map and such map is hereby declared to be an integral part of this Bylaw. ZONING DISTRICT SCHEDULES The following are the schedules of uses and regulations pertaining to the Zoning Districts of this Bylaw: 1. AR Agricultural Residential District 1.1 Intent The general purpose of the District is to encourage retention of which will not jeopardize existing agricultural operations or remove good farmland from production and those specific permitted uses as indicated. 1.2 Principle Uses Subject to all other provisions of this Bylaw, on any site, in any district defined, designated or described in this Bylaw as AR Agricultural Residential District only the following uses shall be permitted: Agricultural field crops, bee keeping, dairy farming, animal and poultry raising, ranching, grazing, and other similar uses (excluding intensive livestock operations) customarily carried the sale, on the premises, of any produce grown or raised on the premises Grain Elevators Schools, cemeteries, places of worship, and Community Halls Public Utilities Historical and Archeological sites Sawmills, gas and oil wells and related development facilities Uses Permitted at Council s Discretion 10

11 The following uses shall be permitted only by resolution of Council, only in locations and under conditions specified in such resolution of Council: a) Private Airstrips b) Agriculturally related commercial uses which may include: services, supplies and small scale processing such as grain and seed storage, drying and cleaning; storage of fertilizers (subject to the regulations under the Air Pollution Act, Department of Environment); implement and machinery sales and service: bulk fuel sales and stockyards and auction marts. Where these uses are proposed within 2km. (1.25 miles) of a town or village, comments shall be obtained from the respective town or village council prior to issuance of a development permit. c) Gravel Pits and gravel crushing operations. The resolution of Council may specify that the developer be required to enter into a development agreement with Council to prescribe conditions respecting operations of the pit, rehabilitation of the site, routing of gravel trucks, tree planting and erection of fencing where required and the maintenance of municipal roadways. Such an agreement may require posting of a performance bond, to guarantee adherence to the above and/or any other additional requirements that Council may specify. d) Recreational, including sports fields, golf courses, tourist campsites parks and other similar uses. e) Tree nurseries, market gardens. f) Intensive livestock operations. g) A farmstead for the purpose of providing an area for a principal agriculture use and accessory farm residence. h) Non-farm residential single detached dwelling (including a mobile home) subject to Section i) Home occupations j) Tourist lodges k) Vacation farms l) Bed and Breakfast homes Accessory Uses Buildings, structures or uses secondary and accessory to but located on the same site with the principal use are permitted. A single detached dwelling, which may include a mobile home on a permanent foundation is permitted as a secondary and accessory use to a principal agricultural use or when required as accessory to the use of land for grain elevators as a single detached dwelling for the operator of a grain elevator. 1.3 Regulations Site Area Requirements a) Grain elevators and accessory buildings - no minimum. b) Public Utilities no minimum c) Discretionary uses no minimum except for the following uses: i) Agriculturally related commercial. - Minimum 0.4 ha. (1 acre) 11

12 ii) Tree nurseries, market gardens, intensive livestock operations and farmstead sites. - Minimum 0.8 ha. (2 acres). - Maximum as determined by demonstrated space needs necessary for a viable principal agricultural use. iii) Residential - Minimum 4.05 hectares (10 acres) - except that the maximum site area bay be a greater area depending on existing physical circumstances, i.e. limitations or demarcations, peculiar to a non-farm residential site, such as shelter belt or topographical restraints. iv)tourist campgrounds Minimum 2 ha (5 aces). d) Agricultural Uses i) One quarter section, 64 hectares (158 acres) or equivalent shall be the minimum site area required to constitute a farm land holding. Equivalent shall mean 64 hectares (158 acres) or such lesser amount as remains in an agricultural holding because of the registration of road widening, road right-of-way or railway plans or pipeline development, or natural features such as streams or bodies of water, or as a result of subdivisions as permitted herein. Any agricultural holding which does not conform to the minimum site area requirement shall be deemed conforming with regard to site area, provided that a registered title for the site existed in the Land Titles Office prior to the coming into force of this bylaw. ii) A reduced site area below 64 hectares (158 acres), but not below 16 hectares (40 acres) will be permitted for the purposes of farmland consolidation and estate settlement subject to a resolution of Council. iii) Land holdings in adjoining Rural Municipalities. A person not meeting the minimum agricultural area requirement of 64 hectares (158 acres) or equivalent in the Municipality, but who owns land in the adjoining Rural Municipality may qualify to meet the minimum area requirements of this Bylaw provided that the following conditions are met: a) The person is a farmer. b) The person is engaged in a principal agriculture use of the land. c) The total farm land holding of this person within both the R.M. s is a minimum of 64 hectares (158 acres) or equivalent Siting of Buildings a) All buildings shall be set back at least 45 metres (150 feet) from the centre line of any municipal road allowance, or provincial highway, or such greater distance as required by the Department of Highways. 12

13 b) No dwelling shall be located within 305 metres (1000 feet) of an intensive livestock operation as outlined by the Pollution (By Livestock) Control Act, unless written approval has been received from the owner of the Intensive Livestock Operation and the Council Number of Dwellings One single detached dwelling or mobile home on a permanent foundation is permitted on any farm land holding and only accessory to a principal agricultural use of the land, except where additional single detached dwellings are required to accommodate full time workers engaged in a principal agricultural use of the land and where such additional single detached dwellings are approved by Council The Posting of Signs and Billboards Signs and billboards are prohibited except for signs showing the names of occupants, signs bearing notices of sale or lease, information signs containing no advertising, and signs advertising the sale of produce Subdivision of Land for Non Farm Residential Use A maximum of seven (7) separate sites for non-farm residential use, for a potential of one (1) farm and seven (7) non farm residential parcels shall be permitted to each quarter section in the AR Agriculture Residential District. Development and subdivision of sites for non-farm residential use shall be prohibited in the following instances, however, these provisions shall not apply to the existing sites and uses approved for residential use prior to the passage of this bylaw. i) On high quality agricultural lands identified as Class 1 or 2 inclusive by the Canada Land Inventory Soil Capability for Agriculture to be confirmed with greater certainty on the basis of assessment field data and/or the opinion of a recognized agrologist. Except, this provision shall not apply to subdivision of a fragmented part of a quarter section cut off by a physical barrier such as a roadway or highway, by a man made feature such as a shelterbelt or by a natural feature such as a river or coulee which prohibits normal or reasonable access provided adequate setback can be adhered to. ii) On hazard land, as defined in the bylaw or as designated by the Department of Environment. iii) On sites within the following distances: - 2 km (1.25 miles) from a National, Provincial, Regional or Municipal Park; a wildlife management area, a bird sanctuary, an existing or proposed industrial development, or an airport, subject to the demonstration of a potential land use conflict m (1,000 feet) from an existing farm dwelling or Intensive Livestock Operation as required by the Department of Agriculture, Pollution (By Livestock) Control Act, or such greater distances as determined by Council unless written permission is obtained from the Intensive Livestock Operator or occupier of the adjacent farm residence and Council. 13

14 km (1.25 miles) from the corporate limit of a town, village, hamlet, organized hamlet or designated country residential district when it is demonstrated that a conflict will result with the future long term development of the urban centre m (660 feet) from and existing or proposed mineral or petroleum extraction industry or gravel pit operation, excluding oil and gas wells. iv) On sites which in the opinion of the Department of Environment and/or the Department of Health would affect the operation of existing or approved sanitary landfills, sewage facilities, domestic and municipal water supplies. v) On sites that do not have direct access to public all weather roads and existing school bus route except that this shall not apply where in the opinion of Council such appropriate services can be provided and servicing agreement covering these aspects is entered into by the proponent. vi) On sites where water quality and/or quantity is marginal or minimal. Special Regulations for discretionary Uses a) Tourist Lodge i) The site for a tourist lodge shall be in the opinion of council large enough to provide for outdoor recreation programs. Sites comprising a quarter section or equivalent are preferred. Sites smaller than 32 ha (80 acres) will only be considered where reasonable access for extensive outdoor activity programs exists on public lands in the area, or adjacent land is held by the owner. ii) Tourist lodge operations shall be licensed by the Department of Health for tourist accommodation. The operator shall provide council with a copy of the license or permit documents. iii) A tourist lodge shall not include a tourist campground. iv) Council may apply special standards as condition of approval, limiting the number of rooms, units and buildings used for rental dwelling purposes that may be used in conjunction with a tourist lodge. Expansion beyond the approved development shall require a new discretionary uses approval. v) A tourist lodge may include the residence of the operator with associated accessory buildings on the same site. b) Vacation Farms i) A vacation farm may only be operated on a farm as an ancillary use to an operating agricultural use, and where the farm operator s principal residence is located on the same property. ii) Vacation farm operations shall be licensed by the Department of Health for tourist accommodation. The operator shall provide council with a copy of the license or permit documents. iii) Council may apply special standards as condition of approval, limiting the number of bedrooms and buildings 14

15 used for dwelling purposes that may be used in conjunction with a vacation farm. c) Bed and Breakfast home i) A bed and breakfast home operation shall be ancillary to a residence and shall be located in a single detached dwelling, used as the operator s principal residence. ii) A bed and breakfast home operation shall be licensed by the Department of Health for tourist accommodation. The operator shall provide council with a copy of the license or permit documents. d) Tourist Campgrounds i) Tourist campgrounds shall comply with Part III Section 6. ii) Council may apply special conditions in the discretionary approval of a tourist campground limiting the number of sites, limiting the length of a season of operation, or limiting the maximum area devoted to the use. 2. H Hamlet District 2.1 Intent To accommodate hamlets in the municipality and to provide for their orderly growth. 2.2 Uses permitted Subject to all other provisions of this bylaw, on any site, in any district defined, designated or described in the bylaw, as in an H Hamlet District only the following uses shall be permitted Residential a) Single detached dwelling b) Semi-detached dwelling c) Apartments d) Bed and Breakfast Homes Commercial a) Retail stores b) Restaurants, confectionaries and other places for the sale and consumption of food and related items. c) Establishments for the servicing, storage and sale of motor vehicles, farm machinery and equipment Institutional a) Schools, education institutions b) Places of worship, religious institutions. c) Community Halls Recreational Sports fields, rinks, parks, golf courses and other similar uses Public Utilities Accessory Buildings, structures or uses accessory to and located on the same site with the main building or use Discretionary Uses The following uses shall be permitted but only by resolution of Council and only in locations and under conditions specified in such resolution of Council. 15

16 Trailer manufacturing Prefabricated building component assembly Warehouses and supply depots Auto Wreckers Construction Yards Storage Yard 2.3 Regulations Site Area Minimum Service Stations 1115 sq m (12,000 sq ft) Other Commercial Uses 800 sq m (8,608 sq ft) Discretionary Uses 0.8 ha (2 acres) All other uses 800 sq m (8,608 sq ft) Site Frontage Minimum Service Stations 30 m (98.5 ft) Commercial Uses 18.3 m (60 ft) Service Stations still have a maximum frontage of 30 m Discretionary Uses 30 m (98.5 ft) All other uses 18.3 m (60 ft) Bed and Breakfast homes i) A bed and breakfast home operation shall be ancillary to a residence, and shall be located in a single detached dwelling, used as the operator s principal residence. ii) A bed and breakfast home operation shall be licensed by the Department of Health. The operator shall provide council with a copy of the license or permit documents Minimum Building Requirements: Minimum Floor Area 75 sq m (807 sq ft) Minimum side Yard 3 m (9.8 ft) Minimum Front Yard 3 m (9.8 ft) Minimum Rear Yard 3 m (9.8 ft) 2.4 Signs and billboards shall be prohibited except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements: No more than two (2) signs shall be permitted on the premises; No sign shall be in the excess of three (3) square metres (36 ` sq ft) in area but the two permitted signs may be combined and the total facial area shall not exceed 6 sq m (70 sq ft). Each sign may be double faced; No sign shall be illuminated unless the source of light is steady and suitably shielded; The maximum height of any sign shall be 6 metres (20 ft). 2.5 The issuance of a development permit by Council for discretionary uses may be subject to additional requirements as follows: The approval of the Department of Environment with respect to issuance of a ground water permit pursuant to the Water Rights Act The approval of the Department of Health with respect to issuance of a plumbing permit for sewer and water systems The approval of the Department of Environment with respect to issuance of a permit pursuant to the Air Pollution Control Act. 16

17 4. Highway Commercial District 4.1 Intent The intent of the HC Highway Commercial District is to provide for commercial and light industrial uses. Subdivision of land shall only be permitted where the future use will be for one of the permitted uses listed below. 4.2 Permitted Uses Subject to all other provisions of this bylaw, on any site, in any district defined, designated or described in this bylaw as an HC Highway Commercial District only the following uses shall be permitted: a) Farm Implement Dealers b) Motels c) Automotive Service Stations d) Machine Shops e) Restaurants f) Automobile Sales and Service g) Industrial Service Operations h) Drive-in Theatres i) Nurseries and Greenhouses a) Agricultural operations existing prior to the passage of this bylaw. b) Residences existing prior to the passage of this bylaw Uses Permitted at Council s Discretion The following uses shall be permitted but only by resolution of Council and only in locations specified in such resolution of Council: a) Abattiors b) Veterinary Clinics c) Auction Marts d) Automotive and Agricultural Implement Wrecking Yards Accessory Uses For the purpose of this bylaw, uses customarily incidental and subordinate to a principal permitted use herein shall be considered an accessory use. 4.3 Regulations Site Area Requirements Minimum a) Motels 1,337 sq m (18,000 sq ft) b) Discretionary Uses as directed by Council c) Other Uses 1,114.8 sq m (12,000 sq ft) Site Frontage Minimum All Uses 30.4 metres (100 ft) Yard Requirements Minimum a) Front Motels 15 metres (50 ft) All Other Uses 7.5 metres (25 ft) b) Side 3 metres (10 ft) on each side c) Rear 10% of the depth of the site Parking Requirements a) Motels 1 parking space for each unit b) Restaurants 1 parking space for each 4 seats c) All other buildings 1 parking space for each 27 17

18 square metres (300 sq ft) of gross floor area 6. Lakeshore Development District 6.1 Intent The general purpose of this district is to control the standards of development for lakeshore development uses in approved locations. 6.2 Permitted Uses Subject to all other provisions of this bylaw, on any site, in any district defined, designated or described in this bylaw as LD Lakeshore Development District, only the following uses shall be permitted: Principal Uses a) Residential i) Single family dwellings ii) Mobile homes following removal there from of all wheels and axles and following the placement thereof on a permanent raised foundation. b) Recreational, including picnic grounds, golf courses, sports fields, public beaches and parks Uses Permitted at Council s Discretion The following uses may be permitted by resolution of Council and in locations and under conditions specified in such resolution subject to the requirements of this LD Lakeshore Development District. a) Tourist campgrounds for rental to tourists on a seasonal basis. b) Tourist cabins for rental to tourists on a seasonal basis. c) Minor commercial service facilities, including grocery and general stores, service stations, restaurants and takeout food establishments Accessory Uses The following accessory uses are permitted: a) Buildings, structures or uses secondary and accessory to when located on the same site with the principal use. b) Single family dwellings accessory to the principal use and occupied by the owners, caretaker or manager. 6.3 Regulations General Regulations a) Location i) The proposed development shall not be within the following limits: - 50 m (164 feet) from the shoreline of any lake unless the Council for the reasons of physical conditions in the vicinity of the shoreline, otherwise directs by resolution, and m (1 mile) from a game reserve, wildlife management area, bird sanctuary or extractive industry. ii) The proposed development shall not be on hazard land. b) Leasehold or Un-subdivided Development Leasehold development shall not be permitted, except tourist campgrounds and tourist cabin developments for 18

19 seasonal rental accommodation in accordance with the requirements of the bylaw. c) Removal of Trees The removal of trees within 90 m (330 feet) of a shoreline shall not be presented except for purposes of the construction of trees. Access ways shall not be cleared greater than 3 m (9.8 ft) in width. For building construction, removal of trees further than 2 m (6.5 ft) from the building shall not be permitted. d) Development/Service Agreement All proposed development may be subject to the requirements of entering into a service agreement and/or development agreement and posting of performance bond with the municipality to cover matter or road construction and maintenance, drainage ditches, culverts, landfill, landscaping and other aspects felt required. e) Development within 457 m (1,500 feet) from the shoreline is subject to the Shoreland and Pollution Regulations, f) Posting of Signs and Billboards Signs and billboards are permitted only in accordance with the following regulations: i) Commercial Uses no more than one (1) sign greater than 3 sq m (32 sq ft) in size is permitted and shall be located on the premises. ii) All other uses other uses are permitted to have one (1) sign shall contain any advertising and shall be located on the premises concerned. iii) Signs bearing notice of sale or lease of any property are permitted Residential Uses a) The general regulations of the District as provided in paragraph shall apply. b) Minimum site requirements i) Width 20 m (65.6 ft) ii) Area 1115 sq m (12,000 sq ft) iii) Front Yard 6 m (20 ft) iv) Side Yard 1.5 m (5 ft) v) Frontage 20 m (65.6 feet) vi) Rear Yard 3 m (9.8 feet) c) Minimum floor area 75 sq m (807 sq ft) Recreational Uses No minimum requirements Discretionary Used a) Tourist Campgrounds and Tourist Cabin Development The general regulations of this district shall apply. b) Commercial Uses i) The general regulations of the district shall apply. ii) The proposal is adjacent to public areas where possible. iii) The proposal is on a main access route. iv) The proposal is in close proximity to other commercial sites, where possible. 19

20 v) Where a proposed commercial site abuts a residential site, a buffer strip of 12 m (40 ft) shall be provided. The buffer strip shall be landscaped where necessary Existing Lots Prior to Bylaw Lots which were legally created prior to passage of the Zoning Bylaw are not subject to the foregoing regulations but are subject to the following requirements respecting residential and commercial uses. a) Minimum Requirements i) Minimum site area 450 sq m (4843 sq ft) ii) Minimum site frontage 15 m (50 ft) iii) Minimum front yard 6 m (20 ft) iv) Minimum side yard 1.5 m (5 ft) v) Minimum floor area 40 sq m (430 sq ft) vi) Minimum set back distance from the water edge is 20 m (66 ft) or 510 m (1673 ft) in elevation which ever is the greater. In situations where this requirement cannot be met, such lessor distance shall be approved by Council. 7. R Residential District 7.1 Intent This district provides for rural residential development in designated locations at a higher density than common in the AR Agricultural Residential District. 7.2 Permitted Uses Subject to all other provisions of the bylaw, on any site, in any district defined, designated or described in the bylaw as R Residential District, only the following uses may be permitted: Principal Uses 1. Residential: a) Single detached dwelling. b) Mobile home on a permanent foundation. 2. Public utilities, except solid and liquid waste disposal facilites. 3. Uses and buildings accessory to residential principal use on the site: a) Private garages, whether detached or attached to a dwelling unit. b) Garden sheds used for the storage of non industrial yard maintenance equipment. c) Greenhouses where accessory to a residential use. d) Keeping of animals on the same site as the residence, subject to Section e) Barns and stables for animals permitted by Section f) Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence. g) Field crops Discretionary Uses: The following uses are discretionary in this district, and may only be permitted by resolution of council in the location and under the 20

21 conditions specified in the resolution subject to the requirements of this district: 1. Institutional uses: a) Non residential schools and educational institutions, b) Places of worship, and religious institutions. 2. Commercial uses: a) Convenience stores with or without gas bars. 3. Recreational uses: a) Public sports fields and parks. b) Golf courses and golf practice facilities. c) Rinks, arenas and community halls. d) Other public or non profit recreational facilities. 4. Solid and liquid waste disposal facilities. 5. The following ancillary uses: a) Bed and breakfast homes, where ancillary to a residence on the same site. b) Home based businesses, where ancillary to a residence on the same site. c) Dwellings ancillary to an institutional, residential or commercial use. 6. Accessory use and buildings that form part of an approved discretionary use are permitted. 7.3 Regulations Site Area Requirements: 1. Residential - Minimum 0.8 hectares (2 acres) - Maximum 16 hectares (40 acres) 2. Insitutional & Commercial - Minimum 900 sq m (9,688 sq ft) 3. All other uses: - Minimum none Site Frontage & Requirements: 1. Residential: - Minimum 30 metres (100 feet) 2. Institutional & Commercial: - Minimum 30 metres (100 feet) 3. All other uses: - Minimum none Yard Requirements: 1. In any yard abutting a municipal road allowance, municipal grid road, main farm access road, or provincial highway all buildings shall be set back at least 45 metres (148 feet) from the centerline of the road or road allowance. 2. A yard abutting any other road - Minimum 7.6 metres (25 feet) 3. Any other yard - Minimum 3 metres (9.8 feet) 4. The yard requirements shall not apply to any public utility, municipal facility or public recreational use Floor Area: 1. Detached accessory buildings: - Maximum 100 sq m ( 1,076 sq ft) Outside Storage 1. No outside storage shall be permitted in a yard abutting a road. 21

22 2. Outside storage located in a side or rear yard shall be screened by landscaping or vegetation so as not to be visible from a road Sign Size 1. The maximum facial area of a sign on residential sites shall be 1.2 square metres (12.9 sq ft) Keeping of animals 1. Two large animals (horses or cattle) will be permitted on a site of at least 2 hectares (5 acres). Four large animals will be permitted on a site of at least 4 hectares (10 acres). For each additional 1.2 hectares (3 acres), one additional large animal will be permitted. All other animals shall be limited to domestic pets of the residents of the sites, but in no case shall the numbers exceed that equal to animal unit. 2. Animals shall not be pastured within 15 metres (50 feet) of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain birds or animals shall be located within 30 metres ( 100 feet) of a property line. 3. The use of vacant residential sites for pasture of animals is prohibited. 7.4 Specific Development Standards for Discretionary Uses: Solid and Liquid Waste Disposal Facilities: 1. Development and maintenance of a solid or liquid waste disposal facility shall be subject to Part III, Section Home based businesses: 1. Home based businesses shall be subject to the following conditions: a) The use is clearly ancillary to the use of a farmstead as an agricultural operation or the dwelling unit as a private residence. b) The operator and any other persons involved in the business shall be of a resident of the dwelling unit. Where the business is of a building or service contractor, other employees may be involved only at the client building site. c) No variation in the residential character and appearance of the dwelling, ancillary residential building or land shall be permitted, except for permitted signs. d) The permitted use shall be valid only during the period of time the property is occupied as a residence of the applicant for such permitted use. e) All permits issued for home based business shall be subject to the condition that the permit may be revoked at any time if in the opinion of the Council, the conditions under which the permit was originally issued are no longer met. 2. No home based business in this district shall include auto body repair or repainting operations. 3. No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. 22