Index of Zoning Bylaw #4-2014

Rural Municipality of Three Lakes No. 400

Definitions


Whenever in this Bylaw the following words or terms are used, they shall, unless the context otherwise provides be held to have the following meaning:

Accessory Use: - a use, which is subordinate in purpose and exclusively devoted to the principal use or building and is located on the same site with such principal use or building.

Act: - The Planning and Development Act, 2007, as amended.

Alteration: - any structural change or addition made to any building or structure.

All Weather Road: - see Road, All Weather

Animal Unit (A.U.): - the kind and number of animals calculated by MoA 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
Feeder pigs 6
Weanling pigs 20
Sheep Rams or ewes 7
Lambs 14
Goats All 7
Cattle Cows and bulls 1
Feeder cattle 1.5
Replacement heifers 2
Calves 4
Horses Colts and ponies 2
Other horses 1
Bison Cows and bulls1
Calves4
Elk Cows and bulls5
Calves20
Fallow Deer Fallow Deer8
Fallow deer fawns 32
Domestic IndigenousElk5
Elk calves20
White-tailed deer8
White-tailed deer fawns 32
Mule deer 8
Mule deer fawns32

Applicant: - a developer or other person applying either to the Municipality for a development permit under this bylaw, or to an Approving Authority for a subdivision approval under The Planning and Development Act, 2007.

Bed and Breakfast Home: - a dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge.

Billboard: - a private free standing sign, including supporting structures, which advertises goods, products, services, organizations, or facilities that are available from, located on, or refer to, a site other than the site on which the sign is located, and which is greater than 2 square metres in facial area.

Building: - a structure used for the shelter or accommodation of persons, animals, or goods.

Building, Accessory: - a subordinate detached building, which serves a main building or main use and is located on the same site. The purpose of all accessory buildings is to provide better and more convenient function of the primary building or use.

Building Permit: - a permit issued under a building bylaw of the municipality authorizing the construction of all or part of any building.

Campground: - the seasonal operation of an area of land managed as a unit, for temporary, short-term use by travellers and tourists as accommodation in tents, tent trailers, travel trailers, recreational vehicles or campers.

Controlled Hunt Farm: - a Game Farm which is used for controlled hunting of animals defined as a “domestic game farm animal” by “The Domestic Game Farm Animal Regulations”.

Council: - the Council of the Rural Municipality of Three Lakes No 400.

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 the use of any building or land, including the demolition of a dwelling or water well.

Development Officer - the R.M. Administrator

Development Permit: - a document authorizing a development issued pursuant to this bylaw.

Discretionary Use: - a use or development specified in this bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards, as required by Council, contained in this bylaw.

Dwelling, Single Detached: - a detached building consisting of one dwelling unit as herein defined; and occupied or intended to be occupied as a permanent home or residence, and shall include a Modular Home as herein defined, but shall not include a mobile home or trailer coach as herein defined.

Dwelling Unit: - one or more habitable rooms constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons.

Environmentally sensitive land: - land that has unique landforms, vegetation or wildlife or which is of historically or archaeological importance.

Farmstead: - a confined area which is on a Quarter Section or Equivalent, and includes the residence of the farm operator and those buildings or facilities (including communal dwellings) which are related to the farm operation.

Fifth Wheel Trailer: - a two-level recreational vehicle designed to be attached to and towed by a pick up truck equipped with a special fifth wheel hitch in the truck bed (see illustration in Appendix 1).

Floor Area: - the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, sun lounge, unfinished basement, or attic.

Game Farm: - a fenced area to enclose animals defined as a “domestic game farm animal” by “The Domestic Game Farm Animal Regulations” for the purpose of producing animal products as defined by those Regulations.

Garage: - a building which is detached from or attached to a dwelling and which functions as a subordinate, accessory use primarily to store personal vehicles of the occupants of that dwelling.

Garden Suite: - a temporary detached dwelling unit for the accommodation of a physically dependent relative(s) of resident(s) of the principal dwelling on site.

Guest Cottage: - a detached accessory building to be used as summer sleeping accommodation only, and which is located on the same lot as the principal dwelling.

Hazard Land: - land which may be prone to flooding, slumping, subsidence, landslides, erosion, any other instability, or is located within a flood plain or watercourse as mentioned in Subsections 3.1(1) and (3).

Home Based Business: - an occupation carried on by the occupants of a farmstead or residence and which is accessory to a permitted use.

Highway Sign Corridor: - a strip of land parallel and adjacent to a provincial highway; where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of the Department of Highways entitled "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986", as may be amended from time to time.

Intensive Agricultural Operation: - a principal use that produces crops that are grown in buildings or under protective structures or on small agricultural sites, using hydroponic techniques, or by use of intensive irrigation and fertilizer application, but not including an intensive livestock operation.

Intensive Livestock Operation (ILO): - the operation or facilities for rearing, confinement or feeding of poultry, hogs, sheep, goats, cattle, horses, or game animals or birds in such numbers that requires a discretionary use permit under this bylaw or which requires a Permit from Saskatchewan Agriculture and Food.

Institutional Use: - a use of land or a building operated for non-commercial or non-industrial purposes to provide a public service by a non-profit, cooperative or governmental group including, but not limited to service clubs, churches, hospitals and public agencies.

Lane: - a secondary, legally surveyed public thoroughfare vested in the name of the Department of Highways and Transportation, which is intended primarily to give access to the rear or side of abutting land.

Legal Non-Conforming Building: - a building:

(a) that is lawfully constructed or lawfully under construction, or in respect of which all required permits have been issued, at the date a zoning bylaw or any amendment to this bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and
(b) that on the date this bylaw or any amendment to this bylaw becomes effective does not, or when constructed will not, comply with this bylaw; and
(c) which is further described in Section 3.4 of this Bylaw.

Legal Non-Conforming Site: a site as defined herein, which is further described in Section 3.4 of this Bylaw

Legal Non-Conforming Use: - any use of land, building, or structure lawfully existing at the time of the passing of this bylaw, the use of which does not comply with all the regulations of this bylaw governing the zoning district in which it is located, and which is further described in Section 3.4 of this Bylaw.

Livestock Operation: - any agricultural use involving the raising of Animal Units, which does not qualify as an ILO as defined above.

Mobile Home: - a trailer coach which complies with the requirements of Section 3.3 and :

(a) that is used as a dwelling;
(b) that has water faucets and shower, or other bathing facilities, that may be connected to a water distribution system; and,
(c) that is equipped with facilities for washing and water closet, or other similar facility, that may be connected to a sewage system.

Modular Dwelling: - a dwelling unit which is constructed in two or more sections off-site, transported to an approved site, attached to an approved foundation and which functions as a single detached dwelling.

Motor Home, Class A – a self-propelled recreational vehicle built on a bare, specially designed motor vehicle chassis (see illustration in Appendix 1)

Motor Home, Class C - a self-propelled recreational vehicle built entirely on an automotive manufactured chassis with an attached van cab section (see illustration in Appendix 1) Municipality: - the Rural Municipality of Three Lakes No. 400.

Overlay Zoning District: - any District (e.g. ES Overlay) which is described in Sections 2.8 and 3.1.

Pasture: - a site that is used for the raising and feeding of livestock by grazing.

Permitted Use: - a use allowed as of right in a zoning district, subject to the regulations contained in this bylaw.

Prohibited Use: - a new or proposed development, which is not listed as either a Permitted or Discretionary Use in this Bylaw, which is not a Legal Non-conforming Use as defined by the Act, and which has not received a legal Development Permit as required in this Bylaw.

Principal Use: - the main activity conducted on a site.

Principal Building: - the main building in which the principal use of the site is conducted.

Public Road: - a street, road, road allowance or other legally surveyed road vested in the name of Ministry of Highways and Infrastructure (MHI), and maintained by MHI or the Rural Municipality, as the case may be.

Public Utility: - any use which is defined as one of the three following categories:

(i) public institutional facilities
public facilities including, but not limited to, schools, hospitals, municipal buildings, recreational facilities, heritage or archaeological sites and similar public institutional uses or;

(ii) linear
linear public or private utilities including, but not limited to, roads, communication, rail, power and natural gas lines and similar linear uses or;

(iii) service utilities
potentially conflicting public or private utilities including, but not limited to, airports, microwave or communication towers, water reservoirs, sewage lagoons, solid waste and chemical can disposal facilities, gas compressors, electrical transformer stations, soil farms for the rehabilitation of contaminated soils and similar, potentially conflicting service utility uses.

Quarter Section or Equivalent: - a quarter section - 64.8 ha (160 acres) - as identified by the Township Plan of Survey of record in the Land Titles Office. Equivalent shall mean 64.8 ha (160 acres), any partial quarter section defined on the Township Plan of Survey, or a lesser amount remaining as part of the quarter section because of the registration of a road, road widening, railway right of way, natural features such as lakes or streams or the registration of a subdivision permitted in this Bylaw, but in no case shall the Equivalent be allowed to be less than 48.6 ha (120 acres).

Recreational Vehicle: - a vehicle, portable structure or trailer that can be towed, hauled or carried on a vehicle or trailer, or driven and which is designed to be used for travel and recreational purposes, including but not limited to a Class A or Class C motor home, travel trailer, Fifth Wheel motor home, tent trailer, truck camper or other similar vehicle but excluding a trailer designed to carry the foregoing types of vehicles.

Reeve: - the Reeve of the Rural Municipality.

Residence: - a single detached dwelling on a site, which is not used as a farmstead.

Road: - a public road or thoroughfare registered by plan of survey which affords the principal means of access to abutting property, but shall not include an easement or lane.

Road, All Weather: - a road which has been dedicated as a public road or is proposed to be subdivided and dedicated as such, and which has been constructed to the “road construction standards” as defined in this Bylaw.

Road Construction Standards: - any specific standard for the type, location, dimensions, design, construction, maintenance of newly constructed roads which may be adopted by resolution of Council.

Rural Municipal Administrator: - the official administrator for the municipality, who has been appointed pursuant to The Municipalities Act.

Salvage Yard: - an area used for the dismantling or wrecking of machinery, autos or trucks.

School: - a body of pupils that is organized as a unit for educational purposes, that comprises one or more instructional groups or classes, together with the principal and teaching staff and other employees assigned to such body of pupils, and includes the land, buildings or other premises and permanent improvements used by and in connection with that body of pupils.

Sign: - any writing (including letter or word), billboard, pictorial representation (including illustration or decoration), emblem (including a device, symbol or trademark), flag (including a banner or pennant), or any other figure of similar character which:

(a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building;
(b) is used to announce direct attention to, or advertised; and
(c) is visible from outside the building.

Site: - an area of land with fixed boundaries and which has been registered in the Land Titles Office by Certificate of Title, and for which all portions of the land are consolidated under a single title.

Site Line, Front or Site Frontage: - the boundary that divides the site from the street or road. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear site lines.

Site Line, Rear: - the boundary at the rear of the site and opposite the front site line. Site Line, Side: - a site boundary other than a front or rear site line.

Solid and Liquid Waste Disposal Facility: - any private or public facility approved by the Federal or Provincial government(s) for the storage, treatment or transhipment of such waste, excluding any earthen manure storage facility, or composting facility which is required as an accessory use to an ILO which may be approved by Council, and any hazardous waste facility. Street: - see Road

Structure: - anything that is built, constructed, or erected, located in, on, or over the ground, or attached to something located in or over the ground.

Subdivision: - a division of land, and includes a division of a quarter section into legal subdivisions as described in the Land Titles Act.

Trailer Coach: - any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public roads or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner as to permit occupancy as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked-up.

Travel Trailer: - a recreational vehicle mounted on wheels and designed to be towed behind a motorized vehicle by means of a bumper or frame hitch (see illustration in Appendix 1) Use: - the purpose or activity for which a piece of land or its buildings is designed, arranged or intended, occupied or maintained.

Vacation Farm: - an operating farm which may, on a day basis or for overnight purposes, offer a farm life experience to groups, families, or individuals and which may provide either or both of the following:

a) rental accommodation in the farm dwelling or adjacent private cabins comprising one or more rooms furnished to enable the preparation of meals if full board is not provided;
b) a tract of land on which one or more camping, tenting or parking sites is located, and the provision of electricity, potable water and toilet facilities to any of the persons, families, groups occupying any of such sites.

Vacation Trailer: - a Trailer Coach which is 7.6 metres (25 feet) or less in length, excluding any towing apparatus at the front of the unit.

Waste Disposal Facility; Liquid: - a facility to accommodate any waste which contains animal, mineral or vegetable matter in solution or suspension, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility; Solid: - a facility, not including a waste transfer station or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are typically disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste.

Yard: - the open, unoccupied space on a lot between the property line and the nearest wall of a building.

Yard, Front: - that part of a site which extends across the full width of a site between the front site line and the nearest main wall of a building or structure.

Yard, Rear: - that part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure.

Yard, Required: - the minimum yard required by a provision of this bylaw.

Yard, Side: - the part of a site which extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure.

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