Index of Zoning Bylaw #4-2014

Rural Municipality of Three Lakes No. 400

Section 3 - General Regulations


The following regulations shall apply to all Zoning Districts in this bylaw:


3.1 Development on or near Environmentally Sensitive Lands

(1) Where a proposed development of a new use and any required access driveway is located within an Environmentally Sensitive (ES) Overlay District shown on the Zoning District Map, or within 150 metres of the boundary of an ES District, Council may require the applicant to submit sufficient topographic or other information. This will be used to determine if the development will be:

 within 457 metres of the waste disposal sites shown on the Zoning Map;
 within 300 metres of the sewage lagoons shown on the Zoning Map;
 within 300 metres of Earthen Manure Storage (EMS) lagoons or runoff retention ponds shown on the Zoning Map;
 within 60 metres of any slopes that may be unstable;
 within 60 metres of land that has a high water table;
 within 60 metres of land that adjoins a permanent waterbody, which is shown on the original Township survey;
 within 60 metres of the flood plain of any river, stream or other land that may be subject to flooding; or
 within 0.8 km of the working or unclaimed face of a gravel pit;

(2) If the proposed development will be within 150m. of a public well, or a waterbody used as a potable water supply (regardless of whether the waterbody is shown on the original Township survey or created by a private or public dam, which is licensed by the Saskatchewan Watershed Authority), the Development Officer may also require additional information from the applicant to ensure that the existing water supplies or the proposed development will not be jeopardized.
(3) Council may require that before a permit is issued, the applicant shall submit a report prepared by a professional, who is competent to assess the suitability of the site for a development described in clause (1). Council shall use this information to determine if the proposed site and development is suitable with respect to the following:

- the potential for flooding up to a 1 in 500 flood elevation, or such lower elevation as may be suitable for the proposed use or building,
- the potential for slope instability,
- the required mitigation measures to develop in areas of high water table, near public wells or a private or public dam, which is licensed by the Saskatchewan Watershed Authority.
- any information required by Council to assess the suitability of a development near the sewage lagoons or waste disposal sites mentioned in subsection (1).

(4) Identified actions for hazard avoidance, prevention, mitigation or remedy for any development proposed in an ES Overlay District may be incorporated as special conditions of a development permit. Where such special conditions conflict with any other regulation of this Bylaw, the special conditions shall take precedence. 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 may result in excessive costs for the municipality, or surrounding landowners.


3.2 One Principal Building or Use Permitted on a Site

Not more than one principal building or use shall be permitted on any one site except for:

(a) Public utility uses;
(b) Institutional uses;
(c) Agricultural uses.
(d) Accessory uses as specifically provided for in this bylaw.


3.3 Mobile Homes

(1) Wherever a dwelling is allowed, it may be in the form of a mobile home only where the unit is securely attached to the ground to the satisfaction of the Development Officer, prior to occupancy.
(2) Each mobile home shall comply with the Canadian Standards Association (CSA) document CAN/CSA - 240.2.1-M86 "Structural Requirements for Mobile Homes".
(3) The undercarriage of all mobile homes shall be completely screened from view by the foundation, skirting or other means that is of a manufactured or similar type to harmonize visually with the unit. This foundation or skirting shall permit the circulation of air beneath the unit.
(4) The total area of all subsequent additions to a mobile home shall not exceed 50% of the area of the original mobile home.
(5) All subsequent additions, accessory buildings and structures to a mobile home shall equal or exceed the quality and appearance of the mobile home, and shall harmonize with the mobile home’s exterior.


3.4 Non-Conforming Buildings, Uses and Lots

(1) Any lawful use of land, an existing building or of any building lawfully under construction at the date of approval of this Bylaw, although such use or building does not conform to the regulations of this Bylaw, shall be carried on in accordance with the provisions of Sections 88 to 93 inclusive, of the Act.
(2) No existing use or building shall be deemed to be non-conforming by reason only of the conversion of the measurements in this Bylaw from the Imperial System of measurement to the Metric System of measurement where such non-conformity results solely from the conversion and is reasonably equivalent to the metric Bylaw regulations.
(3) No existing site shall be deemed to be non-conforming to the Bylaw regulations despite its dimensions or area failing to at least equal the standards prescribed for proposed sites in the zoning district in which it is located. Development proposed on such sites shall still be required to conform to all relevant Bylaw regulations.


3.5 Signs and Billboards

(1) Minor and Temporary Signs

(a) Temporary signs and real estate signs are permitted only as long as the temporary condition exists for the property, in Council's opinion.

(2) Signs Along a Highway

(a) Signs located in a highway sign corridor shall be regulated entirely by the requirements of "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986" or amendments thereto, and subsection (3) shall not apply.

(3) Signs Outside a Highway Sign Corridor

(a) Any sign proposed at a location other than a highway sign corridor, may only advertise agricultural commercial uses, or home based businesses, the principal use of an adjoining site or the principal products offered for sale on the adjoining site.
(b) A maximum of 2 advertising signs are permitted on any site, or quarter section and each sign shall be no larger than 3.5 sq. m and no higher than 6 m in total height.
(c) Government signs, memorial signs and directional signs that bear no advertising, including traffic control, no trespassing, hunting restriction and similar signs, are exempt from restriction.
(d) Billboard and other off site advertising signs are prohibited, except in a highway sign corridor.
(e) All private signs shall be located so that the safety of the public is not jeopardized, in Council’s opinion, by the size, lighting, movement or location of the sign.


3.6 Salvage Yards and Vehicle Storage Areas

(1) Except where specifically restricted in a particular Zoning District, no person shall use an area of any site in any district, for the parking or storage outside of an enclosed building of more than 5 vehicles that are not in running order.
(2) This Section shall not apply to approved Salvage Yards for machinery, autos or trucks.
(3) Council may require that such Vehicle Storage Areas be screened from roadways or neighbouring properties by landscape features or fences or a combination thereof.


3.7 Linear Public Utilities

(1) Subject to Section 3.1, linear public utilities and accessory booster or transformer stations, etc. (excluding offices, warehouses and storage yards), shall be permitted uses in every zoning district. Unless otherwise specified by this Bylaw, no minimum site area or yard requirements shall apply.
(2) Where a linear utility line will cross or lie within the limits of a municipal road, Council may apply such special design standards as it considers necessary to protect the municipal interest in the existing and future improvements to the road.


3.8 Home Based Businesses

3.8.1 Home based businesses in the Agricultural District shall be subject to the following conditions:

(1) The use is clearly accessory to the use of a farmstead as an agricultural operation or the dwelling unit as a private residence.
(2) The operator of the business is a resident of the dwelling unit and, in the case of a farmstead only, up to 5 non-resident employees may be employed at the site. Where the business is for a building or service contractor, additional employees may be involved only at the clients’ building site.
(3) Except as specified in the required development permit, no variation in the residential or residential farm character and appearance of the dwelling, accessory residential building, or land shall be permitted, except for permitted signs.
(4) On-site signs shall be permitted according to Section 3.5. Off-site signs not exceeding 0.5 square metres (5 ft2 ) may be permitted at the discretion of Council where necessary to provide directions from a highway to the operation.
(5) The permitted accessory use shall be valid only during the period of time the property is occupied as the residence of the owner for such permitted use.
(6) All development 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.
(7) Council may also apply special standards in the issuing a development permit limiting the size of operation including, but not limited to, the size and number of buildings used for the operation, or allowing a specified increase in the number of non-resident employees, above that mentioned in subsection (2). Council shall not allow the total number of non-resident employees to exceed 12, including the 5 allowed under subsection (2). Any home-based business requiring more than that number shall only have the options of relocating its operation to an appropriate Zoning District or requesting an appropriate rezoning for the existing property.
(8) Any increase in the operation as originally applied for or approved shall require a new discretionary approval.

3.8.2 Home based businesses in the CR or CR2-Country Residential and H-Hamlet Districts shall be subject to Subsections 3.8.1 (1) and 3.8.1 (3) to (8) inclusive and the following conditions:

(1) Non-resident employees are not permitted in home based businesses in these Districts;
(2) No heavy construction or industrial equipment or supplies shall be stored outdoors on any site for a home-based business in these districts;
(3) Council may also apply special standards in the issuing a development permit limiting the size of operation, and buildings used for the operation. Any increase in the operation as originally applied for or approved shall require a new discretionary approval.


3.9 Bed-and-breakfast Homes and Vacation Farms

Vacation farms and bed-and-breakfast homes subject to the following requirements:

(1) Vacation farms shall be accessory to an agricultural farm operation and located on the same site as a farmstead, and may include bed and breakfast, cabins, and overnight camping areas.
(2) A maximum of five cabins shall be permitted as part of a vacation farm operation.
(3) On-site signs shall be permitted according to Section 3.5. Off-site signs not exceeding 0.5 square metres (5 ft2 ) may be permitted at the discretion of Council where necessary to provide directions from a highway to the operation.
(4) Vacation farms and bed-and-breakfast operations may be licensed by the Local Health District, if so required.
(5) Bed-and-breakfast operations shall be located in a single detached dwelling used as the operator's principal residence developed as a farmstead or residence; or located in a dwelling accessory to and established on the same site as the host principal residence.
(6) Council may apply special standards in the issuing a development permit limiting the number of rooms, cabins or camping spaces that may be permitted in conjunction with the operation.


3.10 Restrictions on Development near an Intensive Livestock Operation (ILO)

Despite any other provision of the Zoning Bylaw, no new residential or other use shown in Table 2 of Section 5.4.1 shall be located within the Location Separation Criteria for ILOs (see Part II, Definitions) in that Table unless Council deems a lesser distance is acceptable using the same criteria in Section 5.3.4 (3)d.


3.11 Restrictions on Development near Solid or Liquid Waste Facilities

Despite any other provision of the Zoning Bylaw, no new residential or other use shown in Table 1 of Section 5.3.7 shall be located within the Location Separation Criteria of that Table.


3.12 Demolition Permits for dwellings or water wells

An applicant for a Demolition Permit for a dwelling or water well may be required to fill, grade, fence or follow other special Permit conditions for public and environmental safety reasons.


3.13 Water Supply and Waste Disposal

(1) Water Supply

i) A proven potable water supply shall be available to service all development where water is required.
ii) Council may require an applicant to provide written proof from a qualified professional or a well driller, that a proven potable water supply of sufficient quality and quantity is available to service the proposed development or subdivision. iii) If subsection ii) above is not complied with, or if the proposed development or subdivision may jeopardise ground or surface water supplies, Council may refuse a development or recommend refusal of a proposed subdivision.

(2) Waste Disposal

No liquid, solid or gaseous waste shall be disposed of by any development except in accordance with legislation administered by a provincial Department, the Saskatchewan Watershed Authority, the Local/Regional Health District, and this RM.


3.14 Parking and Loading Regulations

Parking and Loading Regulations

3.14.1 Parking Standards

Number of Spaces Required

When any new development is commenced or when any existing development is enlarged, or use changed, provision shall be made for off-street vehicular parking spaces in accordance with the following standards:

Use of Building or Site Minimum Number of Parking Spaces Required

(1) Dwellings, Mobile Homes 1 space per dwelling unit
(2) Schools 1 space per classroom
(3) Churches 1 space per 15 seating places plus 1 space per 20square metres of the floor area of the largest assembly room in the building.
(4 ) Community Halls and Facilities, 1 space per 10 seating places for the Places of Public Assembly, public or 1 space per 10 square metres of Intensive Recreation Uses, gross floor area used by patrons, Auctioneering Establishments whichever is greater
(5) Curling Rinks 8 spaces per sheet of ice
(6) Confectionary and Retail stores; 1 space per 20 square metres of gross floor banks; personal service establishments; area sales, service, rentals or repair shops; home improvement centres
(7) Motels and Hotels 1 space per guest room
(8) Restaurants 1 space per 5 seats
(9) Service Stations 4 spaces per service bay
(10) Animal Shelters
Service Stations or Veterinary Clinics 1 space per 100 square metres of gross floor area
(11) All manufacturing, fabricating, 1 space per 3 employees on maximum warehousing uses, storage buildings work shift not less than 1space per 150 and/or shipping facilities, builders square metres of gross floor area contractors yards and other similar industrial or industry-related uses.
(12) Medical or Dental Offices or Clinics 1 space per 35 square metre of gross floor Area

3.14.2 Parking for Non-Residential Uses

Where in this Bylaw parking facilities are required for other than detached and semi-detached dwelling units and rooming houses, the following regulations shall apply:

(1) The parking area shall have visible boundaries and be suitably drained.;
(2) The parking area shall be provided on the same lot;
(3) The parking area shall be surfaced in the same manner as abutting roadways and be clearly demarcated. The parking area shall also have a minimum width of 2.5 metres and a minimum length of 5.5 metres;
(4) Approaches or driveways to any parking area shall be defined and the limits of the parking area shall be defined by a fence, curb or other suitable obstruction designed to provide a neat appearance;
(5) The minimum width of a driveway leading to any parking area shall be 7.5 metres; and
(6) The location of vehicular approach ramps or driveways at the street line shall be no closer than 7.5 metres from the point of intersection of two property lines at a street intersection.

3.14.2 Parking for Residential Uses

Where in this Bylaw parking facilities are required for single detached dwelling units, the following provisions shall apply:

(1) The parking area shall be provided on the same lot.
(2) The minimum area required for each parking space shall be 15 square metres, the minimum width 2.5 metres, and the minimum length 5.5 metres.
(3) The location of vehicular approach ramps or driveways at the street line shall be no closer than 7.5 metres from the point of intersection of two property lines at a street intersection.

3.14.3 Loading Provisions

When any new development occurs or when any existing use is changed, enlarged or increased in capacity, a minimum of one (1) off-street vehicular loading and unloading space shall be provided and maintained in accordance with the following provisions:

(1) The minimum size for an off-street loading space shall be:

(a) for buildings with a gross floor area of 1400 square metres or less, a minimum area of 17 square metres and a minimum width of 3 metres; and
(b) for buildings with a gross floor area of more than 1400 square metres, a minimum area of 33.5 square metres, a minimum width of 3 metres and minimum clear height of 4.25 metres;

2) Loading spaces must be located either within or abutting the building containing the use;
3) No loading spaces shall be provided within a minimum front yard;
4) Loading spaces provided within the minimum side yard shall be open and uncovered; and
5) Every off-street loading space and access shall be hard surfaced if the access is from a street or lane which is hard surfaced. Where hard surfacing is provided or required, it shall be constructed of concrete, asphalt or a similar durable, dust-free material.


3.15 General Development Standards Applicable to All Discretionary Uses in this Bylaw

Upon approval of a discretionary use by resolution of Council, the Development Officer shall issue a Development Permit subject to any development standards prescribed by Council which shall be based on the following and Section 52 of the Act:

 Sites shall be landscaped and fenced where necessary to maintain the character and amenity of the neighbourhood;
 Adequate on-site parking shall be provided and maintained;
 Parking, storage and other non-landscaped areas shall be suitably screened from adjacent properties and streets;
 Adequate receptacles for refuse and litter shall be supplied;
 Vehicle access points shall be provided in suitable locations so as to minimize traffic congestion and possible hazards;
 The density, size, height and location of principal or accessory structures shall be regulated so as not to detract from the character and amenity of the neighbourhood; and  Council may attach special conditions to the Development Permit to regulate sound, light, glare, heat, dust, electrical interference, or other emission, and limit hours of operation, if in Council's opinion, it would detract from the amenity of the neighbourhood.
 Hours of operation


3.16 Permits for Accessory Uses

Unless exempted by Section 2.2.1, all development for an accessory use to a dwelling shall require a development permit. Unless otherwise exempted in a Zoning District, all accessory buildings, even those exempted by Section 2.2.1 from requiring a permit, shall be required to conform to the front, side and rear yard setbacks of that District.


3.17 Legal Access for Certain Uses and All Subdivisions

(1) Development of a farmstead, residence, bed and breakfast home, commercial or industrial use, institutional use, or other non-agricultural development is prohibited unless the site abuts a developed road or the developer agrees to construct the road to Council’s standards.
(2) Council shall not be recommend a subdivision for approval unless the proposed sites and any unsubdivided remnant of the land being subdivided fronts on a developed road, including any road which is required to be registered and developed as a public road under a signed servicing agreement.
(3) For the purposes of this Bylaw, developed road shall mean an existing, graded All-Weather Road on a registered right of way, or a road for which a signed servicing agreement has been made with Council to provide for the construction of the road on a registered right of way to a standard approved by Council.


3.18 Minimum Area for a Dwelling or Mobile Home

The minimum allowable area for any of the above residential uses shall not be less than 65 sq. metres (700 sq. feet).


3.19 Use of the Holding Symbol “h”

Subject to the policies of Section 10.2G of the Official Community Plan, the Holding Symbol “h” may be used in conjunction with any zoning district to identify the future use of land. As outlined in Section 71 of the Act, the zoning regulations for the underlying zoning district shall apply upon the removal of the Holding Symbol “h”.

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