ZONING BYLAW
BYLAW NO. 05-09
(Third
Reading and Adoption on May 23, 2009)
Joseph J
Jozsa, MCIP, PPS
Planning
Consultant seal
CanQuest
Consulting Ltd.
63
Empress Drive
Regina,
Saskatchewan, S4T 6M7
(306)
347-0588
jjozsa@accesscomm.ca
TABLE OF CONTENTS
SECTION 1 Ð INTRODUCTION . . . . . . . page
5
1.1 Title
1.2
Purpose
1.3
Scope
1.3
Application to Current
Cottage Owners
1.4 Severance
1.5 Provincial
Interests
SECTION 2 Ð ADMINISTRATION. . . . . . . page 5
2.1 DEVELOPMENT
OFFICER AND PERMITS
2.1.1 Development
Officer
2.1.2 Development
Permits
2.1.3
Development Not
Requiring a Permit
2.1.4
Referral to Department
Of Public Health
2.2 DISCRETIONARY
USE APPLICATIONS
2.2.1 Discretionary
Use Application Procedure
2.2.2 Discretionary
Use Evaluation Criteria
2.2.3 Terms
and Conditions for Discretionary Use Approvals
2.2.4 Decision
2.2.5 Limitation
on Discretionary Use Approvals
2.2.6 Conditional
Discretionary Use Permits
2.3 ZONING
BYLAW AND FUTURE DEVELOPMENT
2.3.1 Amendment
of the Zoning Bylaw
2.3.2 Development
Permit Process in the Reservoir Development Area
2.3.3 Application
for a Plan of Subdivision of Land in the Reservoir Development Area
2.3.4 Development
on Leased Crown Land within the Resort Village
2.3.5. Revocation
of Decision
2.3.6 Development
Appeals
2.3.7
Minor Variances to the
Zoning Bylaw
2.3.8
Hazard Lands
2.3.9
Heritage Resources
2.4 FEES
AND ENFORCEMENT
2.4.1 Register
2.4.2 Fees
for Amendment of the Zoning Bylaw
2.4.3 Enforcement,
Offences and Penalties
2.4.4
Development Levies and
Servicing Fees
2.4.5
Licenses, Permits, and
Compliance with Other Bylaws
SECTION 3 Ð REGULATIONS: BUILDINGS, LOTS AND
ACCESSORIES
page 12
3.1 BUILDINGS
3.1.1 Established
Building Lines
3.1.2 Non-Conforming
Uses, Buildings and Sites
3.1.3 Permitted
Yard Encroachments
3.1.4 Private
Garages and Carports
3.1.5 Accessory
Buildings, Structures and Uses
3.1.6
Temporary Residence During Construction of Principal Building
3.1.7
Number of Principal
Buildings Permitted on a Site
3.1.8
Demolition of Buildings
3.1.9
Buildings to be Moved
3.2 SPECIAL
PROVISIONS
3.2.1 Bed
and Breakfast Lodging
3.2.2 Home
Based Businesses
3.3 RESIDENTIAL
ACCESSORIES
3.3.1 Satellite
Dishes, Radio Towers, TV Antennas, Solar Collectors, Wind Turbines
3.3.2
Swimming Pools, Hot
Tubs, Ornamental Ponds and Wading Pools
3.3.3
Fences
3.3.4
Outdoor Lighting
3.3.5
Recreational Vehicles on
Residential Sites
3.3.6
Keeping of Animals
3.3.7
Signs
3.4 RESIDENTIAL
LOTS
3.4.1 Grading
and Leveling of Lots
3.4.2
Storage
3.4.3
Off-Street Parking
3.4.4
Boulevard Parking
3.4.5
Driveways
3.4.6
Permits for Driveway
Construction or Construction of Boulevard Parking
3.4.7
Lot Appearance
3.4.8
Landscaping on Public
and Private Lots
3.4.9
Removal of Dangerous
Trees from Private Lots
SECTION 4 Ð OPEN SPACE REGULATIONS. . . . . page 21
4.1
ACTIVITIES
IN THE OPEN SPACE AREAS
4.1.1 All
Terrain Vehicles, Motorbikes and Snowmobiles
4.1.2
Vehicles
and Parking
4.1.3
Boat
lifts
4.1.4
Firearms
4.1.5
Trapping
4.1.6
Gardens
4.1.7
Camping
4.1.8
Fires
4.1.9
Pets
4.1.10
General
Conduct of Persons in the Open Space Area
4.1.11 Exemptions,
Offences and Penalties
4.2
MANGEMENT
OF OPEN SPACE ARES
4.2.1 Management
of Trees and Grasses
4.2.2 Private
Tree Planting on Crown Lands
4.2.3 Dead
or Deteriorating Trees
4.2.4 Tree
Removal from Village Forests
4.3 GROUNDWATER
AND STORMWATER MANAGEMENT
4.3.1 Ground
Water Protection
4.3.2 Inter-Municipal
Co-operation on Groundwater Protection
4.3.3
Storm
Water Management
4.3.4
Community
Involvement in Protecting our Resources
4.4 COMMUNITY
INVOLVEMENT IN PROTECTING OUR RESOURCES
SECTION
5 Ð ZONING DISTRICTS . . . . . . . page
26
5.1
ZONING DISTRICT
MAP, HOLDING PROVISION, OVERLAY DISTRICTS
5.1.1 The
Zoning Map
5.1.2 Boundaries
of Zoning Districts
5.1.3 Holding
Provision
5.104 Overlay
Districts
5.2 THE
MISTUSINNE ZONING DISTRICTS
5.2.1 Residential
District (R1)
5.2.2 Green
Space District (GS)
5.2.3 Mistusinne
Commons District (MC)
5.2.4 Community
Service Districts (CS)
5.2.5 Environmental
Reserve District (ENV)
5.2.6 Future
Development District (FD)
5.3 DEVELOPMENT
STANDARDS FOR BUILDINGS IN THE DISTRICTS
5.4 PERMITTED
OR DISCRETIONARY USES, OTHER DISTRICT REGULATIONS
5.5 PROHIBITED
LAND USE IN ALL ZONING DISTRICTS
SECTION
6 Ð INVOLVEMENT AND COOPERATION . . . . page
32
6.1
COMMUNITY
INVOLVEMENT
6.2
INTER-MUNICIPAL
COOPERATION
SECTION
7 Ð DEFINITIONS . . . . . . . page
33
SECTION 8 - COMING INTO FORCE . . . . . . page
39
APPENDICES
Appendix A:
Application for Development
Permit, FORM A and B
Appendix B:
ÒSchedule AÓ ZONING DISTRICT
MAP
Appendix C:
Lot Schematics
SECTION
1 - INTRODUCTION
Under
the authority of The Planning and Development Act, 2007
and in conjunction with Bylaw No. 04-09, the Official Community Plan of the
Resort Village of Mistusinne, the Council of the Resort Village of Mistusinne,
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 Mistusinne Zoning Bylaw.
1.2 Purpose
The purpose of this zoning bylaw is to control the
use of land so as to provide for the health, safety, amenities and general
welfare of the residents of the Resort Village of Mistusinne.
1.3 Scope
All development within the limits of the Resort
Village of Mistusinne shall be in conformity with the provisions of this
Bylaw.
1.4
Application
to Current Cottage Owners
Any lawful use of land and any existing building (or any
building lawfully under construction) that does not 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
applicable provincial land use policies and statements of provincial interest.
SECTION 2 Ð
ADMINISTRATION
2.1 DEVELOPMENT
OFFICER AND PERMITS
2.1.1 Development
Officer
Unless
otherwise designated by Council, the Village Clek of the Resort Village of
Mistusinne shall be the Development Officer responsible for the administration
of this Bylaw.
a)
Except
as provided in Section 2.1.3, no person shall undertake a development or
commence a use unless a development permit is obtained.
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:
á
All building and setback
dimensions
á
Landscaping, parking
areas and driveway
á
Ingress and egress from
the site/property
á
Proposed municipal
services and locations
á
Confinement of drainage
to open sides of the site
e)
A building permit shall not be issued unless a development permit, where
required in this Bylaw, has also been issued.
f) 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 with the Zoning
Bylaw, incorporating any special regulations, performance standards or
development standards authorized by this Bylaw.
ii)
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.
iii)
The
permit or notice of refusal shall be in "Form B" as adopted or
amended by
resolution of Council.
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.
h) A
development permit may be granted
for an additional 12 month period by the Development Officer.
2.1.3 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)
The
installation of fences less than 1.8 m (6 ft) in height,
g)
The
construction of accessory buildings under 100 square feet ( 9.29 square metres), to a maximum of two
accessory buildings, counting a detached garage and or portable garage
(example: fabric building) on private property. NOTE: Accesory buildings converted to sleeping
accommodation require a permit.
h)
Hot
tub installation as long as it meets the requirements of the bylaw,
i)
Outdoor
lighting as long as it meets the requirements of the bylaw,
j)
The
erection of a sign (for residential uses) which conforms to Section 3.3.7, and
k)
A
driveway approach with a top width not greater than 20 ft (6.10 metres) where
inspection by the Development Officer by Village staff determines no drainage issue requiring
a culvert.
l)
Forest
and grasslands management within the Municipality.
2.1.4 Referral to
Department of Public Health
The
Development Officer shall forward 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.
2.2 DISCRETIONARY USE
APPLICATIONS
2.2.1 Discretionary Use Application Procedure
a) For
a DISCRETIONARY USE, the owner of the property (or other person with written
consen of the owner) may apply to the Development Officer 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/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 CouncilÕs 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 250 feet (91
metres) of the boundary of the applicants property by registered mail, place
notification posters on the applicantÕs property, and post a notice on the
Resort Village website. This public notice of DISCRETIONARY USE application
shall be given and mailed at least three (3) weeks prior to the date of the
Council meeting where the application shall be considered.
f)
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.
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 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.
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)
Shape,
arrangement and location of proposed buildings with respect to buildings on
adjacent properties.
c)
Special
development standards regarding Òyard requirementsÓ 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 the adjacent
green space/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 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:
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/she 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,
iii. The applicant
applies to increase the specifically approved intensity of use.
2.2.6 Conditional Discretionary Use Permits
Application
for CONDITIONAL DISCRETIONARY USE PERMIT concerning certain accesory buildings
for secondary living quarters 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 bead 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)
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.
2.3.2 Development Permit Process in Reservoir
Development Area
The
Resort Village of Mistusinne is within the Restricted Building Area of the Lake
Diefenbaker Reservoir Development Area (RDA) and all developments shall comply
with the Reservoir Area Development Regulations administered by The
Saskatchewan Watershed Authority.
a)
All
applications for development within the Restricted Building Area, as a
requirement of the Reservoir Development Area Regulations for the Lake
Diefenbaker Reservoir Development Area, shall be sent to Saskatchewan Watershed
Authority for review and specific decision, after review and recommendation by
Council.
b)
A
copy of an application for discretionary use within the Reservoir Development
Area shall be sent to the Saskatchewan Watershed Authority pursuant to Section
2.4.5 (Licenses, Permits, and Compliance with Other Bylaws) of this Bylaw.
2.3.3 Application for a Plan of Subdivision of
Land in the Reservoir Development Area
Before
applying under The Planning and Development Act, 2007 to the Minister of Municipal
Affairs for the approval of a plan of subdivision of land within Lake
Diefenbaker Reservoir Development Area, first the Council requires the written
approval from the Minister responsible for the Saskatchewan Watershed Authority
Act of the uses proposed in the subdivision plan.
2.3.4 Development on Leased Crown Land within
the Resort Village
According
to the Land Lease Agreement, Council shall only carry out or approve
developments that are in accordance with plans approved by the Minister of
Environment or the MinisterÕs authorized agent. By resolution of the Council, the Administrator of the
Resort Village of Mistusinne shall be instructed to apply to the Minister for
approval of plans for developments on leased Crown land within the Resort
Village.
a)
Where
an approved development is not being developed in accordance with the
provisions of this Bylaw, or with the standards and conditions specified in the
development permit, Council may revoke or suspend the development permit.
b)
The
development permit shall not be reissued or reinstated until all deficiencies
have been corrected.
2.3.6 Development
Appeals
a)
Council in accordance with Sections 26 Ð 28 and 49 and 213 Ð 217 of The
Planning and Development Act, 2007, shall appoint a Development Appeals Board of
the Resort Village of Mistusinne.
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 Mistusinne pursuant to Section 219 of The Planning and
Development Act, 2007.
c)
Where an application
for a DISCRETIONARY USE or development has been approved with prescribed
development standards, the applicant shall be advised of his 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 CouncilÕs approval, file a written
notice of intention to appeal to the Development Appeals Board (Section 58 of The
Planning and Development Act, 2007).
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 Planning and Development
Act, 2007.
f)
When appealing to the
Development Appeals Board, and hearing an appeal, the provisions of The
Planning and Development Act, 2007
shall apply.
g)
An application for a
Development Permit shall be deemed to be refused when a decision therein 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.
2.3.7 Minor
Variances to the Zoning Bylaw
a)
An
application for a minor variance shall be made to the Development Officer for a
minor variance to the Zoning Bylaw in a form prescribed by the Development
Officer, and include the application fee.
b)
The
maximum amount of minor variance on dimension shall not exceed 10% of the bylaw
requirement of the Zoning Bylaw and the development shall conform to the Zoning
Bylaw with respect to the use of land.
c)
The
relaxation of the Zoning Bylaw shall not injuriously affect neighbouring
properties.
d)
Council may approve a minor variance as per in Section 60 of The
Planning and Development Act, 2007
2.3.8
Hazard lands
Council shall be
guided by the following guidelines to determine whether a proposed location is
potentially hazardous for development or subdivision:
a) Building
Elevation for Habitable Structures - Saskatchewan
Watershed Authority has estimated a range of elevations for habitable buildings
at Mistusinne for a range of shoreline slopes by adding a safety margin of 0.50
m to the adjusted flood line. Safe building elevations range from 1833 ft
(558.9 m) at 3:1 slope to 1833 ft (558.0 metres) against a 20:1 slope.
b) Existing
Setback from Shoreline for Habitable Buildings - To keep properties out of the
backshore recession area and away from wind-born sands, the existing town site
has been surveyed above the 1840 ft (560.83 m) contour, resulting in a 500 feet
(230 metres) horizontal setback from the high waterline. This is 6.33 ft (1.93
m) above the estimated safe building elevation at 3:1 shore land slope.
c) Hazard
Lands - Where a proposed development or subdivision is located on land considered be potentially
hazardous, including but not limited to flooding, and shoreland
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 Engineer in the Province of Saskatchewan. The
report must 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.
ii) The
potential for flooding up to a 1 in 500 flood elevation, or where not involving
a building, a lower elevation for the proposed use;
iv)
The
potential for slope instability, shoreline recession, soil erosion, sand
blowouts, safe building sites, or the potential for irreparable alteration of
the natural resource base;
v)
Proposed
action for hazard avoidance, prevention, mitigation or other measures that may
be specified as conditions in the
development permit.
Council shall
refuse a permit for any development for which, in CouncilÕs opinion, the
proposed actions are inadequate to address the adverse effects, or shall result
in excessive municipal costs.
2.3.9 Heritage Resources
Saskatchewan
Heritage Resources Branch has indicated a high potential exists for unrecorded
archaeological sites in Sections 20 and 29-24-4 W3M 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 Mistusinne 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 Planning and Development Act, 2007.
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 provide for in Section 243 of The Planning and Development Act,
2007.
2.4.4 Development
Levy and Servicing Fee for a New Subdivision
a) The
Council may, by bylaw, establish and impose a development levy to recover the
capital costs of services and facilities, such as, and not limited to matters
of sewage, water and drainage works, road construction and maintenance,
landscaping, and any other requirements determined by Council pursuant to
section 169 and 170 of The Planning and Development Act, 2007.
b) As
a condition of the development permit, Council may require the applicant or the
owner of land to pay for all applicable development levies in accordance with
this Bylaw.
c)
The Resort Village may require an applicant for subdivision to enter
into a servicing agreement, or posting of a performance bond, between the
developer and the Municipality with respect to providing services and
facilities that directly or indirectly serve the subdivision in accordance with
Sections 172 of The Planning and development Act, 2007.
2.4.5 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
Mistusinne or from obtaining any license, permission, permit, authority or
approval required by this or any other bylaw of the Resort Village of
Mistusinne. Where provisions in
this Bylaw conflict with those of any other municipal or provincial
requirements, the higher or more stringent regulations shall prevail.
SECTION 3 Ð
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.
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 is reduced
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 Ð 93 inclusive of The
Planning and Development Act, 2007:
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
with 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 an
other
portion of the parcel located on.
d)
Structural
alterations may only be made to a building or the part of a building where the
use is conforming.
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-conforming 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.
3.1.3
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 1.5 feet (0.46 metres) in any
size or any sidewalk, uncovered driveway, fence, garden or pond.
b)
In
addition to the above, the construction of access ramps, lifts, and so on for
the disabled or uncovered balconies, porches, verrandahs and decks having a maximum projection of 6 feet
(1.8 metres) into the rear or front yard setback may be permitted.
NOTE: A building permit is required for the construction
of detached structures greater than 100 square feet (929 square metres) and for
the construction of all structures to be attached to the principal dwelling.
3.1.4 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.
b) In
a residential district, a carport or garage, up to 750 square feet (69.68
square metres) in area shall be permitted.
3.1.5 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)
Permit
requirement for accessory structures:
|
Size of accessory
structure |
Requirements |
|
Under 100 square feet (9.29 square metres) of floor
area; or under 110 square feet (10.22 square metres) of horizontal roof area |
No Permit
required |
|
Over 100 square
feet (9.29 square metres) or larger |
Building Permit
required |
c)
No accessory use or structure shall be developed without a development
permit issued pursuant to SECTION 2 (Administration).
d)
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 principal dwelling. If in the required time period the principal
building is not completed, the accessory building is to be removed.
e)
No
permit shall be issued for the construction of more than one detached accessory
building and/or structure, except by DISCRETIONARY USE PERMIT.
f)
In
no case shall a detached accessory building have a greater floor area than the
principal dwelling unit.
g)
Accessory buildings may contain secondary living quarters at
CouncilÕs discretion with conditions to assure that conflict with
neighbouring uses is avoided. In
no case shall an accessory building contain more than 430 square feet (39.95
square metres) of floor area for the exclusive use of non-paying guests of the
occupant of the principal dwelling on the same site, when the principal
dwelling is occupied. ALSO
NOTE THE FOLLOWING:
i) The
combined floor area of the principal dwelling and all the accessory buildings
and structures shall not
exceed 35% of the site area.
ii) Accessory
buildings shall not exceed 10% of the site area.
iii)
The condition Òwhen the principal dwelling is occupiedÓ is intended to discourage casual
rental to tourists.
h)
Except
as specifically provided in this Bylaw accessory buildings shall comply with
the yard requirements for a principal building. Any building located less than
3 feet (.914) from a principal building shall comply with all the minimum yard
requirements of the principal building.
i)
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 2.3.6 (Development Appeals).
j)
No
accessory building or any portion of it shall be built or located in a required
front or side yard of any parcel.
k)
A
clearance of 3 ft (0.91 metres)) or more shall be maintained between an
accessory building and any other buildings on the site.
l)
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.
3.1.6 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 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.
3.1.7 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
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
vi)
Ancillary uses as
specifically provided for in this bylaw.
c)
In
the case of a discretionary use, Council may designate which of the several
buildings shall be deemed to be the principal building.
3.1.8 Demolition
of Buildings
No
building shall be demolished within the area covered by this Bylaw without
obtaining a building development permit. A development permit shall be granted
where all requirements of the Building Bylaw are met.
3.1.9 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 the
Residential District, it shall be:
a) Located
in, and ancilliary to, a single detached dwelling used as the operatorÕs
principal
residence,
b) Licensed pursuant
to The Public Health Act and The Public Accommodation Regulations and meet the
requirements of the Fire Commissioner,
c) Limited
to a maximum of two thirds of the number of bedrooms for guest bedrooms,
d) Permitted
a maximum of one (1) off-street parking space for each lodging room,
e) Allowed
to provide one non-illuminated window or wall sign having a maximum facial area
of 2 square feet (0.19 square meters) advertising the bed and breakfast
lodging.
3.2.2 Home-Based
Businesses
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, odour, toxic or noxious matter or
vapours, radio interference, or disturbance which is evident outside the
dwelling unit.
f)
Home-based businesses
shall be conducted entirely indoors and there shall be no exterior storage on
the site in relation to the home occupation.
g)
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.
h)
Home-based businesses
shall not result in undue increase in traffic or parking requirements in the
residential area.
i)
No
more than 25% of the gross floor area of the principal building shall be used
for home occupation. 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.
j)
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)
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 lot line in the side and rear
yards.
b)
Free
standing wind turbines as an accessory structure are allowed in backyards,
provided they are not more than 5 metres in height above grade level. Free
standing wind turbines shall require professional engineering certificate and
Building Permit for non-CSA/ULC approved systems. Wind turbines placed on an existing structure shall require
professional engineering certificate and Building Permit. Large wind turbines on residential lots
shall not be permitted in light of anticipated problems such as: interference with residentsÕ 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 Swimming Pools, Hot Tubs, Ornamental
Ponds, and Wading Pools
a)
Swimming
pools, either above or below grade, shall not be permitted because of limited
groundwater availability and vulnerability of the near surface groundwater to
contamination.
b)
Hot
tubs do not require a building permit as long the cottage owner meets 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.
ii)
The hot tub must
carry a Canadian Standards certification.
iii) The hot tub must
meet setback requirements (See Section 3.0).
iv) The required
permits are obtained for all the electrical, plumbing, and related gas
connections and heating work.
vii)
The
hot tub is intalled and operated according to manufacturerÕs specification.
viii)
All
drain and backwash lines are connected to the plumbing system (septic tank) to
avoid a groundwater contamination event.
ix)
Safety
features must be in place such as child proof fencing and a tub cover.
x)
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 24 inches
(60.96 cm) in depth shall be
permitted. ManufacturerÕs recommened safety features must be in place.
3.3.3 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.
3.3.4 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.
3.3.5 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 with an existing permanent dwelling.
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 located on the same residential lot.
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/lagoon) or be connected to an on-site septic tank on the same residential
lot.
3.3.6
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.
3.3.7 Signs
a)
Each cottage shall display to the
street side a numbered address sign as per the following exmaple: 603 (meaning
block 6, cottage lot 3) to help in the event of emergency such as fire,
ambulance or police.
b) No more than one
permanent sign is permitted on 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 vehicleÕs
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:
h)
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 Leveling of Lots
a) Any lot proposed
for development shall be graded and levelled at the ownerÕs expense to provide
for adequate surface drainage.
b) The drainage of a
lot shall not adversely effect adjacent property, and shall comply with the
requirements of the Resort Village
of Mistusinne respecting design and location of flow from the property.
3.4.2 Storage
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, excluding RVÕs, 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.
g)
3.4.3
Off-Street
Parking
a)
Permanent
vehicular access to residential lots shall be from the village streets to the
front lot line because the
residential subdivision layout is based on lots without back or side lanes.
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 |
Parking
Spaces |
|
Dwelling |
1 per
dwelling unit |
|
Home
based businesses |
1 per
non-resident employee |
c)
A
parking space shall be a minimum of 9
feet (2.74 metres) by 20
feet (6.10 metres).
d)
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 Boulevard Parking
a) Boulevard parking
application shall not be approved if the proposed parking area reduces the
existing Ôcatch basinÕ area frontage to less than 50% or if the more than 50%
of the front yard would be covered by parking space.
b) Fills for
boulevard parking shall use highly porous material to retain permeability for
onsite drainage. In anticipation of asphalt it may be advisable to install a
culvert
c) Driveways
and Boulevard
Parking must be designed and constructed
to avoid storm water runoff from the road and the driveway that can cause
flooding, erosion, or provide other hazards to residents and to any structures,
the driveway itself and to neighbouring property.
d) NOTE:
The Resort Village will not be responsible for any damage or flooding resulting
from the failing drainage system.
e) Driveways
Boulevard
Parking should not be located closer than
3 feet (0.91 metres) from power poles; nor closer than 10 feet (3.05 metres) to
the side of the property unless the driveway is to be shared with a driveway on
an abutting property and/or the driveway accesses a detached garage, carport or
parking pad in the rear yard.
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 metres) for driveway approach,
iii.
With a surface width of
paved driveway and the paved driveway portion of the approved boulevard parking
surface with a top width not greater than 50% of the lot,
iv.
Sloped away from the
village road so run-off shall not go on the road and shoulder,
v.
With side slopes on the
driveway (preferred range: 6:1 to 10:1)
less than the side slope of the adjacent village road.
b)
Driveway approaches
shall be constructed with sufficient slopes to not allow water from the
driveway to enter the road. The ideal surfacing of the driveway abutting the
paved edge of the road would be paving for a minimum of 10 feet (3.05 metres)
from the intersection of the approach with the paved 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:
á
Substantial improvements
are made to the existing driveway, for example if the owner replaces any part
of an existing driveway.
á
Widening the travel
width, raising the height of the driveway, paving or re-paving.
3.4.6 Permits for Driveway Construction or
Construction of Boulevard Parking
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.
b)
A Boulevard Parking Permit is required for property owners to
establish parking spaces partially or entirely on Resort Village road
allowance. (A permit is not
required for construction of on site parking; other applicable provisions of
this Bylaw shall apply.)
c)
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
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 and
boulevard parking permits to cover cost of onsite inspection by the Village.
d) The
issuance of a Driveway Permit or a Boulevard Parking
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 neighbouring 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 xeriscape 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
on Public and Private Lots
a)
Open uncovered spaces
in new residential districts shall be landscaped.
b)
The propose of landscape
guidelines for residential lots is 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.
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.
ii) 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
3.4.9 Removal of Dangerous Trees on Private
Lots
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 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 Ð
OPEN SPACE REGULATIONS
The purpose of
these regulations is:
á To regulate the use
of Open Space Areas (leased Crown lands containing beaches, waterfront,
reservoir drawdown area, recreation lands, green spaces, open grass lands and
tree plantations, recreation areas, and environmentally sensitive areas), and
á To assure the
continuity of natural amenities for the enjoyment of village residents.
4.1 ACTIVITIES IN THE
OPEN SPACE AREAS
4.1.1 All Terrain Vehicles, Motorbikes and
Snowmobiles
a) All terrain
vehicles, motorbikes, and snowmobiles, as discretionary uses, may be allowed by
Council in certain areas and on certain routes designated under certain
conditions that Council may establish from time to time.
b) With deference to
ratepayersÕ concerns over environmental and public safety, such the as
stressful effect of ATVs on winter and summer wildlife habitat, the loss of
vegetation cover and resulting soil erosion, and their interference with a
peaceful and safe setting for beach and on walking areas, the compatibility of
all terrain vehicles, motorbikes and snowmobiles shall be periodically assessed
as required by Council.
c) Council
may, under certain conditions on specified routes as determined by council,
allow the use of all terrain vehicles and snowmobiles for utilitarian purposes
(as utility vehicles for towing boat trailers or hauling goods and material).
4.1.2 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 overnight.
d) Act contrary to
any traffic control device in an Open Space Area or in a parking lot.
4.1.3 Boatlifts
Council
shall consider applications for the permitting of seasonal private boatlifts
where such temporary structures would not pose aesthetic, environmental or
safety concerns.
a)
Permission to place
temporary seasonal boatlifts on the bed and shore of the lake shall require
that the resident owner:
i) Complete an
application, on a prescribed form, to the Development Officer.
ii)
Provide proof of
liability insurance.
b) Boat lift permits
shall be limited to one per cottage lot.
c) The
fee for an annual boatlift permit shall be specified on the Council Rate
Schedule.
d) Boatlifts must be removed from waters
(or from draw down area of the land) by November 1 or earlier (before
freeze-up) and stored on the designated area of the shoreline until after May
15.
e) Council
may place conditions on the boatlift permit to preserve the interests of the
lawful users of the Resort Village.
4.1.4 Firearms
a)
The term ÒFirearmÓ shall be as defined in The Wildlife Act, 1998 and
amendments.
b)
In the interest of public safety, the discharge of any firearm (such as
a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, longbow,
or crossbow) within the boundaries of the Resort Village of Mistusinne 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.
4.1.5 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 an humane manner.
d)
Cottage owners shall be allowed to trap on their own sites.
4.1.6 Gardens
a) Planting
of private gardens on public lands are not allowed except on land designated by
Council as a Community Garden.
4.1.7 Camping
a) No
person shall set up a tent, trailer,
camper, or RV in an Open Space Area, except in conformity with the Zoning
Bylaw.
4.1.8 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.
4.1.9 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 o the owner;
b) Off-leash Under Cotrol
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 Ð Areas where pets are prohibited, including the golf
course, and any other areas designated by Council.
4.1.10.............................. 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.
4.1.11 Exemptions,
Offences and Penalties
a) Any persons are exempt
from these provisions of this Bylaw who has received the prior written
permission of Council to use part of the Open Space Area as a temporary access
to that personÕs property or for a temporary camping area.
b) 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 4.1 of this Bylaw commits an
offence and is liable on summary conviction to a fine set by Council under a
separate Bylaw.
4.2 MANAGEMENT OF
OPEN SPACE AREAS
4.2.1 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 in the Environmental Reserve District,
c) Encourage the use
of natve species and prairie hardy plant trees and shrubs,
d) Retain and enhance
native vegetation in new developments
4.2.2 Private Tree Planting on Crown Lands
Persons or groups
wishing to plant trees or shrubs on green spaces/other dedicated lands or
public property (crown land) are required to submit a written request with a
location plan to Council. Village staff shall review such proposed planting
plans against the following guidelines:
a)
There are no conflicts with future tree planting plans.
b)
The selection of trees and shrubs shall be made from the Desirable
Tree Planting List kept by the Village.
c)
There has been prior consultation with Village staff to ensure that
plantation layout and design will be harmonious with the character of the area
and shall not block views of immediate area residents.
d)
The plantation layout/design should not be an extension of the private
space of the applicantÕs cottage site.
4.2.3 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.
b) Fallen and
decaying wood/branches left in-situ on the ground promote soil fertility. Where
practical, the Resort Village shall mulch unused wood on-site.
4.2.4 Tree
Removal from Village Forests
a) No
person shall cut or remove any tree without having first obtained a tree
cutting permit and paid a stumpage fee.
b) Only
certain trees shall be marked by trained Village Staff for removal and stumpage
fees collected shall be earmarked for forest renewal.
d)
The Development
Officer may issue a tree cutting permit which provides for the cutting or
removal of trees 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) The
tree is located within the area of a building for which a development permit
has been submitted, or is located on the property and within 6 feet (1.83
metres) of the proposed building.
iii) The
tree is located on the property within 6 feet (1.83 metres) of an existing
building.
iv) The
tree is dead, dying, severely diseased, or damaged so as to pose a safety
hazard.
v) 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.
e)
The above clauses shall
not apply to the normal pruning and maintenance of trees by the staff of the
Resort Village.
4.3 GROUNDWATER
PROTECTION AND STORM WATER MANAGEMENT
4.3.1 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) 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 Five Hills Health Region,
Saskatchewan Environment or the Saskatchewan Watershed Authority.
c) Prior
to considering new subdivision proposals, Council may require a hydrology
report to be submitted, demonstrating that an adequate supply of water exists
and that existing supplies will not be adversely affected by the proposal.
d) Subject
to the Acts and Regulations, as amended from time to time, and administered by
the Five Hills 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.
e)
Pit privies are
prohibited.
f)
The primary sewage disposal system component shall be a septic tank
placed on the property.
g)
Placement of septic 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 Five Hills Health Region.
h)
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.
i)
A permit must be obtained from the Public Health Inspector before any
person installs a septic system.
j)
The installation of a new septic line or the reinstallation of a
replacement septic tank shall have a sucker line from the septic tank to the
front (street side) property line.
k)
Effluent must be hauled to an approved lagoon or disposal site.
l)
The Resort Village may conduct annual random testing of septic 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)
Sewage field disposal systems (mound and jet or open discharge) are not
permitted in the Resort Village.
o)
Underground fuel storage tanks and fuel tanks shall be prohibited in the
Resort Village.
p)
Heating oil tanks shall be placed over leak-proof sump area.
q)
De-icing salts shall not be permitted on village roads.
r)
The spreading of manure is not permitted.
s)
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.
t)
Geothermal installations and operations shall not be permitted as the
Resort Village lacks the necessary information on groundwater and geohydrology
with respect to protection of village aquifers from contamination.
4.3.2 Inter-municipal
Co-operation on Groundwater Protection
a) Council may, by
resolution, enter into agreements with any municipality to establish a planning district with other
municipalities under the provisions of The Planning and Development Act,
2007, outside the boundaries of the
Resort Village with respect to the protection of recharge areas for the
groundwater sources the Village residents draw on within the Resort Village.
b) Council may, by
resolution, enter into agreements with any municipality to establish a planning district with other
municipalities under the provisions of The Planning and Development Act,
2007, outside the boundaries of the
Resort Village with respect to waste disposal and sewage disposal.
4.3.3 Storm
Water Management
a) Roadway ditches
along surfaced roads in the subdivision act as Ôcatchment basinsÕ 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. Off-Street and Boulevard Parking and Driveways Regulations (Sections 3.4.3, 3.4.4, and 3.4.5)
establish regulations to maintain permeability and local drainage.
b) Along the valley
wall (Mistusinne Commons District) 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.
4.4 COMMUNITY INVOLVEMENT IN
PROTECTING OUR RESOURCES
Although these
Bylaws provide the authority for enforcing the implementation The Resort Village
of Mistusinne 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 various advisory committees such the Beach and Waterfront
Committee, the Emergency Measures Committee, and the Friends of
Trees Committee.
SECTION 5 - ZONING DISTRICTS
5.1 ZONING
DISTRICT MAP, HOLDING PROVISION AND OVERLAY DISTRICTS
5.1.1 The
Zoning District Map
The map, bearing the statement ÒThis is the Zoning
District Map referred to as Schedule ÔAÕ in the Zoning Bylaw of the Resort
Village of Mistusinne by Bylaw No. 05-09Ó adopted by the Resort Village and
signed by the Mayor and Municipal Administrator under the seal of the
municipality, shall be known as the ÒZoning District MapÓ and such map is
attached as Schedule ÔAÕ and forms part of this Bylaw.
5.1.2 Boundaries
of Zoning Districts
a) Unless shown
otherwise, the boundaries of districts are lot lines, centre lines of streets,
lanes, road allowances, railway right of way, shoreline of Lake Diefenbaker,
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
tails 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.
5.1.3 Holding
Provision
a) Where on the
Zoning District Map the symbol for a zoning district has the prefix ÒHÓ, any
lands so designated on the map shall be subject to a holding provision in
accordance with section 71 of The Planning and Development Act, 2007, and shall not be
developed or redeveloped until the Resort Village enacts an amending bylaw
removing the ÒHÓ 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 ÒHÓ is
applied. Those existing uses, buildings, and structures have been documented in
the Crown land lease agreement with Saskatchewan Environment
ii) Passive
recreation,
iii) Afforestation
and other conservation practices,
iv) Public
works,
v) Municipal
facilities
c)
Council may, by bylaw,
remove the holding symbol H from a portion of the FD - Future Development
District for residential development after the following conditions are met:
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) Council shall convene a
Land Development Committee to assess the acceptability of a new
residential development in the area north of the golf course in the Resort
Village according to Section iii) below.
iii)
Such assessment shall
include, and not limited to:
i)
Meeting requirements for
potable water supply, solid and liquid waste disposal in accordance with
Section 4.4, Groundwater Protection and Storm Water Management Regulations.
ii)
Detailed designs,
servicing and infrastructure development
iii) Public consultation with the ratepayers.
iv) And, if applicable, Council entering into a
Development agreement according to Section 7.
d)
Once these, and other
conditions set by the Resort Village of Mistusinne, have been met, and without
a formal public hearing according to Pert X of The Planning and Development
Act, 2007, the holding symbol may be
removed by an amending bylaw according to Section 71 (2) of The Act.
5.1.4 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 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:
a) Groundwater
Protection and Storm Water Management Regulations overlay over the entire
Village area (Section 4.4).
b) Open Space
Management Regulations overlay with respect to Crown lands, public reserves
(Green Spaces) and R1 Zoning District (Sections 4.1, 4.2 and 4.3).
5.2
THE MISTUSINNE ZONING DISTRICTS
For
the purpose of applying this Bylaw, the Village of Mistusinne is divided into
the following zoning districts. The boundaries of these zoning districts are
shown on the ÒZoning District MapÓ. Such districts may be referred to by the
appropriate symbols.
|
Zoning Districts |
Symbols |
|
Residential(Single Detached Dwellings) |
R1 |
|
Green Space |
GS |
|
Mistusinne Commons (Recreation) |
MC |
|
Community Services |
CS |
|
Environmental Reserve |
ENV |
|
Future Development |
FD |
5.2.1
The Residential
District (R1)
a)
The purpose
of the Residential District shall be to provide for single detached dwellings
and other permitted compatible uses.
b)
For development standards for buildings in
the Residential District, see Section 5.3.
5.2.2
The Green Space
District (GS)
a) The Green Spaces
lands, interspersed Crown lands among clusters of cottage lots, provide a park
like setting to residential and recreational developments in the Village. The
Resort Village of Mistusinne recognizes the importance of these green spaces
(open spaces) for their aesthetic, environmental, recreational, and economic
values to residents.
b) The purpose of
the Green Space (public reserve) District is to provide lands as open space
between clusters of cottage lots and other use areas or Zoning Districts so as
to maintain the rural character of the village and to provide for Village
residents with pedestrian access corridors from the back row lots to the
Commons and the lake.
The Mistusinne Commons District (MC)
a) The
lakeside environment makes the resort Village of Mistusinne a desirable place
for the residents to enjoy and appreciate. Key attractions of the Resort
Village are the open spaces, the wide expanse of sandy beaches and the
shoreline bluff overlooking Lake Diefenbaker, and the interface of land and
water where most aesthetic and recreation opportunities take place.
b) The
purpose of the Mistusinne Commons District is to provide access to the open spaces, shorelands
and the lake, along with related recreational developments for the residents of
the Resort Village of Mistusinne.
5.2.3
The Community
Services District (CS)
a) The
intent of the Community Service District is to provide community services on
surveyed lots and un-surveyed Crown lands.
b) For development
standards for buildings in the Community Services District, see Section 5.3
5.2.4
The Environmental
Reserve District (ENV)
a) The
purpose of the Environmental Reserve District is to set aside land in the
Resort Village pursuant to Section 185 of The Planning and Development Act,
2007 which consists of qualifying
natural and cultural features such as: natural drainage courses, seepage
springs, environmentally sensitive wildlife habitat, historical features or
significant natural features, land that is subject to flooding or is unstable,
along with Crown owned land that
abuts the lake bed and shore of the lake.
These lands are required for the purpose of prevention of pollution, for
preservation of the bank, and for beach accretion areas (due to seasonal
fluctuation in lake level). The beach accretion area is the nesting habitat of
the endangered Piping Plover.
b) Such known areas
are in the south, the middle and north end of the shoreline in the Resort
Village. These are pockets of springheads and associated seepage areas
surrounded by steep topography and riparian vegetation cover.
5.2.5
The
Future Development District (FD)
a) The
purpose of the Future Development District is to reserve unsubdivided and/or
undeveloped land for future residential development for single detached
dwelling and other land uses.
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.
5.3 DEVELOPMENT
STANDARDS FOR BUILDINGS IN THE DISTRICT
|
Requirements |
Single
Detached Dwellings in the RESIDENTIAL DISTRICT |
Accessory
buildings in the RESIDENTIAL DISTRICT |
Buildings
on lots 101, 102, 103 Ð COMMUNITY SERVICE DISTRICT |
|
Site area, minimum |
6000
sq ft (557.34 sq m) |
|
6000 sq ft (557.34 m2) |
|
Site frontage minimum for rectangular site |
50
ft (15.24 m) |
- -
|
50
ft (15.24 m) |
|
Site frontage minimum for
non-rectangular site [ft] (m) |
36
ft (11 m) |
-- |
36
ft (11 m) |
|
Mean width for
non-rectangular site |
50
ft (15.24 m) |
-- |
50
ft (15.24 m) |
|
Front yard, minimum |
20
ft (6.10 m) |
5
ft (1.5) |
20
ft (6.10 m) |
|
Mean depth |
120
ft (36.57 m) |
|
120
ft (36.57 m) |
|
Rear yard, minimum |
30
ft (9.14 m) |
5
ft (1.5 m) |
15
ft (4.57 m) |
|
Side yard, minimum [ft] (m) |
5
ft (1.5 m) |
5
ft (1.5 m) |
5
ft (1.5 m) |
|
Side yard abutting a street,
minimum [ft] (m) |
10
ft (3.05 m) |
10
ft (3.05 m) |
10
ft (3.05 m) |
|
Principal Building floor
area, Minimum [ft2] (m2) |
700
sq ft2 (65 m2) |
- - |
Site
overage - 50% |
|
Accessory buildings [ft] (m2) maximum of 2 (two) detached (See 1 below) |
- -
|
Total
floor area shall be less than permitted floor area of Principal Building area
built, and not more than 10% of site area (See 2 below) |
|
|
Maximum of site coverage, maximum of all buildings
combined |
35%
(See 3 below) |
|
|
|
Building height, maximum: No building shall exceed 28
ft (8.53 metres), nor shall be more than two
(2) stories in height |
28
ft (8.53 m) Building
heights shall not have a negative impact on the neighbouring property ownersÕ
views |
Height
shall not exceed the height of Principal Building. Building
heights shall not have a negative impact on the neighbouring property ownersÕ
vistas of Green Space |
On
Crown land: Lot area - no minimum Lot frontage - no minimum Front yard - no minimum Side yard - no minimum Rear
yard - no minimum |
|
(1)
Conditional
Use Permit shall be required for the second accessory building. (2) Example of 10% of 6,000 ft2 (50 ft x 120
ft) = 600 ft2 (20 ft x 30 ft);
10% of 7800 ft2 (65ft x 120 ft) = 780 ft2 (26 ft
x 30 ft). (3) Example of 35% of 6000
ft2 (557.34 m2)
= 2,100 ft2 (195 m2)
or 45.8 ft. x 45.8 ft of
site coverage |
* No minimum requirement for
playgrounds, sports, and public works. |
||
5.4 PERMITTED AND DISCRETIONARY LAND
USES, OTHER DISTRICT REGULATIONS
|
|
Permitted Uses |
Discretionary Uses
|
Other Regulations |
|||
|
RESIDENTIAL DISTRICTS (R1) |
●
Single detached dwellings ● Accessory buildings ● Public parks,
playgrounds and sports fields ● Community halls ● Places of worship ● Public works |
●
Bed & Breakfast Lodging ● Home Based Business ● One detached
accessory building with secondary living quarters (subject to CouncilÕs
discretion) ● More than one
detached accessory building (subject to Conditional Use
Permit) |
Accessory
buildings, structures and uses,
except accessory dwelling units, shall be permitted and comply with Section
3.1.5 of this Bylaw. Off Street Parking shall be as provided in Section 3.4.3 of this
Bylaw. Storage shall
be as provided in Section 3.4.2 of this Bylaw |
|||
|
GREEN SPACE DISTRICTS (GS) |
●
Non-motorized access for recreation activities throughout the GP - District ● Foot paths, trails, ●
Village service facilities such as water hydrants ● Village maintenance
and protection activities as approved or directed by Council ● Utility and
communication easements Prohibited Uses: ● Off-site gardens ● Extension of
Ôprivate spaceÕ by off-site landscaping ● Lane access (he primary level of access to lots or parcels is from the Village streets) |
●
Court games ● Sports and outdoor
recreation such as play areas, play ground apparatus, and multi purpose courts (tennis,
badminton, basket ball) and golf course ● tree plantations ● emergency off-ramp
access ● existing off-site
sand point wells and decommissioned wells ● Unimproved over- land emergency and occasional
access to back of cottage lots for seasonal storage and retrieval of vehicles
or for renovation and construction purposes approved by Council |
Accessory buildings, structures and uses
secondary or subordinate to, and located on the same lot with the principal
building permitted or discretionary use, shall be permitted. | |||