THE
RESORT VILLAGE OF CANDLE LAKE ZONING BYLAW |
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Article Two: DEFINITIONS
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| Whenever in this Bylaw the following words
or terms are used they shall, unless the context otherwise
provides, be held to have the following meaning: |
| Accessory Building |
see Building, Accessory. |
| Accessory Use |
see Use, Accessory. |
| Act |
The Planning and Development
Act, 1983 as amended from time to time. |
| Adult Theatre |
Any premises or any part thereof, where,
for any form of consideration, live entertainment, motion
pictures, video tapes, video discs, slides, or similar
electronic or photographic reproductions, are performed
or shown and where the main feature of which is the
nudity or partial nudity of any person. |
| Alterations |
Any structural changing, or addition to,
a building or structure, and shall include a change
from one type of use to another. |
| Adult Day Care Centre |
An establishment for the provision of
care, supervision, and protection of adults, but does
not include the provision of overnight supervision. |
| Basic Planning Statement |
The Basic Planning Statement for the Resort
Village of Candle Lake. |
| Bed and Breakfast Home |
A dwelling unit in which the occupants
use a portion of the dwelling unit for the purpose of
providing, for remuneration, sleeping accommodation
and one meal per day to members of the general public,
for periods of one week or less, and in which:
i) not more than three bedrooms within the dwelling
unit are used to provide such sleeping accommodation;
ii) the dwelling unit is the principal residence of
the person or persons receiving the remuneration and
providing the sleeping accommodation and one meal per
day; and,
iii) the meal which is provided is served before noon
each day.
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| Building |
Any structure constructed or placed on,
in, or over land but does not include a public highway. |
| Building, Accessory |
A subordinate, detached building appurtenant
to a principal building and located on the same site,
the purpose of which is to provide better and more convenient
enjoyment of the principal building. |
| Building, Principal |
A building in which the main or primary
use of the site is conducted. |
| Building Bylaw |
A bylaw adopted by the council pursuant
to the relevant provincial statute that regulates the
construction, alteration, repair, occupancy, or maintenance
of buildings. |
| Building Line, Established |
A line, parallel to the front lot line,
and set back the average distance from the edge of the
front lot line to the front wall of the existing buildings
on a side of the street where more than half of the
lots have been built upon. |
| Campground |
A parcel of land providing a location
for the placement of tents or recreation vehicles used
by travelers or tourists for overnight accommodation
that may or may not include confectionaries and laundromat
facilities for use by the travelers or tourists. |
| Chief Administrative Officer |
The Chief Administrative Officer of the
Resort Village of Candle Lake appointed by Council to
administer the Resort Village affairs. |
| Club |
A group of people organized for a common
purpose, to pursue common goals, interests, or activities,
and usually characterized by certain membership qualifications,
payment of dues or fees, regular meetings, and a constitution
and bylaws |
| Confectionary |
A retail, commercial establishment supplying
a limited selection of foodstuffs and other daily household
necessities to the surrounding area. |
| Construction Trades |
Offices, shops, and warehouses, with or
without associated retail sales of plumbing and heating,
electrical, carpentry, masonry, pipe fitting, metal
working, and other trades associated with the construction
of buildings, services, or of landscaping features or
planting. |
| Custodial Care Facility |
A facility for:
i. the temporary detention or open custody of persons
pursuant to the provisions of The Young Offenders Act
(Canada) or the Summary Convictions Procedures Act (Saskatchewan);
or
ii. a community training residence as defined in The
Corrections Act (Saskatchewan).
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| Design Flood |
The peak water level, being the 1:100
year return peak calm water level in combination with
the 1:5 year return wind set up and wave run up from
the governing direction, as determined by the Saskatchewan
Water Corporation. |
| Day Care Centre |
An establishment for the provision of
care, supervision, and protection of children, but does
not include the provision of overnight supervision. |
| Development |
The carrying out of any clearing, land
stripping, building, engineering, mining, or other operations
in, on, or over land or the making of any material change
in the use or intensity of the use of any building or
land. |
| Development Application |
A document requesting a development or
construction in the Resort Village of Candle Lake. |
| Development Permit |
A document authorizing a development issued
pursuant to this bylaw, but does not include a building
permit. |
| Discretionary Use |
A use of land or a building that may be
permitted in a zoning district only at the discretion
of the Council and that may be subject to specific development
standards as required by Council. |
| Dwelling |
A building or part of a building that
may be used as a permanent residence, including a prefabricated
or modular home but excluding a mobile home. |
| Dwelling Unit |
A separate set of living quarters, whether
occupied or not, that may be used as a residence each
unit having separate sleeping, cooking, and sanitary
facilities but does not include rooming houses or rooming
units. |
| Dwelling, Duplex |
A building divided horizontally into two
dwelling units. |
| Dwelling, Multiple Unit |
A building containing three or more dwelling
units but not including a motel or hotel. |
| Dwelling, Semi-detached |
A building divided vertically into two
dwelling units by a common wall extending from the base
of the foundation to the roof line throughout at least
40 percent of the length of the entire structure, measured
from the front to the rear building lines. |
| Dwelling, Single Detached |
A building containing only one dwelling
unit but not including a mobile home. |
| Environmental Site Assessment |
An investigation intended to identify
actual or potential contamination, and is performed
by a qualified person in accordance with The Canadian
Standards Association Standard Z768-94, Phase I Environmental
Site Assessment. |
| Erected |
To be built, constructed, or reconstructed
including the removal of a structure from one site to
another; and any physical operation such as excavating,
filling, or draining, preparatory to commencing the
work of erecting, building, or constructing a building. |
| Fill |
Soil, rock, rubble, or a combination of
these that is placed on the natural surface or previously
graded area or used to fill an excavation. |
| Flood Hazard Area |
An area of land that would be inundated
by the design flood. |
| Flood Proofing, Adequate |
Any combination of structural and non-structural
additions, changes, or adjustments to land or buildings
that significantly reduce or eliminate flood damage
to the buildings, property, and contents up to and including
the design flood plus freeboard. |
| Floor Area |
The maximum habitable area contained within
the outside walls of a building at, or above grade level,
excluding, in the case of a dwelling unit any private
garage, porch, sunroom, or unfinished attic. |
| Freeboard |
The elevation of the design flood plus
0.5 m. |
| Garage, Private |
A building or part of a building used
or intended to be used for the storage of motor vehicles,
but specifically excluding aircraft, for occupants of
the Dwelling Unit to which the Garage is Accessory and
having a capacity of not more than three (3) parking
spaces. |
| Gas Bar |
A site or part of a site used for the
retail sale of lubricating oils and gasoline, and automobile
accessories, but not the servicing, rental, or repairing
of motor vehicles. |
| Grade Level |
The finished ground elevation of a Site
at the Front of the principal building midway between
the outermost front corners of the building. |
| Hazard Land |
Lands which, due to potential flooding,
landslides, subsidence, or erosion pose dangers to uses
or developments that may occur on those lands. |
| Home-based Business |
A trade or craft conducted for gain in
a dwelling unit or a conforming accessory building by
the resident or residents and which is incidental and
secondary to the residence and does not change the building’s
exterior character. |
| Home Occupation |
An occupation or profession conducted
for gain in a dwelling unit or a conforming accessory
building by the resident or residents and which is incidental
and secondary to the residence and does not change the
building’s exterior character. |
| Hotel |
A building or structure or part of a building
or structure in which sleeping accommodation with or
without meals, and which may have a licensed beverage
room, is provided for tourists or travelers, and where
a guest register or record is kept, but does not include
a Motel or rooming house. |
| Ice Push Ridge |
A natural feature formed by lake ice pushing
shore materials into a ridge in the shore area. |
| Junk and Salvage Yards |
Uses involved in salvaging, storing, or
selling scrap metal, paper, plastic, glass, wood, and
other waste material, as well as appliances, unlicensed
vehicles, and used vehicle parts. |
| Junked Vehicle |
Any automobile, tractor, truck, trailer
or other vehicle that:
i) has no current valid license plates attached to it;
ii) is in rusted, wrecked, partly wrecked, dismantled,
partly dismantled, inoperative, or abandoned condition;
or
iii) is located on private land, but is not within a
structure erected in accordance with any law respecting
the erection of buildings and structures in force within
the Resort Village of Candle Lake and that does not
form a part of a business enterprise lawfully being
operated on that land.
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| Lane |
A public highway vested in the Crown as
a secondary level of access to a Lot or parcel of land. |
| Livestock |
Domesticated animals used primarily as
beasts of burden or for the production of fur, hides,
meat, milk, eggs or other product, but excluding companion
animals. |
| Lodge |
A hotel like facility centered around
recreational activities that provides all meals for
registered guests. |
| Lot |
A parcel of land in a subdivision, the
plan of which has been filed or registered in the Land
Title Office for the Prince Albert Land Registration
District. |
| Lounge |
A room or area adjoining a restaurant
set aside for the sale of beverage alcohol for consumption
on the premises, with or without food, and where no
area has been set aside for live dancing or entertainment,
either in the lounge or in the adjoining restaurant.
The area of the lounge may not exceed 50% of the public
assembly area in the adjoining restaurant. |
| Marina, Type I |
A facility, accessible by boat from a
water body for the sole purpose of docking or tying
up watercraft. |
| Marina, Type II |
A facility, accessible by boat from a
water body for the launching, berthing, and fueling
of water craft and may include a confectionary or sales
of boating supplies as accessory uses, but shall not
include any food service use, night club, tavern, or
lounge. |
| Mayor |
The Mayor of the Resort Village of Candle
Lake. |
| Mean Width |
The width of a yard, measured as a straight
line connecting the mid-point of the two side property
lines. |
| Minister |
The member of the Executive Council to
whom for the time being is assigned the administration
of the Act. |
| Mobile Home |
A trailer coach that conforms to the Canadian
Standards Association Standard No. Z240 for mobile homes
or to such standards as may have been defined by the
Canadian Standards Association for mobile home at any
time subsequent to the definition of the standard set
out as Z240, and is a single dwelling unit. The trailer
coach may be used as a dwelling all year; has water
faucets and shower or other bathing facilities that
may be connected to a water distribution system; and
has facilities for washing and water closet or other
similar facility that may be connected to a sewage system.
The trailer coach may be no greater that 5 m (16.4 ft)
in width. |
| Mobile Home Court |
A site under single management for the
placement of two or more mobile homes but does not include
an industrial or construction camp or any such court
if a tent or recreation vehicle that is not a mobile
home is also permitted to be situated thereon. |
| Motel |
An establishment consisting of a group
of attached or detached overnight accommodation for
temporary use by automobile tourists or travelers, and
may include a licensed dining room. |
| Night Club |
An establishment or portion thereof, where
primarily evening or night time entertainment is provided,
where beverage alcohol may be served to patrons for
consumption on the premises, with or without food, and
where a designation area for live entertainment or dancing
during certain hours of operation is also provided. |
| Parking, Off Street |
Space for the parking of motor vehicle
off of a public street or land and contained wholly
within the Site Lines. |
| Permitted Use |
A use of land or buildings with associated
development standards that shall be permitted in a zoning
district where all requirements of the Zoning Bylaw
are met. |
| Personal Service Shops |
Establishments engaging in the provision
of care for a person or their possessions, but not including
shops that are primarily retail in nature. |
| Personal Storage Facilities |
Facilities that offer indoor or outdoor
storage space for household goods, vehicles, or recreation
equipment, generally for a fee. |
| Place of Worship |
A place used for worship and related religious,
philanthropic, or social activities and includes accessory
rectories, manses, meeting rooms, and other buildings. |
| Pool |
A body of water located outdoors contained
in whole or in part by artificial means for which the
depth at any point can exceed 0.7 m (2.5 ft) and is
used or is capable of being used for swimming. |
| Pond |
A body of still water artificially formed
by excavation or embankment of soil and is greater that
0.7 m (2.5 ft) in depth and with a side gradient of
less that 20% (1 in 5) slope and is not intended for
swimming. |
| Principal Building |
see Building, Principal. |
| Property Line |
A line of record bounding a site that
divides one site from another or from a public street
or any other public space. |
| Public Works |
Includes facilities and land that are
owned or operated wholly or partially by the Crown or
a municipality to accommodate:
i) the production or distribution of electricity;
ii) the distribution of natural gas or oil;
iii) the distribution of telephone or light;
iv) the storage, transmission, treatment, distribution,
or supply of water; or
v) the collection, treatment, movement, or disposal
of sanitary sewage.
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| Recreation Vehicle |
A vehicle intended to provide temporary
living accommodation for tourists or travelers, build
as part of, or to be towed by a motor vehicle and includes
truck campers, motor homes, tent trailers, and travel
trailers. |
| Resort Village |
The Resort Village of Candle Lake. |
| Rooming House |
A building containing more than one rooming
unit. |
| Rooming Unit |
A room or rooms for accommodation, other
than a dwelling unit or other form of accommodation
defined elsewhere in this bylaw, with sleeping facilities,
but without private toilet facilities. |
| Secondary Suite |
A self-contained dwelling unit that is
an accessory use to, and located within, a detached
building in which the principal use is a one unit dwelling
and that does not occupy more than 25 percent of the
gross floor area of the dwelling, including the basement. |
| Service Station |
A site or part of a site used for the
retail sale of lubricating oils and gasoline, automobile
accessories, and the servicing, rental, and repairing
of motor vehicles, and which may include a restaurant,
car wash, or car sales lot as accessory uses. |
| Sign |
Any figures, numbers, emblems, pictures,
devices, marks or designs, intended to be visible from
other than inside a building, for the purpose of making
known any individual, association, business, industry,
or service, or for advertisement, directing, or obtaining
attention. |
| Sign, Temporary |
A sign that is not permanently attached
to a building or secured to the ground by means of concrete,
nor is it permanently connected to any services. |
| Sign, Portable |
A freestanding sign mounted on a portable
frame with a single sign face area of not less than
1.9 m2 or greater than 6.0 m2 that can be readily moved
or transported. |
| Site |
An area of land consisting of one or more
lots, or parts of lots:
i) under one ownership considered as a unit; and
ii) having its principal frontage on a public street. |
| Site Coverage |
The percentage of the site covered by
buildings above grade level exclusive of marquees, canopies,
balconies, and eaves. |
| Site Line, Front |
The line separating a site from a street
and, for a corner site, the shorter of the two lines
separating a site from the streets. Where the rear site
line would border on the lake the lakeshore side of
the property may be considered the front lot line. |
| Site Line, Rear |
The line at the rear of a site opposite
the front site line. |
| Site Line, Side |
A site line other than a front or rear
site line. |
| Street |
The whole and entire width of every highway,
public road, or road allowance vested in Her Majesty
in right of the Province of Saskatchewan and shown as
such on a plan of survey registered in a Land Titles
Office. |
| Structural Alteration |
The construction or reconstruction of
the supporting elements of a building. |
| Tavern |
An establishment, or portion thereof,
where the primary business is the sale of beverage alcohol
for consumption on the premises, with or without food,
and where no live entertainment or dance floor is permitted.
A brew pub may be considered a tavern if beverage alcohol
is manufactured and consumed on site under a valid manufacturer’s
permit in accordance with the Alcohol Control Regulations
of the Provincial Alcohol and Gaming Regulation Act. |
| Townhouse or Row House |
A building divided into three or more
dwelling units located side by side under one roof and
sharing common walls. |
| Use, Accessory |
A use normally incidental, subordinate,
exclusively devoted to, and located on the same site
as the principal use. |
| Use, Principal |
The main or primary use conducted on a
site. |
| Water Body |
A lake, pond, reservoir, lagoon, swamp,
marsh, wetland, or any other area containing standing
surface water, either permanently or intermittently. |
| Water Course |
Any natural or artificial stream, river,
creek, ditch, channel, canal, conduit, culvert, drain,
waterway, gully, ravine, or wash in which water flows
in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed,
and banks, and includes any area adjacent thereto subject
to inundation by reason of overflow or design flood. |
| Yard |
Open, uncovered space unoccupied by buildings
or structures on a site except as specifically permitted
elsewhere in this bylaw. |
| Yard Clearances |
The open space between a site line and
the portion of a site that may be built upon, unoccupied
by buildings or structures except as specifically permitted
elsewhere in this bylaw. |
| Yard, Front |
That part of a site extending across the
full width of the site between the front lot line and
the nearest wall or supporting member of a principal
building or structure. |
| Yard, Rear |
That part of a site extending across the
full width of the site between the rear site line and
the nearest wall or supporting member of a principal
building or structure. |
| Yard, Side |
That part of a site extending from the
front yard to the rear yard between the side site line
and the nearest wall or supporting member of a building
or structure but not including a wall or supporting
member that supports an uncovered patio or uncovered
sun deck. |