The Resort Village of Candle Lake

The following shall apply to all Zoning Districts in this Bylaw.

5.1

LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION

1.

Nothing in this Bylaw shall exempt any person from complying with the requirements of a building bylaw or any other bylaw or regulation in force within the Resort Village or from obtaining license, permission, permit, authority, or approval required by this or any other bylaw of the Resort Village. Where requirements in this Bylaw conflict with those of any other municipal requirements, the more stringent requirements shall prevail.

2.

Nothing in this Bylaw shall exempt any person from complying with the requirements of any Act, regulation, or regulatory process of Government of Saskatchewan or the Government of Canada.

5.2

HAZARD LANDS

1.

Development of hazard lands may only be undertaken where mitigating measures, approved by Council and applicable provincial departments, agencies, or crown corporations, have been undertaken. Mitigating measures must ensure the safety and security of the site, adjoining lands, ice push ridges, water bodies, and water courses.

2.

Mitigating measures involving fill, grading, or leveling must conform to the standards outlined in section 5.3.

3.

All buildings and structures located in the flood hazard area must be located above the design flood elevation plus freeboard or adequately flood-proofed. The Development Officer may require an applicant to provide a report from the Saskatchewan Water Corporation stating the design flood for the proposed development location.

5.3

EXCAVATION, STRIPPING, FILLING AND GRADING OF LAND

1.

Any site proposed for development shall be graded and leveled at the owner’s expense, to the satisfaction of the Development Officer, to provide for adequate surface drainage that does not alter drainage on adjacent properties.

2.

All sites shall be graded so that surface water runoff is directed to a ditch, water body, street, or natural water course.

3.

The Development Officer may require an applicant to undertake mitigating measures to ensure that water bodies and water courses are not impacted by sedimentation or contaminated by runoff.

4.

Grading, leveling, or placement of fill on or near the bank of a water body or water course shall not disturb or destroy mature vegetation without substantial and timely remediation. A permit from SERM is to be obtained, prior to application for a development permit, for any work done along the bank of a water body or water course.

5.

Except for the construction of marinas approved by the Resort Village and SERM, no grading, leveling or excavation shall break or weaken the ice push ridges along the bank of Candle, Torch, or Bay Lakes.

6.

Fill must be placed so that natural water courses are not blocked or diverted.

7.

Fill must be sufficiently compacted to ensure that the finished grade level does not settle below the required building elevation or erode and run off into water courses and water bodies.

8.

A development permit is required for the excavation, stripping, and grading of land except as indicated in section 3.7 1. (g).

9.

Excavation shall include, but is not limited to, sand and gravel extraction, topsoil stripping, the grading of land for drainage purposes, the grading of land and the clearing of vegetation from land where no other valid development permit or valid certificate of approval for subdivision has been obtained.

10.

A person wishing to excavate, strip, or grade land shall provide the following information in their application for a development permit:

(a)

the location and area of the site on which the excavation, stripping, or grading is to take place;

(b)

the existing land use and vegetation cover, including tree surveys;

(c)

the amount of vegetation, soil or other material to be removed or relocated and the intended destination of the material removed from the site; and

(d)

the condition in which the land is to be left, including a revegetation plan, and the proposed final grades when the excavation is complete.

11.

Consistent with sub-section 3.4 of the Zoning Bylaw, the Development Officer may issue a development permit, prior to a final concept plan, subdivision, or development permit being approved for the area, when satisfied that the excavation is necessary for the interim use, development or maintenance of the subject land, and considering the conservation of important natural areas and vegetation, the maintenance of effective drainage patterns, and the health and safety of persons in the area.

12.

For the purposes of this section, excavation shall not include:

(a)

the excavation for construction or building purposes associated with a valid development permit or a valid certificate of approval for sub-division; or

(b)

excavation or removal of vegetation for maintenance or landscaping purposes on a site where a development permit has previously been issued.

5.4

NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE

1.

Not more than one principal building shall be placed on any one site, with the exception of recreational, educational, and healthcare facilities, mobile homes in mobile home courts, aircraft hangars in a designated hangar area, and multiple unit dwellings. The Development Officer shall advise the applicant in writing that adherence to the Bylaw and the Act (where applicable), will be necessary if any future application for subdivision of the site is made.

5.5

NON-CONFORMING BUILDINGS AND USES

1.

Any lawful use of land, a lawfully constructed existing building, or any building lawfully under construction at the date of approval of this Bylaw, although such use or building does not conform to the regulations of this Bylaw, shall be carried on in accordance with the provisions of sections 113 to 118 inclusive of the Act.

2.

No enlargement, additions, or reconstruction of any non-conforming use, building, or structure shall be undertaken, except in conformance with sections 113 to 118 of the Act.

3.

Beyond the provision of accessible municipal records, the burden of establishing that a use, building, or structure was lawfully established and remains as a legal non-conforming use, building, or structure shall be upon the owner of the use, building, or structure.

4.

If a non-conforming building is damaged to an extent greater than 50% of the value of the building above its foundation, the building is not to be repaired or rebuilt except in accordance with this Zoning Bylaw.

5.

The use of land or the use of a building is not affected by a change of ownership, tenancy or occupancy of the land or building.

6.

No lawfully existing use or building shall be deemed to be non-conforming as a result of the construction or widening of a registered road right-of-way.

5.6

ACCESSORY BUILDINGS OR STRUCTURES

1.

In all Zoning Districts:

(a)

No accessory building may be constructed, erected, or moved on to any site prior to the time of construction of the principal building to which it is accessory.

(b)

Notwithstanding clause 5.6 1 (a), one accessory building may be constructed, erected, or moved on to any residential site prior to the time of construction of the principal building subject to:
i. a valid development permit being in force for the principal building;
ii. the principal building being substantially completed and ready for occupancy within 24 months of the issuance of a development permit for the accessory building.

(c)

Pursuant to clause 5.6 1 (b), if the principal building is not substantially complete within 24 months, the Development Officer may require the demolition or removal of the accessory building or may require a new development permit for the accessory building.

(d)

An accessory building or structure on a site, in a non-residential district, that abuts a site in a residential district shall be located more than 3 m (9.8 ft) from the boundary of the site in the residential district.

(e)

An accessory building shall not exceed 7.0 m (23 ft) in height from grade level to any part of its roof.

(f)

An accessory building shall maintain a clearance of 1.0 m (3.3 ft) from any other buildings on the site

(g)

Satellite dishes with a diameter of less than 0.7 (2.3 ft) m are fully permitted

(h)

A satellite dish with a diameter of 0.7 m (2.3 ft) or more, solar collector, or wind charger and their supporting devices shall be permitted subject to:
i) in residential and commercial districts such structures shall not be:
• located in the front yard, side yard, or, in the case of a corner site, within 3 m (9.8 ft) of the side site line;
• if free-standing, shall not exceed a height of 5 m (16.4 ft) above grade level;
• if attached to a principal building, shall not exceed a height of 5 m (16.4 ft) above the lowest portion of the roof; and
• if attached to an accessory building, shall not exceed the maximum permitted height of the accessory building to which it is attached.

2.

In Residential Zoning Districts the following regulations shall apply to all accessory buildings:

(a)

In rear yards, accessory buildings shall be located not less than 0.6 m (2 ft) from a lane or rear site line.

(b)

In front yards, accessory buildings shall not be located in front of an established front building line, except where:
i) the rear site line faces a water body or water course, accessory building may be located in a required front yard provided they are setback at least 3 m (9.8 ft) from the front site line and 1.5 m (4.9 ft) from the side site line.

(c)

In side yards, accessory buildings shall not be located within 1.5 m (4.9 ft) of a side site line or, where an accessory building is located behind the rear building line of the principal dwelling, an accessory building may be located within 0.6 m (2 ft) of a side site line, except where a site abuts a street, whereby an accessory building shall not be located within 3 m (9.8 ft) of a side site line.

(d)

A detached carport or garage up to 75m2 (807 sq. ft) in area shall be permitted.

(e)

Accessory buildings not be more than one story in height above grade unless the total floor area of the second story is less than 40 m2 (430 sq. ft);

(f)

Accessory buildings may contain secondary living quarters with a maximum floor area of 40 m2 (430 sq. ft) for the exclusive use of non-paying guests of the occupant of the principal dwelling located on the same site, when the principal dwelling is occupied.

5.7

TEMPORARY STRUCTURES

1.

At the discretion of Council, temporary structures shall be permitted on a site during the construction of a permanent dwelling. The process for approval for temporary structures is:

(a)

A applicant must submit a written request to Council describing the proposed temporary structure, its location on the site, and its use;

(b)

Council must review the application and approve, reject, or approve with conditions, the temporary structure; and

(c)

Subject to Council’s approval, the Development Officer shall issue a temporary structure permit, including any conditions Council has applied to the approval, will be issued to the applicant.

2.

All temporary buildings must be removed prior to October 1 of the year following the application approval date stated on the temporary structure permit or upon completion or occupation of the permanent building, whichever is sooner.

3

Septic facilities must be provided for the temporary structure if it is to be occupied during the construction of the permanent building and all liquid waste must be disposed of into the septic facilities.

5.8

RECREATION VEHICLES ON RESIDENTIAL SITES

1.

A maximum of one recreation vehicle may be stored on a lot with an existing, permanent dwelling.

2.

The recreation vehicle may be occupied subject to:

(a)

It being for the exclusive use of non-paying guests of the occupant of the principal dwelling located on the same site,

(b)

It only being occupied when the principal dwelling is occupied.

(c)

The period of occupation not exceeding 30 days;

(d)

once the 30 day period has expired, a recreational vehicle cannot occupied again on the Site for a period of 7 days; and

(e)

if the recreation vehicle has a sink, shower, or water closet, it must have a self contained septic holding tank or be connected to the septic system on the residential site.

5.9

FENCES AND FREE STANDING WALLS

1.

No wall, fence or other structure not otherwise permitted shall be erected in a required front yard or on a site line adjacent to a required front yard, to a height of more than 1.0 m (3.3 ft) above grade as measured from ground level immediately adjacent to the fence.

2.

No wall, fence, screen, or other structure, excepting permitted accessory buildings, shall be erected in a required rear or side yard, or on a site line adjacent to a required rear or side yard, to a height of more than 2.0 m (6.6 ft) above grade as measured from ground level immediately adjacent to the fence.

3.

Subsections 1 and 2 do not apply in IL or CS districts or for fences constructed for public services or utilities.

4.

In any residential district, a 2.5 (8.2 ft) m high wall or fence may be permitted along side or rear property line that abuts a highway or a buffer strip adjacent to a highway.

5.

Notwithstanding subsection 4, on a corner lot in any district, no hedge, planting, tree, fence or other structure not being a building shall be erected, placed, or maintained to a height greater than 1.0 m (3.3 ft) within the triangular area formed by the intersecting property lines and the straight line joining said property lines at points that are 6.0 m (20 ft) distant from the point of intersection, measured along said property lines.

5.10

SWIMMING POOLS AND PONDS

1.

Outdoor pools and ponds shall be permitted as an accessory use.

2.

Pools and ponds shall have the same yard clearances as accessory buildings.

3.

Areas surrounding pools and ponds shall be enclosed with a fence 1.9 m in height and not closer than 1.2 m (3.9 ft) from the water edge. Fencing comply with all applicable acts, regulations, and codes.

4.

Pools shall comply with the requirements and guidelines or regulations passed under the authority of the Public Health Act and amendments thereto or revisions thereof.

5.11

SIGNAGE

1.

All signage shall:

(a)

be located in a manner such that, in the opinion of the Development Officer, the sign does not restrict vehicle or pedestrian movement;

(b)

obstruct visibility or otherwise jeopardize the safety of the public; and

(c)

be maintained in a neat, tidy, and safe condition.

2.

Types of signage allowed

(a)

The following types of signage are permitted in all districts:
i) free standing, sandwich board type signs with a facial area of 1.2 m2 (12.9 sq. ft) or less, that can easily be moved by one person; and
ii) temporary signs, subject to section 5.11.6.

(b)

The following types of signage are prohibited in all districts:
i) spot lights intended to illuminate the night sky; and

3.

In Residential Districts

(a)

Where a site is used for one and two unit dwellings:
i) one permanent sign is permitted per site;
ii) in the case of a home-based business or home occupation, one additional permanent sign for the home-based business or home occupation is permitted;
iii) no sign shall have a facial area greater than 0.5m2 (5.4 sq. ft); and
iv) no sign shall be illuminated between the hours of 11pm and 7 am.

(b)

Where a site is not used for one and two unit dwellings but is developed:
i) one permanent sign is permitted per site;
ii) no sign shall have a facial area greater than 4.5m2 (48.4 sq. ft);
iii) no free standing sign shall be taller than 3 m (9.8 ft) above grade; and
iv) no sign shall be illuminated between the hours of 11pm and 7am.

4.

In Commercial and Industrial Districts:

(a)

signs advertising the principal use or the principal products offered for sale on the premises are permitted;

(b)

no more than one permanent sign is permitted per principal use;

(c)

notwithstanding Sub-section 4 (b), where a principal use is located on a corner, one additional permanent sign per principal use shall be permitted;

(d)

if multiple businesses occupy a single site, each occupant is considered to be a separate principal use, however the occupants are encouraged to coordinate their signage;

(e)

the facial area of a sign may not exceed 9 m2 (97 ft);

(f)

a sign may be double faced;

(g)

no free standing sign shall exceed 6 m (19.7 ft) in total height above the ground;

(h)

any signage affixed to the top of a building is included in the building height maximum; and

(i)

no illuminated signage shall be permitted unless the illuminated portion of the sign is screened or directed away from residential areas.

5.

In the Conservation District:

(a)

Signs are only permitted at Council’s discretion;

(b)

the facial area of sign may not exceed 9 m2 (97 sq. ft);

(c)

a sign may be double faced;

(d)

no free standing sign shall exceed 6 m (19.7 ft) in total height above the ground; and

(e)

no sign shall be illuminated.

6.

Temporary and Portable Signs

(a)

temporary signs advertising the sale or lease of the property or other information relating a temporary condition affecting the property are permitted provided:
i) the facial area does not exceed 1m2 (10.8 sq. ft);
ii) they do not exceed the height of the principal building on the site;
iii) no more than two such signs are located on a site; and
iv) the signs are removed once the purpose for the sign is no longer valid or after one year, whichever is sooner, and no other temporary sign for the same purpose may be located in the same site for at least three months without the written approval of Council.

(b)

portable signs are permitted provided:
i) they are not located on any site containing a mobile home, or a one or two unit dwelling;
ii) they do not remain on a site for more than 90 days; and
iii) they are not located on a site where a portable sign has been located in the previous 30 days.

7.

Resort Village of Candle Lake signage

(a)

notwithstanding sub-sections 3, 4, and 5, signs for the Resort Village of Candle Lake, or for the promotion of activities sponsored or carried out by the Resort Village of Candle Lake, are permitted in all districts provided:
i) they are located with a sensitivity to surrounding land uses;
ii) the facial area does not exceed 9m2 (97 sq. ft), or 4.5 m2 (14.8 sq. ft) in residential districts; and
iii) no freestanding sign shall exceed 6 m (19.7 ft) in total height above grade.

8.

Non-Compliance with Signage Regulations

(a)

Subject to the provisions of the Saskatchewan Highways and Transportation Act and the Bylaws of the Resort Village, any individual or corporation who maintains or establishes a Sign that is not in the Highway signing corridor and does not comply with the Zoning Bylaw, show be fined $100.00 per day for each day the Sign is deemed illegal.

(b)

Subject to 5.11.8 (a), any individual or corporation shall be liable to a fine of up to $2000.00 for any one offence.

(c)

The owner or installer of any sign found in non-compliance shall be liable for all costs of having the sign removed.

5.12

SIDE YARD EXCEPTION

1.

For semi-detached dwellings, townhouses, rowhouses, or multiple unit dwellings, no side yard shall be required where dwelling units share a common party wall.

5.13

PERMITTED YARD ENCROACHMENT

1.

The following are not considered encroachments and shall be considered part of the principal or accessory building and all applicable regulations will apply to it as it would to the principal or accessory building:

(a)

Any deck or floor area attached to a principal or accessory building that has a permanent roof structure and/or solid, glass, or screen walls; and

(b)

Any private garage attached to a principal building.

2.

The following yard encroachments shall be permitted in any required yard:

(a)

steps 1.6 m (5.2 ft) or less above grade level, as measured at the highest point of the steps, that are necessary for access to a permitted building or for access to a site from a street or lane;

(b)

window sills, eaves, gutters, belt courses, pilasters or other similar vertical columns, cornices bay windows, chimneys, and similar non-structural alterations may project a distance of 0.6 m (2 ft) from the building into any required yard but not closer to a site line than 1.5 m (4.9 ft);

(c)

trees, shrubs, walkways, trellises, or flag poles, so long as these features do not extend into or over public land; and

(d)

lighting fixtures and lamp posts.

3.

Encroachments and obstructions permitted in any required front yard:

(a)

raised patios and decks not more than 0.4 m (1.3 ft) above grade, as measured at the outside edge of the patio or deck;

(b)

raised patios and decks more than 0.4 m (1.3 ft) above grade, as measured at the outside edge of the patio or deck, projecting not more than 1.8 m (5.9 ft) from the building;

(c)

canopies, balconies, porches, verandahs, and decks projecting not more than 1.8 m (5.9 ft) from the building line into any required front yard.

4.

Encroachments and obstructions permitted in any required rear yard:

(a)

raised patios and decks not more than 0.6 m (2 ft) above grade, as measured at the outside edge of the patio or deck, provided that they are located at least 4.6 m (15 ft) from the rear site line;

(b)

raised patios and decks more than 0.6 m (2 ft) above grade, as measured at the outside edge of the patio or deck, projecting not more than 4.6 m (15 ft) from the rear site line;

(c)

accessory buildings, subject to all other requirements of this Bylaw;

(d)

enclosed private swimming pools when attached to the principal building, provided that they are located at least 6.0 m (19.7 ft) from the rear site line; and

(e)

laundry drying equipment, recreational equipment, private swimming pools, and tennis courts when open to the sky.

5.14

BUILDING HEIGHT EXEMPTIONS

1.

The height limitations of this Bylaw shall not apply to the following:

(a)

chimneys;

(b)

church spires, belfries, and cupolas;

(c)

monuments; or

(d)

mechanical penthouses and necessary mechanical appurtenances, provided they are erected only to such heights as are necessary, and provided they do not cover more than 10% of the gross roof area upon which they are located.

5.15

OFF STREET PARKING

1.

In all zoning districts, off-street parking is to provided in accordance with the following table. In any case where difference occupancies are on the same site, the more stringent parking requirement is to be met.

Use	Parking Spaces
Dwellings, including mobile homes	1 per dwelling unit
Home-based business and home occupations	1 per non-resident employee
Day care centres and adult day care centre	1 plus one per 5 persons enrolled in the facility
Bed and breakfasts	1 plus 1 per 2 guest beds
Schools, educational institutions	1 per classroom
Cultural institutions	1 per 35 seats, based on the maximum seating capacity or 1 per 9 m2 of gross floor area, whichever is greater
Restaurants, lounges, night clubs, taverns, theatres, assembly halls, places of worship	1 per 4 seats, based on the maximum seating capacity
Hotels	1 for every guest sleeping room
Motels	1 parking space for each unit
Commercial Retail establishments, Lumber Yards, and Industrial Uses	1 for every 50 m2 (538 sq. ft) of gross floor area or 1 per employee, whichever is greater
Other uses	1 for every 70 m2 (753 sq. ft) of gross floor area of the principal building or one per

5.16

HOME-BASED BUSINESS AND HOME OCCUPATIONS

1.

Home-based business and home occupations shall be conducted entirely within the dwelling or accessory building.

2.

Other than the one permitted business sign, there shall be no exterior display, no exterior storage of material, and no other variation from the residential appearance of the building.

3.

Of the total area of a residence used for all home-based businesses or home occupations, only 20 percent of the residence’s area, including basements and accessory buildings may be used for the purposes of those businesses or occupations.

4.

No storage of home-based business or home occupation related products, except for product examples and samples required for portable display and demonstration, shall be permitted.

5.

Home-based business or home occupation must be owned and operated by a resident or residents of the dwelling unit with no more than one non-resident person employed on the site.

6.

If a home -based business or home occupation employs a non-resident employee, that employee must be provided with an off-street parking space.

7.

No noise, vibration, smoke, dust, odours, heat, glare, television, or radio electrical interference detectable beyond the boundaries of the building containing the home-based business shall be produced.

8.

No more than one business related vehicle with a gross vehicle weight of no more than 5,000 kg (4.9 ton) and a total length of no more than 6.0 m (19.7 ft) may be stored on or in the vicinity of the site.

9.

Regardless of the number of home-based businesses or home occupations that may be located on any one site, a total of no more than five client or business related visits per day shall be made to any one site.

10.

No more than one delivery of merchandise, goods, or equipment shall be made to the businesses in a 30 day period by a vehicle with a gross vehicle weight of more than 5,000 kg (4.9 ton), or by a vehicle with a total length of more than 6.0 m (19.7 ft).

11.

An approved home-based business may serve as the administrative headquarters for up to two non-resident associates or partners provided that they are present at the administrative headquarters no more than three hours in any one week period.

12.

A home-based business may produce works of art or craft where the work is produced mainly by hand or with the assistance of hand tools and small power tools.

13.

Without limiting the authority of the Council to deny applications for other types of home-based business or home occupation that do not meet the requirement of the Bylaw, the following uses are prohibited as home-based business or home occupation, whether or not applications for such uses would otherwise comply with the applicable development standards of this Bylaw:

(a)

retail sales;

(b)

restaurants or tea rooms;

(c)

suntan centres, health or fitness clubs, and tattoo parlors

(d)

veterinary services, boarding, or care of animals;

(e)

motion picture or recording studios;

(f)

mechanical printing, screen printing, engraving or embroidery services,

(g)

equipment repair and rental;

(h)

hotels and hospitals;

(i)

headquarters, dispatching, or base of operations of a trucking, hauling, or delivery service operation;

(j)

the painting, repairing, refitting, cleaning, refurbishing, or selling of motor vehicles or machinery;

(k)

upholstery services;

(l)

sign manufacturing, and sign painting;

(m)

welding and machining;

(n)

other manufacturing using large power tools and machinery;

(o)

businesses involved in the mass production of similar items or products;

(p)

construction yards; or

(q)

greenhouses.

5.17

OUTDOOR STORAGE

1.

In any residential or commercial district only outdoor storage incidental to the principal use shall be permitted.

2.

No outdoor storage shall be permitted in the required front yard of any site, but this shall not limit the customary display of any goods permitted to be sold on the site.

3.

In any Residential District:

(a)

Outdoor storage of partially dismantled or inoperative motor vehicles is not permitted; and

(b)

Only one unlicensed motor vehicle may be stored on a site.

5.18

PROHIBITED LAND USES IN ALL ZONING DISTRICTS

1.

Without further limiting the authority of Council to prohibit other land uses, the following land uses are prohibited in all Zoning Districts:

(a)

Any livestock operation with more than 5 animals, except for riding stables and petting zoos;

(b)

Custodial Care Facilities;

c)

(Adult theatres; and

(d)

Gaming Casinos.

5.19

GENERAL DEVELOPMENT STANDARDS APPLICABLE TO DISCRETIONARY USES

1.

Sites shall maintain the character and amenity of the surrounding area.

2.

Adequate on-site parking shall be provided and maintained.

3.

Parking, storage, and other non-landscaped areas or disturbed areas shall be suitably screened from adjacent properties and streets.

4.

Adequate receptacles for refuse and litter shall be supplied.

5.

No sound, light, glare, heat, dust, or other emission shall be transmitted beyond the site lines.

6.

Vehicle access and egress points shall be provided in suitable locations to minimize traffic congestion and possible hazards.

7.

Multiple unit dwellings and places of worship shall, where possible, be located on corner sites to facilitate access.