This is the exact embedded text of the captured official document.
Snapshot ab92a13880ff · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Zoning Bylaw for the RM of Leask No. 464
1 | P a g e
Rural
Municipality Of
Leask No. 464
Zoning Bylaw
2020
Zoning Bylaw for the RM of Leask No. 464
2 | P a g e
The Rural Municipality Of Leask No. 464
Bylaw No. ___: 2020
A Bylaw of the Rural Municipality of Leask No. 464 to adopt a Zoning Bylaw.
The Council of the Rural Municipality of Leask, in the Province of Saskatchewan, in open meeting assembled
enacts as follows:
1. Pursuant to Section 46(1) of The Planning and Development Act, 2007 the Council of the Rural
Municipality of Leask hereby adopts the Rural Municipality of Leask Zoning Bylaw, identified as
Schedule "A" to this bylaw.
2. The Reeve and Rural Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this bylaw.
3. Bylaw No. 6-92, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
4. This bylaw shall come into force on the date of final approval by the Minister of Government Relations.
Read a First Time the ____________________day of ___________,_______.
Read a Second Time the _________________ day of ___________,______.
Third Reading and Adoption of this bylaw the ___________________day of ___________,______.
REEVE
ADMINISTRATOR
SEAL
2
18
May
2020
12
August 2020
12
August 2020
Zoning Bylaw for the RM of Leask No. 464
3 | P a g e
Zoning Bylaw
Schedule "A" to Bylaw No. _________
Rural Municipality of Leask No. 464
2-2020
Zoning Bylaw for the RM of Leask No. 464
4 | P a g e
Table of Contents
1 INTRODUCTION ............................................................................................................................... 7
1.1
Title ......................................................................................................................................... 7
1.2
Scope ...................................................................................................................................... 7
1.3
Severability ............................................................................................................................. 7
2 ADMINISTRATION ............................................................................................................................ 8
2.1
Development Officer .............................................................................................................. 8
2.2
Application for a Development Permit .................................................................................. 8
2.3
Referral of Development Permit Application ......................................................................... 9
2.4
Development Not Requiring a Permit .................................................................................... 9
2.5
Issuing Permits ..................................................................................................................... 10
2.6
Building Permits, Licenses, and Compliance with Other Bylaws .......................................... 12
2.7
Development Permit - Invalid .............................................................................................. 12
2.8
Cancellation .......................................................................................................................... 13
2.9
Permit Re-Issuance ............................................................................................................... 13
2.10
Appeals ................................................................................................................................. 13
2.11
Amending the Zoning Bylaw ................................................................................................ 14
2.12
Servicing Agreements and Development Levy Agreements ................................................ 14
2.13
Fees and Advertising ............................................................................................................ 14
2.14
Offences and Penalties ......................................................................................................... 15
2.15
Performance Bonds .............................................................................................................. 15
2.16
Liability Insurance ................................................................................................................. 15
2.17
Registered Interests ............................................................................................................. 15
3 GENERAL REGULATIONS ................................................................................................................ 16
3.1
Frontage On Road ................................................................................................................ 16
3.2
Buildings To Be Moved ......................................................................................................... 16
3.3
Mobile Homes, Modular Homes .......................................................................................... 16
3.4
Public Utilities, Pipelines, and Municipal Facilities .............................................................. 16
3.5
Water Supply ........................................................................................................................ 16
3.6
Waste Disposal Facilities ...................................................................................................... 17
3.7
Storage of Chemicals, Fertilizers, and Combustible Materials ............................................. 17
3.8
Flood Hazard Lands .............................................................................................................. 18
3.9
Groundwater Protection ...................................................................................................... 18
3.10
Slope Instability .................................................................................................................... 19
3.11
Number of Principal Buildings and Uses on a Site ............................................................... 19
3.12
Non-conforming Uses, Sites and Buildings .......................................................................... 20
3.13
Signs and Billboards ............................................................................................................. 20
3.14
Home Occupation ................................................................................................................. 21
3.15
Dwelling Group ..................................................................................................................... 22
3.16
Kennel ................................................................................................................................... 22
3.17
Bed and Breakfast and Vacation Farm Operations .............................................................. 23
3.18
Campgrounds and Long Term Campgrounds ....................................................................... 23
3.19
Mineral Resource Development .......................................................................................... 26
3.20
Sand and Gravel Operations ................................................................................................ 27
3.21
Intensive Livestock Operation (ILO) ..................................................................................... 28
3.22
Parking Requirements .......................................................................................................... 31
3.23
Storage of Vehicles ............................................................................................................... 31
Zoning Bylaw for the RM of Leask No. 464
5 | P a g e
3.24
Grading and Levelling of Sites .............................................................................................. 32
3.25
Access and Roads ................................................................................................................. 32
3.26
Recreation Vehicles .............................................................................................................. 33
3.27
Communication Towers ....................................................................................................... 33
3.28
Buffers .................................................................................................................................. 33
3.29
Pipelines and Transmission Lines ......................................................................................... 33
3.30
Temporary Development Permits ........................................................................................ 34
3.31
Moving of Buildings .............................................................................................................. 35
3.32
Demolition of Dwellings ....................................................................................................... 35
3.33
Swimming Pool Regulations ................................................................................................. 35
3.34
Critical Wildlife Habitat Management .................................................................................. 35
3.35
Heritage Lands ...................................................................................................................... 35
3.36
Garden Suites ....................................................................................................................... 36
3.37
Gas and Service Stations ...................................................................................................... 36
3.38
Small Wind Energy Systems ................................................................................................. 37
3.39
Restoration to a Safe Condition ........................................................................................... 38
3.40
Prohibited and Noxious Uses ............................................................................................... 38
3.41
Site Size Adjustments ........................................................................................................... 38
3.42
General Development Standards and Criteria for Discretionary Uses ................................. 39
3.43
Membrane Covered Structures ............................................................................................ 40
3.44
Sea and Rail Containers ........................................................................................................ 40
3.45
Cannabis ............................................................................................................................... 41
3.46
Fence and Hedges ................................................................................................................ 41
4
ZONING DISTRICTS ................................................................................................................... 42
4.1
Districts ................................................................................................................................. 42
4.2
Boundaries ........................................................................................................................... 42
4.3
Regulations ........................................................................................................................... 42
5
AGRICULTURAL RESOURCE DISTRICT (AR) .......................................................................... 43
5.1
Permitted Uses ..................................................................................................................... 43
5.2
Discretionary Uses ................................................................................................................ 43
5.3
Regulations ........................................................................................................................... 44
5.4
Criteria and Standards for Discretionary Uses ..................................................................... 46
6
COUNTRY RESIDENTIAL (CR) .................................................................................................. 49
6.1
Permitted Uses ..................................................................................................................... 49
6.2
Discretionary Uses: ............................................................................................................... 49
6.3
Regulations ........................................................................................................................... 49
6.4
Criteria and Standards for Discretionary Uses ..................................................................... 51
7
COUNTRY RESIDENTIAL LAKESHORE DISTRICT (CRLD) ..................................................... 52
7.1
Permitted Uses ..................................................................................................................... 52
7.2
Discretionary Uses ................................................................................................................ 52
7.3
Regulations ........................................................................................................................... 52
7.4
Criteria and Standards for Discretionary Uses ..................................................................... 53
8
LAKESHORE DISTRICT (LD) .................................................................................................... 54
8.1
Permitted Uses ..................................................................................................................... 54
8.2
Discretionary Uses ................................................................................................................ 54
8.3
Regulations ........................................................................................................................... 54
8.4
Criteria and Standards for Discretionary Uses ..................................................................... 55
9
LAKESHORE DISTRICT 1 (LD 1)............................................................................................... 56
9.1
Permitted Uses ..................................................................................................................... 56
9.2
Discretionary Uses ................................................................................................................ 56
Zoning Bylaw for the RM of Leask No. 464
6 | P a g e
9.3
Regulations ........................................................................................................................... 56
9.4
Criteria and Standards for Discretionary Uses ..................................................................... 57
10
LAKESHORE DISTRICT 2 (LD 2)............................................................................................... 58
10.1
Permitted Uses ..................................................................................................................... 58
10.2
Discretionary Uses ................................................................................................................ 58
10.3
Regulations ........................................................................................................................... 58
10.4
Criteria and Standards for Discretionary Uses ..................................................................... 59
11
RESORT COMMERCIAL DISTRICT (RC) ................................................................................... 60
11.1
Permitted Uses ..................................................................................................................... 60
11.2
Discretionary Uses ................................................................................................................ 60
11.3
Regulations ........................................................................................................................... 61
11.4
Criteria and Standards for Discretionary Uses ..................................................................... 62
12
LIGHT INDUSTRIAL AND HIGHWAY COMMERCIAL DISTRICT (M1) ................................... 63
12.1
Permitted Uses ..................................................................................................................... 63
12.2
Discretionary Uses ................................................................................................................ 63
12.3
Regulations ........................................................................................................................... 64
12.4
Criteria and Standards for Discretionary Uses ..................................................................... 65
13
PROVINCIAL FOREST DISTRICT (F) ........................................................................................ 66
13.1
Permitted Uses ..................................................................................................................... 66
13.2
Regulations ........................................................................................................................... 66
14
DUNCAN'S BEACH RESORT DISTRICT (DB) ............................................................................ 67
14.1
Permitted Uses ..................................................................................................................... 67
14.2
Discretionary Uses ................................................................................................................ 67
14.3
Regulations ........................................................................................................................... 67
15
CONSERVATION DISTRICT (CA) .............................................................................................. 69
15.1
Permitted Uses ..................................................................................................................... 69
15.2
Discretionary Uses ................................................................................................................ 69
15.3
Regulations ........................................................................................................................... 69
16
DEFINITIONS ............................................................................................................................. 70
Maps:
Zoning Districts Map
Subdivision Zoning Maps (8)
Zoning Bylaw for the RM of Leask No. 464
7 | P a g e
1 INTRODUCTION
1.1 Title
This bylaw shall be known as the "Zoning Bylaw" of the Rural Municipality of Leask No. 464.
1.2 Scope
All development within the limits of the Rural Municipality of Leask No. 464 (RM) shall be in conformity
with the provisions of the Zoning Bylaw to ensure the RM is able to achieve its development goals. The
Zoning Bylaw reflects municipal and provincial regulations and policies, including those in the RM's Official
Community Plan (OCP). Other bylaws, regulations and provincial legislation must also be observed. Where
the provisions in this Zoning Bylaw conflict with those of any other municipal, provincial or federal
requirement, the higher and/or more stringent standards shall prevail.
1.3 Severability
If any part of this bylaw, including anything shown on the Zoning District Map and accompanying
Subdivision Zoning Maps, is declared to be invalid for any reason by an authority of competent jurisdiction,
that decision shall not affect the validity of the bylaw as a whole, or any other part, section or provision of
this bylaw.
Zoning Bylaw for the RM of Leask No. 464
8 | P a g e
2 ADMINISTRATION
2.1 Development Officer
2.1.1
The Administrator of the RM of Leask No. 464 (RM) shall be the Development Officer
responsible for the administration of this bylaw unless another designate has been
appointed by Council by resolution.
2.1.2
The Development Officer shall be responsible for receiving all applications for
development. The Development Officer shall make the decision on permitted use
development permit applications based on the provisions of this Zoning Bylaw.
2.1.3
The Development Officer shall refer decisions for discretionary use development permit
applications, subdivision proposals, Zoning Bylaw amendments, OCP amendments and
servicing agreements to Council for decision.
2.1.4
The Development Officer may refer any planning inquiries, questions or permitted use
applications for the purpose of clarification to Council for comment.
2.2 Application for a Development Permit
2.2.1
Every person shall obtain a development permit before commencing any development
within the RM, except those developments that are listed as exempt.
2.2.2
The completed development permit application shall include, where applicable:
a) Description of the intended use or proposed development including any change in
building use or land use change;
b) Legal land description;
c) Signature of the applicant and the registered landowner(s);
d) Copy of the Certificate of Title;
e) Estimated commencement and completion dates;
f)
Floor plans and elevations of the proposed development (which will be kept at the RM
office for future reference);
g) Any other information needed by the Development Officer or Council to assess the
application; and
h) An attached site plan which shall include:
i)
All adjacent roads, highways, railways, service roads and access to the site (label
on site plan)
ii) Rights-of-ways and easements (gas, oil, power, drainage easements, etc.)
iii) All drainage courses
iv) Location of proposed development
Zoning Bylaw for the RM of Leask No. 464
9 | P a g e
v) Existing development on the site
vi) Landscaping details (existing trees, removal of trees, proposed plantings, berming,
water features, etc.)
vii) Setbacks to all property lines, roads and services
viii) Top of bank and water
ix) Existing and proposed services
x) Location of well or cistern or other water supply
xi) Method and location of sewage disposal
xii) Sign location and details like artwork, colors, size, lights, etc.
xiii) Parking and loading facilities
xiv) Sidewalks, patios, playgrounds
xv) North arrow
xvi) Any additional information deemed necessary by Council or the Development
Officer
2.3 Referral of Development Permit Application
2.3.1
The Development Officer may refer the application to any internal or external departments
or organizations for review or comment. The Development Officer may also refer any
application to municipalities or communities with a potential interest for review and/or
comment.
2.3.2
A copy of all approved development permit applications, involving the installation of water
and sanitary services disposal, shall be sent to the Saskatchewan Health Authority.
2.3.3
Appropriate federal and provincial approvals shall be acquired prior to any alteration of or
development adjacent to shorelands.
2.3.4
Development in proximity to a railway shall take into consideration the Guidelines for New
Development in Proximity to Railway Operations document and referral to the railway
company shall be required.
2.4 Development Not Requiring a Permit
The following developments shall be exempt from development permit requirements, but shall conform to
all bylaw requirements unless otherwise stated in this bylaw (e.g., setbacks, environmental and
development standards):
2.4.1
Agricultural Resource District:
a) Field crops
b) Pastures for the raising of livestock (excluding any intensive livestock operations
(ILO) and the keeping of animals, non-intensive dairy farming, orchards and vegetable,
Zoning Bylaw for the RM of Leask No. 464
10 | P a g e
horticultural or fruit gardens, beekeeping, grazing, and other similar uses customarily
to general agriculture).
c) Temporary confinement of cattle during winter months as part of an approved
farming operation.
2.4.2
All Zoning Districts
a) Installation and repair of public utilities excluding solid and liquid waste facilities
b) Erection of any wall, fence (less than or equal to 1.8 metres (5.91 feet) in height), gate,
antennae, telecommunication or radio antennae
c) Parking of private or agricultural vehicles on private lands
d) Landscaping on private lands
e) Sidewalks
f)
Keeping of animals limited to domestic pets
g) Accessory uses unless specified otherwise in this bylaw
h) Repairs and maintenance of an existing building including internal
alterations/renovations provided that such alterations/renovations do not result in a
change of use or an increase in the number of dwelling units within the buildings or on
the site
i)
Signs subject to Section 3.13
j)
Outside storage
k) Sea and rail containers (Agricultural Resource, Light Industrial and Highway
Commercial Districts only) or where proposed for temporary placement for a period
not to exceed (10) days in any six month period for the purpose of loading and
unloading of items associated with the principle use.
l)
Municipal facility, use or structure owned and operated by the RM.
2.5 Issuing Permits
Upon completion of the review of an application for development, the Development Officer shall determine
if the proposed development is either a permitted use or a discretionary use:
2.5.1
Permitted Use:
a) The Development Officer will review the application and issue a development permit
when the application conforms to the OCP and Zoning Bylaw, incorporating any
special regulations, performance standards or development standards authorized by
this bylaw.
b) The Development Officer will issue a notice of refusal when the application does not
comply with a provision or regulation of this bylaw and shall reference the specific
provision or regulation the application did not meet.
c) All applicants shall be provided a decision in writing, the effective date of the decision
and information on their right of appeal.
Zoning Bylaw for the RM of Leask No. 464
11 | P a g e
2.5.2
Discretionary Use:
a) The Development Officer will review the application and prepare a report for Council
on the proposal discussing and examining the criteria for consideration of that
discretionary use and submit the application, along with the report, to Council for a
decision.
b) At least 7 days before the application is to be considered by Council, the Development
Officer shall provide notice to the public for the discretionary use application. The
notice must be provided to:
i)
The assessed owners of property within 75 metres (246.06 feet) of the boundary
with the applicant's land; and
ii) Any other owners required to be notified by the OCP or Zoning Bylaw or who the
Development Officer identifies as possibly being affected by the development or
who may have an interest in the lands.
c) The Development Officer shall inform the applicant of the date and time when Council
will consider the matter.
d) Council or the Development Officer may require the applicant to provide further
information necessary to render a decision. Council may request comments or
information from other government agencies to assist Council's review of the
application.
e) Council shall make a decision on a discretionary use, by resolution which instructs the
Development Officer to either issue a development permit incorporating any specific
development standards set forth by Council, subject to the limitations of the Act and in
accordance with the provisions of this bylaw; or issue a notice of refusal to the
applicant, stating the reasons for the refusal. Council's notice of refusal cannot be
appealed to the Development Appeals Board.
f)
Council is deemed to have granted discretionary approval to a use, or specific intensity
of use, that becomes discretionary on a site as a result of the adoption or amendment
of this bylaw, as of the date that this bylaw or amendment comes into effect.
2.5.3
Minor Variance
a) Council is authorized to provide for minor variances as per the Act:
i)
A 10% variance for the minimum required distance of a building from the lot line.
ii) A 10% variance for the minimum required distance of a building to any other
building on the lot.
b) Applications for a minor variance may be made on the development permit
application form, giving specifics as to the request, and that application shall be
brought to the next regular council meeting of the RM. Council may:
i)
Approve the minor variance;
ii) Approve the minor variance and impose terms and conditions on the approval; or
iii) Refuse the minor variance.
Zoning Bylaw for the RM of Leask No. 464
12 | P a g e
c) Written notice shall be provided to the applicant and adjacent properties as outlined
in Section 60 of the Act.
d) A record shall be maintained by the RM of all minor variance applications in
accordance with the Act.
2.5.4
A new development permit approval is required when:
a) The approved use ceases and is replaced by another use;
b) The approved use ceases for a 12 month period;
c) The development or use is not started within 12 months; or
d) The intensity or size of use increases.
2.5.5
To achieve conformity with the requirements of the OCP and the Zoning Bylaw, any
approval may incorporate the following development standards:
a) Mitigating measures identified to address potentially inappropriate environmental or
public safety conditions which may be created or compounded by development;
b) Conservation, mitigative and rehabilitation measures to maintain and enhance wildlife
habitats, heritage and archaeological areas and previously developed areas;
c) Mitigation measures and the incorporation of FireSmart principles to address risk of
damage caused by wildfires;
d) Sufficient amenities (recreational and services to address the needs of those utilizing
the development);
e) Accessibility and traffic patterns for persons and vehicles, the type and volume of that
traffic and the adequacy of proposed off-street parking and loading;
f)
Safeguards afforded to minimize noxious or offensive emissions including noise, glare,
dust and odour; and
g) Landscaping, buffering, screening, lighting and signs to enhance the site and create a
suitable interface between differing land uses.
2.6 Building Permits, Licenses, and Compliance with Other Bylaws
2.6.1
A building permit shall not be issued unless a development permit, where required, has
been issued.
2.6.2
Nothing in this bylaw shall exempt any person from complying with the requirements of
any building bylaw or any other bylaw in force within the RM or from obtaining permits or
permission required from the RM, the provincial or the federal government.
2.6.3
Where the provisions in this bylaw conflict with those of any other municipal, provincial,
or federal requirements, the higher or more stringent standards prevail.
2.7 Development Permit - Invalid
2.7.1
A development permit shall be automatically invalid and development shall cease, as the
case may be:
Zoning Bylaw for the RM of Leask No. 464
13 | P a g e
a) If the development has not commenced within 12 months after the date of the
approval of the permit.
b) If the proposed development is not commenced within the period for which the
permit is valid;
c) If the proposed development is legally suspended or discontinued for a period of six or
more months, unless otherwise indicated by Council or the Development Officer;
d) When development is undertaken in contravention of this bylaw, the development
permit and specified development standards; and/or
2.7.2
The RM will require a development to cease when a written appeal notice is received by
the Development Appeals Board secretary regarding the development permit until a
decision of the Development Appeals Board is provided.
2.8 Cancellation
2.8.1
Council or the Development Officer may cancel a development permit and, when cancelled,
development shall cease:
a) Where the Development Officer or Council is satisfied that a development permit was
issued based on false or mistaken information;
b) Where new information is identified pertaining to environmental protection, flood
potential, or slope instability; and/or
c) When a developer requests a development permit modification.
2.9 Permit Re-Issuance
2.9.1
A development permit may be re-issued, in its original or modified form, where a new
development permit application conforms to the provisions of this bylaw.
2.10 Appeals
2.10.1 The RM shall have a functioning Development Appeals Board (the Board).
2.10.2 The composition of the Board, the secretary, remuneration and expenses, powers, duties
and responsibilities shall be determined by Council in accordance with The Planning and
Development Act, 2007.
2.10.3 In making an appeal to the Board, and hearing such appeal, the provisions of The Planning
and Development Act, 2007 shall apply. Reference may also be made to The Development
Appeals Board Guide created by the Ministry of Government Relations.
2.10.4 The Board has the authority to hear an appeal as outlined in The Planning and Development
Act, 2007.
2.10.5 The Board does not have the authority to hear an appeal where:
a) A discretionary use application is refused;
b) Council refuses to amend the Zoning Bylaw or rezone land; and
c) A decision concerning a subdivision application.
Zoning Bylaw for the RM of Leask No. 464
14 | P a g e
2.10.6 Anyone starting an appeal must send written notice of appeal to the Secretary of the Board
within:
a) 30 days of a Development Officer's decision being issued;
b) 30 days of the failure of a Council to make a decision;
c) 30 days of receiving a permit with terms and conditions; or
d) 30 days, under The Planning and Development Act, 2007, of an order being served to
repair or correct contraventions.
2.10.7 The Board must hold a public hearing for the appeal within 30 days of receiving a notice of
appeal.
2.10.8 At least ten days before the hearing, the Board must notify affected parties about the
hearing. The notice must be served by personal service, ordinary mail or registered mail.
2.11 Amending the Zoning Bylaw
2.11.1 Any person who seeks to amend this Zoning Bylaw must submit an application for
amendment to the Development Officer who shall review and then refer the application to
Council for consideration.
2.11.2 The amendment application is subject to fees as set out in the RM's Fees Bylaw.
2.11.3 Prior to Council's decision, the Development Officer may refer the amendment application
to any internal or external departments or organizations for review or comment (ie.
provincial departments, interested stakeholders, etc).
2.11.4 The process for public notification and public participation during the bylaw adoption
process shall be as per the regulations of The Planning and Development Act, 2007.
2.11.5 Premature rezoning of land for development shall not be practiced.
2.11.6 Council will only consider amendments which accommodate proposals, when specific
development proposals, subdivision applications, servicing agreement and other
information, as the case may be, have been presented to and reviewed by Council.
2.12 Servicing Agreements and Development Levy Agreements
2.12.1 Council may require a subdivision applicant to enter into a Servicing Agreement or
development permit applicant to enter into a Development Levy Agreement to ensure
conformity with the OCP and Zoning Bylaw and to ensure adequate funding for on-site and
off-site infrastructure development as allowed for in The Planning and Development Act,
2007. The RM shall have a Development Levy Bylaw prior to entering into a Development
Levy Agreement.
2.12.2 Council will ensure there are adequate municipal infrastructure and other public facilities
prior to entering into the agreement with the applicant, which may include sewage
disposal, solid waste disposal, availability and adequacy of source of water, recreational
facilities, etc.
2.13 Fees and Advertising
2.13.1 The fees related to the Zoning Bylaw and OCP shall be set out in the RM's Fees Bylaw.
Zoning Bylaw for the RM of Leask No. 464
15 | P a g e
2.13.2 All advertising shall be as per the requirements of The Planning and Development Act, 2007.
2.14 Offences and Penalties
2.14.1 Pursuant to Section 242 of The Planning and Development Act, 2007 the Development
Officer may issue a written order to the owner, operator or occupant of the land, building
or premises for any contravention to this Zoning Bylaw or the OCP.
2.14.2 Any person who violates this Zoning Bylaw is guilty of an offence and is liable, on summary
conviction, to the penalties outlined in Section 243 of The Planning and Development Act,
2007.
2.15 Performance Bonds
2.15.1 Council may require a developer to post and maintain a performance bond, irrevocable
letter of credit or similar legal mechanism to ensure developer performance and to protect
the public interest.
2.16 Liability Insurance
2.16.1 Council may require developers to provide and maintain liability insurance to protect the
municipality, developer and public.
2.17 Registered Interests
2.17.1 Council may require that development, servicing agreements and other documents to be
registered against affected lands, to protect municipal and public interests.
Zoning Bylaw for the RM of Leask No. 464
16 | P a g e
3 GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this bylaw:
3.1 Frontage On Road
A development permit shall not be issued unless the site intended to be used, or upon which a building or
structure is to be erected, abuts or has frontage on a graded all-weather road or unless satisfactory
arrangements have been made with Council for the improvement or building of a road, where required.
3.2 Buildings To Be Moved
No building shall be moved within, or into, the RM without first obtaining a development permit from the
Development Officer; unless exempt under this bylaw.
3.3 Mobile Homes, Modular Homes
3.3.1
A mobile home or modular home is considered a residence for the purpose of this bylaw
unless otherwise stated.
3.3.2
Wherever a dwelling is allowed it may be in the form of a modular home unless
otherwise stated in this bylaw.
3.3.3
All residences, including mobile homes and modular homes, shall be attached to a
permanent foundation.
3.3.4
Every mobile home shall bear CSA Z240 certification, have all wheels removed and
skirted, and be attached to an approved septic tank system prior to occupancy.
3.3.5
Every modular home shall bear CSA A277 certification.
3.4 Public Utilities, Pipelines, and Municipal Facilities
3.4.1
Public utilities and municipal facilities, including dedicated lands and excluding solid and
liquid waste disposal sites, shall be permitted in all districts unless otherwise specified
by this bylaw and no site or yard requirements shall apply.
3.4.2
Where a pipeline, other utility or transportation facility crosses a municipal road Council
may apply special design standards as considered necessary to protect the municipal
interest in the road.
3.5 Water Supply
3.5.1
A proven potable water supply shall be available to service all development where water
is required.
3.5.2
Council may require an applicant to provide written proof, from a qualified professional
or a well driller, that a proven potable water supply of sufficient quality and quantity is
available to service the proposed development or subdivision.
Zoning Bylaw for the RM of Leask No. 464
17 | P a g e
3.5.3
If subsection 3.5.2 above is not complied with, or if the proposed development or
subdivision may jeopardize ground or surface water supplies, Council may refuse a
development or recommend refusal of a proposed subdivision.
3.6 Waste Disposal Facilities
3.6.1
No development or use of land which requires sewage disposal or landfill facilities shall
be permitted unless those facilities are approved by the appropriate provincial agencies.
3.6.2
Disposal of liquid, solid, or gaseous waste shall be governed by the appropriate acts and
regulations administered by the Province of Saskatchewan or related agencies.
3.6.3
A waste disposal facility shall be located outside the 1:500 flood hazard area.
3.6.4
Private landfills and lagoons may be allowed, provided they meet provincial
requirements and are located so they will not interfere with existing or future
residential, recreational, or tourism development.
3.6.5
Development of a new solid or liquid waste disposal facility or expansion of an existing
facility will be subject to the following, as specified by the RM, upon issuing a permit:
a) Development and site maintenance shall be in accordance with provincial
environmental and health regulations.
b) Any solid waste disposal facility shall be located 457 metres (1499.34 feet) from any
residence. Council, at its discretion, may apply a lesser separation and may consider
any agreement to a lesser separation distance by affected parties.
c) A buffer strip containing trees, shrubs or a berm shall be located surrounding a
disposal area.
d) Any solid or liquid waste disposal facility shall be fenced.
e) Adequate precautions shall be taken to prevent pollution of ground water by
disposal operations.
f)
Solid waste disposal facilities shall be located in proximity to a provincial highway
and adjacent to an all-weather road.
g) The development of any new disposal sites shall take into consideration direction of
prevailing winds.
h) Council shall place any additional conditions for approval deemed necessary based
upon a specific application.
3.7 Storage of Chemicals, Fertilizers, and Combustible Materials
The storage of chemicals, fertilizers and combustible materials are subject to the requirements of both
the federal and provincial governments. All necessary requirements and permits from other regulatory
agencies must be met and obtained prior to the storage of hazardous substances.
Zoning Bylaw for the RM of Leask No. 464
18 | P a g e
3.8 Flood Hazard Lands
3.8.1
For any development proposed on lands that are and/or may be considered hazardous,
the Development Officer or Council may refer the application to federal or provincial
departments and other relevant environmental agencies or professionals for comments
prior to reaching a decision.
3.8.2
On hazards lands and on lands where the development of a building is proposed within
150 metres (492.13 feet) of an area of potential flood hazard lands, the applicant will be
required to obtain and determine the safe building elevation.
3.8.3
Development of new buildings and additions to buildings in the flood way of the 1:500
year flood elevation of any watercourse or water body will be prohibited.
3.8.4
Flood-proofing of new buildings and additions to buildings to an elevation of 0.5 metres
(1.64 feet) above the 1:500 year flood elevation of any watercourses or water bodies will
be required in the flood fringe.
3.8.5
Sanitary landfills and lagoons shall not be located on hazard lands.
3.8.6
Actions to avoid, prevent, mitigate or remedy hazards may be incorporated as conditions
of a development permit.
3.8.7
A development permit will be refused if the proposed actions by the developer are
inadequate to address the adverse conditions or will result in excessive municipal costs.
3.8.8
For the purpose of this bylaw, appropriate flood proofing measures shall mean:
a) All buildings shall be designed to prevent structural damage by flood waters;
b) The bottom of floor joists of all buildings shall be constructed above the designated
safe building elevation; and
c) All electrical and mechanical equipment within a building shall be located above the
designated safe building elevation.
3.9 Groundwater Protection
3.9.1
No development or use of land shall be permitted where the proposal will adversely
affect domestic and municipal water supplies or where a suitable potable water supply
cannot be furnished to the requirements of the Health Authority and/or the Water
Security Agency.
3.9.2
If, in the opinion of Council, the groundwater could be adversely affected a professional
report shall be prepared at the cost of the developer. The report/study shall determine
whether the proposed development would adversely affect the groundwater resource,
the stability of the land and include conditions under which appropriate development
may be approved. Council shall make a recommendation for subdivisions or
development based on the recommendations including the municipal servicing and
costs.
Zoning Bylaw for the RM of Leask No. 464
19 | P a g e
3.10 Slope Instability
3.10.1 Development or subdivision proposed on potentially unstable slope areas shall require
supporting evidence of slope stability by a professional engineer.
3.10.2 No new development shall be permitted in any readily eroded or unstable slope area if
the proposed development will be affected by or increase the potential hazard presented
by erosion or slope instability.
3.10.3 For the purpose of this bylaw, the area considered to present potential erosion and/or
slope instability hazard includes but is not limited to a slope greater than 15% and the
slopes of watercourses, creeks or any other tributary creeks and gullies extending from
the edge of the flood plain, in the valley, to the ridge of the slope, at the top, plus a
setback of 100 metres (328.08 feet). Council may require a surveyor to determine
where the crest of the slope is located at the developer's expense and development will
be setback from the crest of the slope as determined by the geotechnical engineer.
3.10.4 The geotechnical engineer shall answer the following questions:
a) Will the proposed development be detrimentally affected by natural erosion or
slope instability?
b) Will the proposed development increase the potential for erosion or slope
instability that may affect the proposed development, or any other property?
3.10.5 Unless the geotechnical engineer can answer "no" in response to both of the above
questions, further analysis will be required. The required analysis must define the
hazard, as it may affect the proposed development and any other potentially affected
property. The engineering report will identify hazard mitigation measures, including
engineered works and other measures deemed to be effective in eliminating or
managing anticipated erosion and slope stability impacts, and will identify and explain
known and suspected residual hazards. The responsibility for monitoring and
responding to monitored findings shall be resolved before approval is granted.
3.10.6 A development permit shall not be issued unless the report on the site, presented by the
professional consultant, indicates that the site is suitable for development or outlines
suitable mitigating measures and documents residual hazard.
3.10.7 If such an evaluation is not done, or having been done, Council determines that excessive
remedial or servicing measures are necessary to safely and efficiently accommodate the
proposed development, Council may refuse the application for development.
3.11 Number of Principal Buildings and Uses on a Site
3.11.1 Not more than one principal building, use and residence shall be allowed on any one
titled area excluding:
a) Principal agricultural and industrial uses, public use and private institution(s) or
principal uses within the Conservation District;
b) Additional farm residences, to a maximum of two, on an agricultural parcel
(agricultural residence) of at least 64 hectares (160 acres) or equivalent in size.
Agriculture shall be the principal use of the parcel, and the additional residences are
Zoning Bylaw for the RM of Leask No. 464
20 | P a g e
to be occupied by a person who is engaged in the agricultural operation as an
employee or partner;
c) A multiple unit dwelling (where it is allowed in accordance with this bylaw);
d) A communal dwelling group (i.e. Hutterite Colony) where it is allowed in accordance
with this bylaw; the maximum number of residences and uses for communal
dwellings on one titled site may be determined at the discretion of Council;
e) Natural and mineral resource extraction and related uses;
f)
Commercial developments at the discretion of Council.
g) Public utility or municipal facility
3.11.2 A development permit application for an additional residence will not be approved
unless the additional residence is designed, sited, constructed, and finished in a manner
that is visually compatible and harmonious with the character of the surrounding
residential developments.
3.12 Non-conforming Uses, Sites and Buildings
3.12.1 Any lands which do not conform to the site requirements as set out in this bylaw shall be
deemed to be conforming with regards to site size and frontage, provided that a
registered title for the site existed prior to the coming into force of this bylaw.
3.12.2 All bylaw requirements shall be based on the stated metric unit. The imperial units
shown in this bylaw shall be approximate guidelines only. Where an existing structure
or site falls into non-conformity by reason of conversion from the Imperial System of
Measurement to the Metric System of Measurement, and solely from such change, such
existing structure or lot shall not be deemed non-conforming.
3.12.3 An existing non-conforming use or intensity of use may continue if the use existed when
this bylaw was adopted and has not been discontinued for 12 consecutive months.
3.12.4 Existing non-conforming buildings may be repaired and maintained, but shall not have
reconstruction performed to them such as structural alterations or addition, pursuant to
all the requirements of the Act.
3.12.5 All other regulations for non-conforming buildings, sites and uses shall be subject to the
provisions of the Act.
3.13 Signs and Billboards
3.13.1 All signs situated along a highway or in a highway sign corridor are required to comply
with The Provincial Highway Sign Control Regulations, 2012 as may be amended from
time to time.
3.13.2 Signs and billboards located outside of a highway sign corridor will require municipal
approval if the following uses or occupations are advertised:
a) Agricultural commercial uses;
Zoning Bylaw for the RM of Leask No. 464
21 | P a g e
b) Home occupations;
c) Principal use of a premises; or
d) Principal products offered for sale.
3.13.3 Signs and billboards that require municipal approval are subject to the following
requirements:
a) No more than two (2) signs will be permitted on the premises;
b) Each sign may be double faced;
c) Unless otherwise stated in a specific district, no sign shall be in excess of 6 square
metres (64.5 8square feet) in area, but the two (2) permitted signs may be
combined and the total facial area shall not exceed 12 square metres (129.17 square
feet); and
d) The maximum height of any sign shall be 6 metres (19.69 feet).
3.13.4 Signs not requiring a development permit:
a) Address Signs - one address designation per use which denotes the numerical
address and/or name of the occupant.
b) Agricultural Related Signs - agricultural related signs are permitted on a temporary
basis, such as herbicide, or insecticide or seed advertising promotional signs.
c) Construction Signs - signs that indicate the impending development of a site are
permitted on a temporary basis.
d) Directional Signs - signs such as traffic warning signs, parking or no trespassing
signs.
e) Election Signs - election signs for any level of government are permitted.
f)
Government Signs - all signs erected by any level of government.
g) Memorial Signs - memorial signs such as plaques, tablets and headstones.
h) Real Estate Signs - real estate signs are permitted only on the property which is
being advertised.
i)
Signs in a highway sign corridor.
3.13.5 All signs, including those listed above, shall be located so that no part of the sign
encroaches on a public right of way or interfere with the sightline of any intersection.
3.14 Home Occupation
3.14.1 A buffer or screening may be required where the display or storage of goods or
equipment upon or inside the premises is exposed to public view from the exterior.
Zoning Bylaw for the RM of Leask No. 464
22 | P a g e
3.14.2 No variation in the residential character and appearance of the dwelling, ancillary
residential building, or land shall be permitted.
3.14.3 Advertising signs may be limited in size and number by the Development Officer or
Council in addition to Section 3.13 to maintain the character of the area.
3.14.4 The use shall not generate substantially more vehicular and/or pedestrian traffic and
vehicular parking than normal within the district.
3.14.5 The permitted use shall be valid only for the period of time the property is occupied by
the applicant for such permitted use.
3.14.6 Council may apply special standards in the issuing a development permit limiting the
size of operation, and buildings used for the operation.
3.14.7 All permits issued for home occupations may be revoked at any time if, in the opinion of
the Development Officer or Council, the use is or has become detrimental to the
residential character and amenities of the area.
3.14.8 Any increase in a home occupation operation as applied for or approved shall require a
new discretionary use approval.
3.15 Dwelling Group
3.15.1 All service and other common buildings shall be of permanent construction.
3.15.2 Access to sites shall be from a road internal to the dwelling group parcel.
3.15.3 No dwelling shall be closer than 6 metres (19.69 feet) to any other dwelling.
3.15.4 All buildings on a dwelling group parcel shall maintain the required yards to the
property lines of the parcel provided for in the district and the required setback to the
centreline of a road.
3.15.5 Before occupancy, a dwelling group site shall provide and, at all times, maintain the
following:
a) Storage facilities necessary for site service and maintenance equipment.
b) Screening in the form of landscaping and fencing around service buildings, storage
compounds and refuse collection points.
c) A neighborhood sign, not to exceed 4 square metres (43.06 feet) of face area.
3.16 Kennel
3.16.1 A kennel shall not be located within or adjacent to a multi-parcel residential subdivision
or closer than 304.8 metres (1,000 feet) from the boundary of a multi-parcel residential
subdivision. Exceptions may be made when a highway, arterial road or secondary road
bisects the 304.8 metres (1,000 feet) separation distance.
3.16.2 All pens, rooms, exercise runs and holding stalls shall be soundproofed.
Zoning Bylaw for the RM of Leask No. 464
23 | P a g e
3.16.3 All facilities shall meet provincial regulations, when necessary.
3.16.4 No facility or exterior exercise area used to accommodate the animals shall be located
within 25 metres (82.02 feet) of any property line of the parcel on which the facility is to
be sited;
3.16.5 All exterior exercise areas (runs) shall be enclosed with a fence with a minimum height
of 1.83 metres (6 feet);
3.16.6 All facilities, including buildings and exterior exercise areas, shall be required to be sited
behind the residence; and
3.16.7 All facilities shall be visually screened from existing dwellings on adjoining parcels.
3.17 Bed and Breakfast and Vacation Farm Operations
3.17.1 A bed and breakfast or vacation farm operation shall be a secondary use on the property.
3.17.2 The agricultural use or residential use shall be established on the property prior to the
establishment of the operation.
3.17.3 The operation may include rooms, cabins, and overnight camping areas.
3.17.4 Proposed structures shall be suitable and comfortable for the proposed site and the
development shall not be in conflict with adjacent uses or uses currently on site.
3.17.5 The maximum number of rooms, cabins or overnight camping areas permitted will be
specified as a condition of the development permit.
3.17.6 Onsite signs will be permitted in accordance with Section 3.13.
3.17.7 There shall be suitable services for the facility.
3.17.8 All operations shall be licensed pursuant to The Public Health Act where tourist
accommodations require provincial approval and obtaining this license will be a
condition of approval.
3.17.9 There shall be appropriate levels of access to the site and off-street, or road parking
where permitted, for the users of the facility.
3.17.10 Bed and breakfast operations shall be located in a residence used as the operator's
principal residence or located in a dwelling accessory to and established on the same site
as the operator's principal residence.
3.18 Campgrounds and Long Term Campgrounds
3.18.1 The following uses are allowed within a campground and long term campground:
a) One recreational vehicle shall be permitted on each campsite, subject to standards
within this bylaw;
Zoning Bylaw for the RM of Leask No. 464
24 | P a g e
b) Recreational uses, such as sports fields, parks, playgrounds, picnic grounds, lodges,
hiking and cross country trails and other similar uses, generally associated with
campgrounds;
c) Washroom facilities, laundry facilities, and a confectionery designed to meet the
needs of the occupants of the campsites;
d) One residence for the accommodation of the operator; and
e) Public utilities, excluding solid and liquid waste facilities.
3.18.2 The following uses are allowed on a campsite within a long term campground:
a) One storage accessory building per campsite that does not exceed 9.29 square
metres (100 square feet) and that receives building permit approval, if necessary.
The building shall have a minimum setback of 3.05 metres (10 feet) from the
roadway within the campground.
b) One deck per campsite that is contained within the campsite with no portion located
in any roadway or required buffer area and that receives building permit approval,
if necessary. The deck shall have a minimum setback of 3.05 metres (10 feet) from
the roadway within the campground.
3.18.3 The uses prohibited within campgrounds and long term campgrounds shall include:
a) Dwelling units on permanent foundations, mobile homes, park model trailers, and
modular homes, excluding one residence for the accommodation for the operator;
b) Recreational vehicles with axles and/or wheels removed;
c) Converted buses partially dismantled or inoperative vehicles;
d) Home occupation; and
e) Outhouses.
3.18.4 Site Plan Required:
a) The operator of the campground or long term campground shall provide the
Development Officer a plan of the campground, identifying any buildings, uses of
land, the location of campsites with dimensions, any changes to grading and
drainage, and a stormwater management plan. The site plan shall also show
internal circulation requirements, street widths, site access and egress, emergency
access, parking areas, storage areas, washroom facilities and utilities, laundry areas,
recreational areas, and any other information the Development Officer or Council
deem necessary.
b) The addition or rearrangement of campsites, the construction or moving of
buildings, the material change in the use of the portions of land or the filling or
clearing of land shall require a development permit and the operator shall submit
for approval an amended plan incorporating the development.
Zoning Bylaw for the RM of Leask No. 464
25 | P a g e
3.18.5 Roads and Access:
a) The campground or long term campground shall be accessible by a registered and
developed all-weather road.
b) The number of access points shall be limited to control the entry and exit of vehicles.
The access points shall also minimize interference with traffic flow and
neighbouring uses. The location of these access points shall not route traffic
through residential areas.
c) Each campsite shall have direct and convenient access to a developed internal
roadway which is not located in any required buffer area.
d) The space provided for internal roadways shall be at least 7.5 metres (24.61 feet) in
width for two way traffic and 5.5 metres (18.04 feet) for one way traffic. No portion
of any campsite, other use or structure shall be located in any roadway or required
buffer area.
e) The campground or long term campground and each site within shall have clear
access and identification for emergency vehicles and personnel.
3.18.6 A campground or long term campground shall have within its boundaries a buffer area
abutting the boundary of not less than 4.5 metres (14.76 feet) which shall contain no
buildings.
3.18.7 No portion of any campsite shall be located within a roadway or required buffer area.
3.18.8 The individual campsites shall not be fenced. A fence may be erected around the
perimeter of the campground or long term campground and shall form part of the
development permit application.
3.18.9 Long term outside storage of materials shall be kept in a neat and orderly fashion.
3.18.10 Each campsite shall have at least one vehicular parking space provided on site, in
addition to the parking space for one recreational vehicle.
3.18.11 All provincial regulations, including The Public Health Act, shall be complied with in
respect to all operations and development of the campground or long term campground.
3.18.12 All developments may be subject to the RM's bylaw for The Licensing of Operators of
Trailer Parks, or Camps and The Licensing of Trailers.
3.18.13 In addition to meeting the regulations of this bylaw, Council will consider applications
with respect to the following criteria:
a) The campground or long term campground site is located with convenient access to
the recreational features or facilities that it is intended to serve.
b) The size and shape of the parcel and the design of the campground or long term
campground will ensure that each site is accessed from an interior roadway.
c) The size, shape and density of campsites is sufficient to accommodate recreational
vehicles and provide sufficient buffer between each campsite and the interior
Zoning Bylaw for the RM of Leask No. 464
26 | P a g e
roadway. Campsites shall accommodate a minimum setback of 1.52 metres (5 feet)
from a recreational vehicle to the interior roadway.
d) There is a water source suitable for public consumption that meets provincial
standards and has been approved by the province prior to the approval of a
development permit.
e) There is a system for sewage and waste water disposal that meets provincial
standards and has been approved by the province prior to the approval of a
development permit.
f)
The development will not be in conflict with adjacent uses or uses currently on site.
3.19 Mineral Resource Development
3.19.1 All mineral resource development shall meet provincial requirements and guidelines as
well as municipal requirements.
3.19.2 Land use incompatibility, nuisance and pollution shall be minimized by considering
appropriate routes, buffers, screening, etc.
3.19.3 Signage, fencing, lighting restrictions or other safety measures may be required at the
developer's expense.
3.19.4 All operations shall have efficient servicing, haul routes and have a high consideration
for public safety.
3.19.5 To provide appropriate access, egress and sewage, water, stormwater and/or drainage
works, the construction of or upgrades to municipal infrastructure may be required at
the developer's expense.
3.19.6 Council will specify development conditions in conjunction with recommendations from
provincial agencies and reports from qualified individuals regarding site development,
services, modifications to application and location of operation.
3.19.7 Council will specify conditions regarding cost recovery and cost-sharing of municipal
road construction and maintenance expenses due to increased haulage by trucks
carrying resources.
3.19.8 All operations shall have direct access to a developed road.
3.19.9 Applicants will be required to provide:
a) A plan showing the location of the proposed area of operation and site boundaries;
b) A description of the life cycle of the operation, including:
i)
A detailed timing and phasing of the project, including the length of the
proposed operation;
ii) A decommissioning and restoration plan showing the final site conditions and
post-development land use plan following the completion of the operation;
Zoning Bylaw for the RM of Leask No. 464
27 | P a g e
c) A description of the measures to be taken for the prevention or mitigation of dust,
noise, public safety, erosion and other effects to surrounding land uses and the
public, during and after the operation; and
d) Information that identifies the projected volumes of truck traffic on roads, the
proposed road impacts (e.g. road deterioration), and the proposed measures to
minimize negative impacts (e.g. noise, dust, excessive speed) on other road users
and the public.
3.20 Sand and Gravel Operations
3.20.1 Applicants proposing a sand and gravel operation, or an expansion to an existing
operation, shall meet applicable provincial and municipal requirements.
3.20.2 Applicants will be required to provide:
a) A plan showing the location of the proposed area of operation, site boundaries,
storage of extracted materials, the depth of excavation and the quantity of topsoil to
be removed;
b) A description of the excavation, disposal and stripping or grading operation;
c) A description of the timing and phasing of the project, including the length of the
proposed operation;
d) A reclamation plan showing the final site conditions following the completion of the
operation;
e) A description of the measures to be taken for the prevention or mitigation of dust,
noise, public safety, erosion and other effects to surrounding land uses and the
public;
f)
Information that identifies the projected volumes of truck traffic on the roads, the
proposed road impacts and the proposed measures to minimize negative impacts on
the other road users and the public;
g) Method for stormwater management/drainage control and erosion and sediment
control; and
h) Any other information that Council deems necessary.
3.20.3 Council will specify conditions regarding cost recovery and cost-sharing of municipal
road construction and maintenance expenses due to increased haulage by trucks
carrying sand and gravel resources. The applicant, operator or person that hauls the
sand and gravel resources may be required by the RM to enter into a road maintenance
agreement.
3.20.4 All gravel operations shall have direct access to a developed road.
3.20.5 Approaches to the development shall be located away from existing residences.
Zoning Bylaw for the RM of Leask No. 464
28 | P a g e
3.20.6 Where a sand and gravel development is proposed within the vicinity of a water source,
the development permit application may be required to be accompanied by an
appropriate hydrological study which outlines necessary mitigation measures.
3.20.7 Sand and gravel development shall have regard to adjacent land uses and no material is
to be stored or piled on any road allowance or within 30.48 m (100 ft) of the bank of any
watercourse or the shore of any waterbody.
3.20.8 The owner of the land and the operator proposing a sand and gravel operation, or an
expansion to an existing operation, may be required to enter into a reclamation
agreement with the RM.
3.20.9 The reclamation agreement shall identify the appropriate restoration condition of the
land that is environmentally safe, stable and compatible with adjoining lands.
3.20.10 The reclamation agreement may be registered as an interest on the title to the affected
lands as a development permit condition to protect municipal and public interests.
3.20.11 An approval for a sand and gravel extraction development permit will be issued for a
maximum of 5 years and may be renewed at the discretion of Council through the
development permit process.
3.20.12 To address potential land use conflicts, Council may limit the week days and hours of
operation as a development condition.
3.21 Intensive Livestock Operation (ILO)
3.21.1 The RM will require the developer to apply for a municipal development permit, in
addition to any provincial approval that may be required.
3.21.2 In order to manage the development of ILOs and surrounding land use interests, Council
will consider applications for development of an ILO, including any rendering facility or
abattoir.
3.21.3 Location Separation Criteria
a) In order to ensure ILO development occurs in acceptable locations, new ILO
developments proposed subsequent to the date of the adoption of this bylaw or a
proposed expansion of an existing ILO (existing at the date of adoption of this
bylaw) shall comply with the location separation criteria in Table 3.21.
b) Council, at its discretion, may apply a lesser separation distances than given in Table
3.21, considering the following:
i)
The developer shall provide written notice, approved by Council, to the owners
of all residences within the distance provided in Table 3.21 and to the hamlet
board of a hamlet or council of an urban municipality or Chief of a First Nation
within the specified distance.
ii) A lesser separation distance than described in Table 3.21 will not negatively
impact the specific use or surrounding development. Prior to granting a
reduction, Council may consult with appropriate agencies and adjacent
Zoning Bylaw for the RM of Leask No. 464
29 | P a g e
landowners, and may consider any written agreement to a lesser separation
distance provided by adjacent owners.
c) Where Council approves a lesser separation distance than given in Table 3.21, a
written agreement may be required between the ILO developer and any landowner
or jurisdiction agreeing to the lesser separation distance. The agreement may be
registered against the applicable parcel titles of both parties at the cost of the
developer.
Table 3.21: Minimum Separation Criteria for ILO to Specific Uses (in metres)
Specific Use
Animal Units
100-299
300-499
500-
2000
2001-
5000
>5000
Residence, tourist
accommodation,
campground or long term
campground
300
(450)
400
(600)
800
(1200)
1200
(1600)
1600
(2000)
Area authorized for a
multi-parcel residential
subdivision, or First
Nation Reserve <100
population
400
(600)
800
(1200)
1200
(1600)
1600
(2400)
2000
(2400)
Urban municipality or
First Nation Reserve
100-500 population
800
(1200)
1200
(1600)
1600
(2000)
2400
(2400)
2400
(2400)
Urban municipality or
First Nation
501-5000
1200
(1600)
1600
(2000)
2400
(2400)
3200
(3200)
3200
(3200)
Urban municipality or
First Nation Reserve
>5000
1600
(2000)
2400
(2400)
3200
(3200)
3200
(3200)
3200
(3200)
Distances are measured between livestock facilities and building development.
Numbers in brackets apply where open liquid manure storage facilities are used or proposed
Distances do not apply to residences associated with the operation.
3.21.4 Public Consultation
a) Council will advertise any proposal for an ILO in the local newspaper and will
provide an opportunity for public comment for a minimum of 21 days prior to
making a decision. All costs associated with advertising will be the responsibility of
the developer.
b) Council will encourage developers to hold a separate public open house prior to
development permit consideration to provide information to affected landowners.
c) If the developer does not hold a public open house, Council will hold a separate
public meeting prior to development permit consideration to ensure community
interests are considered before a decision is made by the Council, at the cost of the
developer.
Zoning Bylaw for the RM of Leask No. 464
30 | P a g e
d) Council will make a decision on a proposed livestock operation within 45 days of
receiving all information necessary to make a decision. If an extension is required,
Council will notify the developer in writing, including reasons for the extension and
the length of the extension.
3.21.5 Water Supply and Protection
a) There shall be a water supply adequate for the proposed development and the
development shall not contaminate any water supply source. Prior to approval,
Council may:
i)
Require the applicant to demonstrate that appropriate measures will be in place
to minimize the risk of contamination of water sources.
ii) Require the applicant demonstrate an adequate water supply is available for the
development and that the supply for neighbouring developments will not be
adversely affected by the proposed operation.
3.21.6 Additional Information
a) Council may require the applicant to obtain recommendations from appropriate
agencies and address issues regarding water supply, quality, quantity
considerations, manure management plans and other issues that Council may
require the applicant to address to evaluate the suitability of the site.
b) The Agricultural Operations Act and other provincial legislation may apply to the
development of an ILO. When considering the operational or environmental aspects
of a proposed project, Council may wish to refer a development permit application
to the appropriate agencies for advice and recommendations.
3.21.7 Permit Conditions
a) As a condition of approval, Council shall specify the maximum number of animal
units for which the approval is made to reduce the potential for land use conflicts
with neighbouring uses.
b) As a condition of approval, Council may specify land which may or may not be used
for the disposal of manure from an ILO by spreading of manure, in order to
minimize potential land use conflicts such as residences, planned residential
development, recreational areas, tourist sites etc.
c) Council may require manure to be incorporated into the soil within 24 hours of
spreading, unless such incorporation is prevented by adverse weather conditions, in
which case incorporation shall take place as soon as practical thereafter or by any
other normal acceptable agricultural practice that council may approve.
d) Council may impose development standards which specify the location of holding
areas, buildings or manure storage facilities on the site.
e) Council may require screening or encourage the use of innovative technologies
which mitigate odour or other nuisances.
Zoning Bylaw for the RM of Leask No. 464
31 | P a g e
3.21.8 Existing Livestock Operations
a) Any ILO existing at the time of the adoption of this bylaw may continue as approved;
however, if there is any expansion of the operation or change of animal species or
type of operation the developer will be required to obtain approval from Council in
accordance with the requirements and conditions of this bylaw.
3.21.9 Development permits are required for any proposed:
a) New ILO;
b) Expansion of an existing ILO;
c) Any temporary facility or part of a site; and
d) Change of animal species or type of operation, if it meets the definition of an ILO, as
defined within this bylaw.
3.22 Parking Requirements
3.22.1 Provision of off-street parking spaces may be required when a new subdivision or
development is applied for.
3.22.2 Parking site standards: parking stall dimensions shall be a minimum of 3 metres (9.84
feet) wide, 5.5 metres (18.04 feet) long and 15 square metres (161.46 square feet) in
area.
3.22.3 Number of spaces required:
a) Residential: 1 per dwelling unit
b) All other uses: 1 per 10 square metres (107.64 square feet) of building floor space
3.22.4 Access to parking from the municipal right-of-way shall be in a location that provides for
safe entrance and egress.
3.23 Storage of Vehicles
3.23.1 No site shall be used for the parking or outside storage of junked vehicles except:
a) Permitted salvage or autobody wrecker yards;
b) A maximum of 2 such vehicles on any Country Residential District and Country
Residential Lakeshore District site;
c) A maximum of 12 such vehicles on any Agricultural Resource District, Light
Industrial and Highway Commercial District site; or
d) If specified otherwise in this bylaw.
3.23.2 All sites shall be kept in a neat and tidy manner. The RM may require the coverage of
stored vehicles, the screening from a roadway or neighbouring property by landscaping
or fencing, or a combination of.
Zoning Bylaw for the RM of Leask No. 464
32 | P a g e
3.24 Grading and Levelling of Sites
3.24.1 Unless specified otherwise by the RM, lot slope and elevations shall not be altered.
Council shall require verification of approval by the responsible provincial agency
and/or by a qualified professional for alterations of lot slope and elevations and
drainage plans.
3.24.2 The final lot grading and landscaping shall be the responsibility of the individual
property owner who must comply with the elevations as shown on the overall approved
drainage plan.
3.24.3 The placing or storage of fill and topsoil may be allowed providing that there is no
adverse effect on adjacent lands as a result of any drainage alteration and there is no
negative impact on water flows to or from adjacent lands. No construction shall be
permitted which creates or aggravates water stagnation or a drainage problem on
adjacent properties.
3.24.4 All applicable provincial and federal requirements shall be adhered to.
3.25 Access and Roads
3.25.1 Every development shall have access to a developed road.
3.25.2 Council may require applicants and developers to pay for any or all costs associated with
road construction and short-term maintenance where the cost is directly associated with
the development or subdivision.
3.25.3 A development permit shall not be issued or a site to be created by subdivision shall not
be permitted unless the site intended to be used and the remainder of the parcel being
subdivided, or upon which a building or structure is to be erected, abuts, or has frontage
on a developed road or unless satisfactory arrangements have been made with the
Council for the improvement or building of a road.
3.25.4 For the purposes of this section "developed road" shall mean an existing graded all-
weather road on a registered right of way or a road for which a signed servicing
agreement has been made with Council to provide for the construction of the road on a
registered right of way to a standard approved by Council.
3.25.5 The requirement of a service road or internal subdivision roadway to provide access
may be imposed as a condition of approval for any new development other than those
deemed approved.
3.25.6 All site access from roads shall be to the satisfaction of Council with respect to location,
design, and construction standards. Council shall take into account the physical
capability and safety of the roads that are proposed to serve the development.
3.25.7 Development adjacent to a provincial highway shall meet all requirements of the
Saskatchewan Ministry of Highways and Infrastructure.
3.25.8 When any development is approved on land adjacent to an unconstructed road
allowance and access is required from said road allowance, the owner/applicant shall be
responsible for all costs related to the construction of the road to the standards set out
by the Development Officer.
Zoning Bylaw for the RM of Leask No. 464
33 | P a g e
3.25.9 The Development Officer shall decide upon all approach applications and, based on
location, drainage, traffic flow, sightlines, road standards, and safety considerations, may
approve or refuse an application for an approach.
3.26 Recreation Vehicles
3.26.1 For lands zoned in the Agricultural Resource District, Country Residential District,
Country Residential Lakeshore District, Lakeshore Development District, Lakeshore
Development District 1, Lakeshore Development District 2 and Duncan's Beach Resort
District:
a) Only one recreational vehicle, which is not a mobile home or park model trailer, may
be allowed for a period not exceeding 30 consecutive days for the temporary
sleeping accommodations of guest of a dwelling.
b) The recreational vehicle shall be located on the same site as a permanent dwelling
unit.
c) The recreational vehicle shall not be connected to any piped water supply or waste
disposal system on any residential site.
d) Notwithstanding the above, a recreational vehicle may be used in a campground,
long term campground, or on a temporary basis while construction is taking place in
accordance with a building permit.
3.27 Communication Towers
3.27.1 The erection of communication towers, including cellular telephone communication
towers, shall comply with federal regulations.
3.28 Buffers
3.28.1 Buffers are intended to improve land use compatibility and environmental quality by
reducing noise, lighting glare and other nuisances or facilitating natural drainage.
Buffers, where required to separate uses from adjacent properties, may require a
minimum 1 metre (3.28 feet) vegetative landscape buffer, unless a fence is required for
other reasons.
3.28.2 Residential subdivisions may be required to establish a shelterbelt or landscape buffer to
reduce land use conflicts.
3.28.3 The Development Officer may require that site landscaping be provided in conjunction
with and addressed as part of any development permit approval in any zoning district.
3.29 Pipelines and Transmission Lines
3.29.1 Any development involving pipeline and/or powerline transmission rights-of-way shall
be sited to comply with all relevant federal and provincial legislation. Setbacks from
pipelines and other utility corridors shall be in accordance with appropriate provincial
regulations or acts and any regulations or directives established by crown corporations.
The RM may refer to "Land Use Planning for Pipelines publication by Canadian
Standards Association (CSA) PLUS663", which may be amended from time to time.
Zoning Bylaw for the RM of Leask No. 464
34 | P a g e
3.30 Temporary Development Permits
3.30.1 The Development Officer may issue a development permit with specified conditions for a
specified period of time to accommodate developments.
3.30.2 Every temporary development or use shall be approved for a specified period, but in no
case shall it exceed 12 months. The permit may be renewed at Council's discretion for
another period.
3.30.3 A temporary use may be approved for development in any zone, unless specified
elsewhere in this Zoning Bylaw.
3.30.4 Council may, at its discretion, revoke a temporary development permit should the use
violate any of the permit conditions, conflict with adjacent land uses or cause a nuisance.
Permanent structures shall not be permitted in association with a temporary
development permit.
3.30.5 Temporary uses include but are not limited to:
a) Developments established or erected for special holidays;
b) Temporary asphalt and asphalt mixing plants;
c) Temporary sea and rail containers/storage during construction or moving;
d) Agriculturally supportive commercial and industrial development, including
fertilizer operations and similar uses;
e) Small temporary, seasonally or periodically used sand, gravel, gravel crushing and
commercial topsoil stripping operations, including accessory equipment;
f)
Temporary accommodation: agricultural operators may be issued a temporary
development permit for recreational vehicle(s) on an agricultural parcel for the
temporary accommodation of persons engaged in the agricultural operation on a
temporary basis (e.g. harvesting field crop);
g) Temporary accommodation: licensed contractors or developers may be authorized
to erect a maximum of 2 temporary accommodations, on or off site (e.g. campers,
travel trailers, construction bunk houses), excluding a mobile home; or
h) Temporary Dwelling: Council may issue a development permit for a temporary
dwelling where an existing dwelling is damaged or destroyed as a result of a
disastrous situation (e.g. fire); or where temporary accommodations are needed
during construction. Temporary dwellings shall not be connected to permanent
sewer or water services.
3.30.6 Except in the Agricultural Resource District, temporary buildings or structures shall not
include a mobile home or recreation vehicle as a temporary use, unless specified
elsewhere in this bylaw.
Zoning Bylaw for the RM of Leask No. 464
35 | P a g e
3.31 Moving of Buildings
3.31.1 No building shall be moved within, into or out of the area covered by this bylaw without
obtaining a development permit from the Development Officer, unless such building is
exempt under Section 2.4 of this bylaw.
3.32 Demolition of Dwellings
3.32.1 No dwelling shall be demolished without first obtaining a development permit from the
Development Officer. Such permit shall not be issued unless a proposal for the interim
or long term use or redevelopment of the site is also submitted and the proposed use is
in conformity with this bylaw. A separate development permit is required for any
redevelopment of the site.
3.32.2 An applicant for a demolition permit for a dwelling may be required to fill, grade, fence
or follow other special permit conditions for public and environmental safety reasons.
3.33 Swimming Pool Regulations
3.33.1 All swimming pools and the appurtenances thereto shall be constructed and located so
as to have a yard not less than 1.5 metres (4.92 feet) in width on all sides except where
the pool is attached to or part of a principal structure. No swimming pool shall be
located in a required front or side yard setback.
3.33.2 For the protection of the general public, all swimming pools shall be effectively fenced by
an artificial enclosure not less than 1.8 metres (5.91 feet) in height. Any openings in the
enclosure affording access to the pool proper shall have a gate containing an automatic
or manual locking device affixed in such a manner so as to exclude small children.
3.33.3 Artificial lights for the illumination of swimming pools shall be designed, constructed
and maintained so that no direct ray shall cross any property line.
3.33.4 Any maintenance equipment including heating, filtering, disinfectant and re-circulation
equipment shall not be located at any point within 1.5 metres (4.92 feet) from adjacent
property lines and shall be effectively screened and enclosed so as to not adversely affect
the character of surrounding properties. No equipment shall be permitted, the use of
which by reason of the emission of noise, vibrations, dust or odours would be considered
obnoxious or dangerous to the health and safety of the public.
3.34 Critical Wildlife Habitat Management
3.34.1 Where development is proposed in an area identified as containing critical wildlife
habitat, the Development Officer may require the applicant provide additional
information as required by The Wildlife Habitat Protection Act (WHPA) and any other
relevant provincial regulations. Consultation with the applicable provincial agency may
be required prior to the issuance of a development permit.
3.35 Heritage Lands
3.35.1 The RM may consult with the Heritage Conservation Branch, Ministry of Parks, Culture
and Sport, prior to issuing a development permit.
Zoning Bylaw for the RM of Leask No. 464
36 | P a g e
3.35.2 Where a proposed development is located in a potentially heritage sensitive area, as
identified on the Development Constraints Map in the OCP, the RM will require the
developer to refer to the provincial Heritage Conservation Branch to determine if a
Heritage Resource Impact Assessment is required. Applicants may reference the
Heritage Conservation Branch's Exempt Activities Checklist for Private Landowners and
the Developer's Online Screening Tool to determine if a proposed development is
exempt from requiring further heritage screening.
3.35.3 A developer shall demonstrate clearance from the Heritage Conservation Branch where
a proposed development is located in a potentially heritage sensitive area prior to a
development permit being issued.
3.36 Garden Suites
A single garden suite may be placed in the backyard of a single detached residential development in the
Agricultural Resource District, Country Residential District, and Country Residential Lakeshore District
under the following conditions:
3.36.1 The owner(s) of the host residence live on the site.
3.36.2 The footprint of the garden suite dwelling shall not be less than 20 square metres
(215.28 square feet) and not greater than 45 square metres (484.38 square feet). The
garden suite may be a single width mobile home.
3.36.3 The maximum height of the garden suite shall not exceed 5 metres (16.4 feet) from
grade level and shall have only one story.
3.36.4 Garden suite dwellings shall only be located on sites where the dwelling can be serviced
by existing utilities and can be hooked up to the services of the host residence.
3.36.5 Garden suite dwellings shall be attached to a permanent foundation.
3.36.6 Residents of the garden suite must have access to the rear yard amenities.
3.36.7 The accessory dwelling shall be placed so that all site and setback requirement of this
Zoning Bylaw are met.
3.36.8 An attached garage to a maximum of 23 square metres (247.57 square feet) is permitted.
3.36.9 A parking space will be required to be provided onsite for the resident(s) of the garden
suite dwelling.
3.36.10 There shall be direct and separate access to the garden suite dwelling by an onsite
driveway or by public roadway or alley.
3.36.11 Any additional conditions for approval as deemed necessary by Council.
3.37 Gas and Service Stations
Automotive service development, gas pumps and associated buildings, structure and vehicular
movement shall conform to the following standards:
Zoning Bylaw for the RM of Leask No. 464
37 | P a g e
3.37.1 Gas pumps and islands shall be set back 6 metres (19.68 feet) from any site line.
3.37.2 Gas and service stations shall locate storage tanks in accordance with all applicable
provincial fire regulations.
3.37.3 Propane and natural gas pumps (retail or wholesale) shall be setback according to
provincial regulations.
3.37.4 Access/egress points shall not be continuous along a street and shall be at least 10
metres (32.81 feet) apart.
3.37.5 Off-site traffic circulation shall be accommodated on the site.
3.37.6 Vehicles and parts storage shall not locate in any yard abutting a road and must be
screened from view by a solid fence with the location and height being first approved by
the Development Officer.
3.38 Small Wind Energy Systems
3.38.1 Only one small wind energy system shall be permitted as an accessory use to the
principal use, subject to the minimum site size requirement.
3.38.2 The minimum site size for the allowance of any small energy system shall be 2 hectares
(4.94 acres).
3.38.3 Maximum total wind tower height or total system height shall be:
a) 45 metres (147.64 feet) above grade level
3.38.4 Wind tower base and system setbacks:
a) From any property line: 1.5 times tower/system height
b) From on-site dwelling: 1.5 times tower/system height
c) From neighbouring dwellings:
< 10 kW: 100 metres
> 10 kW: 300 metres
3.38.5 For residential applications, wind energy components and towers shall be erected in
rear yards only.
3.38.6 The bottom point of an operating rotor shall be above grade level, to manufacturer's
specification at minimum, but in no case nearer than 5 metres (16.4 feet) above grade
level.
3.38.7 All wind energy systems and towers shall be enclosed within a locked protective chain
link fence of a minimum height of 1.85 metres (6.07 feet) and the design shall be
included in the development permit application for Council's approval.
3.38.8 Development and building permit applications for a small wind energy system shall
include either a manufacturer's engineering certificate of structural safety or
certification of structural safety via a Saskatchewan Professional Engineer.
Zoning Bylaw for the RM of Leask No. 464
38 | P a g e
3.38.9 Installation plans (concrete specifications, anchoring specifications) shall be certified by
a Saskatchewan Professional Engineer.
3.38.10 Proof that an approved electrical permit has been obtained shall be provided to the RM
in regards to small wind energy systems.
3.38.11 The small wind energy system shall be finished in a non-reflective matte colour or to the
satisfaction of Council.
3.39 Restoration to a Safe Condition
3.39.1 Nothing in this bylaw shall prevent the structural improvement or restoration to a safe
condition of any building or structure, provided that such structural improvement or
restoration shall not increase the height, area or volume so as to contravene the
provisions of this bylaw.
3.40 Prohibited and Noxious Uses
3.40.1 Any use is prohibited which, by its nature or the materials used therein, is declared by
The Public Health Act and Regulations to be a noxious trade, business, or manufacture.
3.40.2 Notwithstanding any use contained within a building, no land shall be used and no
building or structure shall be erected, altered or used for any purpose that is noxious
and, without limiting the generality of this subsection, for any purpose that creates or is
likely to become a nuisance or offence, or both:
a) By the creation of noise or vibration;
b) By the emission of light and glare;
c) By reason of the emission of gas, fumes, smoke, dust or objectionable odour;
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers or parts of vehicles or trailers, machinery, or other
such material; or
e) By any combination of things in this subsection.
3.40.3 The storage of chemicals, fertilizers and combustible materials are subject to the
requirements of both the federal and provincial governments. All necessary
requirements and permits from other regulatory agencies must be met and obtained
prior to the storage of hazardous substances.
3.41 Site Size Adjustments
3.41.1 In all zones, all minimum site size requirements shall be as stated, except that the site
size of the remnant shall be deemed to be conforming in any of the following instances:
a) Where roads, railways, pipelines and other linear public utilities, including their
widening, are subdivided or registered as easements; or
b) Where adjustments are required due to irregularities in the primary survey system.
Zoning Bylaw for the RM of Leask No. 464
39 | P a g e
3.41.2 Lots of Irregular Shape
In residential districts lot frontages on irregularly shaped asymmetrical lots or pie-
shaped lots may be reduced at Council's discretion below the minimum prescribed
widths. The average lot width throughout the depth of the lot measured along a
perpendicular line from the centre of the property shall comply with the required
minimum lot width.
3.42 General Development Standards and Criteria for Discretionary Uses
3.42.1 Council shall have regard for the Official Community Plan and conformity with the plan
goals, objectives and policies. Council shall refer to Appendix A: Development Review
Criteria in the Official Community Plan.
3.42.2 A site plan and supporting documentation must be supplied to Council prior to making a
decision on a discretionary use application.
3.42.3 The proposed development shall be located on a parcel conforming to all requirements
of this Zoning Bylaw, including site size, frontage, setbacks and access identified for the
zoning district.
3.42.4 The proposed discretionary use shall not negatively change the character of the
immediate area or the use and enjoyment of adjacent lands for their existing use.
3.42.5 Upon approval of a discretionary use by resolution of Council, the Development Officer
shall issue a development permit subject to any development standards prescribed by
Council which shall be based on the following, the Act or other standards identified in
this Zoning Bylaw:
a) Sites shall be landscaped and fenced where necessary to maintain the character and
amenity of the neighbourhood;
b) Adequate on-site parking shall be provided and maintained;
c) Parking, storage and other non-landscaped areas shall be suitably screened from
adjacent properties and streets;
d) Adequate receptacles for refuse and litter shall be supplied;
e) Vehicle access points shall be provided in suitable locations so as to minimize traffic
congestion and possible hazards;
f)
The density, size, height and location of principal or accessory structures shall be
regulated so as not to detract from the character and amenity of the neighbourhood;
g) Council may attach special conditions to the development permit to regulate sound,
light, glare, heat, dust, electrical interference, or other emission and limit hours of
operation if, in Council's opinion, it would detract from the amenity of the
neighbourhood.
Zoning Bylaw for the RM of Leask No. 464
40 | P a g e
3.43 Membrane Covered Structures
3.43.1 Anchored membrane covered structures shall be allowed as an accessory use in all
zoning districts unless specified otherwise in this bylaw.
3.43.2 Development applications for all membrane covered structures, except for those
structures proposed for temporary placement, must include a drawing stamped by a
professional engineer to prove that the structure will meet Section 4 of The National
Building Code.
3.43.3 In all cases, the placement of an anchored membrane covered structure must comply
with the site and yard requirements for the applicable zoning district.
3.43.4 Temporary membrane covered structures may be placed on a site in any district for a
period not to exceed seven days in a calendar year to accommodate special events such
as weddings, parties or community functions.
3.44 Sea and Rail Containers
3.44.1 Sea and rail containers shall be accessory to a principle building or use on a site.
3.44.2 Sea and rail containers may be permitted in any zoning district on a temporary basis.
3.44.3 A development permit or temporary development permit is required for every sea and
rail container, except for those listed in Section 2.4 including the temporary placement
for a period not to exceed ten days in any six month period for the purpose of loading
and unloading of items associated with the principle use.
3.44.4 A site plan of the location of the sea and rail container is required where a permit is
required.
3.44.5 When placed on a site, the sea and rail container shall be located so as not to create a
safety hazard.
3.44.6 Sea and rail containers must meet the setback distances for the zoning district.
3.44.7 The purpose of the sea and rail container must be for storage only and they must not be
stacked on top of one another.
3.44.8 No windows, plumbing, electrical, mechanical or structural improvements or
modifications are permitted.
3.44.9 In addition to all other regulations in Section 3.44, Council shall use the following criteria
in making a decision on a development permit application for sea and rail containers in
zoning districts where they are listed as a discretionary use:
a) The proposed location and intended use shall be appropriate, in Council's opinion,
with regard to buildings on the site and adjacent properties; and
b) The exterior finish of the sea and rail container shall conform to other buildings on
the site and the character of the neighbourhood or be screened from adjacent
properties and streets.
Zoning Bylaw for the RM of Leask No. 464
41 | P a g e
3.45 Cannabis
3.45.1 Cannabis facilities and uses shall be prohibited unless explicitly identified and defined
with reference to cannabis in this bylaw or permitted for personal use by the federal and
provincial government.
3.45.2 Cannabis facilities shall meet all applicable federal and provincial regulations and the
applicant shall provide proof of all required federal and provincial licenses and permits.
3.45.3 Cannabis facilities shall provide sufficient separation to adjacent properties. A buffer
area, landscaping and screening may be required to separate adjacent uses.
3.45.4 Cannabis facilities shall have adequate water supply, waste disposal, utilities, access and
onsite parking and loading spaces.
3.45.5 Any potential nuisances or hazards shall be disclosed to the RM including but not limited
to sounds, light, glare, heat, odours, fumes, liquid effluence, traffic, dust or fire and
explosion hazards. The applicant may be required to implement mitigation measures to
address potential nuisances or hazards.
3.45.6 Cannabis facilities shall be a discretionary use in the Agricultural Resource District and
Light Industrial and Highway Commercial District and prohibited in all other districts.
3.46 Fence and Hedges
3.46.1 Fences, hedges, or screening devices shall be exempt from required yard setbacks.
3.46.2 No fence or screening device shall exceed 1.8 metres (5.91 feet) in height within a
required yard.
3.46.3 Notwithstanding clauses 3.46.2 above, a fence or screening device may be permitted to a
height deemed necessary by Council to separate incompatible land uses and to provide
adequate screening for unsightly uses.
3.46.4 All fences, hedges, or screening devices shall be located so that no part encroaches on a
public right of way or interfere with the sightline of any intersection.
Zoning Bylaw for the RM of Leask No. 464
42 | P a g e
4 ZONING DISTRICTS
4.1 Districts
4.1.1
For the purpose of applying this bylaw, the RM is divided into zoning districts.
4.2 Boundaries
4.2.1
The boundaries of all zoning districts are shown on the map entitled Zoning District Map
and accompanying Subdivision Zoning Maps, which are attached to and form a part of
this Zoning Bylaw. Unless otherwise shown on a map, the boundaries of the Zoning
Districts are site lines, centre lines of streets, lanes, roads or such lines extended, and the
boundaries of the RM.
4.3 Regulations
4.3.1
Regulations for the zoning districts are outlined in the following sections and applicable
sections of this Zoning Bylaw:
a) Agricultural Resource District - AR
b) Country Residential District - CR
c) Country Residential Lakeshore District - CRLD
d) Lakeshore Development District - LD
e) Lakeshore Development District 1 - LD1
f)
Lakeshore Development District 2 - LD2
g) Resort Commercial District - RC
h) Light Industrial and Highway Commercial District - M1
i)
Provincial Forest District - F
j)
Duncan's Beach Resort District - DB
k) Conservation District - CA
Zoning Bylaw for the RM of Leask No. 464
43 | P a g e
5
AGRICULTURAL RESOURCE DISTRICT (AR)
The objective of this district is to provide for the primary use of land in the form of agricultural
development and associated agricultural uses. Other uses compatible with agricultural development are
also provided for as well as location dependent natural and mineral resource development.
Fragmentation of agricultural land in this district will generally be avoided.
5.1 Permitted Uses
5.1.1
Field crops
5.1.2
Pastures for the raising of livestock (excluding any Intensive Livestock Operations
(ILO)), the keeping of animals, non-intensive dairy farming, orchards and vegetable,
horticultural or fruit gardens, beekeeping, grazing, and other similar uses customarily to
general agriculture
5.1.3
Tree and garden nurseries, market gardens and greenhouses
5.1.4
Residence
5.1.5
Mineral resource exploration, extraction and development
5.1.6
Historical/heritage sites, archaeological sites, wildlife and conservation management
areas
5.1.7
Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
5.2 Discretionary Uses
5.2.1
Agricultural uses
a) New or expanding ILO
b) Intensive agricultural operations
c) Agricultural product processing
d) Agricultural equipment, fuel and chemical supply establishment
e) Hatcheries and mushroom farms
f)
Grain elevators, inland grain terminals
g) Agriculture service and contracting establishments
h) Abattoirs and related facilities
i)
Temporary holding and loading facilities
5.2.2
Cannabis facility
Zoning Bylaw for the RM of Leask No. 464
44 | P a g e
5.2.3
Bed and breakfast and vacation farm operations
5.2.4
Garden suite
5.2.5
Home occupations
5.2.6
Kennel
5.2.7
Commercial Uses
a) Salvage and storage yards
b) Recreational commercial uses (sports arenas and fields, boat launches, drive-in
theatres, golf courses, or similar type uses)
c) Agricultural commercial
5.2.8
Community uses
a) Places of worship, cemeteries and schools without a dormitory or residence
b) Radio, television and microwave towers
c) Public parks and public recreational facilities
d) Institutional camps
5.2.9
Solid and liquid waste disposal sites
5.2.10 Communal dwellings
5.2.11 Additional farm residence
5.2.12 Mineral resource processing including ancillary uses and buildings related to processing
5.2.13 Agricultural tourism
5.2.14 Sand and gravel operations
5.3 Regulations
5.3.1
Subdivision
a) The subdivision of any land within the Agricultural Resource District is subject to
the policies contained in the OCP.
b) No more than one separate parcel shall be subdivided from any quarter section (2
separate titles per quarter section).
c) Where a part of a section of land is physically separated from the remainder of the
quarter section by a railway, a registered road plan containing a highway or
developed road, river, lake or significant stream the separated land may be
Zoning Bylaw for the RM of Leask No. 464
45 | P a g e
subdivided from the quarter-section in addition to the one subdivision provided for.
The separated site shall have direct access to a developed road.
5.3.2
Frontage
a) Minimum site frontage shall be 100 metres (328.08 feet) for all parcels unless
otherwise specified in this bylaw.
5.3.3
Frontage requirements may be reduced at Council's discretion for the purpose of
resource based uses, community uses, conservation, farmland consolidation, or due to
topographical/physical limitations or where legitimate agricultural activities require a
lesser amount.
5.3.4
Site Size
a) Field crops
Minimum site size shall be 14 hectares (34.59 acres)
b) Pastures for the raising of livestock (excluding any ILO), the keeping of animals
other than domestic pets, non-intensive dairy farming, orchards and vegetable,
horticultural or fruit gardens, beekeeping, grazing and other similar uses
customarily to general agriculture.
Minimum site size shall be 14 hectares (34.59 acres)
c) Community uses, conservation uses, recreational commercial uses, mineral resource
uses and sand and gravel development.
No minimum
d) All other uses, unless specified elsewhere in this bylaw
Minimum site size shall be 1 hectare (2.47 acres).
e) A reduced agricultural site area may be permitted at Council's discretion for the
purpose of farmland consolidation or due to topographical/physical limitations or
where legitimate agricultural activities require a lesser amount.
5.3.5
Setback Requirements
a) The minimum setback of buildings, including a dwelling, from the centerline of a
developed road, municipal road allowance, or provincial highway shall be 45.72
metres (150 feet).
b) The minimum setback of buildings, including a dwelling, from the intersection of the
centerlines of two or more municipal road right-of-ways shall be 91.44 metres (300
feet).
c) The minimum setback of buildings, including a dwelling, that does not abut a
municipal road allowance, municipal grid road, and main farm access road or
provincial highway shall be:
Zoning Bylaw for the RM of Leask No. 464
46 | P a g e
i)
Front Yard: 10 metres (32.81 feet)
ii) Side Yard: 10 metres (32.81 feet)
iii) Rear Yard: 10 metres (32.81 feet)
d) Trees, shrubs, stone piles, portable structures or other objects, such as wells,
dugouts, or reservoirs, on private property shall also adhere to the regulations in
5.3.5(a) and (b).
e) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
f)
No residence shall be located with less than a minimum separation distance to an
operation, other than the residence of the operation, as follows:
i)
The separation distance to an ILO as regulated in Section 3.21;
ii) 457 metres (1499.34 feet) from a licensed public or private liquid waste
disposal facility;
iii) 457 metres (1499.34 feet) from a licensed public or private solid waste disposal
facility;
iv) 305 metres (1000.66 feet) to a non-refrigerated anhydrous ammonia facility
licensed by Province of Saskatchewan;
v) 600 metres (1968.5 feet) to a refrigerated anhydrous ammonia facility licensed
by the Province of Saskatchewan; and
vi) A lesser separation distance may be allowed upon approval by Council. Where
Council approves a lesser separation distance, a written agreement between the
impacted parties may be required.
5.4 Criteria and Standards for Discretionary Uses
5.4.1
In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
5.4.2
Commercial uses:
a) Any unsightly outdoor storage of machinery, vehicles, or materials, including any
salvage or vehicle storage yard, shall be adequately screened from the public's view.
b) A road of a standard that meets the demands of the operation shall provide access to
the site. If required, the operator will enter into a heavy haul agreement with the
RM.
c) In the application for an intensive operation, the applicant shall identify the
proposed supply of water for the operation where intensive irrigation is required,
Zoning Bylaw for the RM of Leask No. 464
47 | P a g e
showing that the supply shall be sufficient to meet the needs of that operation
without adverse effects on the supply of water used by neighbouring properties.
d) A commercial use, to diversify an agricultural production use, shall be located on the
same site and accessory to an agricultural production use.
5.4.3
Additional Farm Residence:
a) A maximum of two additional farm residences may be permitted on an agricultural
parcel.
b) Additional farm residences shall be located on a parcel of at least 64 hectares (160
acres) or equivalent in size, where agriculture is the principal use of the parcel.
c) Additional farm residences shall be occupied by a person who is engaged in the
agricultural operation as an employee or partner.
5.4.4
Communal Dwellings:
a) All dwellings are to be located on a parcel conforming to all requirements of the
Zoning Bylaw, including area, setbacks, frontage, and access.
b) No new or expanded dwelling(s) will be located in the 1:500 flood elevation.
c) Utilities, including sewage disposal system(s), must meet provincial standards.
d) Council may specify the maximum number of dwelling units permitted.
e) Council may require a communal dwelling to be served by an internal road to a
standard acceptable to Council.
f)
No dwelling shall be closer than 3 metres (9.84 feet) to any other dwelling.
5.4.5
Agricultural Tourism:
a) Agricultural tourism uses shall be accessory to an agricultural farm operation or
dwelling allowed in the Agricultural Resource District.
b) Agricultural tourism uses shall display a high visual quality and shall be integrated
into the rural environment by virtue of appropriate design, location and
landscaping.
c) Agricultural tourism uses may only be approved where they would not:
i)
Unduly interfere with the amenities or change the character of the
neighborhood;
ii) Materially interfere with or affect the use and enjoyment of adjacent properties;
iii) Adversely impact upon the environment; and
iv) Result in excessive demand on municipal services, utilities or public roadways.
Zoning Bylaw for the RM of Leask No. 464
48 | P a g e
d) Agricultural tourism uses shall comply with all provincial environmental and health
regulations.
5.4.6
Temporary Holding and Loading Facilities:
a) Council may restrict the maximum number of cattle and time of confinement as a
condition of approval.
Zoning Bylaw for the RM of Leask No. 464
49 | P a g e
6
COUNTRY RESIDENTIAL (CR)
The objective of this district is to provide for residential subdivision and development. Residential
development may be accommodated by this district where there are more sites proposed than are
allowed in the Agricultural Resource District. This district will be used for residential purposes with
limited agricultural uses allowed on the sites.
6.1 Permitted Uses
6.1.1
Single detached dwelling
6.1.2
Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
6.2 Discretionary Uses:
6.2.1
Gas and service stations
6.2.2
Institutional uses such as churches, education and/or religious institutions, hospitals or
schools
6.2.3
Recreational uses and facilities
6.2.4
Dwelling groups
6.2.5
Mobile homes
6.2.6
Home occupations
6.2.7
Bed and breakfast operations
6.2.8
Garden suite
6.2.9
Solid and liquid waste disposal facilities
6.2.10 Keeping of animals on the same site as an established residence
6.2.11 Sea and rail containers
6.3 Regulations
6.3.1
Subdivision
a) Residential subdivision of any land within the Agricultural Resource District that
does not meet the subdivision requirements within the Agricultural Resource
District may be required to be rezoned to this district and are subject to the policies
contained in the OCP for Country Residential Development.
b) All residential subdivisions shall be located adjacent to an existing developed road.
Zoning Bylaw for the RM of Leask No. 464
50 | P a g e
c) All residential subdivisions shall be serviced to meet municipal standards.
d) A buffer strip may be required in all residential subdivisions to separate residential
uses and existing agricultural development.
6.3.2
Frontage
a) Minimum site frontage shall be 45 metres (147.64 feet) for all parcels.
6.3.3
Site Size
a) Minimum site size shall be 1 hectare (2.47 acres).
b) Exemptions from minimum area requirements may be considered by Council for
community uses.
6.3.4
Setback Requirements
a) Yard Requirements:
i)
Front Yard: 9 metres (29.53 feet)
ii) Side Yard: 9 metres (29.53 feet)
iii) Rear Yard: 9 metres (29.53 feet)
b) The yard requirements shall not apply to any public recreational use.
c) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
d) No residence shall be located with less than a minimum separation distance to an
operation, other than the residence of the operation, as follows:
i)
The separation distance to an ILO as regulated in Section 3.21.
ii) 457 metres (1499.34 feet) from a licensed public or private liquid waste
disposal facility.
iii) 457 metres (1499.34 feet) from a licensed public or private solid waste disposal
facility.
iv) 305 metres (1000.66 feet) to a non-refrigerated anhydrous ammonia facility
licensed by Province of Saskatchewan.
v) 600 metres (1968.5 feet) to a refrigerated anhydrous ammonia facility licensed
by the Province of Saskatchewan.
6.3.5
Building Requirements
a) Footprint for garden suite:
Zoning Bylaw for the RM of Leask No. 464
51 | P a g e
i)
Minimum 20 square metres (215.28 square feet)
ii) Maximum 45 square metres (484.38 square feet)
b) Minimum footprint for all other residential: 100 square metres (1076.39 square
feet).
6.3.6
Site requirements for public recreational uses shall be specified by Council at time of
approval based on proposal and site layout.
6.4 Criteria and Standards for Discretionary Uses
6.4.1
In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
6.4.2
Home occupations:
a) Shall comply with Section 3.14.
b) No home occupation in this district shall include auto body repair, small engine
equipment repair, or repainting operations.
c) No heavy construction or industrial equipment or supplies shall be stored on any
site for a home occupation in this district.
6.4.3
Keeping of animals
a) One large animal (horse or cattle) will be permitted on a site of at least 2 hectares
(4.94 acres).
b) For each additional 0.8 hectare (1.98 acres), one additional large animal will be
permitted.
c) All other animals shall be limited to domestic pets of the residents of the site.
d) Animals shall not be pastured within 15 metres (49.21 feet) of any dwelling not
owned by the operator of the pasture or owner of the animals and 2 kilometres
(1.24 miles) from the corporate limits of villages, resort villages or hamlets.
e) The use of vacant residential sites for the pasturing of animals is prohibited.
Zoning Bylaw for the RM of Leask No. 464
52 | P a g e
7
COUNTRY RESIDENTIAL LAKESHORE DISTRICT (CRLD)
The objective of this district is to provide provisions for existing low density country residential
development along the lakes in the RM.
7.1 Permitted Uses
7.1.1
Single-detached dwellings
7.1.2
Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
7.2 Discretionary Uses
7.2.1
Home occupations
7.2.2
Recreational uses and facilities
7.2.3
Bed and breakfast operations
7.2.4
Mobile homes
7.2.5
Garden suite
7.2.6
Sea and rail containers
7.3 Regulations
7.3.1
Site Area Requirements
a) Minimum - 1 hectare (2.47 acres)
7.3.2
Site Frontage Requirements
a) Minimum site frontage shall be 45 metres (147.64 feet) for all parcels.
b) Lots existing at the passing of this bylaw shall be considered conforming with
respect to the minimum frontage requirements.
7.3.3
Setback Requirements
a) Yard Requirements
i)
Front Yard: 9 metres (29.53 feet)
ii) Side Yard: 9 metres (29.53 feet)
iii) Rear Yard: 9 metres (29.53 feet)
iv) The yard requirements shall not apply to any public recreational use.
Zoning Bylaw for the RM of Leask No. 464
53 | P a g e
b) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
7.3.4
Building Requirements
a) Footprint for garden suite:
i)
Minimum 20 square metres (215.28 square feet)
ii) Maximum 45 square metres (484.38 square feet)
a) Minimum footprint for all other residential: 100 square metres (1076.39 square
feet).
7.3.5
Additional Sign Regulations
a) Notwithstanding the regulations in Section 3.13 of this bylaw, the maximum facial
area of a sign on residential sites shall be 1.2 square metres (12.92 square feet) and
the maximum facial area of a sign for commercial and/or recreational sites shall be
3.5 square metres (37.67 square feet).
7.3.6
Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
7.4 Criteria and Standards for Discretionary Uses
7.4.1
In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
7.4.2
Home Occupations
a) Shall comply with Section 3.14.
b) No home occupation in this district shall include auto body repair, small engine
equipment repair, or repainting operations.
c) No heavy construction or industrial equipment or supplies shall be stored on any
site for a home occupation in this district.
Zoning Bylaw for the RM of Leask No. 464
54 | P a g e
8
LAKESHORE DISTRICT (LD)
The objective of this district is to provide provisions for existing higher dense development along the
lakes in the RM with the exception of Island View Resort and Duncan's Beach.
8.1 Permitted Uses
8.1.1
Single-detached dwellings
8.1.2
Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
8.2 Discretionary Uses
8.2.1
Home occupations
8.2.2
Recreational uses and facilities
8.2.3
Bed and breakfast operations
8.2.4
Mobile homes
8.2.5
Sea and rail containers
8.3 Regulations
8.3.1
Site Area Requirements
a) Minimum - 1115 square metres (12,001.76 square feet)
8.3.2
Site Frontage Requirements
a) Minimum - 23 metres (75.46 feet)
8.3.3
Setback Requirements
a) Yard Requirements
i)
Front Yard: 3 metres (9.84 feet)
ii) Side Yard: 1.5 metres (4.92 feet)
iii) Rear Yard: 3 metres (9.84 feet)
iv) The yard requirements shall not apply to any public recreational use.
b) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
8.3.4
Building Requirements
Zoning Bylaw for the RM of Leask No. 464
55 | P a g e
a) Minimum footprint for residential: 20 square metres (215.28 square feet).
8.3.5
Additional Sign Regulations
a) Notwithstanding the regulations in Section 3.13 of this bylaw, the maximum facial
area of a sign on residential sites shall be 1.2 square metres (12.92 square feet) and
the maximum facial area of a sign for commercial and/or recreational sites shall be
3.5 square metres (37.67 square feet).
8.3.6
Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
8.4 Criteria and Standards for Discretionary Uses
8.4.1
In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
8.4.2
Home Occupations
a) Shall comply with Section 3.14.
b) No home occupation in this district shall include auto body repair, small engine
equipment repair, or repainting operations.
c) No heavy construction or industrial equipment or supplies shall be stored on any
site for a home occupation in this district.
Zoning Bylaw for the RM of Leask No. 464
56 | P a g e
9
LAKESHORE DISTRICT 1
(LD 1)
The objective of this district is to provide provisions for existing higher density development at Island
View Resort along Iroquois Lake.
9.1
Permitted Uses
9.1.1
Single-detached dwellings
9.1.2
Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
9.2 Discretionary Uses
9.2.1
Home occupations
9.2.2
Recreational uses and facilities
9.2.3
Bed and breakfast operations
9.2.4
Mobile homes
9.2.5
Sea and rail containers
9.3 Regulations
9.3.1
Site Area Requirements
a) Minimum - 670 square metres (7211.82 square feet)
9.3.2
Site Frontage Requirements
a) Minimum - 18 metres (59.06 feet)
9.3.3
Setback Requirements
a) Yard Requirements
i)
Front Yard: 3 metres (9.84 feet)
ii) Side Yard: 3 metres (9.84 feet)
iii) Rear Yard: 3 metres (9.84 feet)
iv) The yard requirements shall not apply to any public recreational use.
b) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
Zoning Bylaw for the RM of Leask No. 464
57 | P a g e
9.3.4
Building Requirements
a) Minimum footprint for residential: 20 square metres (215.28 square feet).
9.3.5
Additional Sign Regulations
a) Notwithstanding the regulations in Section 3.13 of this bylaw, the maximum facial
area of a sign on residential sites shall be 1.2 square metres (12.92 square feet) and
the maximum facial area of a sign for commercial and/or recreational sites shall be
3.5 square metres (37.67 square feet).
9.3.6
Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
9.4 Criteria and Standards for Discretionary Uses
9.4.1
In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
9.4.2
Home Occupations
a) Shall comply with Section 3.14.
b) No home occupation in this district shall include auto body repair, small engine
equipment repair, or repainting operations.
c) No heavy construction or industrial equipment or supplies shall be stored on any
site for a home occupation in this district.
Zoning Bylaw for the RM of Leask No. 464
58 | P a g e
10 LAKESHORE DISTRICT 2
(LD 2)
The objective of this district is to provide provisions for new development along the lakeshores in the RM
other than commercial or dwelling groups. The Lakeshore Development District 2 shall be used when
considering a bylaw amendment to allow for a newly proposed residential subdivision near or adjacent
to any lake, unless specified otherwise within the Zoning Bylaw and excluding dwelling groups.
10.1 Permitted Uses
10.1.1 Single-detached dwellings
10.1.2 Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
10.2 Discretionary Uses
10.2.1 Home occupations
10.2.2 Recreational uses and facilities
10.2.3 Bed and breakfast operations
10.2.4 Mobile homes
10.2.5 Sea and rail containers
10.3 Regulations
10.3.1 Site Area Requirements
a) Minimum - 3035.14 square metres (0.75 acres)
10.3.2 Site Frontage Requirements (lakefront, where applicable)
a) Minimum - 45 metres (147.64 feet)
10.3.3 Setback Requirements
a) Yard Requirements
i)
Front Yard: 7.6 metres (24.93 feet)
ii) Side Yard: 7.6 metres (24.93 feet)
iii) Rear Yard: 7.6 metres (24.93 feet)
iv) The yard requirements shall not apply to any public recreational use.
b) The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
Zoning Bylaw for the RM of Leask No. 464
59 | P a g e
10.3.4 Building Requirements
a) Minimum footprint for residential: 50 square metres (538.2 square feet).
10.3.5 Additional Sign Regulations
a) Notwithstanding the regulations in Section 3.13 of this bylaw, the maximum facial
area of a sign on residential sites shall be 1.2 square metres (12.91 square feet) and
the maximum facial area of a sign for commercial and/or recreational sites shall be
3.5 square metres (37.67 square feet).
10.3.6 Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
10.4 Criteria and Standards for Discretionary Uses
10.4.1 In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
10.4.2 Home Occupations
a) Shall comply with Section 3.14.
b) No home occupation in this district shall include auto body repair, small engine
equipment repair, or repainting operations.
c) No heavy construction or industrial equipment or supplies shall be stored on any
site for a home occupation in this district.
Zoning Bylaw for the RM of Leask No. 464
60 | P a g e
11 RESORT COMMERCIAL DISTRICT (RC)
The objective of this district is to provide provisions for subdivisions and development associated with
resort commercial land use. The Resort Commercial District will be used when considering a bylaw
amendment to allow for a proposed commercial development near or adjacent to any lake within the RM.
11.1 Permitted Uses
11.1.1 Personal service shops
11.1.2 Restaurants and take-out food establishments
11.1.3 Retail merchandise shops
11.1.4 Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
11.2 Discretionary Uses
11.2.1 Motels and hotels
11.2.2 Recreational uses and facilities including marinas and boat launches
11.2.3 Gas and service stations
11.2.4 Dwelling groups
11.2.5 On common property within a bare land condominium development, the following are
permitted where accessory to a dwelling group:
a) Community centres
b) Golf courses
c) Parks
d) Public sports fields
e) Maintenance shops
11.2.6 Tourist cabins
11.2.7 Campgrounds and long term campgrounds
11.2.8 Sea and rail containers
Zoning Bylaw for the RM of Leask No. 464
61 | P a g e
11.3 Regulations
11.3.1 Site Size
a) The minimum site size shall be 500 square metres (5,381.96 square feet)
b) Exemptions from minimum area requirements may be considered by Council for
public community uses or recreational uses.
11.3.2 Site Frontage
a) The minimum site frontage shall be 15 metres (49.21 feet)
11.3.3 Setback Requirements
a)
Yard Requirements
i)
Front Yard: 6 metres (19.69 feet)
ii) Side Yard: 1.5 metres (4.92 feet)
iii) Rear Yard: 6 metres (19.69 feet)
iv) The yard requirements shall not apply to any public recreational use.
v) Yard requirements for campgrounds and long term campgrounds shall comply
with site requirements identified in Section 3.18.
b)
The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals
near those forms of development.
11.3.4 Building Requirements
a) Principle Buildings Maximum Height: 10.5 metres (34.45 feet) from ground to peak
11.3.5 Additional Sign Regulations
a) Notwithstanding the regulations in Section 3.13 of this bylaw, the maximum facial
area of a sign for commercial and/or recreational sites shall be 3.5 square metres
(37.67 square feet).
11.3.6 Parking
a) Parking spaces shall comply with Section 3.22 of this bylaw.
11.3.7 Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
Zoning Bylaw for the RM of Leask No. 464
62 | P a g e
11.4 Criteria and Standards for Discretionary Uses
11.4.1 In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
11.4.2 Approval of motels, hotels and tourist cabins shall be based on the following criteria and
standards:
a) The site is located in proximity to a recreational feature or facility that it is intended
to serve;
b) There is suitable parking, potable water source and system, and sewage disposal
system capable of servicing the development at the cost of the developer. The
provision of potable water and the disposal of wastewater is subject to provincial
regulations and approval.
c) The development will not be in conflict with adjacent uses or uses currently on site;
d) The density, location, and timing of the development is appropriate considering
availability of existing motels, hotels, tourist cabins and campsites within proximity
to the recreational feature or facility that it is intended to serve; and
e) Council may limit the density of the development and number cabins or rooms that
may be permitted in conjunction with the operation. Council shall consider the
capacity of the recreational feature or facility that it is intended to serve, existing
inventory, and the local capacity to service the development including roads, fire
and emergency protection and other applicable services and infrastructure.
Zoning Bylaw for the RM of Leask No. 464
63 | P a g e
12 LIGHT INDUSTRIAL AND HIGHWAY COMMERCIAL DISTRICT (M1)
The objective of this district is to provide appropriate regulations and standards to allow for
industrial and highway commercial developments and uses within the RM.
12.1 Permitted Uses
12.1.1 Agricultural and automobile services, implement sales, contracting and supply
establishments
12.1.2 Commercial nurseries or greenhouses, including retail
12.1.3 Gas and service stations
12.1.4 Motor vehicle dealers and service establishments
12.1.5 Motels and hotels
12.1.6 Retail stores
12.1.7 Drive-in theatres
12.1.8 Convenience stores
12.1.9 Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
12.2 Discretionary Uses
12.2.1 Abattoirs, skinning and tanning facilities
12.2.2 Manufacturing
12.2.3 Fabricating
12.2.4 Agricultural product processing
12.2.5 Auction marts
12.2.6 Restaurants
12.2.7 Storage facilities, warehouses, supply and distribution facilities
12.2.8 Veterinary clinics
12.2.9 Welding and machine shops
12.2.10 Cannabis facility
Zoning Bylaw for the RM of Leask No. 464
64 | P a g e
12.3 Regulations
12.3.1 Where development is being proposed in proximity to a highway, the application
(permitted or discretionary) will be referred to the Ministry of Highways and
Infrastructure to ensure the proposal is consistent with provincial setback
requirements and other regulations.
12.3.2 Subdivision
All subdivisions shall be serviced to meet municipal and provincial standards.
12.3.3 Frontage
a) Minimum site frontage shall be 30 metres (98.43 feet) for all parcels.
12.3.4 Site Size
a) Minimum site size shall be 1114.83 square metres (12,000 square feet).
b) Maximum site size shall be at the discretion of Council.
12.3.5 Access
a) Access may be required to be provided by a service road that meets provincial and
municipal standards.
b) A subdivision shall not be permitted unless the proposed parcels and the
remainder of the parcel being subdivided abuts, or has frontage on a registered
developed road, including any road to be developed under a signed servicing
agreement.
c) All lots within a subdivision shall be provided access from an internal subdivision
road. The number of accesses from the municipal road and provincial highway
will be limited to provide for the safety of the travelling public.
12.3.6 Setback Requirements
a) Front Yard:
i)
The minimum setback for buildings, trees, shrubs, stone piles, portable
structures, or other objects on private property from the centerline of a
provincial highway shall be at the discretion of Council after discussions with
the Ministry of Highways and Infrastructure.
ii) The minimum setback for buildings on private property from the centerline of
a municipal road allowance, municipal grid road, and main farm access road
shall be 45.72 metres (150 feet).
iii) The minimum setback for buildings on private property from the internal
subdivision road shall be 7.6 metres (24.93 feet).
Zoning Bylaw for the RM of Leask No. 464
65 | P a g e
b) Side Yard: 3 metres (9.84 feet)
c) Rear Yard: 3 metres (9.84 feet)
12.3.7 Additional Sign Requirements
a) One business name sign is permitted per visible business unit front and shall not
exceed 15% of the area of the front of the building and shall not exceed 30 square
metres (322.92 square feet) parallel to the front of the building, nor exceed a depth
of 0.3 metres (1 foot).
b) All signs and artwork shall be approved.
12.4 Criteria and Standards for Discretionary Uses
12.4.1 In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
12.4.2 Council will apply the criteria of the Official Community Plan when considering
locations for commercial and industrial uses.
12.4.3 Year round access to the site shall be available.
12.4.4 A road of adequate standard shall provide access and egress to the operation from a
provincial highway to the site.
12.4.5 Other requirements of this bylaw specific to the proposed use shall be met.
Zoning Bylaw for the RM of Leask No. 464
66 | P a g e
13 PROVINCIAL FOREST DISTRICT (F)
The objective of this district is to provide for the preservation of the forest resources within the RM
while providing for limited development that is administered and regulated by the Ministry of
Environment. Subject to the approval of the Ministry of Environment, the following uses shall be
permitted on any site within the Provincial Forest District.
13.1 Permitted Uses
13.1.1 Forestry: logging and processing timber and related resource extraction
13.1.2 Botanical resource use: Berry picking, grazing, haying, wild rice harvesting
13.1.3 Game resource use: angling, hunting, trapping
13.1.4 Recreational uses: cross-country skiing, hiking, nature interpretation and nature trails,
picnic sites, snowmobile trails and other similar uses
13.2 Regulations
13.2.1 All operations shall comply with provincial regulations including regulations set out by
the Ministry of Environment.
13.2.2 No development permit is required unless the development involves permanent
buildings or requires registered road access.
13.2.3 The RM will consult with the provincial department and agencies responsible for
managing the forest area prior to issuing a development permit. The RM may apply
conditions to a development based on FireSmart principles or provincial
recommendations for the protection of forest resources.
Zoning Bylaw for the RM of Leask No. 464
67 | P a g e
14 DUNCAN'S BEACH RESORT DISTRICT (DB)
The objective of the Duncan's Beach Resort District is to provide for existing residential development
for the area known as Duncan's Beach to allow existing buildings to continue as conforming uses and for
each dwelling to be upgraded or replaced.
14.1 Permitted Uses
14.1.1 Single detached dwellings
14.1.2 Accessory uses, buildings and structures customarily accessory to a principal use,
excluding dwellings
14.2 Discretionary Uses
14.2.1 Recreational uses and facilities
14.2.2 Sea and rail containers
14.3 Regulations
14.3.1 Single detached dwellings and accessory buildings existing as of January 9, 2002
a) Minimum site area: 380 square metres (4090.29 square feet)
b) Minimum site frontage: 12.5 metres (41.01 feet)
14.3.2 New and replacement single detached dwellings, including structural alterations
a) Minimum site area: 380 square metres (4090.29 square feet)
b) Minimum site frontage: 12.5 metres (41.01 feet)
c) Minimum front yard: 1.5 metres (4.92 feet)
d) Minimum rear yard: 1.5 metres (4.92 feet)
e) Minimum side yard: 1.5 metres (4.92 feet)
14.3.3 Building Requirements
a) Minimum footprint for residential: 20 square metres (215.28 square feet).
14.3.4 New and replacement accessory buildings, including structural alterations
a) Minimum front, side and rear yard: 1.5 metres (4.92 feet)
14.3.5 No site requirements for recreational uses and facilities.
Zoning Bylaw for the RM of Leask No. 464
68 | P a g e
14.3.6 The required separation distances from residential developments to other forms of
development shall also apply to the locating of residential development proposals near
those forms of development.
14.3.7 Keeping of Animals
a) Other than domestic pets, no animals shall be allowed on any site.
Zoning Bylaw for the RM of Leask No. 464
69 | P a g e
15 CONSERVATION DISTRICT (CA)
The objective of the Conservation District is to provide for conservation projects and allow for passive
open space uses.
15.1 Permitted Uses
15.1.1 Wildlife and wildfowl habitat and conservation management areas
15.1.2 Historical and heritage sites
15.1.3 Archaeological sites
15.1.4 Natural exhibits and interpretive sites
15.1.5 Pastures for the raising of livestock, excluding any Intensive Livestock Operations
(ILO)
15.2 Discretionary Uses
15.2.1 Passive open space recreational uses including cross-country skiing, hiking trails,
nature trails, snowmobile trails and other similar uses
15.2.2 Accessory uses, buildings and structures
a) Equipment storage structures
b) Shelters
c) Viewing Platforms
15.3 Regulations
15.3.1 Only accessory uses, buildings and structures listed as a discretionary use in Section
15.2 may be allowed.
15.3.2 All accessory uses, buildings and structures in the Conservation District shall require
development permit approval.
15.3.3 In making a decision on a discretionary use development permit application in this
district, Council shall use criteria identified in Section 3.42 and all other applicable
sections of this bylaw.
Zoning Bylaw for the RM of Leask No. 464
70 | P a g e
16 DEFINITIONS
In this bylaw when the following words or terms are used, they have the following meaning, unless the
context provides otherwise:
Accessory Building: a subordinate detached building apart from the main building or main use and
located on the same site, which provides better and more convenient function of the main building or
main use.
Accessory Use: a use customarily incidental, subordinate, and exclusively devoted to the principal use
or building and is located on the same site with such principal use or building.
Act: The Planning and Development Act, 2007.
Adjacent: contiguous or would be contiguous if not for a river, stream, railway, road or utility right-of-
way or reserve land; and any other land identified in this bylaw as adjacent land for the purpose of
notifications.
Administrator: the official administrator for the Municipality pursuant to The Municipalities Act.
Agricultural: a use of land, buildings or structures for the purpose of animal husbandry, fallow, field crops,
forestry, market gardening, pasturage, private greenhouses and includes the growing, packing, treating,
storing and sale of produce produced on the premises and other similar uses customarily carried on in the
field of general agricultural.
Agricultural Commercial: a use related to the sale of products or machinery of an agricultural nature or
the provision of services to the agricultural community, and without restricting the generality of the above
may include livestock auction marts, farm implement dealerships, veterinary clinics and animal hospitals,
bulk fuel sales, fertilizer distribution, grain and seed cleaning and drying, implement and machinery
assemblage, sale and service, stockyards and other similar uses.
Agricultural Holding: the cumulation of all sites owned by an agricultural operator and does not include a
hobby farm or country residence.
Agricultural Operator: a household unit whose principal source of income is derived from the agricultural
production of an agricultural holding.
Agricultural Tourism: a tourism oriented commercial land use related to the retail sale of products or the
provision of entertainment associated with an agricultural operation or a rural environment and without
limiting the generality of the above includes historical and vacation farms, farm zoos, gift shops, restaurants,
art galleries and cultural entertainment facilities.
Alteration: any structural change or addition made to any building or structure.
Ancillary Use: a use that is secondary and subordinate in size, extent and purpose to the principal use
on the same site, but is not necessary for the operation of the principal use on that site.
Zoning Bylaw for the RM of Leask No. 464
71 | P a g e
Animal Unit: the kind and number of animals calculated in accordance with the following table:
Kind of Animal
Number of Animals = 1 Animal
Unit
Poultry
Hens, Cockerels, Capons
100
Chicks, Broiler Chickens
200
Turkeys, Geese, Ducks
50
Exotic Birds
25
Hogs
Boars and Sows
3
Gilts
4
Feeder Pigs
6
Weanling pigs
20
Sheep
Rams or Ewes
7
Lambs
14
Goats
including llamas and Alpacas
7
Cattle
Cows and Bulls
1
Feeder Cattle
1.5
Replacement Heifers
2
Calves
4
Horses
Colts and Ponies
2
Other
1
Other
Domesticated Native
Ungulates
Bison
1
Elk / Reindeer
4
Deer
7
Applicant: a developer or person applying for a development permit under this bylaw, for a
subdivision approval to an approving authority under the Act.
Bare Land Condominium: a condominium divided into bare land units as defined within The
Condominium Property Act, 1993.
Bare Land Unit: a bare land unit as defined within The Condominium Property Act, 1993.
Bed-and-Breakfast Operation: a residence, licensed as a tourist home under The Public
Accommodation Regulations, in which overnight accommodation within the unit, along with one meal
served before noon, is provided to the travelling public for a charge.
Beverage Room: an establishment, licensed by the Province of Saskatchewan, in that alcoholic
beverages are served for a fee for consumption on the premises and may include a licensed lounge that
is ancillary to a restaurant. Food preparation or serving of food maybe an accessory use to the drinking
establishment but is subject to all applicable provincial regulations.
Billboard: a poster panel or painted bulletin and includes any structure panel, board or object designed
exclusively to support such poster, panel or a painted bulletin.
Zoning Bylaw for the RM of Leask No. 464
72 | P a g e
Building: a structure used for the shelter or accommodation of persons, animals, or goods.
Building Permit: a permit issued under a Building Bylaw of the Municipality authorizing the
construction of all or part of any building.
Building Residential: a single-detached, semi-detached, duplex or mobile dwelling unit.
Building Site: the specific site on which the principal building is to be erected.
Campground: the seasonal operation of an area of land managed as a unit, providing temporary short-
term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by
travellers and tourists.
Campground, Long Term: the seasonal operation of an area of land managed as a single unit, which
provides long term accommodation for recreational vehicles used by the same occupant(s) for the
entire season. The difference between a long term campground and a campground is that a long term
campground is intended for prolonged visits and shall be located near amenity areas.
Cannabis: as defined in The Cannabis Act (Canada).
Cannabis Facility: means either:
a) a facility, licensed by the Federal Government, for the cultivation, synthesis, harvesting,
altering, propagating, processing, packaging, labeling, storage and shipping of cannabis; or
b) a facility, provincially authorized, for the warehousing and wholesale distribution of cannabis.
Cannabis Production Facility: a facility, licensed by the Federal Government, for the cultivation,
synthesis, harvesting, altering, propagating, processing, packaging, labeling, storage and shipping of
cannabis.
Cannabis Retail Store: a retail store, provincially authorized, for selling cannabis to consumers.
Cannabis Warehouse and Distribution Facility: a facility, provincially authorized, for the
warehousing and wholesale distribution of cannabis.
Care Services: means development to provide daytime personal care and education to children or
elderly persons, but does not include overnight accommodation. Typical facilities would include
daycare or "elder care" centres, day nurseries, family day home child care, nursery schools and play
schools.
Communal Dwelling: is identified as the dwelling unit(s) on land owned by Hutterite, Mennonite or
any other type of colony who use the land for agricultural, educational, and other shared purposes.
Convenience Store: A store offering for sale primarily food products, beverages, tobacco, personal care
items, hardware and printed matter and which primarily provides a convenient day to day service to
residents in the vicinity.
Council: the Council of the Rural Municipality of Leask No. 464.
Country Residential Use: a dwelling or site whose owner's principal source of household income is from a
source other than the principal agricultural use of that site.
Zoning Bylaw for the RM of Leask No. 464
73 | P a g e
Developed Road: an existing paved or graded all-weather road on a registered right-of-way, or a road
for which arrangements have been made with Council to provide for the construction of the road on a
registered right of way to a standard approved by Council.
Development: the carrying out of any building, engineering mining or other operations in, on or over
land or the making of any material change in the use or the intensity of the use of any building or land.
Development Permit: a document authorizing a development issued pursuant to this bylaw.
Discretionary Use: means a use of land or building or development that is prescribed as a
discretionary use in this Zoning Bylaw and requires the approval of Council pursuant to the Act.
Dwelling Group: a group of principal buildings used as dwellings, located on a single parcel, developed
as a project, that may include rental, condominium or bare land condominium forms of tenure.
Dwelling, Multi-Unit: a detached building consisting of two or more dwelling units which are occupied
or intended to be occupied as a permanent home or residence.
Dwelling, Single Detached: a detached building consisting of one dwelling unit as defined here; and
occupied or intended to be occupied as a permanent home or residence, but shall not include a mobile
home, park model trailer or recreational vehicle as defined here.
Dwelling Unit: one or more habitable rooms constituting a self-contained unit and used or intended to
be used together for living and sleeping purposes by one or more persons and not to be used exclusively
for storage purposes.
Farmstead Site: a site which includes the residence of the farm operator and those buildings or facilities
which are related to the farm operation, and are normally surrounded by the farmstead shelterbelt.
Flood Fringe: means the portion of the flood plain where the waters in the 1:500 year flood are
projected to be less than a depth of one metre or a velocity of one metre per second.
Flood Plain: means the area prone to flooding from a waterbody or watercourse that comprises the
combined area of the flood way and flood fringe.
Flood Proofed: means a measure, or combination of structural and non-structural measures,
incorporated into the design of a structure that reduces or eliminates the risk of flood damage to a
defined elevation.
Flood Way: means the portion of the flood plain adjoining the channel where the waters in the 1:500
year flood are projected to meet or exceed a depth of one metre or a velocity of one metre per second.
Floor Area: the sum of horizontal area contained within the outside of the outside walls of a building at
each floor level at or above grade, excluding in the case of a dwelling, any private garage, porch,
veranda, sun lounge, or unfinished room or attic.
Footprint: the horizontal area, as seen in plan, measured from outside of all exterior walls and
supporting columns.
Garden Suite: an additional dwelling unit that is separate from and secondary to the principal single
detached dwelling on the residential lands but shall not include a recreational vehicle or park model
trailer as defined in this bylaw.
Zoning Bylaw for the RM of Leask No. 464
74 | P a g e
Grocery Store: the use of a building, or a portion of a building, for the sale of foodstuffs and
convenience goods to serve the needs of the surrounding residents and the traveling public.
Hazard Land: land which may be prone to flooding, slumping, subsidence, landslides, erosion, any
other instability, or is located within the flood plain of a river, stream or lake.
Hazardous Substance: a substance that, because of its quality, concentration or physical, chemical or
infectious characteristics, either individually or in combination with other substances on the site is an
existing or potential threat to the physical environment, to human health or to other living organisms.
Highway Sign Corridor: a strip of land parallel and adjacent to a provincial highway; where private
signs may be permitted to advertise goods and services of local area businesses and attractions, as
provided by regulations of the Ministry of Saskatchewan Highways and Infrastructure entitled The
Provincial Highway Sign Control Regulations, 2012, as may be amended or replaced from time to time.
Home Occupation: an occupation carried on by the occupants of a residence or agricultural operation
and is a use secondary to the permitted use.
Hostel: an establishment that provides budget-oriented, sociable lodging for a specific group of people,
such as students, workers or travelers.
Hotel: a building which provides sleeping accommodation for which a fee is charged and may also
contain commercial uses, facilities or services such as a restaurant, dining room, room service or
convention room.
Intensive Agricultural Operation: a principal use that produces a crop that is grown in buildings or
under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer
application, but not including an intensive livestock operation or cannabis production facility.
Intensive Livestock Operation (ILO): the operation or facilities for the permanent or temporary
rearing, confinement or feeding (excluding wintering of animals) of poultry, hogs, sheep, goats, cattle,
horses, or domesticated game animals in such numbers that the facility and portion of a parcel or site
used for the operation does any of the following conditions:
a) will contain 100 or more animal units;
b) provides less than 370 m2 of space for each animal unit;
c) will contain more than 20 animal units for 10 or more days of the month within
300 m of water body not controlled by the operator; or
d) will contain more than 20 animal units for 10 or more days of the month within 30
m of a domestic well not controlled by the operator.
Junked Vehicles: any automobile, tractor, truck, trailer or other vehicle that:
a) has no valid license plate
b) is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative
or abandoned condition
c) is not contained within a permitted building
Zoning Bylaw for the RM of Leask No. 464
75 | P a g e
d) does not form part of a permitted business
Kennel: development used for the breeding, boarding, caring or training of dogs. Typical facilities
include dog boarding and dog training establishments, and animal rescue homes.
Liquor Sales: the wholesale or retail sale or distribution to the public of any and all types of alcohol
spirits/beverages.
Membrane Covered Structure: a structure consisting of a frame that is covered with plastic, fabric,
canvas or similar non-permanent material, which is used to provide storage for vehicles, boats,
recreational vehicles, or other personal property. The term shall also apply to structures commonly
known as hoop houses, canopy covered carports, tent garages and can be fully or partially covered, but
does not include gazebos or outdoor tents.
Mobile Home: a structure that may be used as a dwelling all year round; has water faucets and shower
or other bathing facilities that may be connected to a water distribution system; and has facilities for
washing and a water closet or other similar facility that may be connected to a sewage system; and is
certified by the manufacturer that it complies with the Canadian Standards Association Standard No.
CSA-Z240 MH; and is attached to a permanent foundation.
Modular Home: a building that is manufactured in a factory as a whole or modular unit to be used as
one single dwelling unit and is certified by the manufacturer that it complies with the Canadian
Standards Association Standard No. CSA-A277, and is attached to a permanent foundation.
Motel: means a building or group of buildings on a site designed and operated to provide temporary
accommodation and contains separate sleeping units, each of which is provided with an adjoining
conveniently located parking stall.
Municipality: the Rural Municipality of Leask No. 464
Double - Wide Mobile Home
Modular (Manufactured) Home
Zoning Bylaw for the RM of Leask No. 464
76 | P a g e
Non-Conforming Building: a building:
a) that is lawfully constructed or lawfully under construction, or with respect to
which all required permits have been issued, at the date a Zoning Bylaw or any
amendment to a Zoning Bylaw affecting the building or land on which the building
is situated or will be situated becomes effective
b) that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes
effective does not, or when constructed will not, comply with the Zoning Bylaw.
Non-Conforming Site: a site, consisting of one or more contiguous parcels, that, on the date a Zoning
Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the
bylaw, but the site area or site dimensions do not conform to the standards of the bylaw for that use.
Non-Conforming Use: a lawful specific use:
a) being made of land or a building or intended to be made of land or of a building
lawfully under construction, or with respect to which all required permits have
been issued, at the date the Zoning Bylaw or any amendment to the Zoning Bylaw
affecting the land or building becomes effective
b) that on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes
effective does not, or in the case of a building under construction or with respect to
which all required permits have been issued will not, comply with the Zoning
Bylaw.
Outhouse: a structure and the pit over which the structure sits, in which human waste is emitted
from the pit into the soil and shall not include a system using a watertight septic tank for the
temporary retention of sewage that is hauled off site.
Outside Storage: the storing, stockpiling or accumulating of goods, equipment or material in an area
that is open or exposed to the natural elements.
Park Model Trailer/Unit: a unit designed to facilitate occasional relocation, with living quarters for a
temporary or seasonal use; has water faucets and shower or other bathing facilities that may be
connected to a water distribution system; and has facilities for washing and a water closet or other
similar facility that may be connected to a sewage system; and it has a gross floor area not exceeding 50
m2 (540 ft2); and is certified by the manufacturer that it complies with the Canadian Standards
Association Standard No. CSA-Z241.
Park Model Trailer 102
Park Model Recreational Unit
Passive Recreation Use: means a recreational land use that does not require significant development
upon the site and does not lessen the natural character of the area.
Zoning Bylaw for the RM of Leask No. 464
77 | P a g e
Pasture: a site that is used for the raising and feeding of livestock by grazing.
Permitted Use: a use or form of development rightfully allowed in a zoning district, subject to the
regulations contained in this bylaw.
Personal Service Shops: a facility for providing a service to individuals, including but not limited to
barbershops, professional services, medical clinics, drycleaners, etc.
Principal Agricultural Use: the chief reason for the use and development of the land is its use for
agricultural purposes, and that such use constitutes the chief source of income or anticipated chief
source of income for the applicant for a development permit for land.
Principal Building: the main building in which the principal use of the site is conducted.
Principal Use: the main activities conducted on a site.
Public Road: a road allowance or a legally surveyed road vested in the name of Ministry of Highways
and Infrastructure.
Public Utility: A system, work, plant, equipment or service (whether owned or operated by the RM or
by a corporation under Federal or Provincial statute), that furnishes any of the following services and
facilities or for the use of the inhabitants of the RM:
a) Communication by way of telephone lines, optical cable, microwave and cable television
services;
b) Delivery of water, natural gas and electricity;
c) Public transportation by bus, rail, or other vehicle production, transmission;
d) Collection and disposal of sewage, garbage and other wastes; and
e) Fire and police services.
Quarter Section: 64.8 hectares (160 acres) or a lesser amount that remains due to the original
township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or
transmission line development, or other public utility; or natural features such as water courses or
water bodies.
Ready-to-Move (RTM) Dwelling: a building that is
manufactured in a factory to be used as one single dwelling
unit and is certified by the manufacturer that it complies
with the Canadian Standards Association Standard No.
CSA-A277, and is attached to a permanent foundation.
Recreational Vehicle: shall mean a unit intended to provide temporary
living accommodations for campers or travelers, built as part of, or to
be towed by, a motor vehicle; and includes truck campers, motor
homes, tent trailers and travel trailers.
Reeve: the Reeve of the Rural Municipality of Leask No. 464
Zoning Bylaw for the RM of Leask No. 464
78 | P a g e
Residence: a single detached dwelling, mobile home, or modular home.
Residential: the use of land, buildings or structures for human habitation.
RM: the Rural Municipality of Leask No. 464
Road: shall mean a public thoroughfare which affords the principal means of access to abutting
property but shall not include an easement or lane.
School: a site, building or other premises and improvements that is utilized for the purposes of
educating students with a faculty.
Service Station: a building or place used for, or intended to be developed primarily for supplying
vehicles with gasoline, diesel fuel, grease, tires or other similar items and for the repair, rental, greasing,
washing, servicing, adjusting or equipping of automobiles or other motor vehicles, including painting,
body work and major repairs.
Sign: any writing (including letter or word), pictorial representation (including illustration or
decoration), emblem (including devise, symbol or trademark), flag (including banner or pennant), or
any other figure of similar character which:
a) is a structure or any part thereof, or is attached to, painted on, or in any manner
represented on a building
b) is used to announce or direct attention to, or advertise
c) is visible from outside the building.
Site: an area of land with fixed boundaries that has been registered with Information Services
Corporation by Certificate of Title, and for which all portions of the land are consolidated under a single
title.
Site Line, Front or Site Frontage: the boundary that divides the site from the street or road. In the
case of a corner site, the front site line shall mean the
boundary separating the narrowest street frontage of the site from the street. Site frontage for a non-
rectangular site shall be defined as the mean of the measured front and rear site lines.
Site Line, Rear: the boundary at the rear of the site and opposite the front site line.
Site Line, Side: a site boundary other than a front or rear site line.
Small Wind Energy System: any wind energy conversion system consisting of a wind turbine, a tower
and associated control or conversion electronics, which has a rated capacity of not more than 300 kW,
and is intended to provide electrical power for use on-site (either behind the metre or off-grid) and is
not intended or used to produce power for commercial resale.
Storage Facility: a building or buildings containing storage units used primarily for private storage of
personal goods, materials and equipment, household goods, furniture, general merchandise and
vehicles but excluding storage of hazardous materials.
Zoning Bylaw for the RM of Leask No. 464
79 | P a g e
Street: a public road or thoroughfare registered by plan of survey which affords the principal means of
access to abutting property, but shall not include an easement or lane.
Structure: anything that is built, constructed, or erected, located in, on, or over the ground, or attached
to something located in or over the ground.
Subdivision: a division of land, and includes a division of a quarter section into legal subdivisions as
described in the regulations made pursuant to The Land Surveys Titles Act, 2000.
Tree Nursery: the use of land for raising shrubs, trees and bedding plants for the express purpose of
commercial sale.
Units of measure: units of measure in this bylaw are metric abbreviated as follows:
m
- metre(s)
m2
- square metre(s)
km
- kilometre(s)
ha
- hectare(s)
ac
- acre(s)
ft
- foot (ft.)
Use: the purpose or activity for which a piece of land or its buildings are designed, arranged or
intended, occupied or maintained.
Vacation Farm: an operating farm which may, on a day basis or for overnight purposes, offer a farm
life experience to groups, families, or individuals and which may provide either or both of the following:
a) rental accommodation in the farm dwelling or adjacent private cabins comprising
one or more rooms furnished to enable the preparation of meals if full board is not
provided
b) a tract of land on which one or more camping, tenting or parking sites is located,
where electricity, potable water and toilet facilities are provided to the persons,
families, or groups occupying any of the sites.
Waste Disposal Facility, Liquid: a facility to accommodate any liquid waste from residential,
commercial, institutional and industrial sources, but does not include a septic system for a single
residence or farmstead, or a manure storage area for an intensive livestock operation.
Waste Disposal Facility, Solid: a facility, not including a temporary storage facility, to accommodate
discarded materials, substances or objects which originated from residential, commercial, institutional
and industrial sources which are typically disposed of in municipal or private landfills, but not including
dangerous goods, hazardous waste or biomedical waste.
Yard: the open, unoccupied space on a lot between the property line and the nearest wall of a building
and any of a site unoccupied and unobstructed by a building or structure, unless authorized in this
bylaw.
Yard, Front: that part of a site that extends across the full width of a site between the front site line and
the nearest main wall of a building or structure.
Yard, Rear: that part of a site which extends across the full width of a site between the rear site line
and the nearest main wall of a building or structure.
Zoning Bylaw for the RM of Leask No. 464
80 | P a g e
Yard, Required: the minimum yard required by a provision of this bylaw.
Yard, Side: the part of a site that extends from a front yard to the rear yard between the side line of a
site and the nearest main wall of a building or structure.