Index of Zoning Bylaw #4-2014

Rural Municipality of Three Lakes No. 400

Section 2 - Administration

2.1 Development Officer

The Rural Municipal Administrator shall be the Development Officer responsible for the administration of this Bylaw.

2.2 Application for a Development Permit

(1) Every person shall apply for a development permit before commencing any development within the municipality, except as listed in Section 2.2.1.
(2) The application shall be in the "Form A" as adopted or amended by resolution of Council.
(3) The application shall have attached a layout or site plan as required in the application form or by the Development Officer, together with any other information needed to assess the application.

2.2.1 Development Not Requiring a Permit

(1) Provided all other provisions of this bylaw (e.g. Section 3.1) are met, including the listing of the following exemptions as a permitted use in the relevant zoning District, development permits are not required for the following:

(a) Accessory Farm Uses: including all farm buildings or structures (except an Intensive Livestock Operation (I.L.O.), a dwelling or an addition to a dwelling ), which will be accessory to a lawful agricultural use or existing farmstead within the Zoning Districts (including the Environmentally Sensitive Overlay District established by this bylaw, provided the use meets the Building Setback Requirements of the relevant Zoning District;
(b) Accessory Non-farm Uses: all non-farm buildings or structures which are no more than 9.3 Sq. m. (100 sq. ft.) in size or 3m (10 ft) tall and which will be accessory to a lawful principal use within the Zoning Districts established by this bylaw, provided that: -the use meets the Building Setback Requirements of the relevant Zoning District; and -a Development Permit has been issued for the principal use on the site.
(c) Linear Public Utilities: Any operation to install, inspect, repair, or renew lines for sewers, potable water, cables, wires, tracks or similar public works as required by a public utility except where the line will cross or lie within the limits of a public road;
(d) Municipal Facilities: Any facility installed and operated by the Municipality;
(e) Signs: Subject to the provisions of Section 3.5;
(f) Petroleum or natural gas exploration wells or extraction wells are exempt only where legal and physical access to the proposed well site has been previously approved by the issuance of an R.M. permit. Related facilities such as storage batteries shall require a Development Permit.

2.3 Bylaw Interpretation

Metric distances take precedence, since Imperial distances are shown only for ease of interpretation. The Development Officer shall be responsible for Bylaw interpretation as part of the administration of this Bylaw and the Official Community Plan.

2.4 Issuing Permits

(1) Upon completion of the review of a development application, the Development Officer shall:

(a) issue a development permit for a permitted use where the application conforms to the Bylaw, incorporating any special regulations, performance standards or development standards required or authorized by this Bylaw; or
(b) issue a notice of refusal, where the application does not comply with a use provision or regulation of this Bylaw, and the applicant has been given adequate opportunity to alter the proposal to comply with the Bylaw. The notice shall state the reason for refusal; or
(c) submit the application to Council for decision, where the application is for a discretionary use.

(2) Council shall make a decision on a discretionary use, by resolution, which instructs the Development Officer to:

(a) issue a development permit incorporating any specific development standards which may be established by Council in accordance with the provisions of this Bylaw and Section 52(2) of The Planning and Development Act, 2007 (the Act); or
(b) require the applicant to provide further information regarding the proposed development or the land or which it is proposed; or
(c) issue a notice of refusal to the applicant, where the applicant has been given adequate opportunity to alter the proposal to comply with the Bylaw. The notice shall state the reason for refusal.

(3) The permit or notice shall be in "Form B" as adopted or amended by resolution of Council.
(4) All permits shall expire one year from the date of issuance, and may be extended prior to the expiry date by the Development Officer for one or more periods up to a maximum of two additional years.

2.5 Building Permits, Licences, and Compliance with Other Bylaws

(1) Nothing in this bylaw shall exempt any person from complying with a Building Bylaw, or any other bylaw in force within the municipality, or from obtaining any permission required by this, or any other bylaw of the municipality, the province or the federal government.
(2) A building permit, where required, shall not be issued by the Council or its agent for a development unless a required development permit has been issued.

2.6 Development Appeals Board

(1) Council shall appoint a Development Appeals Board in accordance with Sections 213 to 227 of the Act.
(2) On "Form B", a development permit or notice of refusal, the development officer shall advise the applicant of the rights of appeal which may be granted by the Act.

2.7 Fees, Advertising and Restrictions on Appeals

(1) Amendment of the Zoning Bylaw - Where a person requests that Council amend the zoning bylaw, that person shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment in all cases where Council chooses to proceed with such advertising. Council may choose not to proceed with the advertising if it concludes that the proposed amendment is unsuitable or unnecessary.
(2) Advertisement of a discretionary use application

(a)Prior to making a decision on a proposed discretionary use, Council, in its review of the application, shall direct the Development Officer to advertise the application to the public as described below.
The notice used in all methods described below shall meet the requirements of Part X of the Act (Public Participation). In making the direction to the Development Officer, Council shall require the Development Officer to use one or more of the following methods of advertising:

 a newspaper ad which shall run at least twice on separate dates; or
 requiring the applicant to erect a sign on the site proposed for the Discretionary Use. The size, location and duration of posting of the sign and the wording or the notice on it shall require the prior approval of the Development Officer; or
 a general mail out to all landowners in any or all Divisions of the RM; or
 a copy of the application and public notice shall be sent to each landowner whose property adjoins the subject land.
(b) The applicant shall pay to the municipality a fee equal to the costs associated with the public advertisement.

(3) Application fees - an applicant for a development permit shall pay an application fee in accordance with the fee schedule established by annual review and by means of a separate bylaw of Council. Separate fees may be charged for each type of permit (Permitted use, discretionary use, accessory use etc.) These fees shall be in addition to any fee required by subsections (1) and (2) above. The fee schedule shall not include the fee for a Development Appeal, which is regulated by Section 220 of the Act.
(4) Appeal of Refusal of Council - As described in Section 219(5) of the Act, there is no appeal of a refusal by Council to rezone an applicant’s land or to issue an approval for a proposed discretionary use or a discretionary form of development. Appeals of other decisions of Council or the Development Officer are only allowed if authorized by the Act.

2.8 Application of Overlay Zones

(1) The Overlay Districts shall be in addition to all other zones where they are applied, so that any parcel of land lying in an Overlay District shall also lie in one or more of the other zones provided for by this Bylaw. The effect is to create a new zone, which has the characteristics and limitations of the underlying zones, together with the characteristics and limitations of the Overlay District.
(2) Unless specifically exempted, the regulations, standards and criteria of the Overlay Districts shall supplement and be applied in addition to but not instead of any regulations, standards and criteria applicable to the underlying zone.
(3) In the event of conflict between the setback regulations or requirements of any Overlay District and those of the underlying zone, the overlay requirements shall apply.

2.9 Minor Variances

As required by Section 49(h) of the Act, and Section 10.7 of the OCP, Council hereby establishes the following procedure for the administration of Applications for Minor Variances which may be received pursuant to this Bylaw: (1) The Development Officer (or a person authorised by Council to act in that person’s absence) shall be responsible for accepting and processing all such completed Applications and rendering a Decision on them in accordance with the Section 60 of the Act;
(2) All such Applications must be eligible for consideration as clearly outlined in Section 60 (1) of the Act;
(3) The Application Form for a Minor Variance shall be approved by Resolution of Council;
(4) When an Appeal of a decision regarding an Application for a Minor Variance by the Development Officer has been received within the time limits established by Section 60 of the Act, no Permit may be issued in respect to the Variance until the procedures of the Act have been completed and the Development Appeals Board or the Saskatchewan Appeals Board (as the case may be) has made a final decision on the Application; and
(5) As required by Section 49 (h) of the Act, the Development Officer shall maintain a Record of Minor Variance Applications on a Form which shall be approved by Resolution of Council

2.10 Offences and Penalties

Any person who violates this bylaw is guilty of an offence and liable, on summary conviction, to the penalties set forth in the Act.

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