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2014
The Town of Oxbow
Zoning Bylaw
Bylaw No. 1063
THE TOWN OF OXBOW
BYLAW NO. 1063
THE ZONING BYLAW
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Town of
Oxbow hereby adopts The Zoning Bylaw, identified as Schedule "A" to this bylaw.
2. The Mayor and Chief Administrative Officer of the Town of Oxbow are hereby authorized to sign
and seal Schedule "A" which is attached to and forms part of this bylaw.
3. That Bylaw No. 1021, known as The Zoning Bylaw and all amendments thereto, is 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repealed.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 this
______ day of _______________, 2014
Read a second time this
______ day of _______________, 2015
Read a third time and passed this
______ day of _______________, 2015
______________________________
MAYOR
SEAL
______________________________
CHIEF ADMINISTRATIVE OFFICER
THE TOWN OF OXBOW
ZONING BYLAW
SCHEDULE "A" to BYLAW NO. 1063
______________________________
MAYOR
SEAL
______________________________
CHIEF ADMINISTRATIVE OFFICER
Town of Oxbow Zoning Bylaw No. 1063
Page | 1
Table of Contents
1.
Introduction .......................................................................................................................................... 5
1.1
Authority ....................................................................................................................................... 5
1.2
Title ............................................................................................................................................... 5
1.3
Purpose ......................................................................................................................................... 5
1.4
Scope ............................................................................................................................................. 5
1.5
Severability .................................................................................................................................... 5
2.
Definitions ............................................................................................................................................. 6
3.
Administration and Interpretation ..................................................................................................... 22
3.1
Development Officer ................................................................................................................... 22
3.2
Council ......................................................................................................................................... 22
3.3
Application for a Development Permit ....................................................................................... 22
3.4
Development Not Requiring a Permit ......................................................................................... 23
3.5
Interpretation.............................................................................................................................. 23
3.6
Comprehensive Development Reviews ...................................................................................... 23
3.7
Development Permit Procedure ................................................................................................. 24
3.8
Discretionary Use Application Procedure ................................................................................... 25
3.9
General Discretionary Use Evaluation Criteria ........................................................................... 26
3.10
Refusal of a Development Permit Application ............................................................................ 27
3.11
Development Permit Application Fees ....................................................................................... 27
3.12
Discretionary Use Application Fees ............................................................................................ 27
3.13
Fee for Zoning Amendment Applications ................................................................................... 28
3.14
Concurrent Processing of Development Permits, Building Permits and Business Licenses ....... 28
3.15
Referral Under the Public Health Act .......................................................................................... 28
3.16
Development Appeals Board ...................................................................................................... 28
3.17
Minor Variances .......................................................................................................................... 29
3.18
Non-Conforming Buildings, Uses and Sites ................................................................................. 30
3.19
Development Permit - Invalid .................................................................................................... 31
3.20
Cancellation ................................................................................................................................ 31
3.21
Stop-Work ................................................................................................................................... 31
3.22
Offences and Penalties ............................................................................................................... 31
3.23
Bylaw Compliance ....................................................................................................................... 31
3.24
Registering Interests ................................................................................................................... 31
3.25
Temporary Development Permits ............................................................................................... 32
3.26
Development Levy Agreements .................................................................................................. 32
3.27
Servicing Agreements ................................................................................................................. 32
4.
General Regulations ............................................................................................................................ 34
4.1
Licenses, Permits and Compliance with Other Bylaws and Legislation ...................................... 34
4.2
Principal Uses Established ........................................................................................................... 34
4.3
Multiple Uses .............................................................................................................................. 34
4.4
Uses Permitted in all Zoning Districts ......................................................................................... 35
4.5
Number of Principal Buildings on a Site ...................................................................................... 35
4.6
Accessory Buildings, Uses and Structures ................................................................................... 35
4.7
Front Yard Reductions ................................................................................................................. 35
4.8
Frontage for Irregular Lots .......................................................................................................... 35
4.9
Permitted Yard Encroachments .................................................................................................. 36
Town of Oxbow Zoning Bylaw No. 1063
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4.10
Grading and Leveling of Sites ...................................................................................................... 36
4.11
Height of Buildings ...................................................................................................................... 36
4.12
Heritage Properties ..................................................................................................................... 36
4.13
Signage on Natural and Human Heritage Sites ........................................................................... 36
4.14
Buffer Strips ................................................................................................................................ 36
4.15
Closings ....................................................................................................................................... 37
4.16
Satellite Dishes ............................................................................................................................ 37
4.17
Private Garages, Sunrooms, Solariums, and Greenhouses ......................................................... 37
4.18
Trailers, Box Cars, Sea and Rail Containers ................................................................................. 37
4.19
Swimming Pools .......................................................................................................................... 37
4.20
Disposal of Wastes ...................................................................................................................... 38
4.21
Solid and Liquid Waste Disposal Facilities .................................................................................. 38
4.22
Oil and Gas Well Activities .......................................................................................................... 38
4.23
Development along pipelines and Gas Transmissions ................................................................ 39
4.24
Development Along Active Railways .......................................................................................... 40
4.25
Development on Hazard Lands ................................................................................................... 40
5.
Discretionary Use Standards ............................................................................................................... 41
5.1
Home Occupations ...................................................................................................................... 41
5.2
Secondary Suites ......................................................................................................................... 42
5.3
Modular Homes .......................................................................................................................... 42
5.4
Bed and Breakfast Homes ........................................................................................................... 42
5.5
Day Care Centres and Pre-Schools .............................................................................................. 43
5.6
Adult Day Cares ........................................................................................................................... 43
5.7
Residential Care Homes .............................................................................................................. 43
5.8
Campgrounds .............................................................................................................................. 43
5.9
Wind Energy Facilities ................................................................................................................. 44
5.10
Above-Ground Fuel Storage Tanks ............................................................................................. 45
6.
Zoning Districts and Zoning Maps ....................................................................................................... 47
6.1
Zoning Districts ........................................................................................................................... 47
6.2
The Zoning District Map .............................................................................................................. 47
6.3
Boundaries of the Zoning Districts .............................................................................................. 47
6.4
Holding Provision Designation .................................................................................................... 47
7.
Residential Low Density District - R1 .................................................................................................. 48
7.1
Permitted Uses ............................................................................................................................ 48
7.2
Discretionary Uses ...................................................................................................................... 48
7.3
Site Development Regulations .................................................................................................... 48
7.4
Accessory Buildings and Structures ............................................................................................ 49
7.5
Fence and Hedge Heights ........................................................................................................... 49
7.6
Signage ........................................................................................................................................ 50
7.7
Parking ........................................................................................................................................ 50
7.8
Outside Storage........................................................................................................................... 50
7.9
Supplementary Development Standards .................................................................................... 51
8.
Residential Medium Density District - R2........................................................................................... 52
8.1
Permitted Uses ............................................................................................................................ 52
8.2
Discretionary Uses ...................................................................................................................... 52
8.3
Site Development Regulations .................................................................................................... 53
8.4
Accessory Buildings and Structures ............................................................................................ 55
Town of Oxbow Zoning Bylaw No. 1063
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8.5
Fence and Hedge Heights ........................................................................................................... 55
8.6
Signage ........................................................................................................................................ 56
8.7
Parking ........................................................................................................................................ 56
8.8
Outside Storage........................................................................................................................... 56
8.9
Supplementary Development Standards .................................................................................... 57
9.
Centre Commercial District - C1 ......................................................................................................... 58
9.1
Permitted Uses ............................................................................................................................ 58
9.2
Discretionary Uses ...................................................................................................................... 58
9.3
Site Development Regulations .................................................................................................... 59
9.4
Accessory Buildings ..................................................................................................................... 59
9.5
Signage ........................................................................................................................................ 59
9.6
Landscaping ................................................................................................................................. 60
9.7
Parking ........................................................................................................................................ 60
9.8
Supplementary Development Regulations ................................................................................. 60
10. Highway Commercial District - C2 ...................................................................................................... 62
10.1
Permitted Uses ............................................................................................................................ 62
10.2
Discretionary Uses ...................................................................................................................... 62
10.3
Prohibited Uses ........................................................................................................................... 62
10.4
Site Development Regulations .................................................................................................... 63
10.5
Accessory Buildings ..................................................................................................................... 63
10.6
Fence and Hedge Heights ........................................................................................................... 63
10.7
Parking ........................................................................................................................................ 63
10.8
Landscaping ................................................................................................................................. 64
10.9
Loading Requirements ................................................................................................................ 64
10.10 Signage ........................................................................................................................................ 64
10.11 Outside Storage........................................................................................................................... 64
10.12 Service Stations ........................................................................................................................... 65
10.13 Supplementary Development Regulations ................................................................................. 65
11. Industrial District - IND ....................................................................................................................... 67
11.1
Permitted Uses ............................................................................................................................ 67
11.2
Discretionary Uses ...................................................................................................................... 67
11.3
Site Development Regulations .................................................................................................... 68
11.4
Accessory Buildings ..................................................................................................................... 68
11.5
Fence and Hedge Heights ........................................................................................................... 68
11.6
Landscaping ................................................................................................................................. 68
11.7
Parking ........................................................................................................................................ 69
11.8
Loading Requirements ................................................................................................................ 69
11.9
Signage ........................................................................................................................................ 69
11.10 Outside Storage........................................................................................................................... 69
11.11 Service Stations ........................................................................................................................... 70
11.12 Supplementary Regulations ........................................................................................................ 70
11.13 Performance Standards .............................................................................................................. 71
12. Community Service District - CS ......................................................................................................... 73
12.1
Permitted Uses ............................................................................................................................ 73
12.2
Discretionary Uses ...................................................................................................................... 73
12.3
Site development Regulations .................................................................................................... 73
12.4
Signage ........................................................................................................................................ 74
Town of Oxbow Zoning Bylaw No. 1063
Page | 4
12.5
Parking ........................................................................................................................................ 74
12.6
Landscaping ................................................................................................................................. 75
12.7
Supplementary Regulations ........................................................................................................ 75
13. Future Urban Development - FUD ..................................................................................................... 76
13.1
Permitted Uses ............................................................................................................................ 76
13.2
Discretionary Uses ...................................................................................................................... 76
13.3
Site Development Regulations .................................................................................................... 76
13.4
Signage ........................................................................................................................................ 77
13.5
Supplementary Regulations ........................................................................................................ 77
15. Airport Development District - AP ..................................................................................................... 78
15.1
Permitted Uses: ........................................................................................................................... 78
15.2
Prohibited Uses ........................................................................................................................... 78
15.3
Height Restrictions ...................................................................................................................... 78
15.4
Site Development Regulations .................................................................................................... 78
16. Flood Hazard Overlay (FH) .................................................................................................................. 79
16.1
Defining the Area ........................................................................................................................ 79
16.2
Site Regulations in the Flood Hazard Land Areas ....................................................................... 79
16.3
Flood Proofing Regulations ......................................................................................................... 79
17. Slope Hazard Overlay (SH) .................................................................................................................. 80
15.1
Defining the Area ........................................................................................................................ 80
15.2
Site Regulations in the Erosion and Slope Hazard Area .............................................................. 80
Town of Oxbow Zoning Bylaw No. 1063
Page | 5
1.
INTRODUCTION
1.1
AUTHORITY
Under the authority by The Planning and Development Act, 2007, the Mayor and Council of the Town of
Oxbow in the Province of Saskatchewan, in open meeting, hereby enact as follows.
1.2
TITLE
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Oxbow.
1.3
PURPOSE
.1 The purpose of this Bylaw is to regulate development and to control the use of land in the Town
of Oxbow in accordance within the RM of Enniskillen and Town of Oxbow District Plan Bylaw No.
1061 and Town of Oxbow Official Community Plan Bylaw No. 1062.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of
Oxbow (herein referred to as the Town) and for the health, safety, and general welfare of the
inhabitants of Oxbow and area:
a. To minimize land use conflicts;
b. To establish minimum standards to maintain the amenity of the Town;
c. To ensure development is consistent with the physical limitations of the land;
d. To restrict development that places undue demand on the Town for services; and
e. To provide for land-use and development that is consistent with the goals and objectives of
the Town.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Town of Oxbow. All development
within the limits of the Town of Oxbow shall hereafter conform to the provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does
not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions
of this Bylaw.
Town of Oxbow Zoning Bylaw No. 1063
Page | 6
2.
DEFINITIONS
Whenever the subsequent words or terms are used in the RM of Enniskillen and Town of Oxbow District
Plan, Town of Oxbow Official Community Plan and this Bylaw, they shall have the following definition
unless the context indicates otherwise.
A
Abattoir: A facility for butchering or
slaughtering animals, and to dress, cut, inspect
meats, refrigerate, cure and manufacture by-
products.
Accessory: A building or use that:
a. Is subordinate to and serves the
principal building or principal use;
b. Is subordinate in area, mass, extent,
and purpose to the principal building or
principal use served;
c. Contributes to the comfort,
convenience, or necessity of occupants
of the principal building or assists the
principal use;
d. And is located on the same site as the
principal building or use.
Act: The Planning and Development Act 2007,
Province of Saskatchewan, as amended from
time to time.
Adjacent: Contiguous or would be contiguous if
not for a river, stream, railway, road or utility
right-or-way or reserve land; and any other land
identified in this Bylaw as adjacent land for the
purpose of notification.
Administrator: The Administrator/Chief
Administrative Officer of the Town of Oxbow.
Aggregate Resource: Mineral materials
including sand, gravel, clay, earth or mineralized
rock, including recycled concrete.
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 agriculture.
Alteration or Altered: With reference to a
building, structure or site means a change from
one major occupancy class or division to
another, or a structural change such as an
addition to the area or height, or the removal or
part of a building, or any change to the
structure such as the construction of, cutting
into or removal of any wall, partition, column,
beam, joist, floor or other support, or a change
to or closing of any required means of egress or
a change to the fixtures, equipment, cladding,
trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Ancillary Use: a secondary and subordinate use
to the principle use, which is specifically
allowed, and may include an associated building
that is specifically allowed pursuant to this
Bylaw.
Animal Clinic: A building or part thereof used by
a qualified veterinarian for the treatment of
animal health needs where animals are not kept
on the premises for surgery or kept overnight.
Animal Hospital: The premises of a veterinary
surgeon where small, large domestic animals
and livestock are treated or kept involving
surgery and the keeping of animals in outdoor
or indoor pens.
(Animal) Veterinary Clinics: A place for the care
and treatment of small animals involving
outpatient care and medical procedures
involving hospitalization, but shall not include
the keeping of animals in outdoor pens.
Apartment Block: A building containing three or
more dwelling units as herein defined, each of
which is occupied or intended to be occupied as
Town of Oxbow Zoning Bylaw No. 1063
Page | 7
a permanent home or residence as distinct from
a hotel or rooming house.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act, 2007.
Attic: That portion of a building situated wholly
or in part within the roof and which is less than
one-half story.
Automobile (Motor Vehicle): A self-propelled
passenger vehicle that usually has four wheels
and an internal-combustion engine, used for
land transport.
Auto Wrecker: An area where motor vehicles as
disassembled, dismantled or junked, or where
vehicles not in operable condition, or used parts
of motor vehicles, are stored or sold to the
general public
Awning: A structure that is mechanical and
fabricated from plastic, canvas or metal that is
spread across a frame designed to be attached
to a wall and hung above a doorway or window.
B
Basement: That portion of a building that is
partly or wholly underground.
Bed and Breakfast: A dwelling unit, licensed as
a tourist home under The Tourist
Accommodation Regulations, 1969, in which
overnight accommodation within the dwelling
unit, along with one meal served before noon,
is provided to the traveling public for a charge.
Billboard: A private free standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities
that are available from, located on, or refer to,
a site other than the site on which the sign is
located.
Buffer: A strip of land, vegetation or land use
that physically separates two or more different
land uses.
Building: A structure constructed on, in, or over
land and used for the shelter or
accommodation of persons, animals, goods, or
chattels, and includes any structure covered by
a roof supported by walls or columns.
Building, Accessory (see Accessory).
Building Bylaw: A Bylaw of the Town of Oxbow
to regulate the erection, alteration, repair,
occupancy, or maintenance of buildings and
structures.
Building Height: the vertical distance of a
building measured from the grade level to the
highest point of the roof.
Building Permit: A permit, issued under The
Building Bylaw of the Town of Oxbow,
authorizing the construction of, or the addition
to, any building but does not include a
Development Permit.
Building, Principal: A building in which is
conducted the main or primary use of the site
on which said building is situated.
Building Line, Established: The average distance
from the street line to the main wall of existing
buildings on any side of any block where more
than half the frontage of the block has been
built on.
Bulk Fuel Sales and Storage: includes land,
buildings, and structure for the storage and
distribution of fuels and oils including retail
sales or key-lock operation.
Business Support Services: Activities intended
to provide administrative, promotional or
technical support for commercial and industrial
activities.
Bylaw: The Town of Oxbow Zoning Bylaw.
Town of Oxbow Zoning Bylaw No. 1063
Page | 8
C
Campground: An area used for a range of
overnight camping experiences, from tenting to
serviced trailer sites, including accessory
facilities which support the use, such as
administration offices and laundry facilities, but
not including the use of mobile homes or
trailers on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing
outlet without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter
is open and unobstructed by a wall, door, post
or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: A cemetery or columbarium within
the meaning of The Cemeteries Act Chapter C-4,
R.S.S. 1981, as amended from time to time.
Club: A group of people organized for a
common purpose, to pursue common goals,
interest or activities, and usually characterized
by certain membership qualifications, payment
of dues or fees, regular meetings, and a
constitution and bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and
selling commodities, and supplying professional
and personal services for compensation.
Commercial/Industrial Use, Large Scale:
Commercial or Industrial land uses maintaining
a lineal frontage in excess of 90 metres (295 ft.).
Commercial/Industrial Use, Small Scale:
Commercial or Industrial land uses maintaining
a lineal frontage of less than 90 metres (295 ft.).
Community Facilities: Buildings or facilities
used for recreational, social, educational or
cultural activities and that are owned by a
municipal corporation, non-profit corporation
or other non- profit organization.
Compost: Materials used in gardening,
agriculture, landscaping, erosion control,
wetland construction, and landfill cover.
Concrete and Asphalt Plant: an industrial
facility used for the production of asphalt or
concrete, or asphalt or concrete products, used
in building or construction, and includes
facilities for the administration or management
of the business, the stockpiling of bulk materials
used in the production's process or of finished
products manufactured on the premises and
the storage and maintenance of required
equipment.
Condominium: Land, buildings, and units,
including private and common property as
defined under The Condominium Property Act.
Conservation: The planning, management and
implementation of an activity with the objective
of protecting the essential physical, chemical
and biological characteristics of the
environment.
Construction Trades: offices, shops and
warehouses, with or without retail sales for
trades associated with construction of
buildings.
Contractors Yard: The yard of a contractor or
company, including landscaping materials used
as a depot for the storage and maintenance of
equipment used by the contractor or company,
and includes facilities for the administration or
management of the business and the
stockpiling or storage of supplies used in the
business.
Convenience Store: A store offering for sale
primarily food products, beverages, 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 Town of Oxbow.
Cultural Institution: establishments such a
museums, art galleries, libraries and similar
Town of Oxbow Zoning Bylaw No. 1063
Page | 9
facilities or historical, educational or culturally
interests which are not commercially operated.
D
Day Care Centre: An establishment providing
for the care, supervision and protection of
children (or adults) but does not include the
provision or overnight supervision.
Deck: Any raised floor structure at least 0.31
metres (1 foot) above the average ground level
upon which it is constructed, either adjacent to
a building or free-standing with stairway, ramp,
or similar access.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or
over land, or making of any material change in
the use or intensity of use of any building, or
land, and shall include, but not be limited to,
excavating, filling, grading or drainage of land.
Development Officer: A person appointed by
the Town Council to act as a Development
Officer to administer this Bylaw.
Demolition Permit: A permit issued for the
removal or dismantling of a building or
structure with the Town's boundaries as
prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: A document issued by
the Council of the Town of Oxbow that
authorizes development pursuant to this Bylaw,
but does not include a building permit.
Directional Signage: Signage located off-site
providing direction to, and information about, a
specific enterprise or activity which does not
contain general advertising.
Discretionary Use: Uses or development of
land, buildings, or other structures that may be
permitted in a Zoning District only at the
discretion of Council and which conforms to all
discretionary use regulations and other
regulations applicable to the district in which
the use is located.
District Plan: The District Plan for the Town of
Oxbow and participating municipalities is
known as the RM of Enniskillen and Town of
Oxbow District plan, as outlined by Section 102
of The Planning and Development Act, 2007.
Dwelling: A building or part of a building
intended for residential occupancy.
Dwelling Unit: One or more habitable rooms
used, or fully capable of being used as a
residence, where each unit provides sleeping,
cooking and toilet facilities.
Dwelling, Duplex: (see Dwelling, Semi-
Detached).
Dwelling Group: A group of single-detached,
semi-detached, or multiple unit dwellings
clustered on one lot or site, built as one
development.
Dwelling, Multiple Unit: A building containing
three or more dwelling units and shall include
condominiums, townhouses, row houses, and
apartments as distinct from a rooming house,
hotel, or motel.
Dwelling, Semi-Detached: A building divided
vertically into two (2) dwelling units by a
common wall extending from the base of the
foundation to the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building
containing only one dwelling unit, and shall not
include a mobile home as herein defined.
Town of Oxbow Zoning Bylaw No. 1063
Page | 10
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling, designed as
one cohesive building in terms of architectural
design, which contains three (3) or more similar
attached dwelling units each of which fronts on
a street, has direct access to the outside at
grade and is not wholly or partly above another
dwelling.
Town House Dwelling
E
Educational Institution: An establishment
dedicated for the purpose of providing
education and instruction in any branch of
knowledge.
Existing: In place, or taking place, or with all
approvals and permits in place on the date of
the adoption of this Bylaw.
F
Fence: a structure used to enclose or screen
areas of land.
Fill (Clean Fill): Soil, rock or other material
approved by the Town.
Flanking: Means to the side of a lot, parcel or
site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Floodway: 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.
Flood-proofed: A measure, or combination of
structural and non-structural measures,
incorporated into the design of a structure
which reduces or eliminates the risk of flood
damage to a defined elevation.
Flood Fringe: The portion of the floodplain
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.
Floor Area: The maximum area contained
within the outside walls of a building, excluding
in the case of a dwelling, any private garage,
porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a
commercial or industrial building, any utility
room.
Frontage (Lot Frontage): The distance across
the street side of a lot (a lot must front on a
street), between the points where the side lines
of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape
and is narrowest at the front street end, the
width of the lot shall be measured parallel to
the street line at the centre of the front lot line,
and at a setback from the front lot line no
Town of Oxbow Zoning Bylaw No. 1063
Page | 11
greater than the minimum permitted building
setback.
Future Land Use Map: In its projections, the
map specifies certain areas for residential
growth and others for residential, industry,
commercial and conservation. The Future Land
Use Map for Oxbow is attached as Appendix "A"
in the Official Community Plan.
G
Garage, Private: A building or part of a building
used for or intended to be used for the storage
of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for
remuneration but does not include car washing
establishments, an auto sales lot or an
automobile service station.
Garden (Granny) Suite: A second, small,
dwelling on the site of a primary, single-family
dwelling that accommodates one or two family
members of the owner/occupants of the
primary residence and is intended to allow the
family to live independently but with the
support nearby of the extended family.
Gas Bar: A building or place where fuel and
automotive fluids are sold and may be added to
a vehicle on the property, and which may have
a convenience store and/or restaurant.
Grade: The average elevation of the natural
ground level at the walls of a building or
structure as determined by the elevation of the
four outside corners of the building.
Greenhouse, Commercial: A building for the
growing of flowers, plants, shrubs, trees and
similar vegetation that are not necessarily
transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing
of flowers, plant, shrubs, trees and similar
vegetation that are transplanted outdoors on
the same site containing such greenhouse(s),
and where greenhouse products may not be
offered for sale.
Greenways: A linear park which may
accommodate pathways principally for foot
traffic and/or bicycles. Typically, greenways are
planned along creeks or streams and managed
as natural environments, or bikeways along
landscaped roads.
Group Home: (see Personal Care Home).
H
Hazardous Industry/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 other living organisms.
Hazard(ous) Land: Land having inherent
environmental hazards; land subject to
flooding, earth movement, or slope instability,
land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations,
or other similar features.
Health Service Facility (Health Clinic): A
building or part thereof used by qualified health
service practitioners for the treatment of
human health needs.
Heritage Resource: The history, culture and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major
roadways and in other locations considered
strategic by the type of business involved
serving the needs of local residents and the
traveling public.
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
Town of Oxbow Zoning Bylaw No. 1063
Page | 12
attractions, as provided by regulations of the
Department of Highways entitled "The Erection
of Signs Adjacent to Provincial Highway
Regulations, 1986", as may be amended from
time to time.
Home Occupation (Home Based Business): An
occupation, trade, profession, or craft
customarily conducted for gain in a dwelling
unit or accessory building by the resident or
residents, which is clearly incidental and
secondary to the principal use of the site and
which does not create or become a public
nuisance as a result of noise, traffic, pollution,
or parking. Home occupations shall not occupy
more than 25% of the total finished floor area
of a dwelling unit in any Residential District.
Hotel: A building or structure or part of a
building or structure in which sleeping
accommodation with or without meals is
provided for tourists or travelers, and where a
guest register or record is kept, but does not
include a motel or rooming house.
I
Industrial Exclusionary Uses: refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment
of adjacent and nearby industrial and non-
industrial sites due to their scale, appearance,
noise, odour, emissions and hazard
potential. Such activities are considered
exclusionary when the only means of mitigating
the associated negative effects on surrounding
land uses is through spatial separation.
Exclusionary uses would include but not be
limited to the following: Landfill, Ethanol Plant,
Transformer Stations, Uranium Refineries,
Anhydrous Ammonia Storage and Distribution
Centres.
Industrial Use: The use of land, buildings or
structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage
of goods and materials.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than
transport mode coincides, i.e. highways,
railroads, airports.
Infill Development: Re-development within
existing areas or neighbourhoods.
Institutional Use: The use of land, buildings, or
structures for religious, charitable, educational,
health or welfare purposes and includes
churches, public or private schools, nursery
schools, hospitals, and special care.
K
Kennel, Boarding: The temporary
accommodation of more than four dogs, cats or
other domestic animals for commercial
purposes.
Kennel, Breeding: The keeping of domestic
animals, male and female, and which are more
than 12 months old, for breeding purposes.
Kennel, Enclosure: An accessory building or
enclosure intended to house one of more
domestic animals.
L
Landfill: A specially engineered site for
disposing of solid waste on land, constructed so
that it will reduce hazard to public health and
safety.
Landscaped Area: An area not built upon and
not used for any purpose other than as an open
space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may
contain paths, walks, patios, fences and similar
outdoor amenities, but does not include parking
areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in
the Zoning Bylaw establishing permitted and
discretionary uses of land or buildings with
attendant regulations.
Town of Oxbow Zoning Bylaw No. 1063
Page | 13
Lane: A secondary public thoroughfare
intended primarily to give access to the rear or
side of the abutting property.
Livestock: Domesticated animals used primarily
as beasts of burden or for the production of fur,
hides, meat, milk, eggs or other product, or as
breeding stock, but excluding companion
animals.
Loading Space: A space measuring at least 2.5
metres (8.20 feet) in width and 8.5 metres
(27.88 feet) in depth, located on a lot, and
having access to a street or lane, in which a
vehicle may park to load or unload.
Lot (see Site) : An area of land with fixed
boundaries on record with the Information
Services Corporation (ISC) by Certificate of Title.
For the purposes of this Bylaw the terms "lot"
and "site" shall be deemed not to mean the
same.
Lounge: A room or area adjoining a restaurant
set aside for the sale of beverage alcohol for
consumption on the premises, with or without
food, and where no area has been set aside for
dancing or entertainment, either in the lounge
or in the adjoining restaurant. The area of a
lounge may not exceed 50% or the public
assembly area in the adjoining restaurant,
subject to Provincial Regulations.
M
Manufacturing Establishment: A firm or
business engaged in the mechanical or chemical
transformation of materials or substances into
new products including the assembling of
components parts, the manufacturing of
products and the blending of materials.
Marquee: A roof-like structure of a permanent
nature which projects from the wall of a
building that is independently supported by a
system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Oxbow.
Minister: The member of the Executive Council
to whom for the time being is assigned the
administration of The Planning and
Development Act, 2007.
Mini-Storage: a commercial facility made up of
more than one unit in which customers can rent
space to store possessions.
Mixed-Use: A mix of land uses that facilitate the
mixing, rather than separation of, land uses in
one distinctive environment, either vertically in
the same building or horizontally adjacent. It is
intended to be compatible with adjacent uses.
Mobile Home: A trailer coach 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;
has facilities for washing and a water closet or
other similar facility that may be connected to a
sewage system; and that conforms to the
Canadian Standards Association Standard #
Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single
management for the placement of two or more
mobile homes and shall include all accessory
buildings necessary to the operation but does
not include an industrial or construction camp
or tourist campsite. For the purpose of this
Bylaw the terms mobile home park and mobile
home court shall be deemed to mean the same.
Mobile Home Site: An area of land in a mobile
home park that is intended to be occupied by
one mobile home and for exclusive use of its
Town of Oxbow Zoning Bylaw No. 1063
Page | 14
occupants with access to a driveway or a public
street.
Mobile Home Subdivision: Any subdivision of
land and the development thereof for the
purpose of accommodating mobile homes in
such a manner that each home is situated on its
own site, which shall contain a minimum site
area of 464.50 m ² (5000 ft ²) and in which all
such sites, public open spaces, internal streets
and lanes, buffer zones and other amenity areas
form a contiguous area of development.
Modular (Manufactured) Home: A residential
dwelling that is constructed off site in a yard or
factory, in one or more sections, transported to
a site for permanent installation on a
permanent foundation (may have a basement),
having architectural features similar to
permanent residential dwellings built on site in
the Town, and conforming to Canadian
Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision:
Any subdivision of land and the development
thereof for the purpose of accommodating
modular homes in such a manner that each
home is situated on its own site, which shall
contain a minimum site area of 464.50 m ²
(5000 ft ²), and in which all sites, public open
space, internal streets, buffer zones, and other
amenity areas form a contiguous area of
development.
Motel or Motor Hotel: A building or buildings
consisting of a number of individual rental units,
intended for the use of the traveling public,
each containing at least a bedroom and
bathroom, and each having convenient access
to a parking space for the use of the occupants
of the units and may or may not provide food
service.
Multiple-Unit Building: a building containing
two (2) or more distinct uses, each of which is
allowed in the Zoning District in which the
building is located.
Multiple Complimentary (Vertically
Integrated) Activities: the accommodation of
multiple complimentary activities which could
be considered principal permitted uses under
single or multiple ownership within one or more
buildings on a single parcel where these uses
are considered to provide additional processing
and/or the sale of manufactured goods
produced onsite.
Municipality: The Town of Oxbow.
Municipal Reserve: Dedicated lands that are
provided to a municipality for public use, or that
were dedicated as public reserve and
transferred to a Municipality pursuant to of The
Planning and Development Act, 2007.
Museum: An institution that is established for
the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the
public for its instruction and enjoyment, a
collection or artifacts of historical interest.
N
Natural Areas: An area relatively undisturbed
by human activities and characterized by
indigenous species including remnant or self-
sustaining areas with native vegetation, water,
or natural features.
Non-Conforming Use: Any use of land, building
or structure lawfully existing or under
construction where permits have been issued at
the time of the passing of this Bylaw, the use of
which does not comply with all the regulations
of this Bylaw governing the Zoning District in
which it is located.
Town of Oxbow Zoning Bylaw No. 1063
Page | 15
Noxious Use or Condition: Any use or facility
that causes or produces harmful or hazardous
noise, vapours, smoke, dust (particles
suspended in or transported by air), vibrations,
electrical or electromagnetic fields, glare, or
light.
O
Office or Office Building: A building or part of a
building used primarily for conducting the
affairs of a business, profession, service,
industry or government in which no goods or
commodities of business or trade are stored,
trans-shipped, sold or processed.
Official Community Plan (OCP): The Official
Community Plan for the Town of Oxbow Bylaw
No. 1062 as per Section 32 of The Planning and
Development Act, 2007.
Open Space: Passive and structure leisure and
recreation areas that enhance the aesthetic
quality and conserve the environment of the
community, including parks, recreation and
tourism nodes, and natural areas.
P
Parking Lot: An open area, other than a street,
used for the temporary parking of more than
four vehicles and available for public or private
use.
Parking Space: A space within a building or
parking lot for the parking of one (1) motor
vehicle including convenient access to a public
lane or street and shall be not less than 2.5
metres (8.20 feet) wide and 5.5 metres (18.04
feet) in length.
Patio: Any hard surface or floor structure less
than 0.31 metres (1 foot) above the average
ground level upon which it is constructed.
Permitted Use: The use of land, buildings or
other structures that shall be permitted in a
Zoning District where all requirements of this
Zoning Bylaw are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation,
trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom
the same can apply according to the law.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to
customer's personal and or grooming needs,
but does not include the provision of health
related services.
Places of Worship: A building set aside by any
religious organization for public worship. Typical
uses include churches, chapels, mosques,
temples, synagogues and parish halls.
Pond: Any constructed containment of water
for the purpose of landscape enhancement,
keeping ornamental fish or aquatic plants, or
for other similar purposes, but not a swimming
pool.
Principal Use: The main or primary activity, for
which a site or its buildings are designed,
arranged, developed or intended, or for which
is occupied or maintained.
Public Work: A facility as defined under The
Planning and Development Act, 2007 including a
system, work, plant, equipment, or service,
whether owned or operated by the
Municipality, or by a corporation under Federal
or Provincial statute, that furnishes any of the
following services and facilities to, or for the use
of, the inhabitants of the Town of Oxbow:
Communication by way of telephone
lines, optical cable, microwave, and
cable;
Television services;
Delivery of water, natural gas, and
electricity;
Public transportation by bus, rail, or
other vehicle production, transmission;
Collection and disposal of sewage,
garbage, and other wastes; and
Fire and Police Services.
Town of Oxbow Zoning Bylaw No. 1063
Page | 16
R
Real-Estate Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0 m² (10.76 ft²).
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling
greens, indoor and outdoor skating rinks and
curling rinks, athletic fields, golf courses, picnic
areas, swimming pools, day camps, community
centres and all similar uses, together with the
necessary and accessory building sand
structures; but does not include the racing of
animals or motorized vehicles.
Recreational Vehicle: A vehicle, such as a
camper or motor home, used for traveling and
recreational activities.
Recreational Vehicle (RV) Park: An area of land,
managed as a unit, providing short-term
accommodation for motor homes and camping
trailers, including accessory facilities such as
administration offices and laundry facilities.
Recycling Collection Depot (Neighbourhood): A
building or structure used for the collection and
temporary storage of recyclable household
material such as bottles, cans, plastic
containers, paper and paint, but shall not
include the processing of recyclable material
other than compaction; the collection and
storage of oil, solvents or other hazardous
material; or outdoor compaction or storage.
Recycling Collection Facility (Commercial): A
building or structure intended to accommodate
the collection, sorting, processing and
temporary storage of recyclable materials s that
would otherwise be considered waste. These
types of uses include outdoor processing or
storage.
Redevelopment (see infill development)
Residential Care Home: A licensed or approved
group care home governed by Provincial
regulations that provide, in a residential setting,
24 hour care of persons in need of personal
services, supervision or assistance essential for
sustaining the activities of daily living or for the
protection of the individual.
Residential Use: The use of land, buildings, or
structures for human habitation.
Restaurant: A building or part of a building
wherein food is prepared and offered for sale to
the public primarily for consumption within the
building. Limited facilities may be permitted to
provide for a take-out food function provided
that such a facility is clearly secondary to the
primary restaurant use.
Retail Store (Shop): A building or part thereof,
or a place, where goods, wares, merchandise,
substances, or articles are offered or kept for
sale or rent, and may include servicing and the
manufacture of products on site for sale on the
site so long as the gross floor area used for
manufacturing does not exceed 25% of the
gross floor area of the retail store.
Right-Of-Way: The land set aside for use as a
roadway or utility corridor. Rights of way are
purchased prior to the construction of a new
road or utility line, and usually enough extra
land is purchased for the purpose of providing
mitigative features. Sometimes road rights of
way are left vacant after the initial roadway
facility is constructed to allow for future
expansion.
Rooming House (Boarding House): A building
which contains a room or rooms for
accommodation other than a dwelling unit or
other form of accommodation defined
elsewhere in this Bylaw, where meals may or
may not be provided, with sleeping facilities
and with or without private toilet facilities.
RTM (Ready to Move) Home: A residential
dwelling that is constructed off- site in a yard or
factory to National building code and
transported as a single unit to a site for
permanent installation on a permanent
Town of Oxbow Zoning Bylaw No. 1063
Page | 17
foundation including a basement or crawl
space.
RTM (Ready to Move) Home
S
Satellite Dish: A parabolic antenna utilized for
the reception of satellite transmitted television
or radio waves.
Salvage Yard (Wrecking): A parcel of land
where second-hand, discarded or scrap
materials are bought, sold, exchanged, stored,
processed or handled. Materials include scrap
iron, structural steel, rages, rubber tires,
discarded goods, equipment, appliances or
machinery.
School: An educational facility under the
jurisdiction of a Board of Education, a college,
university, or any other school established and
maintained either wholly or partially at public
expense, whether or not the same is a boarding
school and includes any dormitory building
accessory to such school.
Sea Container: (see Shipping Container).
Secondary Suite: a self-contained dwelling unit
which is an accessory use to, and located
within, a detached building in which the
principal use is a one unit dwelling.
Self-service storage facility: a commercial
business that rents or leases storage rooms,
lockers, containers, modular storage
units and/or outdoor space, for businesses and
individuals to store and access their goods.
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile
accessories, and for the servicing and repairing
of motor vehicles essential to the operation of a
motor vehicle; but does not include an auto
body or painting shop, car sales lot, or a car
washing establishment.
Setback: The distance required to obtain the
front yard, rear yard or side yard provisions of
this Bylaw.
Location and measurement of setbacks
Shipping Container: An article of transportation
equipment, including one that is carried on a
chassis, that is strong enough to be suitable for
repeated use and is designed to facilitate the
transportation goods by one or more means of
transportation and includes but is not limited to
intermodal shopping containers, body of
transport trailer or strait truck box but does not
include a motor vehicle.
Shopping Centre: A building or group of
buildings located on one or more contiguous
and/or non-contiguous lot or site, in which
four(4) or more of the uses allowed in the
Zoning District are co-located for their mutual
benefit including the use of off-street parking
and other joint facilities.
Should, Shall or May;
Town of Oxbow Zoning Bylaw No. 1063
Page | 18
Shall is an operative word which means the
action is obligatory.
Should is an operative word which means
that in order to achieve plan objectives, it is
strongly advised that the action be taken.
May is an operative word meaning a choice
is available, with no particular direction or
guidance intended.
Sign: Any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a
piece of land and that identifies or advertises
any object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street,
thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods, products, services, organizations, of
facilities that are available from, located on, or
refer to, a site other than the site on which the
sign is located.
Sign, Canopy: a sign attached to, or painted on
an awning, canopy or freestanding canopy.
Sign, Fascia: a sign fastened to, or painted on
the wall of a building or structure in such a
manner that the wall becomes the supporting
structure for, or forms the background surface
of the sign and which does not project more
than 0.5 metres (1.64 feet) from such building
or structure.
Sign, Freestanding: sign, except a billboard,
independently supported and visibly separated
from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured
from the highest point of the sign to grade level
at the centre of the sign.
Sign, Marquee: a sign that is mounted or
painted on, or attached to an awning, canopy,
or marquee.
Sign, Off-Premises: a sign which contains any
message chosen by a person other than the
person in control of the premises upon which
the sign is located.
Sign, Projecting (Awning): A sign which is
wholly or partially dependent upon a buildings
for support and which projects more than 0.5
metres (1.64 feet) from such building. (including
Awning Signs).
Sign, Temporary: A sign which is not
permanently installed or affixed in position,
advertising a product or activity on a limited
basis.
Site: An area of land, consisting of one or more
lots consolidated under a single certificate of
title, considered as a unit devoted to a certain
use or occupied by a building or a permitted
group of buildings, and the customary
accessories and open spaces belonging to the
same.
Site Area: The total horizontal area within the
site lines of a site.
Site, Corner: A site at the intersection of two or
more public streets, or upon two parts of the
same street, the adjacent sides of which street
or streets (or, in the case of a curved corner, the
tangents at the street extremities of the side
site lines) contain an angle of not more than
one hundred and thirty-five (135) degrees. In
the case of a curved corner, the corner of the
site shall be that point on the street at the point
of intersection of the said tangents.
Site Coverage: The percentage of the site area
covered by all the buildings above the ground
level.
Site Depth: The horizontal distance between
the front site and rear site lines, but where the
front and rear site lines are not parallel the site
depth is the length of a line joining the midpoint
of such site lines.
Site, Through: A site other than a corner site,
having separate frontages on two streets. The
Town of Oxbow Zoning Bylaw No. 1063
Page | 19
front site line of a through site shall be
determined by predetermined building lines.
Site, Width: The horizontal distance between
the side boundaries of the site measured at a
distance from the front lot line equal to the
minimum front yard required for the district in
which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site
from the street; for a corner site, the shorter
line abutting a street; but in the case of a corner
site with two street lines of equal length, the
front site line shall be designated by
predetermined building lines.
Site Line, Rear: The site line at the rear of the
site, opposite the front site line.
Site Line, Side: A site line other than a front or
rear site line.
Site Plan: A plan showing the location of
existing and proposed buildings on a site in
relationship to the site lines.
Special Care Facility (Home): An
institutionalized nursing home, supervisory care
home, sheltered care home or other facility
used for the purpose of providing supervisory
care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings
or dwelling groups operated by a non-profit
corporation or public authority and used
exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of
subsidized housing, or the cohabitant spouse
and children of persons noted above.
Storey: That portion of a building, other than an
attic or basement, between the upper surface
of any floor and the upper surface of the floor
next above.
Storey, One-Half: That portion of a building
situated wholly or in part within the roof and in
which there is sufficient space to provide a
height between finished floor and finished
ceiling of between 1.6 metres (5.25 feet) and
2.3 metres (7.55 feet) over a floor area which is
not less than one-third nor more than two-
thirds of the floor area of the story next below.
Stakeholders: Individuals, groups or
organizations who have a specific interest or
"stake" in a particular need, issue situation or
project and may include members of the local
community residents, community groups or
local, provincial and federal governments.
Street: The whole and entire width of every
highway, public road, or road allowance vested
in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Strip Mall (Mini Mall): a building of not more
than 604.0 m2 (6501.61 ft2) in gross floor area in
which a minimum of three (3) and a maximum
of six (6) of the permitted or discretionary uses
of the Zoning District are located together for
their mutual benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a
building or other structure.
Structure: Anything that is built, constructed or
erected that is located on the ground or
attached to something located on, or in the
ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal
subdivision as described in the regulations
made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water
permanently located outdoors or indoors,
contained by artificial means and used and
maintained for the purpose of swimming,
wading, or diving and having a depth of 0.61
metres (2.0 feet) or more at any point.
Town of Oxbow Zoning Bylaw No. 1063
Page | 20
T
Tavern: an establishment, or portion thereof,
where the primary business is the sale of
beverage alcohol for consumption on the
premises, with or without food, and where no
live entertainment or dance floor is permitted,
subject to Provincial Regulations.
(Tele)communication Facility: A structure
situated on a non-residential site that is
intended for transmitting or receiving
television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Tourist Campground: An area of land, managed
as a unit, providing short-term accommodation
for tents, camping trailers, motor homes and
campers, including accessory facilities such as
administration offices and laundry faculties.
Town: The Town of Oxbow.
Town Administrator: The Administrator/Chief
Administrative Officer of the Town of Oxbow.
Trailer (Camping), Motor Home: Any vehicle
designed, constructed or reconstructed in such
a manner as will permit occupancy as a dwelling
or sleeping place for one or more persons,
notwithstanding that its running gear is
removed or jacked up, is used or constructed in
such a way as to enable it to be used as a
conveyance upon public streets or highways,
and includes self-propelled and non-self-
propelled vehicles.
Motor Home - Camping Trailer
Trucking Firm Establishment: The use of land,
buildings or structures for the purpose of
storing, servicing, repairing, or loading trucks,
transport trailers and/or buses, but does not
include an automobile service station,
transportation sales or rental outlets.
U
Use: The activity or purpose for which any land,
building, structure, or premises, or part thereof
is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed
for", "intended for", "maintained for", and
"occupied for".
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum
floor area of 9.29 m² (100 ft²).
V
Vehicle Repair and Maintenance Service
Indoor: includes all land uses which perform
maintenance services to motorized vehicles and
contain all operations (except vehicle storage)
entirely within an enclosed building.
Outdoor: Maintenance services have all or any
portion of their operations located outside of
an enclosed building.
W
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains
animal, mineral or vegetable matter in solution
or suspension, 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 or a
temporary storage facility, to accommodate
discarded materials, substances or objects
which originated from residential, commercial,
institutional and industrial sources which are
disposed of in municipal or private landfills, but
Town of Oxbow Zoning Bylaw No. 1063
Page | 21
not including dangerous goods, hazardous
waste or biomedical waste.
Wind Energy Conversion System: A system
composed of a wind turbine, tower and
associated control electronics with a capacity of
less than 100 kW for non-residential use or 10
kW for residential use. It will be considered an
accessory use and is intended to provide on-site
power for a principal use.
Wind Turbine: The individual component of a
Wind Energy Conversion System that converts
kinetic energy from the wind into electrical
energy, independent of the electrical
conductors, electrical storage system, electrical
metering, or electrical inverters.
Wind Turbine, Electrical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
electrical energy through electric currents.
Wind Turbine, Mechanical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
mechanical energy through motion.
Work Camp: A temporary Industrial or
Construction camp established for the purpose
of providing accommodation for employees,
and without restricting the generality of the
above, the camp is usually made up of a
number of mobile units, clustered in such a
fashion as to provide sleeping, eating and other
basic living facilities.
Y
Yard: Open, uncovered space open to the sky
on the same site with a building or structure.
Yard, Front: The area between the side site
lines and the front site line to the front building
line (See Location and measurement of setbacks
drawing).
Yard, Rear: The area between the side site lines
and the front site line to the rear building line.
(corner and interior) (See Location and
measurement of setbacks drawing).
Yard, Required: The minimum yard required by
a provision of this Bylaw and within which,
unless specifically permitted, no building or
structure, or part of a building or structure shall
be erected.
Yard, Side: The area between the front and rear
yards and between the side site line and the
side building line (See Location and
measurement of setbacks drawing).
Town of Oxbow Zoning Bylaw No. 1063
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3.
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
.1 The Town Chief Administrative Officer (CAO) of the Town of Oxbow shall be the Development
Officer responsible for the administration of this Bylaw and in their absence by such other
employee of the Municipality as the Council designates from time to time.
.2 The Development Officer shall:
a. Receive, record, and review development permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, development permit conditions, and development and servicing agreements;
b. Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning maps
and amendments, and ensure that copies are available to the public at a reasonable cost;
c. Make available, for public inspection during office hours, a register of all development
permits and subdivision applications and decisions;
d. Collect development fees, according to the fee schedule established in this Bylaw or any
other Development Fee Bylaw adopted by the Town; and
e. Perform other duties as determined by Council.
.3 The Development Officer shall be empowered to make a decision regarding a Development
Permit application for a "Permitted Use."
3.2
COUNCIL
.1 Council shall make all decisions regarding Discretionary uses, Development and Servicing
Agreements, and Zoning Bylaw amendments.
.2 Council shall make a recommendation regarding all subdivision applications circulated to it by
Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister.
.3 Council shall act on discretionary use, re-zoning, and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
the RM of Enniskillen and Town of Oxbow District Plan.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
.1 Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principal or accessory use development, including a public utility use,
every developer shall:
a. Complete and submit a Development Permit application; and
b. Receive a Development Permit for the proposed development.
.2 A Development Permit shall not be issued for any use in contravention of any of the provisions
of this Bylaw and the RM of Enniskillen and Town of Oxbow District Plan.
.3 Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no
development or use shall commence without a Development Permit first being obtained.
Town of Oxbow Zoning Bylaw No. 1063
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3.4
DEVELOPMENT NOT REQUIRING A PERMIT
.1 Residential Zoning District
a. Buildings and structures under 9.0 m² in area, which are accessory to a principal, residential
use except where such dwelling is a discretionary use.
b. The television antennae or radio antennae.
c. Relocation of any residential or accessory building provided development standards are still
met on the site.
.2 Commercial Zoning District
a. Buildings and structures that are accessory to a permitted, principal, commercial use, except
where such use is discretionary.
b. A temporary building, the sole purpose of which is incidental to the erection or alteration of
a building for which a building permit has been granted.
.3 Official Uses
a. Residential Buildings
Internal alterations to a residential building, provided that such alterations do not result in a
change of use or an increase in the number of dwelling units within the building or on site;
b. All Other Buildings
Internal alterations and maintenance to other buildings, including mechanical or electrical
work, provided that the use, or intensity of use of the building, does not change.
3.5
INTERPRETATION
.1 Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
.2 All Bylaw requirements shall be based on the stated metric units. The imperial units shown in
this Bylaw shall be approximate guidelines only.
3.6
COMPREHENSIVE DEVELOPMENT REVIEWS
.1 A Comprehensive Development Review shall be completed prior to consideration of an
application by Council by any person proposing to rezone land for multi-parcel (greater than 4
parcels) residential, commercial or industrial purposes. The purpose of this review is to identify
and address social, environmental, health and economic issues and to encourage the
development of high quality residential, commercial, and industrial developments. The scope
and required detail of the comprehensive development review will be based on the scale and
location of the proposed development, and address the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the
Municipality;
Town of Oxbow Zoning Bylaw No. 1063
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e. Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant
natural areas; and
f. Appropriate information specific to the particular land use (residential, commercial or
industrial).
.2 The Comprehensive Development Review must be prepared in accordance with the overall goals
and objectives of the RM of Enniskillen and Town of Oxbow District Plan. Council shall not
consider any development application until all required information has been received. The
responsibility for undertaking all technical investigations and hosting public meetings as
required shall be borne solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
.1 Where an application for a Development Permit is made for a permitted or accessory use in
conformity with this Bylaw, The Planning and Development Act, 2007 and all other municipal
Bylaws, the Development Officer shall issue a Development Permit.
.2 As soon as an application has been made for a Development Permit and prior to making a
decision, the Development Officer may refer the application to whichever government agencies,
the District Planning Commission, or interested groups Council may consider appropriate. The
Development Officer may also require the application to be reviewed by planning, engineering,
legal, or other professionals, with the cost of this review to be borne by the applicant.
.3 A copy of all approved Development Permit applications, involving the installation of water and
sanitary services, shall be sent to the local District Health Region.
.4 Upon approval of a permitted or accessory use, the Development Officer shall issue a
Development Permit under such terms and development standards specified by the RM of
Enniskillen and Town of Oxbow District Plan and this Bylaw.
.5 The applicant shall be notified in writing of the decision of their application. The applicant shall
be advised of their right to appeal a decision to the Development Appeals Board on a permitted
or accessory use application and any terms and conditions attached to an application.
.6 A Building Permit, where required, shall not be issued unless a Development Permit has been
issued, or is issued concurrently.
.7 A Development Permit is valid for a period of twelve months unless otherwise stipulated when
the permit is issued.
.8 Where the Development Officer determines that a development is being carried out in
contravention of any condition of the RM of Enniskillen and Town of Oxbow District Plan or any
provision of this Bylaw, the Development Officer shall suspend or revoke the Development
Permit and notify the permit holder that the permit is no longer in force.
.9 Where the Municipality is satisfied that a development, the permit for which has been
suspended or revoked, will be carried out in conformity with the conditions of the permit and
Town of Oxbow Zoning Bylaw No. 1063
Page | 25
the requirements of this Bylaw the Municipality may reinstate the Development Permit and
notify the permit holder that the permit is valid and in force.
.10 Any lands within any flood or slope hazard areas, as identified in Section 4.25, shall require a
report to assess the hazard land is suitable for development.
3.8
DISCRETIONARY USE APPLICATION PROCEDURE
.1 The following procedures shall apply to discretionary use applications:
a. Applicants must file with the Development Officer: the prescribed application form, a site
plan, any other plans and supplementary information as required by the Development
Officer and pay the required application and public hearing fees.
b. The application will be examined by the Development Officer for conformance with the RM
Enniskillen and Town of Oxbow District Plan, this Bylaw, and any other applicable policies
and regulations and shall advise the Council as soon as practical.
c. At least seven days before the application is to be considered by Council, the Development
Officer will give notice by regular mail that the application has been filed to all assessed
owners of property within 75 meters (246 ft.) of the boundary of the applicant's land and
provide notification of an upcoming public hearing and an opportunity for them to provide
written comment on the proposal.
d. Council may refer the application to whichever government agencies or interested groups
including the District Planning Commission, as Council may consider appropriate. Council
also may require the application to be reviewed by planning, engineering, legal, or other
professionals, with the cost of this review to be borne by the applicant.
e. Council shall consider the application together with the criteria of the discretionary use
contained in Section 5, and in the specific Zoning District and any written or verbal
submissions received by Council.
f. Council may reject the application or approve the application with or without conditions,
including a condition limiting the length of time that the use may be conducted on the site.
g. The applicant shall be notified of Council's decision by regular mail addressed to the
applicant at the address shown on the application form.
.2 Discretionary uses, discretionary forms of development, and associated accessory uses shall
conform to the development standards and applicable provisions of the Zoning District in which
they are located.
.3 In approving a discretionary use application, Council may prescribe specific development
standards with respect to that use or form of development, provided those standards are
necessary to secure the following objectives:
a. The proposal, including the nature of the proposed site, the size, shape and arrangement of
buildings, and the placement and arrangement of lighting and signs, must be generally
compatible with the height, scale, setbacks and design of buildings in the surrounding area,
and with land uses in the general area, including safeguards to prevent noise, glare, dust, or
odour from affecting nearby properties;
Town of Oxbow Zoning Bylaw No. 1063
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b. The proposal must provide adequate access and circulation for the vehicle traffic generated,
as well as providing an adequate supply of on-site parking and loading spaces;
c. The proposal must provide sufficient landscaping and screening, and, wherever possible,
shall preserve existing vegetation.
.4 Council may approve a discretionary use application for a limited time period where it is
considered important to monitor and re-evaluate the proposal and its conformance with the
provisions of this Bylaw.
.5 Upon approval of a discretionary use by resolution of Council, the Development Officer shall
issue a Development Permit for the discretionary use at the location and under such terms and
development standards specified by Council in its resolution.
.6 Council's approval of a discretionary use application is valid for a period of twelve (12) months
from the date of the approval. If the proposed use or proposed form of development has not
commenced within that time, the approval shall no longer be valid. The Development Officer
shall advise the applicant and Council when a prior approval is no longer valid.
.7 The applicant shall be notified in writing of the decision of their application. The applicant shall
be advised of their right to appeal any terms and conditions attached to a discretionary use
application to the Development Appeals Board.
3.9
GENERAL DISCRETIONARY USE EVALUATION CRITERIA
Council will apply the following general criteria, and where applicable, the specific criteria found in the
respective Zoning District, in the assessment of the suitability of an application for a discretionary use or
discretionary form of development.
.1 The proposal must be in conformance with all relevant sections of the Official Community Plan
and must demonstrate that it will maintain the character, density, and purpose of the zoning
district, where necessary through the provision of buffer areas, separation and screening.
.2 The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilizes and community facilities.
.3 The proposal must demonstrate that it is not detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity or injurious to property,
improvements or potential development in the vicinity.
.4 The proposal must provide sufficient landscaping and screening, and, wherever possible, shall
preserve existing vegetation.
.5 No new or expanded discretionary uses shall be located in the 1:500 flood evaluations or on
hazard lands without appropriate studies completed by qualified professionals with
accompanying mitigating measures.
.6 The proposal must demonstrate that any additional traffic generated by the use, can be
adequately provided for in the existing parking and access arrangements. Where this is not
Town of Oxbow Zoning Bylaw No. 1063
Page | 27
possible further appropriate provisions shall be made so as to ensure no adverse parking or
access effects occur.
.7 Consideration will be given to the presence of activities already located in the area and on the
site, and their effect on the surrounding residential environment, such as the cumulative effect
of locating an activity on a site adjacent to or already accommodating an activity that may
currently generate traffic, noise, etc. not in keeping with the character of the adjacent area.
.8 Consideration will be given to addressing pedestrian safety and convenience both within the
site, and in terms of the relationship to the road network in and around the adjoining area.
.9 All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour which govern their operation and development.
.10 Proposals for discretionary uses which may result in heavy truck traffic, particularly in
commercial and industrial districts, should be located to ensure that such traffic takes access to
or from major streets or designated truck routes.
3.10 REFUSAL OF A DEVELOPMENT PERMIT APPLICATION
.1 An application for a Development Permit shall be refused if it does not comply with all Zoning
Bylaw requirements.
.2 The reasons for a Development Permit refusal shall be stated on the refused Development
Permit application.
.3 Where an application for a Development Permit has been refused, the Council (in the case of a
proposed discretionary use) or, of the Development Officer (in all other cases), may refuse to
accept another application for the same or a similar development on the same site, until six (6)
months from the date of the approving authority's decision. The Development Officer shall not
accept another application for the same development until six (6) months have passed from the
date of a refusal by either the local Development Appeals Board or the Saskatchewan Municipal
Board.
.4 The applicant shall be notified of the right to appeal a decision to refuse an application to the
local Development Appeals Board in accordance with the requirements of The Planning and
Development Act, 2007.
3.11 DEVELOPMENT PERMIT APPLICATION FEES
.1 To applicant seeking the approval of a Development Permit application shall pay the fee as
outlined in the Development Fee Schedule of the Town of Oxbow.
.2 There shall be no Development Permit application fee for accessory buildings to a residential
use, sign permits, licenses for home occupations, or other forms of business licenses.
3.12 DISCRETIONARY USE APPLICATION FEES
.1 An applicant seeking a discretionary use approval shall pay the fee as outlined in the
Development Fee Schedule of the Town of Oxbow.
Town of Oxbow Zoning Bylaw No. 1063
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.2 The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the
Municipality a fee equal to the costs associated with the public advertisement.
3.13 FEE FOR ZONING AMENDMENT APPLICATIONS
.1 When an application is made to Council for an amendment to this Bylaw, the applicant making
the request shall bear the actual cost of advertising such zoning amendment as permitted by
The Planning and Development Act, 2007. Council also may require the applicant to pay all costs
incurred in a professional review of the application and in carrying out a public hearing.
3.14 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES
.1 A Building Permit, where required, shall not be issued unless a Development Permit has been
issued, or is issued concurrently. 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.
3.15 REFERRAL UNDER THE PUBLIC HEALTH ACT
.1 The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation of
water and sanitary services, should such information be requested by Provincial officials under
the Public Health Act and Regulations.
.2 The Development Officer, in conjunction with the Sun Country Health Region shall determine
the suitability of a parcel proposed for subdivision to accommodate a private sewage treatment
system with the subdivision review process. The review process indicates the level of
assessment required and upon this determination provides the submittal requirements as well
as identifies the qualifications required for the site assessor.
.3 All submissions required are the responsibility of the developer. The final review of a subdivision
will not be completed prior to the receipt and evaluation of all required information by the
Development Officer, the District Health Region and any other relevant agency deemed
necessary by the Municipality.
3.16 DEVELOPMENT APPEALS BOARD
.1 Council shall appoint a Development Appeals Board consisting of at least three members, to
hear and determine appeals, in accordance with Section 213 to 227 inclusive, of The Planning
and Development Act 2007.
.2 Right of Appeal
a. In addition to any other right of appeal provided by The Planning and Development Act,
2007, and any other Act, a person affected may appeal to the Board if there is:
Town of Oxbow Zoning Bylaw No. 1063
Page | 29
i. Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii. A refusal to issue a development permit because it would contravene the zoning bylaw;
iii. An issuance of a written order from the Development Officer.
b. There is no appeal pursuant to 3.16.2.a.ii if a development permit was refused on the basis
that the use in the Zoning District for which the development permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity that has not been approved by
resolution by Council; or
iii. Is a prohibited use.
c. Appellants may appeal where they are of the opinion that development standards
prescribed by Council with respect to a discretionary use exceed those necessary to secure
the objectives of the Zoning Bylaw.
d. An appellant shall make the appeal pursuant to 3.16.2.a within 30 days after the date of the
decision.
e. The Development Officer shall make available to all interested persons copies of the
provisions of The Planning and Development Act, 2007, respecting decisions of the
Development Officer and right of appeal.
3.17 MINOR VARIANCES
.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a. A minor variance may be granted for the following only:
i.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be 10% variation from the requirements of
this Bylaw.
c. The development must conform to all other requirements of this Bylaw.
d. The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e. No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act, 2007.
f. Minor variances shall be granted only in relation to residential properties.
.2 An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee as outlined in the Development Fee
Schedule of the Town of Oxbow.
.3 Upon receipt of a minor variance application the Development Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions on the approval; or
c. Deny the minor variance.
Town of Oxbow Zoning Bylaw No. 1063
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.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
.6 Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
.7 A decision to approve a minor variance, with our without terms and conditions, does not take
effect:
a. In the case of a notice sent by regular mail, until 23 days from the date the notice was
mailed; or
b. In the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
.8 If an assessed owner of a property having an adjoining property with the applicants land objects
to the minor variance in writing to the Development Officer within the prescribed time period,
the approval is deemed to be revoked and the Development Officer shall notify the applicant in
writing:
a. Of the revocation of the approval; and
b. Of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
.9 If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that
decision.
.10 The Development Officer shall maintain a record of all minor variance applications.
3.18 NON-CONFORMING BUILDINGS, USES AND SITES
.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of Section
88 to 93 inclusive, of The Planning and Development Act, 2007.
.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
.3 No existing use, building or structure shall be deemed to be nonconforming by reason only of
the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
Town of Oxbow Zoning Bylaw No. 1063
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3.19 DEVELOPMENT PERMIT - INVALID
.1 A Development Permit shall be automatically invalid and development shall cease, as the case
may be:
a. If the proposed development is not commenced within the period for which the Permit is
valid;
b. 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;
c. When development is undertaken in contravention of this bylaw, the Development Permit
and specified development standards; or
3.20 CANCELLATION
.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.
3.21 STOP-WORK
.1 The Development Officer may authorize action to stop any development which does not
conform to this Bylaw, a development or servicing agreement, a Development Permit or
condition, or an Interest Registered with ISC under this Bylaw.
3.22 OFFENCES AND PENALTIES
.1 Any person who violates this Bylaw may be charged and liable on summary conviction to the
penalties in The Planning and Development Act, 2007.
3.23 BYLAW COMPLIANCE
.1 Errors and/or omissions by any person administering or required to comply with the provisions
of this Bylaw do not relieve any person from liability for failure to comply with the provisions of
this Bylaw.
3.24 REGISTERING INTERESTS
.1 As per Section 175 of The Planning and Development Act, 2007 the Municipality may register an
interest based on a development levy agreement or servicing agreement in the land registry
against the affected title.
.2 On registration of an interest based on a development levy agreement or servicing agreement,
the rights and privileges in the development levy agreement:
a. Ensure to the benefit of the municipality; and
Town of Oxbow Zoning Bylaw No. 1063
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b. Run with the land and are binding on the registered owner of the land the registered
owner's heirs, executors, administrators, successor and assigns.
3.25 TEMPORARY DEVELOPMENT PERMITS
.1 The Development Officer may issue a Temporary Development Permit, with specified conditions
for a specified period of time, to accommodate developments incidental to approved
construction, temporary accommodation, or temporary gravel operations or asphalt plants.
.2 Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or
structure for a construction camp, work camp, tool shed, scaffold, or other building or structure
incidental to and necessary for construction work on the premises, but only for so long as such
use, building, or structure is necessary for such construction work as has not been finished or
abandoned.
.3 Except in the Agricultural District, buildings or structures shall not include a mobile home or
motor home as temporary uses.
3.26 DEVELOPMENT LEVY AGREEMENTS
.1 Council may pass a development levy bylaw pursuant to Section 169 to 170 of The Planning and
Development Act, 2007, to establish development levies to recover the capital costs of services
and facilities.
.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is
necessary to do so, the Council or Development Officer may require the development permit
applicant to enter into a development levy agreement with the Municipality respecting the
payment of the development levies.
3.27 SERVICING AGREEMENTS
.1 Where a development proposal involves subdivision, Council may require a developer to enter
into a servicing agreement to ensure appropriate servicing pursuant to The Planning and
Development Act, 2007. Council may direct the Administration to vary the agreement on a case-
by-case basis, or not require it.
.2 In accordance with Section 172 to 176 inclusive of the The Planning and Development Act, 2007,
the agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and
laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area grading and levelling of land,
street name plates, connecting and boundary streets, landscaping of parks and boulevards,
public recreation facilities, or other works that Council may require, including both on-site
and off-site servicing;
b. The payment of fees that the Council may establish as payment in whole or in part for the
capital cost of providing, altering, expanding or upgrading sewage, water, drainage and
other utility services, public highway facilities or park and recreation space and facilities
Town of Oxbow Zoning Bylaw No. 1063
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located within or outside the proposed subdivision and that directly or indirectly serve the
proposed subdivision.
Town of Oxbow Zoning Bylaw No. 1063
Page | 34
4.
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
.1 In their interpretation and application, the provisions of this Bylaw shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, and general
welfare.
.2 Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building regulation Bylaw or any other Bylaw in force within the Town of Oxbow or law within
the Province of Saskatchewan or Canada; or from obtaining any license, permission, permit,
authority, or approval required by this or any other Bylaw of the Town of Oxbow or any law of
the Province of Saskatchewan or Canada.
.3 Where requirements in this Bylaw conflict with those of any other Municipal, Provincial, or
Federal requirements, the Provincial or Federal requirements shall prevail.
4.2
PRINCIPAL USES ESTABLISHED
.1 In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
.2 Only one (1) principal building shall be permitted on any one site except for the following uses
which may have more than one principal building to accommodate the use:
a. Public utility uses;
b. A private institution;
c. A multi-parcel residential use;
d. An Agricultural use;
e. Commercial or industrial uses;
f. Uses allowed in a Contract Zoning agreement.
.3 Temporary Uses may be permitted on a site where a principal development already exists, at
Council's discretion.
.4 Council may, at its discretion, issue a Development Permit for additional principal
developments, uses or businesses in Commercial and Industrial Zones.
4.3
MULTIPLE USES
.1 Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used
for more than one purpose, all provisions of this Bylaw relating to each use shall be complied
with, though no dwelling shall be located within 3.0 meters (approximately 10 feet) of any other
building on the site except to a building accessory to such dwelling. Accessory dwellings units
attached behind, or located on top of a commercial use are exempt from this requirement.
Town of Oxbow Zoning Bylaw No. 1063
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4.4
USES PERMITTED IN ALL ZONING DISTRICTS
.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
.2 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal,
or any sign or notice of any local or other government department or authority.
.3 Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures,
or the installation of other facilities, essential to the operation of public works.
4.5
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
.1 Only one principal building shall be permitted on any one site except for the following: parks,
schools, hospitals, recreation facilities, special care homes, senior citizen homes, and approved
dwelling groups (e.g. duplex, fourplex, apartments) and condominium developments. All other
uses and buildings on the site must be accessory.
.2 Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal
building under this Bylaw, and all other uses and buildings on the site must be accessory.
4.6
ACCESSORY BUILDINGS, USES AND STRUCTURES
.1 Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principal use which is permitted or
discretionary use in that same district, and for which a development permit has been issued.
.2 No accessory building may be constructed, erected or moved on to any site prior to the time of
construction of the principal building to which it is accessory.
.3 Where a building on a site is attached to a principal building by a solid roof or by structural
rafters, and where the solid roof or rafters extend at least one third of the length of the building
wall that is common with the principal building, the building is deemed to be part of the
principal building.
4.7
FRONT YARD REDUCTIONS
.1 Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is
situated between two sites each of which contains a principal building which projects beyond
the standard required front yard depth, the front yard required on said site may be reduced to
an average of the two established front yards on the adjacent sites; but not be less than 4.5
meters (15 feet) in a Residential district unless otherwise permitted in this Bylaw.
4.8
FRONTAGE FOR IRREGULAR LOTS
.1 Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage
shall be 11.0 meters (36 ft.) and the mean site width shall not be less than the minimum
frontage for regular sites in the same Zoning District.
Town of Oxbow Zoning Bylaw No. 1063
Page | 36
4.9
PERMITTED YARD ENCROACHMENTS
.1 The following yard encroachments shall be permitted:
a. Uncovered and open balconies, terraces, verandas, decks, and patios shall be within the
required setback requirements;
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
projections which comply with the National Building Code.
4.10 GRADING AND LEVELING OF SITES
.1 Every development shall be graded and leveled at the owner's expense to provide for adequate
surface drainage that does not adversely affect adjacent property, or the stability of the land:
a. All excavations or filling shall be re-vegetated immediately after other construction activities
conclude, with a suitable ground cover as may be necessary to prevent erosion;
b. All vegetation and debris in an area to be re-graded or filled must be removed from the site
prior to site grading and leveling;
c. All topsoil from an area that is to be re-graded must be stripped, stockpiled and replaced on
the re-graded area, or re-located to a site approved by Council.
4.11 HEIGHT OF BUILDINGS
.1 Where a maximum height of buildings is specified in any Zoning District, the maximum height
shall be measured from average grade level to the highest point on the building exclusive of any
chimney or antenna.
4.12 HERITAGE PROPERTIES
.1 Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act. Provincial designations
are afforded special protection, and any alterations and development must be reviewed and
approved by the Heritage Programs of the Province of Saskatchewan.
4.13 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
.1 Small plaques, markers, and interpretation signs will be encouraged on properties that have
significant natural or human heritage resources, with the approval of the owner, and where the
signage is appropriate in scale, design, and placement with the site and surrounding area, and
does not cause safety concerns or negatively impact the heritage value of the site.
4.14 BUFFER STRIPS
.1 Buffer strips are intended to improve land use compatibility and environmental quality by
reducing noise, lighting glare and other nuisances. Buffer strips may be required to separate
uses from adjacent properties, in which the approval authority will determine the size and
width.
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4.15 CLOSINGS
.1 In the event a dedicated street or lane shown on the Zoning District Map forming part of this
Bylaw is closed, the property formerly in such street or lane is included within the Zoning District
of the adjoining property on either side of such closed street or lane. If a closed street or lane is
the boundary between two or more different Zoning District, the new district boundaries shall
be the former centre line of the closed street or lane.
4.16 SATELLITE DISHES
.1 Satellite dishes in excess of 1.0 meters (3.3 ft.) in diameter shall not be located in any front or
side yard, and shall not be permitted to be erected on the roof of any principal building that is
located within a Residential District that is less than three (3) storeys in height.
.2 Satellite dishes located in Residential Districts, which exceed 1.0 (3.3 ft.) in diameter shall only
be erected on the roof on an accessory building if said accessory building is located entirely
within a rear yard; and
.3 Satellite dishes may be erected in Commercial or Industrial for communications purposes or re-
broadcasting of television signals.
4.17 PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES
.1 Private garages, carports, sunrooms, solariums and greenhouses attached to main buildings by a
substantial roof structure shall be considered as part of the main buildings and shall be subject
to the regulations for the main building.
4.18 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
.1 No person shall park or store on any part of a site, any unlicensed vehicles or sea container,
truck, bus or coach body for the purpose of advertising or warehousing within any Zoning
District.
4.19 SWIMMING POOLS
.1 Notwithstanding anything contained in this Bylaw, a swimming pool is an accessory use to a
permitted use in any Residential or Highway Commercial District, and shall be located in the side
or rear yard of any lot/site if:
a. No part of such pool is located closer to any lot or street line than the minimum distance
required for the principal building located on such lot; and,
b. The maximum height of such pool is 1.2 meters (4 feet) above the average finished grade
level of the ground adjoining the pool and to within 4.5 meters (15 feet) of such pool; and,
c. Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 meters (5.9
feet) in height and not more than 10 cm from the ground, and located at a distance of not
less than 1.5 meters (5 feet) from the pool; and,
d. Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
Town of Oxbow Zoning Bylaw No. 1063
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.2 Any deck attached or structure, other than a dwelling, required for changing clothing or for
pumping or filtering facilities, or other similar accessory uses shall comply with the provisions in
the applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory buildings.
4.20 DISPOSAL OF WASTES
.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal
of any waste material or used item, and except as permitted by these Acts and Regulations, no
liquid, solid, or gaseous wastes shall be allowed to be discharged into any steam, creek, river,
lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the
surface of any land, or into the air.
.2 No development or use of land which requires solid or liquid waste disposal facilities shall be
permitted unless those facilities are approved by Saskatchewan Health and the Saskatchewan
Water Security Agency. Disposal of liquid, solid, or gaseous waste shall be governed by Acts
administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health
and the Saskatchewan Water Security Agency.
4.21 SOLID AND LIQUID WASTE DISPOSAL FACILITIES
.1 Municipal and commercial solid or liquid waste disposal facilities are subject to the following
conditions:
a. The facility will be located as near as practical to the source of waste;
b. The facility will have undergone satisfactory review as required by Provincial Authorities for
environmental assessment and operational design;
c. The facilities will be located at least 300 meters (984 feet) for liquid waste, and 457 meters
(1500 feet) for solid waste from any residence or recreational use;
d. The development of any new disposal sites shall take into consideration seasonal winds;
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 an all-weather road; and,
g. Council may apply special standards for screening, fencing and reclamation of the site.
4.22 OIL AND GAS WELL ACTIVITIES
.1 The Municipality may apply special standards as outlined in The Municipalities Act, 2005, to
protect the municipal interest when transportation, utility, and pipeline facilities cross Municipal
roads, or when seismic activity is proposed on roads or road allowance.
.2 To minimize conflict between natural resource extraction, or oil and gas operations and
surrounding land uses, no development shall be approved within 125 meters (410 feet) of an
existing, proposed, abandoned, or reclaimed well or facility as defined by the Oil and Gas
Conservation Regulations, 2012.
a. The Minister may approve development less than, or greater than, the required setback,
depending on specific circumstances.
Town of Oxbow Zoning Bylaw No. 1063
Page | 39
.3 Permanent structures or other improvements (including all temporary structures) are to be
placed at a minimum of 45.7 meters (150 feet) from the centre of the road and a minimum of
91.4 meters (300 feet) from the centre of the road at intersections.
4.23 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSIONS
.1 Any development involving pipeline and/or power line 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. Refer to "Land Use Planning for
Pipelines publication by Canadian Standards Association (CSA) PLUS663", which may be
amended from time to time.
.2 Setbacks from pipelines, for buildings or structures, shall be 12.0 meters (39 feet) except for
where provisions have been made in the previous bylaw or in consultation with the operator of
the pipeline, a lesser separation may be allowed.
.3 The National Energy Board has designated a "no disturbance" review area of 30.0 meters (98
feet) on either side of a pipeline in which, subject to exceptions for such things as normal
agricultural activities, anyone proposing to conduct a ground disturbance/excavation must:
a. Ascertain whether a pipeline exists;
b. Notify the pipeline company of the nature and schedule of the excavation; and,
c. Conduct the excavation in accordance with such regulations.
.4 The following Figures provide the setbacks required by the Canadian Standards Association.
Source: Land Use Planning for Pipelines publication by Canadian Standards Association (CSA) PLUS663.
Land Use Areas
.
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Page | 40
Example Land Uses along a Pipeline Corridor
4.24 DEVELOPMENT ALONG ACTIVE RAILWAYS
.1 Setbacks from active railways, for buildings or structures, shall be 30.0 meters (98 feet) except
for where provisions have been made in consultation with the operator of the railway, a lesser
separation may be considered.
.2 Setback distances will be measured from the mutual property line to the principal building face.
4.25 DEVELOPMENT ON SLOPE HAZARD LANDS
.1 For the purpose of this Bylaw, the area considered presenting potential erosion and/or slope
instability hazard includes, though is not limited to, the slopes of the lakes and any tributary
creeks and gullies extending from the edge of the flood plain in the valley, to the ridge of the
slope at the top. These potential areas have been mapped as Slope Hazard Overlay on the
Zoning District Map.
.2 Additional regulations for development on these lands are provided for in Section 17 of this
Bylaw.
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5.
DISCRETIONARY USE STANDARDS
Discretionary use standards apply in addition to any standards of the Zoning District when discretionary
uses are being considered by Council. These standards may relate to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent properties;
The number of parking stalls related to the development;
Location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce disruption of traffic flows on
adjacent roadways;
Control of noise, glare, dust and odour; and
Landscaping, screening and fencing to buffer adjacent properties.
The size, shape, and arrangement of buildings, and the placement and arrangement of lighting
and signs;
Prescribed specified time limits for a use that is intended to be temporary or to allow Council to
monitor the impact of a use on surrounding development; and
Intensity of use.
5.1
HOME OCCUPATIONS
Home occupations (home-based businesses) are subject to the following conditions:
Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principal residential use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provide services or products that would detrimentally
affect the viability of the neighborhood.
One home occupation shall be allowed per dwelling unit. Home occupations shall be conducted
entirely within the dwelling or accessory building.
One advertising display shall be allowed on the site or premise from which the home occupation
is conducted. No LED or neon signs shall be allowed.
There shall be no exterior display or store of any merchandise or material relating to the home
occupation.
No equipment or process used in the home occupation shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property line of the lot where
the home occupation or business is located.
Up to two (2) persons other than a resident of the dwelling unit may be engaged in any home
occupation as an employee or a volunteer.
Parking: The home occupation shall not cause or add to on-street parking congestion or cause
an increase in traffic through residential zones.
o No more than one business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation.
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o Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
Council may require home occupations to obtain a business permit. Home occupations are
subject to the condition that the permit may be revoked at any time if, in the opinion of Council,
the use is or has become detrimental to the amenities of adjoining properties and the
neighborhood.
5.2
SECONDARY SUITES
Secondary suites may be constructed within a principal, single-detached dwelling in a residential
zone. Only one secondary suite is permitted on each residential site.
Secondary suites must be located within the principal dwelling and must have a separate
entrance from the principal dwelling either from a common indoor landing or directly from the
exterior of the building. Secondary suites must contain cooking, eating, living, sleeping and
sanitary facilities.
Secondary suites may not exceed 60 m2 (645 ft2) or 35% of the total floor space, including
basements, and may not have more than two bedrooms.
5.3
MODULAR HOMES
All modular homes shall be placed on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
i.
All modular homes shall be multi-modular, with the width approximately equivalent to the
length;
ii.
All modular homes shall complement nearby dwellings;
Modular homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
All other requirements of this Bylaw apply.
5.4
BED AND BREAKFAST HOMES
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence.
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
Only one sign, not exceeding 1.0 m² (10.76 ft²) advertising the vacation farm or bed and
breakfast home and located on site, is permitted.
The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities
shall meet public health regulations and be kept in a manner satisfactory to the District Health
Region.
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other than
Town of Oxbow Zoning Bylaw No. 1063
Page | 43
the occupant and his/her immediate family members may be involved or employed in the
operation of the bed and breakfast home.
5.5
DAY CARE CENTRES AND PRE-SCHOOLS
Day-care Centres and Pre-schools are subject to the following conditions:
Day care centres and pre-schools may be approved as an accessory use or as a principal use in
their respective zoning district.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
Outdoor play areas shall comply with the Child Care Act, 2000.
5.6
ADULT DAY CARES
Adult day care facilities may be approved as an accessory use or as a principal use.
In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
Required parking spaces shall not be located in a required front yard.
5.7
RESIDENTIAL CARE HOMES
Residential Care Homes are subject to the following conditions:
Residential care homes may be approved as an accessory use or as a principal use in their
respective zoning districts.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
5.8
CAMPGROUNDS
Campgrounds are subject to the following conditions:
The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
coach or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and material change in use of 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.
A campground shall have within its boundaries, a buffer area abutting the boundary of not less
than 4.5 meters which shall contain no buildings.
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The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be less than 150 m² in area with its corners clearly marked.
One permanent sign located on site advertising the campground is permitted per site;
o The facial area of a sign shall not exceed 0.5 m² ;
o No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
o Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
No portion of any campsite shall be located within a roadway or required buffer area.
Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area. The space provided for roadways within a campground shall
be at least 7.5 meters (24.6 feet) in width. No portion of any campsite, other use or structure
shall be located in any roadway.
Each recreational vehicle shall be located at least 3.0 meters from any other recreational
vehicles, and each campsite shall have dimensions sufficient to allow such location of
recreational vehicles.
A campground may include as ancillary uses a laundromat or a confectionery designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5.9
WIND ENERGY FACILITIES
Wind energy facilities are subject to the following conditions:
All buildings and structures shall be set back at least 90.0 meters from an intersection of any
Municipal road allowance, or Provincial highway or such greater distance as required by the
Department of Highways.
The setback related to Municipal road allowances and the wind energy generator (turbine) shall
be no less than the length of the blade plus 10.0 meters.
The minimum site size for the allowance of any Wind Energy Facility shall be 2.0 hectares.
The setback from the property line of a non-participating landowner to a wind energy generator
(turbine) shall be no less than the length of the blade plus 10.0 meters, or a minimum of 38.0
meters, unless otherwise agreed to by the landowner, developer and the Municipality.
The separation distance from a wind energy generator (turbine) to a Residential Acreage or
Residential subdivision shall be a minimum distance of 550 meters.
The maximum total tower height shall be:
Town of Oxbow Zoning Bylaw No. 1063
Page | 45
o 6.0 meters above grade level in a Residential Acreage or Industrial Zoning District and the
maximum noise standard shall not exceed 40 decibels.
o 45.0 meters above grade level in the Community Service or Future Urban Developmental
Zoning District.
Approaches for access roads to the wind energy facilities must be perpendicular to established
road allowances.
All infrastructure, roads and accesses required to facilitate the implementation of the wind
energy facilities shall be proposed by the developer as part of the Development Permit
application.
Any proposed development within a municipal road allowance, i.e. underground lines or
overhead poles/lines, must be proposed by the developer as part of the Development Permit
application.
The developer is required to enter into a road use agreement with the Municipality for the
construction period to ensure roads are maintained in condition agreeable by both parties.
The wind energy generator (turbine) shall have no restrictions on colour or height.
Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked
protective chain link fence of a minimum height of 1.85 meters and the design shall be included
in the Development Permit application.
Development and Building Permit applications for a Wind Energy Facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via
a Saskatchewan Professional Engineer.
Sites having potentially dangerous or hazardous developments shall have visible signs stating
any potential dangers. No hazardous waste shall be stored on the site
Council, at its discretion, may seek approval of this development from both internal and external
referral agencies.
5.10 ABOVE-GROUND FUEL STORAGE TANKS
Above-ground fuel storage tanks which meet the standards of the National Fire Code and which
have a maximum capacity of 50,000 litres may be permitted in association with service stations,
gas bars and other permitted industrial or commercial uses where the dispensing of fuel to
vehicles is a standard aspect of the use.
The total storage capacity for above-ground fuel storage tanks on any single service station or
gas bar site shall not exceed:
o 150,000 liters for flammable liquids (gasoline);
o 100,000 liters for combustible liquids (diesel fuel); and
o 100,000 liters of propane.
Above-ground fuel storage tanks shall be:
Town of Oxbow Zoning Bylaw No. 1063
Page | 46
o for uses other than service stations and gas bars, located at least 3.0 meters from any
property line or building, the 3.0 meter separation distance may be reduced to 1.0 meter
for tanks with a capacity of 5,000 liters or less;
o for service stations and gas bars, located at least 6.0 meters from any property line or
building;
o separated from each other and be accessible for firefighting purposes to the satisfaction of
the Development Officer; and
o at least 15 meters from the boundary of any site within a Residential district.
For uses other than service stations and gas bars, the dispensing equipment associated with
above-ground fuel storage tanks shall be located at least 3.0 meters from any property line, at
least 7.5 meters from any open flame or other ignition source, and at least 4.5 meters from any
door or window.
For service stations and gas bars, the dispensing equipment associated with above-ground fuel
storage tanks shall be located at least 6.0 meters from any property line, at least 7.5 meters
from any open flame or other ignition source, and at least 4.5 meters from any door or window.
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails
or other similar means.
At service stations and gas bars, above-ground fuel storage tanks which are located in view of a
front or flanking street shall be landscaped or screened to the satisfaction of the Development
Officer.
The maximum height of an above-ground fuel storage tank shall be limited to the maximum
permitted height of a free-standing sign in the zoning district.
Painted lettering or other forms of signage may be located on above-ground fuel storage tanks
subject to the sign regulations in the zoning district.
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6.
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Oxbow is divided into several Zoning Districts that may be
referred to by the appropriate symbols. The uses or forms of development allowed within a Zoning
District, along with regulations or standards which apply, are provided in the District schedules in this
Section.
R1
Residential Low Density
CS
Community Service
R2
Residential Medium Density
FUD Future Urban Development
C1
Centre Commercial
AP
Airport Development
C2
Highway Commercial
FH
Flood Hazard Overlay
IND Industrial
SH
Slope Hazard Overlay
6.2
THE ZONING DISTRICT MAP
.1 The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 1063
adopted by the Town of Oxbow, signed by the Town Mayor and Chief Administrative Officer
under the seal of the Town, shall be known as the "Zoning District Map", and such map is hereby
declared to be an integral part of this Bylaw.
6.3
BOUNDARIES OF THE ZONING DISTRICTS
.1 The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
.2 Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre lines of streets,
lanes, road allowances, or such lines extended and the boundaries of the Municipality.
6.4
HOLDING PROVISION DESIGNATION
.1 Where on the Zoning District Map the symbol for a zoning district has suffixed to it the holding
symbol "H"; any lands so designated on the map shall be subject to a holding provision in
accordance with Section 71 of The Planning and Development Act, 2007.
.2 Any lands subject to a holding provision shall only be used for the following uses:
a. Those uses existing on the land when the "H" is applied; and
b. Public works.
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7.
RESIDENTIAL LOW DENSITY DISTRICT - R1
The purpose of the Residential Low Density District (R1) is to accommodate primary single
family detached residential dwelling.
No person shall within any R1 - Residential Low Density District use any land or erect, alter or use any
building or structure, except in accordance with the following provisions:
7.1
PERMITTED USES
a. One single-detached dwelling which could include an RTM;
b. Modular homes;
c. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
d. Playgrounds and swimming pools;
e. Public works, buildings and structures excluding offices, warehouses, storage yards and
waste management or sewage facilities.
7.2
DISCRETIONARY USES
a. Home occupations, home-based businesses (refer to section 5.1);
b. Secondary suites (refer to section 5.2);
c. Child day care (refer to section 5.5);
d. Adult day care (refer to section 5.6);
e. Bed and Breakfast homes (refer to section 5.4);
7.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses:
Playgrounds and Swimming Pools
Minimum site area
464 m2 (4995 ft2) with a lane,
otherwise 603 m2 (6490 ft2)
No minimum
Minimum floor area
46 m2 (500 ft2)
No minimum
Minimum site frontage
15 meters (50 feet) with a lane,
otherwise 19 meters (62 feet)
No minimum
Height
9.0 meters (29.5 feet) for Principal
Buildings and 4.0 meters (13 feet) for
accessory
--
Maximum site coverage
40% and 50% on a corner site
No maximum
Minimum front yard
7.5 meters (25 feet)
7.5 meters (25 feet)
Minimum rear yard
7.5 meters (25 feet) or 25% of the
depth of the site, whichever is greater
No minimum
Minimum side yard
0.91 meters (3 feet)
3.0 meters (10 feet)
R1
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7.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard setbacks
A minimum 6.0 meters (20 feet) from the front site line, 1.2 meters (4 feet)
from the principal building, and 0.8 meters from the side site line unless the
side site line is an abutting street then the side yard shall be 3.6 meters
(11.8 feet).
Maximum floor area
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area
Maximum height
Not exceed 4.0 meters (13 feet) in height from grade level to the underside
of the eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 meters (2.6
feet)from the rear site line except where an accessory building has a door or
doors opening onto a lane then it shall not be located less than 2.0 meters
(6.5 feet) from the site line abutting the lane.
a. Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of
the principal building and shall not exceed the square footage of the main floor of the principal
dwelling in size.
b. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 meters (1 foot) from the side lot line and the roof does not
project past the side lot line.
c. A detached private garage is permitted in any side yard or rear yard, provided there is sufficient
available space to comply with all other requirements in this Section.
d. All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection.
e. No attached structure (i.e. deck) shall have a total floor area greater than the main floor area of
the principal building. In calculating the main floor area of a principal building, the area of an
attached garage shall be excluded.
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted to be located in a side or rear yard.
7.5
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line.
b. In a required front yard, to a height no greater than 1.0 meter (3.3 feet) above grade level.
c. In a required rear yard, to a height no greater than 2.0 meters (6.5 feet) above grade level.
d. Except permitted accessory buildings, no fence or other structure, shall be erected to a
height of more than 2.0 meters (6.5 feet).
Town of Oxbow Zoning Bylaw No. 1063
Page | 50
7.6
SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m²
(5.3 ft2).
b. In the case of a home occupation, an additional permanent sign is permitted in a window of
a dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
7.7
PARKING
Off-street parking requirements shall be provided with the following:
Single detached, RTM
and Modular Homes
1 space per dwelling unit
Public Works
No requirements
Playgrounds and
Swimming Pools
No requirements
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility.
Adult Day Care
1 space plus 1 space per 5 persons enrolled in the facility.
7.8
OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any residential site.
b. Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard. No yard shall be used for the storage or collection of
hazardous material.
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles, operating equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any
given point in time.
Town of Oxbow Zoning Bylaw No. 1063
Page | 51
7.9
SUPPLEMENTARY DEVELOPMENT STANDARDS
a. All discretionary use applications shall follow the general discretionary use evaluation
criteria as outlined in Section 3.9 and others that may be specified.
b. All discretionary uses shall maintain the residential character of the area as much as
possible.
c. Off-street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
Town of Oxbow Zoning Bylaw No. 1063
Page | 52
8.
RESIDENTIAL MEDIUM DENSITY DISTRICT - R2
The purpose of the Residential Medium Density District - R2 is to accommodate a variety of medium
density residential development including single-detached residences, semi-detached residences,
townhouses and multi-dwellings.
No person shall within an R2 - Residential Medium Density District use any land, or erect, alter or use
any building or structure except in accordance with the following provisions:
8.1
PERMITTED USES
a. One single-detached dwelling which could include an RTM;
b. Modular home;
c. Semi-detached, duplex dwelling, Fourplex, or townhouses and other multiple unit dwellings;
d. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
e. Playgrounds and swimming pools;
f. Public works, buildings and structures, excluding offices, shops, warehouses, storage yards
and waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Medium Density District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary use
requirements can be found in Section 5.
a. One secondary suite in single-detached dwellings (refer to section 5.2);
b. Apartment Buildings;
c. Home occupations, home-based businesses (refer to section 5.1);
d. Mobile Homes not older than 15 years, following the placement thereof on a permanent
foundation;
e. Child day care (refer to section 5.5)
f. Adult day care (refer to section 5.6);
g. Bed and Breakfast homes (refer to section 5.4);
h. Residential care home (refer to section 5.7).
R2
Town of Oxbow Zoning Bylaw No. 1063
Page | 53
8.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted Uses:
Single-detached, RTM and Modular
Homes
Semi-detached and duplex (per
dwelling unit)
Playgrounds and Swimming Pools
Minimum site area
464 m2 (4995 ft2) with a lane, otherwise
603 m2 (6490 ft2)
200 m2 (2153 ft2) with a lane,
otherwise 650 m2 (6997 ft2)
No minimum
Minimum floor area
46 m2 (500 ft2)
46 m2 (500 ft2)
No minimum
Minimum site frontage
15 meters (50 feet) with a lane,
otherwise 19 meters (62 feet)
6.5 meters (21 feet) with a lane,
otherwise 21 meters (69 ft.)
No minimum
Height
9.0 meters (29.5 feet)
9.0 meters for Principal Buildings --
Maximum site coverage
40% and 50% on a corner site
40% and 50% on a corner site
No maximum
Minimum front yard
7.5 meters (25 feet)
7.5 meters (25 feet)
7.5 meters (25 feet)
Minimum rear yard
7.5 meters (25 feet) or 25% of the
depth of the site, whichever is greater
7.5 meters (25 feet)
No minimum
Minimum side yard
0.91 meters (3 feet)
0.91 meters (3 feet)
3.0 meters (10 feet)
Discretionary Uses:
Townhouses
Other Multiple Unit
Dwellings
Apartment Buildings
Mobile Homes
All other uses
Minimum site area
200 m2 (2152 ft2) per
dwelling unit.
600 m2 (6458 ft2) plus
40 m2 (430 ft2) for each
dwelling unit in excess
of four on the ground
floor.
557 m² (6000 ft2) plus
92 m2 (1000 ft2) for
each dwelling unit in
excess of 2.
464 m2 (4995 ft2)
464 m2 (4995 ft2)
with a lane,
otherwise 603 m2
(6490 ft2)
Minimum floor area
46 m2 (500 ft2) per
bedroom unit
46 m2 (500 ft2) per
bedroom unit
37 m² (400 ft2) per
dwelling unit
46 m2 (500 ft2)
46 m2 (500 ft2)
Minimum site frontage
6.0 meters (20 feet)
per dwelling unit
30 meters (98 feet)
25.0 meters (82 feet)
15 meters (50 feet)
with a lane,
otherwise 19
15 meters (50 feet)
with a lane,
otherwise 19
Town of Oxbow Zoning Bylaw No. 1063
Page | 54
meters (62 feet)
meters (62 feet)
Height
15 meters (49 feet)
15 meters (49 feet)
15 meters (49 feet)
9.0 meters (29.5
feet)
9.0 meters (29.5
feet)
Maximum site coverage
40%
50%, 60% on a corner
lot
50% interior site, 60%
corner site
40%
40%
Minimum front yard
7.5 meters (25 feet)
7.5 meters (25 feet)
6.0 meters
7.5 meters (25
feet)
7.5 meters (25 feet)
Minimum rear yard
7.5 meters (25 feet)
7.5 meters
7.5 meters
7.5 meters (25
feet) or 25% of the
depth of the site,
whichever is
greater
7.5 meters (25 feet)
or 25% of the depth
of the site,
whichever is greater
Minimum side yard
1.2 meters (4 feet) on
each side of building
3.6 meters (12 feet) or
one half the height of
the side wall of the
building, whichever is
greater
3.5 meters or 50% of
the average wall
height whichever is
greater.
0.91 meters (3
feet)
0.91 meters (3 feet)
.1 Development Standards for Mobile Homes
a. All mobile homes must meet the standards set out in CSA A277 Procedure for Certification of Factory Built Houses, and amendments
thereto. All mobile homes must bear a label of a credible certification agency indicating that compliance with the National Building
Codes has been certified using the A277 procedure.
b. All attached and accessory structures shall require a building permit and shall comply with the requirements of the National Building
Code of Canada and the Building Bylaw of the Town of Oxbow.
c. All attached or accessory structures such as porches, sun room additions, skirting and storage facilities must be factory prefabricated
units, or of an equivalent quality, and shall be painted or prefinished so the design and construction will complement the main
structure.
d. In order to protect the residential character of the community, wheels, hitches, and running gear must be removed within thirty (30)
days of arrival, and skirting must be installed in such a manner as to compensate for vertical movements and to prevent the
entrance of rodents and other small animals.
e. All mobile homes shall be connected to water and sewer services provided by the Municipality and connected as available to other
public utilities
Town of Oxbow Zoning Bylaw No. 1063
Page | 55
8.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum Yard setbacks
A minimum of 6.0 meters (20 feet) from the front site line, 1.2 meters from
the principal building, and 0.8 meters from the side site line unless the side
site line is an abutting street then the side yard shall be 3.6 meters.
Maximum floor area
and height
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall
not exceed 4.0 meters in height from grade level to the underside of the
eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 meters from the
rear site line except where an accessory building has a door or doors
opening onto a lane then it shall not be located less than 2.0 meters from
the site line abutting the lane.
a. Garages, carports, and accessory buildings attached to a principal building by a substantial
roof structure shall be considered as part of the principal building and subject to the
regulations of the principal building and shall not exceed the square footage of the main
floor of the principal dwelling in size.
b. A carport, consisting of a roof and supporting columns or structures which are not
permanent walls, is permitted to encroach into any required side yard as long as the
supporting structures are set back a minimum of 0.3 meters from the side lot line and the
roof does not project past the side lot line.
c. One detached private garage is permitted in any side yard or rear yard, provided there is
sufficient available space to comply with all other requirements in this Section.
d. All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin.
e. No attached structure (i.e. deck) shall have a total floor area greater than the main floor
area of the principal building. In calculating the main floor area of a principal building, the
area of an attached garage shall be excluded.
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted to be located in a side or rear yard.
8.5
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges
a. No hedge, fence or other structure shall be erected past any property line.
b. In a required front yard, to a height no greater than 1.0 meter (3.3 feet) above grade level.
c. In a required rear yard, to a height no greater than 2.0 meters (6.5 feet) above grade level.
d. Except permitted accessory buildings, no fence or other structure shall be erected to a
height of more than 2.0 meters (6.5 feet).
Town of Oxbow Zoning Bylaw No. 1063
Page | 56
8.6
SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m²
(5.3 ft2).
b. In the case of a home occupation, an additional permanent sign is permitted in a window of
a dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
8.7
PARKING
Off-street parking requirements shall be provided with the following:
Single detached, RTM
and Modular Homes
1 space per dwelling unit
Semi-detached and
duplex
1 space per dwelling unit
Townhouses and other
multiple unit dwellings
1.5 spaces per dwelling unit
Apartment buildings
1.5 spaces per dwelling unit
Mobile homes
1 space per dwelling unit
Public Works
No requirements
Playgrounds and
Swimming Pools
No requirements
Bed and Breakfast
homes
1 space plus 1 space for each guest room
Residential care homes
1 space plus 1 space for each non-resident staff member
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility.
Adult day care
1 space plus 1 space per 5 persons enrolled in the facility.
8.8
OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any residential site.
b. Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard. No yard shall be used for the storage or collection of
hazardous material.
Town of Oxbow Zoning Bylaw No. 1063
Page | 57
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles, operating equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any
given point in time.
8.9
SUPPLEMENTARY DEVELOPMENT STANDARDS
a. All discretionary use applications shall follow the general the discretionary use evaluation
criteria as outlined in Section 3.9 and others that may be specified.
b. Specific Discretionary Use Evaluation Criteria for Multiple Unit Dwellings:
i.
The suitability of a proposal will be considered with respect to:
i)
Adherence to any concept plan prepared for the proposed development area,
including proposed location of all forms of multiple unit dwellings;
ii) The convenience of parking; and,
iii) Appropriate size and quality or proposed dwelling units.
c. Specific Discretionary Use Evaluation Criteria for Residential Care Homes:
i.
The development will be entirely consistent with the residential development on
adjacent parcels.
d. Off-street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
Town of Oxbow Zoning Bylaw No. 1063
Page | 58
9.
CENTRE COMMERCIAL DISTRICT - C1
The purpose of the Centre Commercial District - C1 is to continue to encourage a
"downtown" experience by providing pedestrian oriented commercial activities and services.
No person shall within any C1 -Centre Commercial District use any land, or erect, alter or use any
building or structure in except in accordance with the following provisions:
9.1
PERMITTED USES
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services establishments;
d. Medical, dental, and other health care offices and clinics or health services;
e. Restaurants, cafes, coffee shops, and other similar fast food services; Confectionaries and
delicatessens;
f. Storefront retail stores and outlets;
g. Police, Ambulance stations
h. Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
i.
Theatres, assembly halls, places of worship, service clubs;
j.
Commercial and public recreational establishments such as bowling alleys, arcades and
fitness centres;
k. Licensed premises for the sale and consumption of alcoholic beverages;
l.
Libraries, galleries, museums, and other similar cultural institutions;
m. Public Transportation depots;
n. Outdoor markets and concessions (permanent, seasonal, or occasional);
o. Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios,
craftspeople and similar trades, including retail sales of art and craft products;
p. Storefront Construction trades without yards;
q. Buildings, structures or uses accessory to and located on the same site as the principal
building or permitted use;
r. Animal hospitals, or clinics and offices of veterinary surgeons;
s. Public works buildings, offices and structures excluding warehouses, storage yards, and
waste management or sewage facilities
9.2
DISCRETIONARY USES
The following may be permitted in the C1 -Centre Commercial District but only by resolution of
Council and only in locations specified by such resolution of Council. Discretionary use requirements
can found in Section 5.
a. Dwelling units attached to and behind, or above, commercial establishments;
b. Lumber and building supply establishments;
c. Service Stations (refer to section 5.10);
d. Shops of plumbers, pipe fitters, metal workers, light manufacturing and other industrial
trades manufacturing and sales.
e. Newspaper offices and printing plants and services;
f. Funeral Homes.
C1
Town of Oxbow Zoning Bylaw No. 1063
Page | 59
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses
Service Stations
Minimum site area
225 m2 (2422 ft2)
900 m² (9688 ft2)
Minimum site frontage
7.5 meters (25 feet)
30.4 meters (100 feet)
Minimum site coverage
75%
--
Minimum front yard
No requirement
7.5 meters (25 feet)
Minimum side yard
No requirement except when the
side site line directly abuts any
Residential or Community Service
District or abuts a public street,
then the minimum side yard shall
be 1.5 meters (5 feet).
3.0 meters (10 feet)
Minimum rear yard
No requirement except when the
side site line directly abuts any
Residential or Community Service
District or abuts a public street,
then the minimum rear yard shall
be 6.0 meters (20 feet).
10% of the lot depth
Maximum height
12 meters (39 feet)
12 meters (39 feet)
9.4
ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
9.5
SIGNAGE
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial District except for signs
advertising the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b. The facial area of a sign shall not exceed 4.0 m² (43 ft2);
c. Temporary signs not exceeding 1.0 m² (10.7ft2) advertising the sale or lease of the property,
or other information relating to a temporary condition affecting the property, are
permitted.
d. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
Town of Oxbow Zoning Bylaw No. 1063
Page | 60
9.6
LANDSCAPING
Where a site abuts any Residential District without an intervening lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.5 meters (5 feet) in width throughout which shall not
be used for any purpose except landscaping.
9.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial use
No requirement
Lumber and building
supply establishments
1 space per 50 m2 of gross floor or 1 space per 3 employees, whichever is
greater
Service stations
1.5 spaces for each service bay
All other uses
No requirement
9.8
SUPPLEMENTARY DEVELOPMENT REGULATIONS
a. All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Specific Discretionary Use Evaluation Criteria for Accessory dwellings attached to and behind,
or above, commercial establishments:
i.
A maximum of one accessory dwelling unit attached to and behind, or above, a commercial
establishment will be allowed;
ii.
The accessory dwelling shall be located in the principal building, with the front of the
building at grade level always remaining a commercial use; and
iii.
The accessory dwelling unit shall have an entrance separate from the commercial use and
provide a fire exit secondary to the required entrance.
c. Specific Discretionary Use Evaluation Criteria for Building supply establishments, construction
trades, lumber yards, light manufacturing, and welding and machine shops:
i.
The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, but is not limited to, the following
effects:
i)
Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii) Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and,
iv) Utilization of hazardous substances.
ii.
All materials and goods used in conjunction with construction trades or with light
manufacturing plants shall be stored within an enclosed building, or within an area hidden
from view by screening;
iii.
Warehouses and freight handling facilities shall be accessible from a major road network to
avoid heavy traffic volumes on access roads. Consideration shall be given to the location of
entry and exit points to the site and their interrelation with existing intersections or land
constraints;
Town of Oxbow Zoning Bylaw No. 1063
Page | 61
iv.
No storage is permitted for a wholesale establishment; and
v.
All manufacturing and assembly operations in conjunction with a light manufacturing plant
shall be conducted within an enclosed building.
d. Specific Discretionary Use Evaluation Criteria for Funeral Homes:
i.
A funeral home must be on a lot that abuts a major (Primary or Secondary) street;
ii.
A site with a funeral home must have a fence along the portion of the site line that abuts a
residential site; and
iii.
The building shall not contain facilities for cremation.
Town of Oxbow Zoning Bylaw No. 1063
Page | 62
10.
HIGHWAY COMMERCIAL DISTRICT - C2
The purpose of the Highway Commercial - C2 is to facilitate a wide range of commercial,
industrial and related activities location along the highway.
No person shall within a C2 - Highway Commercial District use any land, or erect, alter or use any
building or structure except in accordance with the following provisions:
10.1 PERMITTED USES
a. Business and/or professional offices;
b. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
c. Restaurants, confectionaries, including drive-thru;
d. Licensed premises for the sale and consumption of alcoholic beverages;
e. Public transportation depots;
f. Commercial and public recreational establishments such as bowling alleys, arcades and
fitness centres;
g. Garden centres or commercial greenhouses;
h. Lumber and building supply establishments;
i.
Tourism oriented commercial recreation activities;
j.
Police, Ambulance stations;
k. Animal hospitals, or clinics and offices of veterinary surgeons;
l.
Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing
and sales;
m. Accessory Uses, including integrated or complementary uses, buildings or structures
accessory to and located on the same site as the principal building or use;
n. Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
10.2 DISCRETIONARY USES
The following uses may be permitted in the C2 - Highway Commercial District but only by resolution
of Council and only in locations specified in such resolution of Council. Discretionary Use
Requirements are provided in Section 5.
a. Service stations and other establishments for the servicing, storage and sale of motor
vehicles, trailers, recreation, or farm machinery and equipment (refer to section 5.10);
b. Car wash;
c. Oilfield supply and services establishments;
d. Construction Trades and Contractors' yards;
e. Campground including Recreational Vehicle Park;
f. Rooming House;
g. Commercial Cardlock operations;
h. Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage
compound;
i.
Semi-Trailer and Container Parking Lot including Sea Containers.
10.3 PROHIBITED USES
a. Aggregate materials; storage or handling operations;
b. Abattoirs.
C2
Town of Oxbow Zoning Bylaw No. 1063
Page | 63
10.4 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses
Motels
Minimum site area
1160 m² (12,486 ft2)
1740 m² (18729 ft2)
Minimum site frontage
30.4 meters (100 feet)
30.4 meters (100 feet)
Minimum front yard
No requirement, with the exception
of commercial greenhouses which is
2.4 meters (8 feet)
15 meters (50 feet)
Minimum side yard
0.91 meters (3 ft.) on each side
except for 3 meters (10 ft.) minimum
on the side abutting a corner lot.
3.96 meters (13 feet)
Minimum rear yard
10% of the lot depth. With
commercial greenhouses, 1.5 meters
(5 feet)
10% of the lot depth
10.5 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted to be located in a required rear yard.
10.6 FENCE AND HEDGE HEIGHTS
a. Screen fences shall be consistent and complement the quality of building design and
materials of the primary building. Screening shall be provided where a lot used for
commercial or industrial purposes abuts a residential district without an intervening street
or land. Such screening shall consist of a solid fence, hedge, or wall over 1.5 meters (5 feet)
in height in a side or rear yard and over 0.75 meters (2.5 feet) in a front yard.
b. No fence in a commercial or industrial zone shall exceed 2.4 meters (8 feet).
c. No barbed wire or razor wire fences shall be allowed in a Commercial District.
10.7 PARKING
Off-street parking requirements shall be provided with the following:
Stores and offices
1 parking space for every 50 m² (538 ft2) of gross floor area
Restaurants, other eating places 1 parking space for every 10 seats provided for patrons
Theatres, places of assembly
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or hotels
1 parking space for each unit
Service Stations
1 ½ parking spaces for each service bay
All other uses
1 parking space for each 75 m² (807 ft2) of building floor area
Town of Oxbow Zoning Bylaw No. 1063
Page | 64
10.8 LANDSCAPING
a. The whole of any required side yard abutting the flanking street shall be landscaped.
b. Where a site abuts any Residential or Community Service District, there shall be a strip of
land adjacent to the abutting site line of not less than 3.0 meters (10 feet) in width
throughout which shall not be used for any purpose except landscaping.
10.9 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials,
goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be
provided on the site. The minimum area of an individual loading space shall be 17.0 m². Doors located in
side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2 spaces +1 space for each 5600 m² (0.56 hectare)
10.10 SIGNAGE
Signs and billboards shall be prohibited in the C2 Highway Commercial District except for signs
advertising the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a. No more than 2 signs shall be permitted on the premises;
b. No sign shall be in excess of 2.4 m2 (26 ft2) in area, but the 2 permitted signs may be
combined and the total facial area shall not exceed 6.5 m2 (70 ft2);
c. No sign shall be located in any manner that may jeopardize public safety;
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
e. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
f. The maximum height of any sign shall be 6 meters (20 feet).
10.11 OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or
industrial site.
b. Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard. No yard shall be used for the storage or collection of
hazardous material.
Town of Oxbow Zoning Bylaw No. 1063
Page | 65
10.12 SERVICE STATIONS
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 meters (20 feet) from the intersection.
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 meters (20
feet) from any street or site line.
c.
All automobile parts, dismantled vehicles, and similar articles shall be stored within a
building or screened to the satisfaction of Council.
d. Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 meters
(32.8 feet) apart
g. Off-site traffic circulation shall be accommodated on the site
h. 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, height and materials being first approved by
the development officer.
10.13 SUPPLEMENTARY DEVELOPMENT REGULATIONS
a. All discretionary use applications shall follow the discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Specific Discretionary Use Evaluation Criteria for Building supply establishments, construction
trades, lumber yards, light manufacturing, and welding and machine shops:
i.
The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, but is not limited to, the following
effects:
i)
Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii) Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and,
iv) Utilization of hazardous substances.
ii.
All materials and goods used in conjunction with construction trades or with light
manufacturing plants shall be stored within an enclosed building, or within an area hidden
from view by screening;
iii.
Warehouses and freight handling facilities shall be accessible from a major road network to
avoid heavy traffic volumes on access roads. Consideration shall be given to the location of
entry and exit points to the site and their interrelation with existing intersections or land
constraints;
iv.
No storage is permitted for a wholesale establishment; and
v.
All manufacturing and assembly operations in conjunction with a light manufacturing plant
shall be conducted within an enclosed building.
Town of Oxbow Zoning Bylaw No. 1063
Page | 66
c. Specific Discretionary Use Evaluation Criteria for Rooming House:
i.
A rooming house must be contained within a single-detached or semi-detached (both halves
must be a rooming house) dwelling;
ii.
A rooming house must contain a minimum of 4 rooms, with the possibility of a dwelling unit;
iii.
Sanitary facilities must be provided at a rate of minimum of 1 for the first 6 rooms and 1
additional sanitary facilities for every 6 rooms, or part thereof; and
iv.
The development will be entirely consistent with the residential development on adjacent
parcels.
d. Specific Discretionary Use Evaluation Criteria for Shopping Centres; Strip Malls:
i.
Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the
public from both the street and from the development;
ii.
Council will consider the appropriate separation to other uses that may be incompatible
with Shopping Centre/Strip Mall retail and service activities;
iii.
Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed shopping centre/strip mall. Ingress and egress
points shall be designed to minimize conflict with adjacent land uses and not pose a safety
hazard;
iv.
Other criteria may include the street façade, main street entrance, windows along the street
and the relaxation of on-site parking requirements; and
v.
If abutting a Residential District, a suitable buffer composed of tree planting or a hedge shall
be provided.
e. Specific Discretionary Use Evaluation Criteria for Motor vehicle, recreational vehicle, and/or
mobile home sales storage compound; Semi-trailer and container parking lots including sea
containers:
i.
The use shall be located where practical, in a non-highly area, and screened to avoid any
adverse visual impact; and
ii.
Landscaping and screening acceptable to Council shall be provided in all yards facing a public
roadway or properties in residential use.
f. Sites used for discretionary uses which may result in heavy truck traffic shall be located to
ensure that such traffic takes access to or from major streets or designated truck routes.
Town of Oxbow Zoning Bylaw No. 1063
Page | 67
11.
INDUSTRIAL DISTRICT - IND
The purpose of the Industrial District - IND is to provide areas for industrial
activities which have moderate potential for conflict with adjacent land uses and rely on access to prime
traffic routes.
No person shall within any Industrial District use any land, or erect, alter, or use any building or
structure except in accordance with the following provisions:
11.1 PERMITTED USES
a. Business and/or professional offices;
b. Industrial Parks containing a combination of permitted uses;
c. Buildings, structures, and uses accessory to, and located on the same site as, the principal
building or use excepting any building or structure used for human habitation;
d. Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of
any goods, materials and/or commodities excluding any hazardous materials;
e. Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products that are not noxious;
f. Service stations and commercial cardlock operations;
g. Auto body shops;
h. Construction and other contractors, industrial trades, workshops, yards, plants, and/or
offices;
i.
Warehousing and supply depots;
j.
Farm and industrial machinery equipment and vehicle sales and service;
k. Trucking operations;
l.
Lumber and building supply establishments;
m. Construction of RTM homes or agricultural building assembly area;
n. Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage
compound;
o. Commercial recycling depots;
p. Public works buildings and structures including offices, warehouses, storage, yards, and
waste management or sewage facilities.
11.2 DISCRETIONARY USES
The following uses may be permitted in the Industrial District but only by resolution of Council and
only in locations specified in such resolution of Council. Discretionary use requirements are provided
in Section 5.
a. Bulk petroleum sales and storage (refer to section 5.10);
b. Stockyards and auction marts;
c. Oilfield Equipment Parking lot and Staging Area;
d. Salvage yards and auto wreckers;
e. Meat Processing Plants/Abattoirs;
f. Seed Cleaning plants, feed mills and flour mills;
g. Fertilizer sales and storage;
h. Cement manufacturing;
i.
Aggregate material storage or handling operations;
j.
Wind energy facilities (refer to section 5.9)
IND
Town of Oxbow Zoning Bylaw No. 1063
Page | 68
11.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary
Uses
Auto body shops; Self-service storage
depots
Minimum site area
900 m2 (9688 ft2)
465 m2 (5,005 ft2)
Minimum site frontage
30.4 meters (100 feet)
15 meters (49 feet)
Minimum front yard
7.5 meters (25 feet)
7.5 meters (25 feet)
Minimum rear yard
10% of the depth of the site
7.5 meters (25 feet)
Minimum side yard
0.91 meters (3 feet) on each side
3.0 meters
Height
15 meters (50 feet) for Principal
buildings
9.0 meters
11.4 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a required rear or side yard.
c. Buildings, structures or uses including one (1) dwelling unit for a caretaker or manager,
secondary and subordinate to, and located on the same lot with the principal permitted or
discretionary uses, shall be permitted.
11.5 FENCE AND HEDGE HEIGHTS
a. Screen fences shall be consistent and complement the quality of building design and
materials of the primary building. Screening shall be provided where a lot used for
commercial or industrial purposes abuts a residential district without an intervening street
or land. Such screening shall consist of a solid fence, hedge, or wall over 1.5 meters (5 feet)
in height in a side or rear yard and over 0.75 meters (2.5 feet) in a front yard.
b. No fence in a commercial or industrial zone shall exceed 3.0 meters (10 feet).
c. No barbed wire, or razor wire fences shall be allowed in an Industrial District.
11.6 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters in width throughout lying parallel and
abutting the front site line shall be provided on every site.
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential District without intervening land, there shall be a strip of
land adjacent to the abutting site line of not less than 3.0 meters (10 feet) in width which
shall not be used for any purpose except landscaping.
Town of Oxbow Zoning Bylaw No. 1063
Page | 69
11.7 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or manufacturing
activities
1 parking space for each 90 m² (968 ft2) of gross floor area
Principal buildings
1 parking space for each 50 m² (164 ft2) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater.
11.8 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of materials,
goods, or merchandise, adequate space for such vehicles to stand for loading and unloading without
restricting access to all parts of the site shall be provided on the site. The minimum area of an individual
loading space shall be 17m² (56 ft2).
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2+1 for each 5600 m²
11.9 SIGNAGE
Signs and billboards are prohibited in the IND-Industrial District except for signs advertising the principal
use of the premises or the names of the occupants of the premises. Permitted signs shall be subject to
the following regulations:
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m²
(13 ft2);
b. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
c. Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted;
d. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
11.10 OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or
industrial site.
b. No yard shall be used for the storage or collection of hazardous material.
c. Council may apply special standards as a condition for a discretionary use approval
regarding the location of areas used for storage for that use.
Town of Oxbow Zoning Bylaw No. 1063
Page | 70
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles, operating equipment and machinery normally
used for the maintenance of the property, vehicles or vehicular parts.
e. All outside storage shall be fenced where the area abuts a residential area. All junk yards or
auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of
2.0 meters (6.5 feet) and constructed of material suitable to conceal from view the materials
stored on site. No materials shall be stacked above the height of the fence.
f. All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material,
and similar articles and materials shall be stored within a building or suitably screened from
public view.
11.11 SERVICE STATIONS
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 meters (20 feet) from the intersection.
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 meters (20
feet) from any street or site line.
c.
All automobile parts, dismantled vehicles, and similar articles shall be stored within a
building or screened to the satisfaction of Council.
d. Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 meters
(32.8 feet) apart
g. Off-site traffic circulation shall be accommodated on the site
h. 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, height and materials being first approved by
the development officer.
11.12 SUPPLEMENTARY REGULATIONS
a. All discretionary use applications shall follow the discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Specific Discretionary Use Evaluation Criteria for Stockyards and auctions marts:
i.
Shall be located at least 300 meters from all residential and community service districts.
c. Specific Discretionary Use Evaluation Criteria for Salvage Yards and Auto Wrecker Operations:
i.
This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all
savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses;
ii.
No vehicles or parts thereof shall be located in the front yard; and
iii.
All salvage yards shall be totally hidden from the view of the travelling public, provincial
highways, any public road and adjacent residential development by utilizing any of the
following measures:
i)
distance and careful location;
Town of Oxbow Zoning Bylaw No. 1063
Page | 71
ii) natural or planted vegetation;
iii) an earth berm;
iv) an opaque fence;
v) a building;
vi) other appropriate methods approved by Council.
d. Specific Discretionary Use Evaluation Criteria for Meat Processing Plants/Abattoirs:
i.
Shall be located at least 91.4 meters (300 ft.) from residential areas, schools, hospitals,
motels and restaurants.
e. Specific Discretionary Use Evaluation Criteria for Oilfield equipment parking lot and staging
area:
i.
The designated truck access routes will not be primarily through residential areas.
f. Specific Discretionary Use Evaluation Criteria for Seed cleaning plants, feed mills and flour mills;
fertilizer sales and storage; cement manufacturing; and aggregate material storage or
handling operations:
i.
The location of the use will only be favorably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have a minimal
impact on the surrounding, adjacent areas. Consideration may be given, but is not
limited to, the following effects:
i)
Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii) Anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists, or pedestrians; and
iv) Utilization of hazardous substances.
ii.
The designated truck access routes will not be primarily through residential areas.
11.13 PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on
which the operation takes place;
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
d. Odor - the emission of any odorous gas or other odorous matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f. Glare or heat - no industrial operation shall be carried out that would produce glare or heat
noticed beyond the property line of the lot;
g. External storage - external storage of goods or material is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall to the satisfaction of the authority
having jurisdiction. No storage shall be permitted in the front yard;
Town of Oxbow Zoning Bylaw No. 1063
Page | 72
h. Industrial wastes - waste which does not conform to the standards established from time to
time by Town Bylaws shall not be discharged into any Town sewers.
i.
The onus of proving to Council's satisfaction that a proposed development does and will
comply with these requirements rests with the developer.
Town of Oxbow Zoning Bylaw No. 1063
Page | 73
12.
COMMUNITY SERVICE DISTRICT - CS
The purpose of the Community Service District is to provide areas for a wide range of
community service related activities including social, recreational, institutional, parks and public service.
No person shall, within any CS - Community Service District, use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
12.1 PERMITTED USES
a. Buildings, structures, or uses secondary or subordinate to, and located on the same site as,
the principal use, shall be considered accessory uses and, may include commercial uses;
b. Elementary, high schools and other educational facilities;
c. Lodges, social clubs, service clubs;
d. Municipal offices, libraries, historic and cultural institutions, community halls;
e. Places of worship;
f. Child and Adult Day Care;
g. Health facilities and Special Care Homes;
h. Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts,
lawn bowling greens, swimming pools, and other similar uses. More than one recreational
use may be permitted per site;
i.
Natural and nature-like open areas;
j.
Community Gardens;
k. Pedestrian trails and bicycle pathways;
l.
Skateboard parks or BMX bike-terrain;
m. Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
n. Public works buildings and structures excluding storage yards, warehouses, drainage
ditches, culverts, and other drainage works, and shall include water reservoirs, waste
management sites, and sewage treatment facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the Community Service District but only by resolution of
Council and only in locations specified in such resolution of Council. Discretionary Use Requirements
are provided in Section 5.
a. Horse race tracks;
b. Cemeteries.
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and
Discretionary uses
Educational facilities
Skating, curling rinks
and swimming pools
Minimum site area
450 m2 (4844 ft2)
No minimum
requirement
1200 m²
Minimum site frontage
15 meters (50 feet)
60.0 meters (197 feet)
20.0 meters (65.6 feet)
Maximum site coverage
--
75%
--
CS
Town of Oxbow Zoning Bylaw No. 1063
Page | 74
Minimum front yard
6.0 meters (20 feet)
15 .0 meters (49.2 feet)
7.5 meters (25 feet)
Minimum rear yard
6.0 meters
7.5 meters (25 feet)
7.5 meters
Minimum side yard
50% of the height of
the building or 3.0
meters, whichever is
greater
7.5 meters
1.5 meters (5 feet)
except on a corner site
abutting a street then
3.6 meters shall be
provided
Maximum height
15 meters maximum
(49.2 feet)
No maximum
No maximum
Accessory Buildings
Minimum front yard
7.5 meters (25 feet)
Principal building
All accessory buildings shall be set back 1.2 meters (4 feet) from the principal
building.
Minimum side yard
0.8 meters (2.6 feet) unless the side site line is abutting a street then the
side yard shall be 3.6 meters (12 feet)
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.0 meters (6.5 feet) from the site line abutting the lane.
12.4 SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m².
b. Billboards are prohibited except for one information sign for each building or use and those
bearing notices of special events and activities, or other information, relating to a temporary
condition affecting the site and shall not exceed 1.0 m² (10.7 ft2) in size.
c. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
12.5 PARKING
Off-street parking requirements shall be provided in accordance with the following.
Elementary school
1 parking space for each staff member
High school
1 parking space for each staff member, plus 1 parking space for every 5
students
Churches and places of
assembly
1 parking space for each 50 m² (538 ft2) of floor area
Day care centres and pre-
schools
1 space plus 1 additional space for every 10 persons enrolled in the
facility
Adult day care
1 space plus 1 additional space per 5 persons enrolled in the facility
Institutional buildings, private
clubs and lodges
1 parking space for each 50 m² of floor area
Town of Oxbow Zoning Bylaw No. 1063
Page | 75
Recreational buildings, sports
facilities and fields
1 parking space for each of every ten patrons or seats.
12.6 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters (10 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 1.5 meters (5 feet) in width
throughout which shall not be used for any purpose except landscaping.
12.7 SUPPLEMENTARY REGULATIONS
a. All discretionary use applications shall follow the general the discretionary use evaluation
criteria as outlined in Section 3.9 and others that may be specified.
Town of Oxbow Zoning Bylaw No. 1063
Page | 76
13.
FUTURE URBAN DEVELOPMENT - FUD
The purpose of this District is to limit development that may affect future growth of
the Town by providing for temporary and transitional uses and activities.
No person shall within any FUD District use any land, or erect, alter or use any building or structure,
except in accordance with the following provisions:
13.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings and structures accessory to the principal building or use;
d. Recreational uses and sports grounds;
e. Recreational Vehicle Storage yards;
f. Public works buildings and structures including offices, warehouses, storage, yards, and
waste management or sewage facilities;
g. Uses in existence when this Bylaw comes into force.
13.2 DISCRETIONARY USES
The following uses may be permitted in the FUD- Future Urban Development District only by
resolution of Council and only in locations specified by Council. Discretionary Use requirements are
provided in Section. 5
a. Wind energy facilities (refer to section 5.9).
13.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses
Minimum site area
Existing, no subdivision or 16 hectares (39.5 acres) for agricultural uses
Minimum site frontage
60 meters (197 feet) abutting a highway or 6.0 meters (20 feet) abutting a
street
Minimum front yard
15 meters (49.2 feet) unless the property abuts a municipal road, then the
setback is 60 meters (197 feet) from the centerline of the municipal road.
Minimum side yard
7.5 meters (25 feet) for a dwelling and buildings accessory thereto, except
the minimum side yard abutting a public street shall be 10 meters (32.8
feet).
Minimum rear yard
10.0 meters (32.8 feet) for dwellings and buildings accessory thereto except
that the minimum rear yard abutting a public street shall be 30 meters (98
feet).
FUD
Town of Oxbow Zoning Bylaw No. 1063
Page | 77
13.4 SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m²
(10.7 ft2);
b. In the case of a home occupation, an additional permanent sign is permitted;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
13.5 SUPPLEMENTARY REGULATIONS
a. Council will consider the applications for discretionary uses with respect to the following
criteria:
i.
The infrastructure servicing capacity is available to service the development without
excessive impact on other uses being served by the system.
ii.
The proposed development will be consistent with any concept plans in force in the
area and will not be inconsistent with the future use and development plans of the
RM of Enniskillen and Town of Oxbow District Plan and the Town of Oxbow Official
Community Plan.
iii.
The development will not require the development of new streets and utility lines
except as may be provided for in existing plans under the RM of Enniskillen and Town
of Oxbow District Plan and the Town of Oxbow Official Community Plan and that the
proposal is not premature.
b. Where a development is proposed at a location at which standard connection to the Town's
existing sewer and water system is not feasible, the developer shall, at their own expense,
provide suitable water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and Regulations requirements.
Domestic waste disposal systems located on the site and serving only the principal use will
be a permitted.
Town of Oxbow Zoning Bylaw No. 1063
Page | 78
15.
AIRPORT DEVELOPMENT DISTRICT - AP
No person shall within any AP District use any land, or erect, alter or use any building or
structure, except in accordance with the following provisions:
15.1 PERMITTED USES:
a. Aircraft Runways;
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c. Airport related uses, including workshops, warehouses and storage yards;
d. Crop farming on an existing parcel without any buildings;
e. Public works buildings and structures including offices, warehouses, storage, and yards.
15.2 PROHIBITED USES
a. Any buildings located within 500 meters, with the exception of buildings that are accessory
to the foregoing permitted uses.
15.3 HEIGHT RESTRICTIONS
All Buildings or structures shall conform to the 1:40 ratio in the take-off and approach zone and 1:5 ratio
in the transitional zone around the airstrip.
15.4 SITE DEVELOPMENT REGULATIONS
Airport Related Uses
Development standards including parking, signage, and landscaping
requirements shall be determined by the Council of the Town of Oxbow.
All buildings shall be set back as required by the Department of Highways
and Transportation.
Municipal Facilities
AP
Town of Oxbow Zoning Bylaw No. 1063
Page | 79
16.
FLOOD HAZARD OVERLAY (FH)
The intent of this Overlay Area is to restrict development in areas that are considered considered
hazardous for development in order to minimize property damage due to flooding. The following
regulations are intended to apply supplementary standards for development in areas designated as
flood hazard zones.
16.1 DEFINING THE AREA
.1 For all proposed development in this cautionary area, the developer shall be required to contact
Saskatchewan Water Security Agency or a professional engineer to determine the proper flood
way and flood fringe of the 1:500 year flood elevation.
16.2 SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS
.1 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 shall be prohibited.
.2 If the development of new buildings or additions is approved in the flood fringe, flood-proofing
to an elevation of 0.5 meters above the 1:500 year flood event will be required.
.3 Placement of off-site fill in the flood fringe should be limited to that required for flood-proofing
or flood risk management, in order to minimize displacement.
.4 "Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the
Hazardous Substances and Waste Dangerous Goods Control Regulations of the Environmental
Management and Protection Act of Saskatchewan.
16.3 FLOOD PROOFING REGULATIONS
.1 A development permit shall not be issued for any land use, erection, alteration or use of any
building or structure within the Flood Hazard Overlay area unless the site/development meets
approved flood proofing measures to an elevation of 0.5 meters above the 1:500 year flood
event.
.2 Existing structures within the flood way are considered to be legally non-confirming buildings
under the Planning and Development Act, 2007. Any existing buildings may be replaced or
expanded subject to appropriate flood proofing measures being provided.
.3 For the purpose of this Bylaw, appropriate flood proofing measures shall mean:
a)
that all buildings shall be designed to prevent structural damage by flood waters;
b)
the first floor of all buildings shall be constructed above the designated flood design
elevation; and
c)
All electrical and mechanical equipment within a building shall be located above the
designated flood design elevation.
FH
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Page | 80
17.
SLOPE HAZARD OVERLAY (SH)
The Intent of this Overlay Area is to restrict development in areas that are considered hazardous for
development for reasons of excessive soil erodability and/or ground instability. The following
regulations are intended to apply supplementary standards for development in areas designated as
having potential for instable soil conditions due to erosion or excessive slopes.
17.1 DEFINING THE AREA
.1 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.
.2 For the purpose of this Bylaw, the area considered to present potential erosion and/or slope
instability hazard includes but is not limited to the slopes of the Souris River Valley and its
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 meters.
.3 Council may require a surveyor to determine where this line or crest of valley is located at the
developer's expense and development will be set back from that line at all points.
17.2 SITE REGULATIONS IN THE EROSION AND SLOPE HAZARD AREA
.1 Any application for a development permit on any parcel of land that lies wholly or partially
within an area designated in the Slope Hazard Overlay (SH) must be accompanied by a detailed
site analysis prepared by a geotechnical engineer registered in the Province of Saskatchewan.
The site analysis shall indicate topography, surface drainage, geological, and geotechnical
conditions at the site of the proposed development and related to the conditions of the general
area as they relate to slope instability and erosion hazards.
.2 The geotechnical engineer shall answer the following questions:
a) Will the proposed development be detrimentally affected by natural erosion or slope
instability?
.3 Development or subdivision proposed on or within 50.0 meters (164 ft.) of the crest of a slope
greater than 15% shall require supporting evidence of slope stability by a professional engineer.
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.
.4 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. 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 shall not be required to
approve the application for development.
.5 Trees or vegetation shall not be cleared from any land within 20.0 meters (65 ft.) of any
watercourse, water body, escarpment, or of the crest of a slope greater than 15%, where the
removal could have a negative impact on the water body or bank stability.
SH
Town of Oxbow Zoning Bylaw No. 1063
Page | 81
.6 Unless a report by a registered professional engineer proves that it is safe to waive the building
setbacks, the following setbacks shall apply for all developments along a coulee, ravine or valley
with or without a permanent watercourse. Council may require a surveyor to determine where
this line or crest of valley is located at the developer's expense and development will be set back
from that line at all points.
Minimum Building Setback from the Top of a Bank
Vertical Depth of Coulee, Ravine or
Valley
Minimum Building or Structure Setback from the
Top of the Bank
Less than 3 meters
10 meters (39 ft.)
Greater than 3 meters and less
than 15 meters
10 meters
Greater than 15 meters and less
than 30 meters
15 meters (49 ft.)
Greater than 30 meters
20 meters (66 ft.)