Zoning Bylaw (RM of Aberdeen No. 373, consolidated to Bylaw 2013-06)
Rural Municipality of Aberdeen No. 373, Saskatchewan
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RURAL MUNICIPALITY OF
ABERDEEN NO. 373
ZONING BYLAW
Prepared for:
Rural Municipality of Aberdeen No. 373
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
March 2007
THE RURAL MUNICIPALITY OF ABERDEEN NO. 373
BYLAW NO. _____
A Bylaw of the Rural Municipality of Aberdeen No. 373 to adopt a Zoning Bylaw.
The Council of the Rural Municipality of Aberdeen No. 373 in the Province of Saskatchewan, in open
meeting assembled, hereby enacts as follows:
1.
Pursuant to Section 45(1) of The Planning and Development Act, 1983, the Council of the
Rural Municipality of Aberdeen No. 373 hereby adopts the "Rural Municipality of
Aberdeen No. 373 Zoning Bylaw", identified as Schedule "A" to this Bylaw.
2.
The Reeve and Rural Municipal Administrator are hereby authorized to sign and seal
Schedule "A" which is attached to and forms part of this Bylaw.
3.
Bylaw No. 9206, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
4.
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a first time this day of , _________
Read a second time this day of , _______
Read a third time this day of , ________
Adoption of bylaw this day of , _______
____________________________
REEVE
SEAL
____________________________
RURAL MUNICIPAL ADMINISTRATOR
Certified a true copy of the Bylaw adopted by Resolution of Council on the ____ day of
____________________________, _________.
A Commissioner for Oaths in the Province of Saskatchewan
My appointment expires .
SCHEDULE "A"
BYLAW No ___/200__
RURAL MUNICIPALITY OF ABERDEEN NO. 373
ZONING BYLAW
_________________________________
Reeve
S E A L
_________________________________
Rural Municipal Administrator
CONTENTS
1.
INTRODUCTION ............................................................................................................. 1
1.1
TITLE ..................................................................................................................... 1
1.2
SCOPE ................................................................................................................... 1
1.3
PURPOSE .............................................................................................................. 1
1.4
SEVERABILITY ................................................................................................... 1
2.
INTERPRETATION ......................................................................................................... 2
3.
ADMINISTRATION ....................................................................................................... 23
3.1
Development Officer ............................................................................................ 23
3.2
Application for a Development Permit ................................................................. 23
3.3
Development Not Requiring a Permit ................................................................... 23
3.4
Other Permit Requirements .................................................................................. 24
3.5
Application Requirements .................................................................................... 24
3.6
Development Permit Application Process ............................................................ 27
3.7
Discretionary Use Applications ............................................................................ 28
3.8
Validity of a Development Permit ........................................................................ 30
3.9
Amendment of Zoning Bylaw .............................................................................. 30
3.10
Development Appeals Board ................................................................................ 31
3.11
Minor Variances ................................................................................................... 31
3.12
Fees ....................................................................................................................... 32
3.13
Zoning by Agreement ........................................................................................... 33
3.14
Offenses and Penalties .......................................................................................... 33
4.
GENERAL REGULATIONS ......................................................................................... 34
4.1
Frontage on Road.................................................................................................. 34
4.2
Development on Hazard Lands ............................................................................. 34
4.3
Building to be Moved ........................................................................................... 34
4.4
Waste Disposal ..................................................................................................... 35
4.5
Water .................................................................................................................... 35
4.6
Storage of Chemicals, Fertilizers, and Combustible Materials ............................. 35
4.7
One Principal Building Permitted on a Site .......................................................... 35
4.8
Non-conforming Buildings and Uses .................................................................... 36
4.9
Mobile Homes ...................................................................................................... 36
4.10
Regulations for Signs and Billboards ................................................................... 36
4.11
Public Works, Pipelines and Facilities of the Municipality .................................. 37
4.12
Storage of Vehicles ............................................................................................... 38
4.13
Disposal of Manure .............................................................................................. 38
4.14
Special Standards and Regulations ....................................................................... 39
4.15
Depth To Frontage Ratio of Residential Lots ....................................................... 48
4.16
Setback from the Centre Line of Roads ................................................................ 48
5.
ZONING DISTRICTS .................................................................................................... 49
5.1
Classification of Zoning Districts ......................................................................... 49
5.2
Zoning District Map ............................................................................................. 49
5.3
Boundaries ............................................................................................................ 49
5.4
Regulations ........................................................................................................... 50
5.5
Transitional Zoning Provisions ............................................................................. 50
5.6
Properties with More than One Zoning District .................................................... 50
6.
A - AGRICULTURE DISTRICT ................................................................................... 51
6.1
Intent ..................................................................................................................... 51
6.2
Permitted Uses ...................................................................................................... 51
6.3
Discretionary Uses ................................................................................................ 51
6.4
Accessory Buildings and Uses .............................................................................. 52
6.5
Regulations ........................................................................................................... 52
6.6
Development Standards for Discretionary Uses ................................................... 53
7.
CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT .............................. 57
7.1
Intent ..................................................................................................................... 57
7.2
Permitted Uses ...................................................................................................... 57
7.3
Discretionary Uses ................................................................................................ 57
7.4
Accessory Buildings and Uses .............................................................................. 58
7.5
Regulations ........................................................................................................... 58
7.6
Development Standards for Discretionary Uses ................................................... 58
7A.
CRMU - COUNTRY RESIDENTIAL MIXED USES DISTRICT ............................. 60
7A.1
Intent ..................................................................................................................... 61
7A.2
Permitted Uses ...................................................................................................... 61
7A.3
Discretionary Uses ................................................................................................ 61
7A.4
Accessory Buildings and Uses .............................................................................. 62
7A.5
Regulations ........................................................................................................... 62
7A.6
Development Standards for Discretionary Uses ................................................... 63
8.
CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT ...................... 65
8.1
Intent ..................................................................................................................... 65
8.2
Permitted Uses ...................................................................................................... 65
8.3
Discretionary Uses ................................................................................................ 65
8.4
Accessory Buildings and Uses .............................................................................. 66
8.5
Regulations ........................................................................................................... 66
8.6
Development Standards for Discretionary Uses ................................................... 66
9.
C1 - COMMERCIAL / INDUSTRIAL DISTRICT ...................................................... 69
9.1
Intent ..................................................................................................................... 69
9.2
Permitted Uses ...................................................................................................... 69
9.3
Discretionary Uses ................................................................................................ 69
9.4
Accessory Buildings and Uses .............................................................................. 70
9.5
Regulations ........................................................................................................... 70
9.6
Development Standards for Discretionary Uses ................................................... 71
9.7
Off-Street Parking and Loading ............................................................................ 72
10.
MAPS ................................................................................................................................ 74
1
1.
INTRODUCTION
1.1
TITLE
This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Aberdeen No.
373".
1.2
SCOPE
All development within the limits of the Municipality shall be in conformity with the
provisions of this bylaw.
1.3
PURPOSE
This is a Bylaw to control the use and development of the land in the municipality and assist
in implementing the Basic Planning Statement Bylaw.
1.4
SEVERABILITY
If any part of this Bylaw, including anything shown on the zoning district map, is declared to
be invalid for any reason, by an authority of competent jurisdiction, that decision shall not
affect the validity of the Bylaw as a whole, or any other part, section or provision of this
Bylaw.
2
2.
INTERPRETATION
Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise
provides be held to have the following meaning:
Accessory Building or Use: means a building or use which:
(i)
is subordinate to and serves the principal building or principal use.
(ii)
is subordinate in area, extent and purpose to the principal building or principal use
served.
(iii)
contributes to the comfort, convenience or necessity of occupants of the principal
building or principal use served.
(iv)
is located on the same site as the principal building or principal use served.
Act: means The Planning and Development Act, 2007, as amended.
c. Bylaw 2009-01
Agroforestry: is a collective name for the practice of intentionally using trees within land use systems
and practices in which woody perennials are deliberately integrated with crops and/or animals on the
same land management unit either in a spatial or temporal sequence.
Alteration: means any structural change or addition made to any building or structure.
Amusement Park: means development including go-cart, paint ball and miniature golfing facilities,
concessions and arcades, swimming pools, water slides, batting cages and other similar uses.
Ancillary Use: means a use that is secondary and subordinate in purpose to the principal use on the
same site, but is not necessary for the operation of the principal use on that site.
c. Bylaw 2009-01
Animal Unit: means the kind and number of animals calculated in accordance with the following:
KIND OF ANIMAL
NUMBER THAT EQUALS ONE ANIMAL UNIT
1.
Poultry
a) hens, cockerels, capons
100
b) chicks, broiler chicken
200
c) turkeys, geese, ducks
50
d) ostrich
7
e) emu
16
2.
Hogs
a) boars or sows
3
b) gilts
4
c) feeder pigs
6
d) weanling pigs
20
3
3.
Wild Boars
a) boars or sows
3
b) gilts
4
c) feeder pigs
6
d) weanling pigs
20
4.
Sheep
a) rams or ewes
7
b) lambs
14
5.
Goats, etc. (including llamas, alpacas, etc.)
7
6.
Cattle
a) cows or bulls
1
b) feeder cattle
1.5
c) replacement heifers
2
d) calves
4
7.
Horses
a) colts or ponies
2
b) other than colts or ponies
1
8.
Other
a) bison cows or bulls
1
b) bison calves
4
c) elk, reindeer
4
d) deer
7
Apartment House: means a building divided into three (3) or more dwelling units as herein defined,
each of which is occupied or intended to be occupied as a permanent home or residence, as distinct
from a hotel or motel, but excluding townhouses and street townhouses as herein defined.
Applicant: means a developer or person applying for a development permit under this bylaw.
Bare Land Condominium: means a condominium divided into bare land units, as defined in The
Condominium Property Act, 1993.
Bare Land Unit: means a bare land unit as defined in The Condominium Property Act, 1993.
Bed and Breakfast Home: means a dwelling unit in which the occupants thereof use a portion of the
dwelling unit for the purpose of providing, for remuneration, sleeping accommodation and one meal
per day to members of the general public, for periods of one week or less, and in which:
(a)
not more than three bedrooms within the dwelling unit are used to provide such
sleeping accommodation.
(b)
the dwelling unit is the principal residence of the persons receiving the remuneration
and providing the sleeping accommodation and one meal per day.
(c)
the meal which is provided is served before noon each day.
4
Building: means a structure used for the shelter or accommodation of persons, animals, or chattels.
Building Bylaw: means any bylaw of the Rural Municipality of Aberdeen No. 373 regulating the
erection, alteration, repair, occupancy or maintenance of buildings or structures.
Building Floor Area: means the maximum habitable area contained within the outside walls of a
building, excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic
or unfinished basement.
Building Height: means the vertical distance of a building measured from grade level to the highest
point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level
between eaves and ridge for a gable, hip or gambrel roof (refer to Figure 2-1).
Building Line, Established: means a line, parallel to the front site line (and, in the case of corner
sites, a line, parallel to the side site line along the flanking street), and set back the average distance
from the edge of the street to the main walls of the existing buildings on a side of any block of the
street where more than half the lots have been built on.
Building Permit: means a permit issued under a building bylaw of the municipality authorizing the
construction of all or part of any building.
Building, Principal: means the main building in which the principal use of the site is conducted.
Campground: means the seasonal operation of an area of land managed as a unit, providing
temporary short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles and
campers, used by travellers and tourists.
Campsite: means a designated and delineated area within a campground, tourist camp or trailer court
that is intended to accommodate a single tent, tent party or trailer coach.
Carport: means a roofed enclosure for the parking of a motor vehicle or motor vehicles which has less
than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash: means a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery: means property used for the internment of the dead and may include facilities for the
storage of ashes of human remains that have been cremated.
Club: means a group of people organized for a common purpose, to pursue common goals, interests or
activities, usually characterized by certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.
5
INSERT FIGURE 2-1
6
Community Centre: means a building or facility used for recreational, social, educational or cultural
activities and which is owned by a municipal corporation, non-profit corporation or other non-profit
organization.
Construction Trades: means offices, shops and warehouses, with or without associated retail sales of
plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of
buildings.
Convenience Store: means a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day-to-
day service to residents in the vicinity.
Council: means the Council of the Rural Municipality of Aberdeen No. 373.
Cultural Institution: means an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest.
Custodial Care Facility: means either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions of
The Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or
(b)
a facility for the accommodation of persons participating in a community training program
pursuant to The Correctional Services Act.
in which the number of persons in detention, custody or residence does not exceed five.
Day Care Centre: means a facility for the non-parental care of over four (4) preschool age children on
a daily basis and licensed under the The Child Care Act.
Deck: means a raised open platform, with or without rails, attached to a principal building.
Development: means the carrying out of any building, engineering, mining or other operations, in, on,
or over land, or the making of any material change in the use or intensity of use of any building or
land.
Development Permit: means a document authorizing a development issued pursuant to this Bylaw.
Discretionary Use: means a use or form of development specified in this Bylaw, which may be
allowed following application to, and approval of, the Council; and which complies with the
development standards, as required by Council, contained in this Bylaw.
Dwelling Group: means a group of two or more detached one unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof occupying the same site.
Dwelling, Multiple Unit: means a building divided into three or more dwelling units as herein
defined and shall include town or row houses and apartment houses but not hotels, or motels.
7
Dwelling, Semi-Detached: means a dwelling unit on its own site, attached to another dwelling unit on
its own site, with a common wall dividing the two dwelling units throughout at least 40% of the length
of the entire structure, measured from the front to the rear building lines.
Dwelling, Single Detached: means a detached building consisting of one dwelling unit as herein
defined, but shall not include a mobile home or prefabricated home as herein defined.
Dwelling, Street Townhouse: means a dwelling unit on its own site, attached to two or more other
dwelling units, each on their own sites, with a common wall dividing the dwelling units throughout at
least 40% of the depth of the entire structure.
Dwelling, Two-Unit: means a detached building divided into two dwelling units as herein defined.
Dwelling Unit: means one or more habitable rooms constituting a self-contained unit and used or
intended to be used together for living and sleeping purposes by one or more persons.
Educational Institution: means post-secondary college, university or technical institution, but shall
not include a private school.
Equestrian Facility: means the use of land, buildings, or structures including an indoor or outdoor
riding ring to house, show, exercise, train, or board horses.
c. Bylaw 2013-06
Face Area, Sign: means the area of the single face of any sign and is calculated using the illustration
in Figure 2-2.
Face Area, Total Sign: means the total amount of sign face area on a sign including all sides.
Farm: means the land, buildings, and machinery used in the commercial production of farm products.
Farm Based Business: means an occupation carried on by the operators of a farm, ancillary to the
principal use.
Farm Operation: means conditions or activities which occur on a farm in connection with the
commercial production of farm products, including agroforestry, but not including Intensive Livestock
Operations or Intensive Agricultural Operations.
8
insert Figure 2-2
9
Farm Product: means those plants and animals useful to man and including, but not limited to:
(a)
forages and sod crops.
(b)
grains and feed crops.
(c)
dairy and dairy products.
(d)
poultry and poultry products.
(e)
livestock, including breeding and grazing.
(f)
fruits.
(g)
vegetables.
(h)
flowers.
(i)
seeds.
(j)
grasses.
(k)
trees.
(l)
apiaries and honey production.
(m)
equine and other similar products.
(n)
other product which incorporate the use of food, feed, fibre or fur.
Fence: means an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution: means a bank, credit union, trust company, or similar establishment.
Flankage: means the side site line of a corner site which abuts the street.
Foreshore: means the Crown Land lying between the shore of any watercourse and registered surface
parcels.
Gas Bar: means a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
Hazard Land: means land which may be prone to flooding, slumping, subsidence, landslides,
erosion, any other instability, or is located within a flood plain or watercourse.
Hazardous Material: means any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually
or in combination with other substances, is an existing or potential threat to the physical environment,
to human health or to living organisms, including but not limited to:
(a)
Corrosives.
(b)
Explosives.
(c)
Flammable and combustible liquids.
(d)
Flammable solids. substances liable to spontaneous combustion, substances that on
contact with water emit flammable gases.
(e)
Gases, compressed, deeply refrigerated, liquified or dissolved under pressure.
(f)
Oxidizing substances; organic peroxides.
(g)
Poisonous (toxic) and infectious substances.
(h)
Radioactive materials.
(i)
Waste Dangerous Materials.
(j)
Any other environmentally hazardous substance.
10
Health Care Clinic: means a facility or institution engaged in the provision of services for health
maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-
patient basis.
Highway Sign Corridor: means a strip of land parallel and adjacent to a provincial highway where
private signs may be permitted to advertise goods and services of local area businesses and attractions,
as provided by regulations of the Department of Highways and Transportation entitled "The Erection
of Signs Adjacent to Provincial Highway Regulations, 1986", as may be amended from time to time.
Home Based Business: means an occupation carried on by the occupants of a residence ancillary to a
principal use.
Hotel: means a building or part of a building used as a place for sleeping accommodation with or
without meals, and which may have a licensed beverage room, but does not include a motel.
Institutional Camp: means an area of land containing sleeping accommodations and facilities
which are used to provide short term accommodation for persons engaged in passive or active
recreation or leisure, which, without limiting the generality of the foregoing, shall include the
following: children's camp or establishment, religious camp, artist's camp, retreat, educational
camp, recreational camp, sports camp or other similar camp or establishment.
Intensive Agricultural Operation: means a principal use that produces a crop that is grown in
buildings or under structures, using hydroponic techniques, or by use of intensive irrigation and
fertilizer application, but not including an intensive livestock operation.
Intensive Livestock Operation (ILO): means the operation or facilities for rearing, confinement or
feeding of poultry, hogs, sheep, goats, cattle horses or domesticated game animals, in such numbers
that the facility and portion of a site used for the operation:
(a)
will contain 100 or more animal units; and
(b)
provides less than 370 m2 of space for each animal unit contained therein.
Intersection: means an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: means uses including, but not limited to, uses involved in salvaging,
storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as
unlicensed vehicles and used vehicle parts.
Kennel: means the temporary accommodation of dogs, cats or other domestic animals for commercial
purposes.
Landscaping: means the changing, rearranging, or adding to the original vegetation of a site,
including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or
decorative features.
11
Lane: means a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land.
Linear Park: means dedicated land developed in a linear fashion, between 15 and 35 metres in width,
intended to facilitate pedestrian and cycling transportation, and may also facilitate the management of
storm water.
Loading Space: means a space, measuring at least 2.4 metres in width and 8.4 metres in depth,
located on a site, and having access to a street or lane, in which a vehicle may park to load or unload
goods.
Lot: means an area of land with fixed boundaries and which is of record with the Information Services
Corporation by Certificate of Title.
Lounge: means a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for
consumption on the premises, with or without food, and where no entertainment or dance floor is
permitted, either in the lounge or in the restaurant attached to the lounge.
Mall: means a single story commercial building in which, up to six (6) of the permitted or
discretionary commercial uses of the C1 - Commercial / Industrial District are located together for
their mutual benefit, each use having a separate entrance to the outside.
Membrane Covered Structure: means a structure consisting of a frame that is covered with a plastic,
fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles, boats,
recreational vehicles, or other personal property. The term shall also apply to structures also
commonly known as hoop houses, canopy covered carports, tent garages and can be fully or partially
covered, but does not include gazebos.
c. Bylaw 2009-01
Minister: means the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
c. Bylaw 2009-01
Mobile Home: means a trailer coach:
(a)
that is used as a dwelling all year round.
(b)
that has water faucets and shower or other bathing facilities that may be connected to a water
distribution system.
(c)
that has facilities for washing and a water closet or other similar facility that may be
connected to a sewage system.
(d)
that conforms to Canadian Standards Association, Construction Standard No.
Z240.2.1-1979 and amendments thereto.
Mobile Home Court: means any parcel of land on which two or more occupied mobile homes are
located and includes any structure used or intended to be used as part of the equipment of such mobile
home court.
12
Mobile Home, Double Wide: means a mobile home consisting of two sections, separately towable,
but designed to be joined together into one building.
Mobile Home, Single Wide: means a mobile home designed to be towed as a single load and less
than 6.09 metres wide.
Mobile Home Site: means an area of land in a mobile home court for the placement of a mobile
home.
Mobile Home Subdivision: means any residential subdivision of land containing lots under either
freehold or leasehold tenure for the purpose of accommodating mobile homes in such a manner that
each mobile home is situated on its own lot and in which all such lots, public open spaces, internal
streets and lanes, buffer zones and other amenity areas form a contiguous area of development.
Modular Unit: means a factory built frame or shell which comprises supporting and non-supporting
walls, siding and other components of a prefabricated home representing only a section of a dwelling
and has neither chassis, running gear nor its own wheels.
Modular Home: means a factory built home that is manufactured as a whole or modular unit and is
designed to be moved on a removable chassis to be used as a one unit dwelling, and is certified by the
manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard.
Modular Home, Single Wide: means a modular home that is designed to be moved and placed onto a
permanent foundation as a whole unit in a single load and which is less than 5 metres in width.
Modular Home, Double Wide: means a modular home that is designed to be moved and place onto a
permanent foundation in two or more modular units that, when joined together, exceed 8 metres in
width.
Motel: means an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public, and
may include a restaurant or licensed dining room.
Municipal Facility: means land and / or structures owned by the Rural Municipality of Aberdeen No.
373 that are used for:
(a)
office and meeting space.
(b)
storage of municipal equipment and supplies.
(c)
recreation.
(d)
other institutional purposes.
Municipality: means The Rural Municipality of Aberdeen No. 373.
Non-Conforming Building: means a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect of which all
required permits have been issued, at the date a Zoning Bylaw or any amendment to
this Bylaw affecting the building or land on which the building is situated or will be
situated becomes effective.
13
(b)
that on the date this Bylaw or any amendment to this Bylaw becomes effective does
not, or when constructed will not, comply with this Bylaw.
Non-Conforming Site: means a site, consisting of one or more contiguous parcels, that on the day of
zoning bylaw or any amendment to a zoning bylaw becomes effective, contains a use that conforms to
the bylaw, but the site area or site dimensions do not conform to the standards of the zoning bylaw for
that use.
c. Bylaw 2009-01
Non-Conforming Use: means any use of land, building, or structure lawfully existing 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 zone district in which it is located.
Office and Office Building: means 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 trade are stored, transhipped, sold or processed.
Outfitter Base Camp: means a commercial recreation facility that provides outfitting services by a
licensed outfitter and which may include accommodation licensed under The Public Accommodation
Regulations and the storage and provision of related outfitting equipment, or the dressing, butchering,
cleaning or freezing of game or fish, as part of the service.
Outfitting Equipment: means equipment and supplies, including boats, canoes and other water
vessels, aircraft, motor vehicles, motors, fuel, fishing and hunting gear and any other equipment for
use in:
(a)
hunting, taking or catching wildlife.
(b)
angling, taking or catching fish.
(c)
ecotourism, including the viewing and photographing of natural areas, flora and
fauna.
Parking Lot: means an open area of land, other than a street, used for the temporary parking of more
than four vehicles and available for public use whether cost-free, for a fee or for accommodation of
clients or customers.
Parking, Off-Street: means accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: means a space within a building or parking lot for the parking of one
vehicle, having minimum dimensions of 2.4 metres wide by 5.5 metres deep, and which has access to
a developed street or lane.
Passive Recreation Use: means a recreational land use that does not require significant development
upon the site and does not lessen the natural character of the area.
Permitted Use: means a use or form of development allowed as of right in a zoning district, subject to
the regulations contained in this Bylaw.
14
Personal Care Home: means a facility licensed under The Personal Care Homes Act that provides
long term residential, social and personal care, including accommodation, meals, supervision or
assistance for persons who have some limits on ability for self-care, and are unrelated to the operator
or owner.
Personal Service Shops: means establishments engaged in providing the care of a person or their
apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair,
photographic studios and other similar uses.
Photography Studio: means a place used for portrait or commercial photography, including the
developing and processing of film, and the repair or maintenance of photographic equipment.
Place of Worship: means a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Preschool: means a facility which provides a program for preschool aged children.
Public Hospital: means a hospital operated by the Regional Health Authority.
Public Utility: means a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Public Work: includes:
(a)
systems for the production, distribution or transmission of electricity.
(b)
systems for the distribution, storage or transmission of natural gas or oil.
(c)
facilities for the storage, transmission, treatment, distribution or supply of water.
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
(e)
telephone, internet, cable television or light distribution or transmission lines.
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Principal Building: means the main building in which the principal use of the site is conducted.
Principal Use: means the main activities conducted on a site.
Public Utility: means a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Recreational Facility: means a recreation or amusement facility open to the general public.
Recreational Facility, Integrated: means a public or private recreational facility located in or
adjacent to a multi-parcel country residential subdivision for the purpose of providing recreational
opportunities and services to a local population.
c. Bylaw 2013-06
Recreation Vehicle: means a unit intended to provide temporary living accommodation for campers
or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor
homes, tent trailers and travel trailers.
15
Recycling Collection Depot: means a building or structure used for collection and temporary storage
of recyclable household material such as bottles, cans, plastic containers and paper. The following
shall not be allowed at a recycling collection depot:
(a)
processing of recyclable material other than compaction.
(b)
collection and storage of paints, oil, solvents or other hazardous material.
(c)
outdoor compaction.
Reeve: means the Reeve of the Rural Municipality of Aberdeen No. 373.
Residential Care Facility: means a licensed or approved group care facility governed by Provincial
regulations that provides, 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.
Restaurant: means a place where food and beverages are prepared and served to patrons seated at
tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a
drive-through service window.
Retail / Service Commercial: means the sale or display of merchandise to the public, including the
storage of merchandise on or about the premises in quantities sufficient only to supply the
establishment or establishments engaged in such merchandise sales ;or providing the care of a person
or their apparel and accessories, including but not limited to childcare services, beauty salons and
barber shops, massage services, health clubs, tanning beds, spas, esthetics, laundry service,
laundromats, dry cleaning, shoe repair, tailor or seamstress services, photographic studios and other
similar uses, including the provision of health related services.
Rural Municipal Administrator: means the Rural Municipal Administrator for the Rural
Municipality of Aberdeen No. 373.
School: means a body of pupils that is organized as a unit for educational purposes, that comprises
one or more instructional groups or classes, together with the principal and teaching staff and other
employees assigned to such body of pupils, and includes the land, buildings or other premises and
permanent improvements used by and in connection with that body of pupils.
Screening: means a fence, wall, berm or planted vegetation located so as to visually shield or obscure
one abutting area of use from another.
Service Station: means a place where petroleum products are kept for retail sales for automobiles and
other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of
automobiles or other motor vehicles may be performed, but not including painting, body work and
major repairs.
Sight Triangle: means the triangular area formed, on corner sites, by the intersecting front and side
site lines at a street intersection and the straight line joining said site lines at points which are 7.6
metres distant from the point of intersection, measured along said site lines (refer to Figure 2-3).
16
Sign: means any writing (including letter or word), billboard, pictorial representation (including
illustration or decoration), emblem (including devise, symbol or trademark), flag (including banner or
pennant), or any other figure of similar character which:
(a)
is a structure or any part thereof, or is attached to, painted on, or in any manner
represented on a building.
(b)
is used to announce, direct attention to, or advertise a use or building.
(c)
is visible from outside the building.
Sign, Billboard: means a large poster panel with a maximum single sign face not to exceed 23.23 m2
or a painted bulletin and includes any structure, panel, board or object designed exclusively to support
such poster, panel, or a painted bulletin. These signs typically advertise off-site products and services.
Sign Face Area: means the area of the single face of any sign.
17
Insert figure 2-3
18
Sign, Temporary: means a removable sign erected for a period of time not exceeding six months.
Site: means one or more contiguous lots under one title and used, or intended to be used, by a single
principal use.
Site, Corner: means a site at the intersection or junction of two (2) or more streets (refer to Figure 2-
4).
Site, Interior: means a site other than a corner site (refer to Figure 2-4).
Site, Through: means a site not more than one lot in depth, having a frontage on two streets more or
less parallel (refer to Figure 2-4).
Site Coverage: means that portion of the site that is covered by principal and accessory buildings.
Site Drainage Plan: means a plan which shows the existing and proposed topography of a site, with
contour intervals and drawn to scale, with appropriate dimensions and sufficient spot elevations to
adequately demonstrate to the Development Officer that the proposed drainage pattern will not have
an adverse affect on neighbouring properties and streets.
Site Frontage: for rectangular sites, means the horizontal distance between the side site lines of the
site measured along the front site line. For non-rectangular sites, means the average of the horizontal
distances between the side site lines of the site measured along the front and rear site lines.
Site Line, Front: means the boundary at the front of the site.
Site Line, Rear: means the boundary at the rear of the site and opposite the front site line.
Site Line, Side: means a site boundary other than a front or rear site line.
Street: means a public road or thoroughfare registered by plan of survey which affords the principal
means of access to abutting property, but shall not include an easement or lane.
Structure: means anything that is built, constructed, or erected, located in, on, or over the ground, or
attached to something located in or over the ground.
Subdivision: means a division of land as described in the regulations pursuant to The Land Surveys
Act, 2000.
Temporary Building: means a building without a foundation or footing, and that is to be removed
upon expiration of a designated time period.
Temporary Use: means a use established for a fixed period of time and that is to be discontinued
upon the expiration of the time period specified for that use.
19
Insert Figure 2-4
20
Temporary Work Camp: means a temporary residential complex used to house camp workers by
various contracting firms on a temporary basis of more than 28 days and less then one (1) year. The
camp is usually made up of a number of mobile units, clustered in such fashion as to provide sleeping,
eating, recreation and other basic living facilities.
Tourism Base Camp: means a commercial recreation facility which provides outfitting services for
the viewing of natural areas and wildlife, but not including services for hunting, taking, catching or
angling of wildlife or fish, and which may include accommodation licensed under The Public
Accommodation Regulations and the storage and provision of related outfitting equipment.
Tourist Camp: means a facility which has two or more cabins for the accommodation of the
travelling public and may also have provision for the accommodation of trailers, tent trailers, tents and
recreational vehicles.
Trailer Coach: means any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public roads or highways and includes a self-propelled or non-self-propelled vehicle
designed, constructed or reconstructed in such a manner as to permit occupancy as a dwelling or
sleeping place for one or more persons notwithstanding that its running gear is removed or that it is
jacked-up.
Trailer Court: means a site for the accommodation of two or more camp sites for trailer coaches,
including any building or structure used or intended for use as part of the equipment for such trailer
court, but does not include an industrial or construction camp.
Trapping: means the taking of fur animals by a trapper licensed under the Wildlife Act, 1998
and associated regulations, by means of traps, where the trapper has several traps operating at
one time and checks them in a planned and regular manner, and may include temporary
accessory buildings secondary and accessory to the use.
Tree Nursery: means the use of land for raising shrubs, trees and bedding plants.
Use: means the purpose or activity for which a piece of land or its buildings is designed, arranged or
intended, occupied or maintained.
Use, Agricultural Related Commercial: means a service to the agricultural community such as grain
and seed cleaning and drying, fertilizer distribution, implement and machinery assemblage, sale and
service, veterinary clinics, hatcheries, apiaries, bulk fuel sales, stock yards, auction marts, feed mills,
oil seed processing plants, and other similar uses.
Use, General Industrial: means any of the following activities:
(a)
the processing of raw or finished materials.
(b)
the manufacturing or assembly of goods, products or equipment.
21
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment
normally associated with industrial or commercial businesses or cleaning, servicing
and repair operations to goods and equipment associated with personal or household
use, where such operations have impacts that would make them incompatible with
non-industrial development.
(d)
the storage or transshipping of materials, goods and equipment, including
warehouses.
(e)
the training of personnel in general industrial operations.
(f)
indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Use, Hazardous Industrial: means an industrial use involving the manufacturing, storage,
processing, transhipment, collection, treatment or disposal of hazardous materials or chemicals
(specifically excluding agricultural fertilizer, herbicide or pesticide warehousing and/or sales facilities,
depots for the collection of farm chemical containers, and ethanol and biodiesel plants and associated
production facilities).
Veterinary Clinic: means 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.
Warehouse: means a building used primarily for the storage of goods and materials.
Wholesale Establishment: means the sale of commodities to retailers or jobbers and shall include the
sale of commodities for the purpose of carrying on any trade or business.
Waste Management or Disposal Facility, Liquid: means a facility to accommodate any waste which
contains animal, mineral or vegetable matter in solution or suspension, but does not include a manure
storage area for an intensive livestock operation.
Waste Management or Disposal Facility, Solid: means a facility, not including a waste transfer
station, to accommodate discarded materials, substances or objects which originated from residential,
commercial, institutional and industrial sources which are typically disposed of in municipal or private
landfills, but not including dangerous goods, hazardous waste or biomedical waste.
Wildlife Management Activities: means activities involved in the proper management of an area or
region for the continuous production of wildlife therefrom.
Yard: means an unoccupied space open to the sky on the same site with a building or structure.
Yard, Front: means that part of a site which extends across the full width of a site between the front
site line and the nearest main wall of a building or structure.
Yard, Rear: means that part of a site which extends across the full width of a site between the rear
site line and the nearest main wall of a building or structure.
Yard, Required: means the minimum yard required by this Bylaw and within which, unless
specifically permitted, no building or structure, or part of a building or structure shall be erected.
22
Yard, Side: means the part of a site which extends from a front yard to the rear yard between the side
line of a site and the nearest main wall of a building or structure.
Zoning District: A specifically delineated area of the municipality within which certain uniform
requirements and regulations or various combinations thereof govern the use, placement, spacing and
size of land and structures.
23
3.
ADMINISTRATION
3.1
Development Officer
The Rural Municipal Administrator (Administrator) shall be the development officer
responsible for the administration this Bylaw. The Administrator may appoint a Development
Officer subject to the approval of Council, to whom duties in the administration of the Zoning
Bylaw may be delegated.
3.2
Application for a Development Permit
3.2.1
Except as provided in Section 3.3 no person shall undertake a development or
commence a use unless a Development Permit has first been obtained. A
Development Permit cannot be issued in contravention of any of the provisions
of this Bylaw subject to Sections 213 to 227 of The Act.
c. Bylaw 2009-01
3.2.2
Farm residences will require a development permit.
3.2.3
Intensive livestock and poultry operations with 100 or more animal units shall be
considered intensive livestock operations under this bylaw and will also require a
development permit.
3.3
Development Not Requiring a Permit
3.3.1
Developments which do not require a development permit include:
(1)
Accessory Farm Buildings and Structures: Farm buildings and structures,
but excluding any Intensive Livestock Operation structure, or any new
dwelling, where accessory to a permitted agricultural use.
(2)
Small Accessory Buildings: Single storey accessory buildings with a
building floor area less than 9.3 m2 do not require a permit.
(3)
Public Works: Any operation for the purposes of inspecting, repairing, or
renewing sewers, mains, cables, pipes, wires, tracks or similar public works
as required by a public utility, and the installation of service connections to
property in the municipality. Note: a permit is required for the installation
of new transmission lines associated with facilities and systems for public
works as defined herein.
c. Bylaw 2009-01
(4)
Municipal Facilities: Any facility installed and operated by the Rural
Municipality.
(5)
Signs: Subject to the provisions of Section 4.10 of this bylaw.
24
(6)
Maintenance: Maintenance and repairs that do not include any structural
alterations.
(7)
Fences: Fences do not require a development permit.
(8)
Trapping: Trapping does not require a development permit.
(9)
Temporary Confinement of Livestock: The temporary confinement of
livestock during the winter months as part of a permitted farm operation does
not require a development permit.
3.3.2
Development listed in Section 3.3.1of this Bylaw must be allowed in the zoning
district in which they are located and must comply with the regulations of this Bylaw.
3.4
Other Permit Requirements
3.4.1
A building permit shall not be issued unless a Development Permit, where required,
has also been issued.
3.4.2
Nothing in this Bylaw shall exempt any person from complying with the
requirements of a building bylaw or any other bylaw in force within the municipality,
or from obtaining permission required by this or any other bylaw in the municipality,
the province or the federal government.
3.4.3
Where the provisions in this Bylaw conflict with those of any other municipal,
provincial or federal requirement, the higher or more stringent standards shall prevail.
3.5
Application Requirements
3.5.1
Except in the case of applications for a home based business, every application for a
development permit and every application for a discretionary use shall be
accompanied by the following:
(1)
the names, addresses and telephone numbers of the applicant, property
owner and person or consultant who prepared the plans being submitted,
including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed
use of the existing building floor area to be altered or occupied, including the
area of the proposed building or renovations.
(3)
the complete legal description of the subject property.
(4)
a copy of a site plan, drawn to scale with appropriate dimensions, showing
the following information:
-
north arrow, roads adjacent to the site, all property boundaries,
identified frontage of site, site area, site elevations, and the location
25
of any existing buildings, structures, utility poles and wires,
underground utilities, easements, building encroachments, and type
and location of existing trees.
-
the location and size of proposed buildings or structures, including
all front, side and rear yard setback dimensions where relevant.
-
the location and size of all entrances and exits to the site.
-
the method and location of on-site sewage disposal facilities and,
where proposed, manure storage facilities.
3.5.2
For certain developments or discretionary uses, additional information shall be
required in support of the application, as follows:
(1)
The applicant for a development permit for a mobile home court,
campground, tourism base camp, tourist camp, outfitter base camp or trailer
court shall provide the Development Officer with a plan of the site,
identifying any buildings, uses of land and the location of all roadways,
buildings, structures, mobile home sites and campsites with dimensions.
The addition or rearrangement of sites or accommodation facilities, the
construction or moving of buildings, material changes in use of portions of
land, or the filling or clearing of land shall require a development permit,
and the applicant shall submit for approval an amended plan incorporating
the proposed development.
(2)
An applicant for a discretionary use approval for an intensive livestock
operation shall provide documentation, to Council's satisfaction:
-
of distances to the nearest land uses, development types and
municipal limits, whether within the Municipality or within an
adjacent municipality, listed in Table 4-1 of the Basic Planning
Statement and measured as specified in the notes to that table (refer
to Section 4.3 of the Basic Planning Statement).
-
that the water supply is sufficient for the development and that the
supply for neighbouring developments will not be adversely
affected by the proposed operation.
-
of proposed methods of manure management, including on-site
storage or stockpiling, transportation, and spreading, incorporation
or disposal.
-
of proposed odour management and control measures, including
proposed odour management and control related to earthen manure
storage facilities and liquid manure lagoons, and odour management
26
and control measures related to the ventilation of hog or poultry
barns.
-
of the location and extent of sufficient lands to be used for the
spreading of manure from the ILO, as well as proposals for the
annual confirmation of the continued availability of such lands.
-
of the proposed methodology for monitoring on-site and
neighbouring wells for water quality and quantity purposes after the
ILO has begun operation, and for reporting on same to Council.
-
with applications for wild boar operations, of a containment plan,
setting out in detail the techniques and methods to be used to keep
the wild boars contained.
(3)
An applicant for a discretionary use application for an intensive agricultural
operation where intensive irrigation is required shall provide documentation,
to Council's satisfaction, that the water supply is sufficient for the
development and that the supply for neighbouring developments will not be
adversely affected by the proposed operation.
(4)
An applicant for a discretionary use approval for a commercial or industrial
use may be required to provide documentation, to Council's satisfaction, as
specified in Section 7.3(6) of the Basic Planning Statement and
documentation that the locational criteria in Section 7.3(8) of the Basic
Planning Statement are satisfied.
(5)
An applicant for a discretionary use approval for a hazardous industrial use
shall provide documentation, to Council's satisfaction:
-
of distances to the nearest land uses, development types and
municipal limits, whether within the Municipality or within an
adjacent municipality, listed in Table 7-2 of the Basic Planning
Statement and measured as specified in the notes to that table (refer
to Section 7.3(12) of the Basic Planning Statement).
-
of the distance to the nearest permanent surface water course or
permanent water body.
(6)
An applicant for a discretionary use approval for a public work in the form
of a solid or liquid waste management or disposal facility shall provide
documentation, to Council's satisfaction:
-
of distances to the nearest land uses, development types and
municipal limits, whether within the Municipality or within an
adjacent municipality, listed in Table 8-1 of the Basic Planning
27
Statement and measured as specified in the notes to that table (refer
to Section 8.3(8) of the Basic Planning Statement).
(7)
An application for a dwelling in any country residential zoning district shall
provide a copy of a site drainage plan, drawn to scale, with appropriate
dimensions except for the following:
(a)
Development that does not involve the erection of any buildings or
changes in site grades.
(8)
An application for any new communal water or sewer system shall include a
copy of the drawings, as required by the Public Health Act, 1994 and
associated regulations or The Environmental Management and Protection
Act and associated regulations.
c. Bylaw 2009-01
3.6
Development Permit Application Process
3.6.1
The Development Officer shall review all applications for completeness and shall
inform an applicant whose application is not complete, of the information or
documentation required to complete the application, and that the application will not
be considered until it is complete.
3.6.2
The Development Officer may submit any application to Council for a decision on
the interpretation of the bylaw, or on special conditions provided in the bylaw, and
shall inform the applicant of this action. Council or the Development Officer may
require the applicant to provide such further information as may be required to make
a decision.
3.6.3
Upon completion of the review of a complete application for development, the
Development Officer shall issue a development permit for a development that
complies in all respects with the requirements of this Zoning Bylaw, the Basic
Planning Statement and The Planning and Development Act, 2007.
c. Bylaw 2009-01
3.6.4
Where an application is made for a development permit with respect to a
development for a discretionary use which has been approved by Council, the
Development Officer shall issue a development permit subject to any specified
development standards prescribed by Council pursuant to Section 56(3) of The
Planning and Development Act, 2007.
c.Bylaw 2009-01
3.6.5
Every decision of the Development Officer with respect to an application for a
development permit shall be in writing and a copy of the decision shall be sent to the
applicant.
3.6.6
The Development Officer may revoke a development permit where:
28
(1)
the development permit has been issued in error; or
(2)
an approved development is not being developed or operated in accordance
with the provisions of this Zoning Bylaw, or in accordance with the
standards and conditions specified in the development permit.
3.6.7
The Development Officer shall give the reasons for denying or revoking a
development permit.
3.7
Discretionary Use Applications
3.7.1
The following procedures shall apply to discretionary use applications:
(1)
The Development Officer shall review all applications for completeness and
shall inform an applicant whose application is not complete, of the
information or documentation required to complete the application, and that
the application will not be considered until it is complete.
(2)
The application will be reviewed by the Development Officer for
conformance with the Basic Planning Statement, this Zoning Bylaw and any
other applicable policies and regulations, and will refer the application,
along with a written report documenting the results of the review, to
Council.
(3)
Council will review the application and Development Officer's report and
may request comments or information from other government agencies to
assist in Council's review of the application, where appropriate.
(4)
When Council has received requested comments or information from other
agencies, the Development Officer shall set a date, time and location of the
Council meeting at which the application will be considered.
(5)
The Development Officer shall advertise the proposed discretionary use by
mailing a copy of a notice of the application to the assessed owner of each
property within one (1) mile of the proposed discretionary use for the
following:
(a)
any discretionary residence or any ancillary use, whether permitted
or discretionary, to a farm operation or residence.
(b)
a commercial use in a hamlet or residential district.
(c)
any new intensive livestock operation or expansion or alteration to
an intensive livestock operation.
(d)
kennels.
29
(6)
In addition to the mailing of the notice specified in (5) above, the
Development Officer shall prepare an on-site notification poster, which must
be placed on the site by the applicant and must remain on the site until the
application is considered by Council.
(7)
The notices described in (5) and (6) above shall describe the use applied for,
describe the location of the use and specify the date, time and location of the
Council meeting at which the application will be considered.
(8)
The notices described in (5) and (6) above shall be mailed and posted no less
than two weeks prior to the date of the Council meeting at which the
application will be considered.
3.7.2
Discretionary Use Evaluation Criteria
Council will apply the following general criteria, and where defined by specific
criteria, in the assessment of the suitability of an application for a discretionary use or
discretionary form of development.
(1)
The proposal must be in accordance with all relevant sections of the Official
Community Plan and Zoning Bylaw and must demonstrate that it will
maintain the character, density and purpose of the zoning district where
necessary through the provisions 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 utilities and community facilities.
(3)
The proposal must not be detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity injurious to
property, improvements or potential development in the vicinity.
(4)
The proposal must provide sufficient landscaping and screening and, where
possible, shall preserve existing vegetation.
(5)
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 possible, further appropriate provisions
shall be made so as to ensure no adverse parking or access affects occur.
(6)
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 that may
currently generate traffic, noise, etc. Not in keeping with the character of the
adjacent area.
(7)
Consideration will be given to addressing pedestrian safety and convenience
both within the site, ad in terms of the relationship to the road network in
and around the adjoining area.
(8)
All operations shall comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their operation and
development.
(9)
Proposals for discretionary use which may result in heavy truck traffic,
particularly in commercial and industrial districts, should be located to ensure
30
that such traffic take access to or from major streets or designated truck
routes.
c. Bylaw 2013-06
3.7.3
Terms and Conditions for Discretionary Use Approvals
(1)
Discretionary uses, discretionary forms of development, and associated
accessory uses are subject to the development standards and applicable provisions of
the zoning district in which they are located. In approving any discretionary use, to
minimize land use conflicts, Council may prescribe specific development standards
related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent
property;
(c)
access to, number and location of parking and loading facilities
including adequate access and circulation for pedestrian and vehicle
traffic;
(d)
appropriate space for vehicle line ups for drive through commercial
facilities in order to reduce disruption of traffic flows on adjacent
roadways;
(e)
control of noise, glare , dust and odour;
(f)
landscaping, screening, fencing and preservation of existing
vegetation to buffer adjacent properties;
(g)
the size, shape, and arrangement of lighting and signs;
(h)
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
(i)
intensity of use."
c. Bylaw 2013-06
(2)
Council may approve discretionary use applications for a limited period of
time where it is considered important to monitor and re-evaluate the proposal
and its conformance with the objectives of this Bylaw.
(3)
Council's approval of a discretionary use application is valid for a period of
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.
(4)
Council may direct that a discretionary use permit extension be granted for
an additional 12 month period by the Development Officer.
(5)
If an approved discretionary use or form of development ceases to operate
for a period of six (6) months or more, the discretionary use approval shall
no longer be valid. The Development Officer shall advise the owner and
Council when a prior approval is no longer valid.
31
3.8
Validity of a Development Permit
3.8.1
If development authorized by a development permit is not commenced within twelve
(12) months of the date of issue, the permit ceases to be valid.
3.8.2
A development permit extension may be granted for an additional twelve (12) month
period by the Development Officer.
3.9
Amendment of Zoning Bylaw
3.9.1
Any person seeking to amend this Zoning Bylaw may submit an application for such
amendment and, upon payment of the required fee, the Development Officer shall
refer such application to Council for consideration.
3.9.2
Council may authorize an amendment to a zoning bylaw, and that amendment shall
be adopted by bylaw.
3.9.3
Sections 207 - 212 of The Planning and Development Act, 2007, shall govern the
process to be followed with respect to public notice and public participation in the
adoption of a bylaw proposed to amend this Zoning Bylaw.
c. Bylaw 2009-01
3.10
Development Appeals Board
3.10.1 Council shall appoint a Development Appeals Board in accordance with Sections
49(j) and 213 to 227 of The Planning and Development Act, 2007.
c. Bylaw 2009-01
3.10.2 A person who wishes to appeal to the Development Appeals Board shall, within 30
days of the date of issuance of or refusal to issue a development permit, file a written
notice of intention to appeal, and the appeal fee, with the secretary of the
Development Appeals Board.
3.10.3 A person whose application for a discretionary use or development has been
approved with prescribed development standards may appeal any development
standards considered excessive, to the Development Appeals Board.
3.10.4 An appellant shall make the appeal within 30 days of the date of the issuance of, or
refusal to issue, a development permit.
3.10.5 Nothing in this section authorizes a person to appeal a decision of the council:
(1)
refusing to rezone land.
(2)
rejecting an application for approval of a discretionary use.
3.10.6 In making an appeal to the Development Appeals Board, and hearing such appeal,
the provisions of The Planning and Development Act, 2007 shall apply.
32
c. Bylaw 2009-01
3.11
Minor Variances
3.11.1 Council may grant a variance of up to 10% of any yard requirement or minimum
required distances between buildings for a use that is a permitted use as specified in
this bylaw. All such variances shall be subject to the conditions and granted in
accordance with the procedures contained in Section 60 of The Planning and
Development Act, 2007.
c. Bylaw 2009-01
3.11.2 Council shall maintain a registry of the location and all relevant details of the
granting of such variances.
3.12
Fees
3.12.1 Public Notice for Amendment to the Zoning Bylaw and Discretionary Use
Application - In addition to an application fee, where a person requests Council to
amend the Zoning Bylaw or to serve public notice of an application for discretionary
use approval, that person shall pay to the municipality a fee equal to the costs
associated with the public advertisement and of providing direct written notice to
affected land owners.
3.2.2
Application Fees
(1)
An application for a development permit shall pay an application fee in
accordance with the following:
(i)
Permitted principal use: $100.00
(ii)
Permitted accessory use: $100.00
(iii)
Permitted ancillary use: $100.00
(iv)
Discretionary principal use:
$200.00
(v)
Discretionary accessory use:
$200.00
(vi)
Discretionary Ancillary use:
$200.00
(vii)
Development Appeal Fee:
$50.00 or as specified in the Act.
These fees shall be in addition to any fee required by section 3.12.1 above.
(2)
Where a person applies to Council to amend the Zoning Bylaw, that person
shall pay to the municipality the following fees where applicable:
(i)
Text Amendments
$200.00
(ii)
Map Amendments
Class 1 District: A
Class 2 District: C1
Class 3 Districts: CR1, CRMU, CR2, CR2A, CR3
Zoning
Map To
33
Amendments
Class 1
Class 2
Class 3
From Class 1
$200
$400
$600
Class 2
$200
$400
$600
Class 3
$200
$400
$600
Where an application to amend the Zoning Bylaw involves amendment
within two or more of the above categories the sum of the amendment fees
shall apply for all categories.
These fees shall be in addition to any fee required by Section 3.12.1 above.
c. Bylaw 2013-06
3.13
Zoning by Agreement
3.13.1 A zoning designation which is subject to an agreement entered into pursuant to the
provisions of Section 69 of The Act and Section 11.1(5) of the Basic Planning
Statement, shall be indicated on the Zoning District Map by the addition of the bylaw
number authorizing the agreement after the zoning district designation.
c. Bylaw 2009-01
3.14
Offenses and Penalties
3.14.1 Any person who violates this Bylaw is guilty of an offence and is liable, on summary
conviction, to the penalties provided by Section 243 of The Act.
c. Bylaw 2009-01
34
4.
GENERAL REGULATIONS
Except as noted, the following regulations shall apply to all zoning districts in this bylaw:
4.1
Frontage on Road
A development permit shall not be issued unless the site intended to be used, or upon which a
building or structure is to be erected, abuts, or has frontage on a graded all-weather registered
road, or unless satisfactory arrangements have been made with Council for the improvement
or building of a road, where required.
4.2
Development on Hazard Lands
4.2.1
Where a proposed development of a building is located on land considered by
Council to be potentially hazardous, including but not limited to a wetland, water
body or watercourse where flooding may occur, Council may require the applicant to
submit sufficient topographic information to determine if the development will be
within 50 metres of any slopes that may be unstable, or within any river or stream
flood plain, or other land that may be subject to flooding.
4.2.2
Council may require that before a permit may be issued, the applicant shall submit a
report prepared by a professional competent to assess the suitability of the site for a
development described in clause (1), and which in the opinion of council, shows that
the proposed site and development is suitable with respect to the following where
relevant:
(1)
the potential for flooding up to a 1 in 500 flood elevation, or where not
involving any building, such lower elevation as may be suitable for the
proposed use.
(2)
the potential for slope instability.
(3)
the required mitigation measures for construction on areas of high water
tables if any.
(4)
site drainage and grading plans to accommodate surface water from a 1:100
year flood event in accordance with Section 4.2A
c. Bylaw 2013-06
4.2.2A Contaminated Soil
Council may require a Phase I environmental assessment and, if warranted, a Phase II
environmental assessment where it receives a development permit application for any
site with potential soil contamination. The Phase II environmental assessment will
determine the need for a remedial plan to identify necessary work to address soil
contamination issues. Alternately, it may conclude that site conditions are causing
adverse effects which substantiate notification to the appropriate regulatory authority.
35
A final decision respecting the development permit application will be held in
abeyance until soil contamination concerns are resolved.
c. Bylaw 2013-06
4.2.3
Identified actions for hazard avoidance, prevention, mitigation or remedy may be
incorporated as conditions to issuance of a development permit. Council shall refuse
a permit for any development for which, in council's opinion, the proposed actions
are inadequate to address the adverse effects, or will result in excessive municipal
costs.
4.2A
Grading and Levelling of Sites
4.2A.1 The Development Officer may require, as a condition of approval of a
development permit, that an applicant submit a site grading plan, in
accordance with the drainage plan for the subdivision area(if available). If a
drainage plan has not been prepared for the subdivision area, the
Development Officer may require the applicant to prepare a site drainage
plan providing for adequate surface water drainage and any required
drainage works. Drainage works shall be constructed at the owner's expense
and shall provide for site drainage that does not adversely affect adjacent
properties or stability of the land.
4.2A.2 Where a proposed development alters site drainage potentially affecting
adjacent or downstream properties, the applicant shall be required to submit
a design for drainage works incorporating sufficient capacity to
accommodate surface water runoff for a 1:100 year flood event with no
incremental increase in offsite flows in excess of what would have been
generated from the property prior to the development.
4.2A.3 Where a storm retention pond is proposed to manage surface water runoff
and the retention pond does not have a defined offsite outlet or relies
primarily on evaporation to recharge the pond's holding capacity, the pond
shall be designed to accommodate an additional 25% of storage capacity
above the 1:100 year storage requirement.
4.2A.4 All site excavation and fill areas shall be re-vegetated immediately after
other construction activities conclude, with a suitable ground cover as may
be necessary to prevent erosion.
4.2A.5 Were excavation or fill is proposed on a site in an area with a potential 1:500
flood risk, the Development Officer may consult with the Saskatchewan
Watershed Authority prior to making a decision on the development permit
application.
4.2A.6 All topsoil from a site 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 the
Development Officer."
c. Bylaw 2013-06
36
4.3
Building to be Moved
4.3.1
No building shall be moved within, or into, the municipality, without first obtaining a
development permit from the Development Officer.
4.4
Waste Disposal
4.4.1
No development or use of land which requires sewage disposal or landfill facilities
shall be permitted unless those facilities are approved by the Regional Health
Authority and/or Saskatchewan Environment. Disposal of liquid, solid, or gaseous
waste shall be governed by Acts administered by the Departments of Agriculture and
Food, Environment, Health and the Saskatchewan Watershed Authority.
4.5
Water
4.5.1
No development or use of land shall be permitted where the proposal will adversely
affect domestic and municipal water supplies, or where a suitable, potable water
supply cannot be furnished to the requirements of the Regional Health Authority
and/or the Saskatchewan Watershed Authority.
4.6
Storage of Chemicals, Fertilizers, and Combustible Materials
4.6.1
The storage of chemicals, fertilizers and combustible materials are subject to the
requirements of both the federal and provincial governments. All necessary
approvals from other regulatory agencies must be obtained prior to issuance of a
development permit. Development permit conditions may include the requirement
that all permits or licenses required by other regulatory agencies be obtained before
development proceeds.
4.7
One Principal Building Permitted on a Site
4.7.1
Not more than one principal building shall be permitted on any one site except for:
(1)
Public works.
(2)
Institutional uses.
(3)
Agricultural uses.
(4)
Dwelling groups.
(5)
Mobile homes in mobile home courts.
(6)
Recreation facilities.
(7)
Schools.
37
(8)
Ancillary uses as specifically provided for in this Bylaw.
4.8
Non-conforming Buildings and Uses
The provisions of The Planning and Development Act, 1983, Sections 113 to 118 inclusive,
shall apply to all non-conforming buildings and uses.
4.9
Mobile Homes
4.9.1
Wherever a single detached dwelling is allowed in any non-residential district, it may
be in the form of a mobile home, or a modular home subject to Sections 4.9.2, 4.9.3
and 4.94 of this Bylaw.
4.9.2
Every mobile home shall bear CSA Z240 certification, or a replacement thereof, and
shall be attached to a permanent foundation, or securely anchored to the ground and
skirted, prior to occupancy.
4.9.3
Every modular home shall bear CSA A277 certification, or a replacement thereof,
and shall be attached to a permanent foundation.
4.9.4
Mobile homes and modular homes are prohibited in any residential district.
4.10
Regulations for Signs and Billboards
4.10.1 Signs Located in Highway Sign Corridor
(1)
Signs located in a highway sign corridor shall be regulated entirely by the
requirements of "The Erection of Signs Adjacent to Provincial Highway
Regulations, 1986" or amendments thereto, and Section 4.10.2 shall not
apply.
4.10.2 Signs Other Than in a Highway Sign Corridor
(1)
Any sign located in other than a highway sign corridor, may only advertise
agricultural commercial uses, home based businesses, the principal use of a
site, or the principal products offered for sale on a site.
(2)
Government signs, memorial signs, signs identifying residential occupants or
addresses and directional signs that bear no advertising, including traffic
control, no trespassing, hunting restriction and similar signs, are exempt
from restriction.
(3)
Temporary signs and real estate signs are permitted only as long as the
temporary condition exists for the property.
(4)
All private signs shall be located so that no part of the sign is over a public
right of way.
38
4.10.3 Signs in Residential Districts
(1)
Signs and billboards will be prohibited in any residential district in the
municipality except for signs advertising the principal use of a site or the
principal products offered for sale on a site. Permitted signs shall be subject
to the following requirements:
(a)
No more than two (2) signs shall be permitted on the premises.
(b)
No sign shall be in the excess of 3 m2 in sign face area, but the two
permitted signs may be combined and the total sign face area shall
not exceed 6 m2. Each sign may be double faced.
(c)
No sign shall be illuminated unless the source of light is steady and
suitably shielded.
(d)
The maximum height of any sign shall be 3.5 metres.
4.10.4 Signs in Other Districts
(1)
Signs and billboards that are not located in a highway sign corridor or a
residential district, and that advertise agricultural commercial uses, farm or
home based businesses, the principal use of a site or the principal products
offered for sale on a site, are subject to the following requirements:
(a)
No more than two (2) signs shall be permitted on the premises.
(b)
No sign shall be in the excess of 6 m2 in sign face area, but the two
permitted signs may be combined and the total sign face area shall
not exceed 12 m2. Each sign may be double faced.
(c)
No sign shall be illuminated unless the source of light is steady and
suitably shielded.
(d)
The maximum height of any sign shall be 6 metres.
4.11
Public Works, Pipelines and Facilities of the Municipality
4.11.1 Public works and facilities of the Municipality, except solid and liquid waste disposal
sites, shall be permitted uses in every zoning district, and unless otherwise specified
by this bylaw, no minimum site or yard requirements shall apply.
4.11.2 Where a pipeline or other utility or transportation facility will cross a municipal road,
Council may apply such special design standards as it considers necessary to protect
the municipal interest in the existing and future improvements to the road.
39
4.12
Storage of Vehicles
4.12.1 Except as provided in Section 7A 3.2, no person shall use any site in any residential
district, for the parking or storage outside of an enclosed building of more than one
(1) unlicensed vehicle.
c. Bylaw 2009-01
4.12.2 Section 4.12 shall not apply to permitted machinery or automotive salvage yards,
auction markets or agricultural implement, recreational vehicle, automobile, marine
and mobile home sales and service establishments.
4.12.3 Council may require that such vehicles be screened from roadways or neighbouring
properties by landscape features or fences or a combination thereof.
4.13
Disposal of Manure
4.13.1 The use of agricultural land for the disposal and recycling of manure produced by an
approved intensive livestock operation is permitted subject to the following
regulations:
(1)
Liquid manure shall be spread by direct injection into the soil.
(2)
Solid manure shall be incorporated into the soil within 24 hours.
(3)
Solid or liquid manure shall not be spread on snow covered or frozen
ground.
4.13.2 Upon application to Council, other procedures for disposal of manure may be
approved where the applicant establishes to the satisfaction of Council that the
objectives of the Basic Planning Statement will be achieved to a similar standard.
Council may specify a limited time during which the approval will be valid.
4.13.3 Council may exempt in whole or in part an applicant from this section where each of
the following are true:
(1)
the manure to be spread comes from an ILO of less than 300 animal units.
(2)
the manure will be spread on land owned by the operator of the ILO.
(3)
adverse weather conditions prevent the incorporation of manure in which
case incorporation of the spread manure may be delayed until weather
conditions permit.
40
4.14
Special Standards and Regulations
4.14.1 Home Based Businesses and Farm Based Businesses
(1)
Home based businesses and farm based businesses shall be subject to the
following development standards:
(a)
The use is clearly ancillary to the use of a farm as an agricultural
operation or the dwelling unit as a private residence.
(b)
The operator of the business is a resident of the dwelling unit and, in
the case of a farm-based business only, up to two non-resident
employees may be employed at the site. Any employee shall be
directly under the hire and management of the operator of the
business. Where the business is of a building or service contractor,
additional employees may be involved only at the client building
site.
(c)
No variation in the residential or residential farm character and
appearance of the dwelling, ancillary residential building, or land
shall be permitted, except for permitted signs.
(d)
The permitted use shall be valid only during the period of time the
property is occupied as a residence of the applicant for such
permitted use.
(e)
All permits issued for home based businesses shall be subject to the
condition that the permit may be revoked at any time if, in the
opinion of Council, the conditions under which the permit was
originally issued are no longer met.
4.14.2 Campgrounds, Tourist Camps and Trailer Courts
(1)
The applicant for a development permit for a campground, tourist camp or
trailer court shall provide the Development Officer with a plan of the site,
identifying any buildings, uses of land and the location of all roadways and
recreation vehicle or tent campsites sites with dimensions. The addition or
rearrangement of sites, the construction or moving of buildings, the material
change in use of portions of land, or the filling or clearing of land shall
require a development permit, and the applicant shall submit for approval an
amended plan incorporating the proposed development.
(2)
A campground, tourist camp or trailer court shall have, within its boundaries,
a buffer area abutting the boundary of not less than 4.5 metres in width,
which shall contain no buildings.
41
(3)
A site for each recreation vehicle and campsite permitted in the
campground, tourist camp or trailer court shall be designated and clearly
marked on the ground.
(4)
Each site shall have a minimum area of 150 square metres.
(5)
No portion of any campsite shall be located within an internal roadway or
required buffer area.
(6)
Each site shall have direct and convenient access to a developed internal
roadway, which shall not be located in any required buffer area.
(7)
Each recreation vehicle shall be located at least 4.5 metres from any other
recreation vehicle and each site shall have dimensions, location and
orientation sufficient to allow for such location of recreation vehicles.
(8)
The space provided for roadways within a campground, tourist camp or
trailer court shall be at least 7.5 metres in width. No portion of any site,
other use or structure shall be located in any roadway.
(9)
A campground, tourist camp or trailer court may include, as an ancillary use,
a laundromat or a confectionary designed to meet the needs of occupants of
the sites and a one unit dwelling for the accommodation of the operator.
(10)
No recreation vehicle shall be stored on any campsite when the campground
is not open.
(11)
The Public Health Act, and Regulations passed thereunder, shall be
complied with in respect of all operations and development of
campgrounds.
4.14.3 Mobile Home Courts
(1)
Mobile home courts shall have, within their boundaries, a buffer area
abutting the boundary which shall:
(a)
have a minimum depth of not less than 7.5 metres in width, which
shall contain no buildings or structures.
(b)
not contain any roads, except those which connect a public roadway
to the road system within the mobile home court.
(2)
Each mobile home site permitted in a mobile home court shall be designated
and clearly marked on the ground.
42
(3)
Each mobile home site shall have a minimum area of 379.8 square metres.
(4)
No portion of any mobile home site shall be located within an internal
roadway or required buffer area.
(5)
Each mobile home site shall have direct and convenient access to a
developed internal roadway, which shall not be located in any required
buffer area.
(6)
Each mobile home shall be located at least 4.5 metres from any other mobile
home and each mobile home site shall have dimensions, location and
orientation sufficient to allow for such location of mobile homes.
(7)
The space provided for roadways within a mobile home court shall be at
least 7.5 metres in width. No portion of any mobile home site, other use or
structure shall be located in any roadway.
(8)
A mobile home court may include, as an ancillary use, a laundromat or a
confectionary designed to meet the needs of occupants of the mobile home
court and a one unit dwelling for the accommodation of the operator.
(9)
The Public Health Act, and Regulations passed thereunder, shall apply to all
operations and development of mobile home courts.
4.14.4 Public Works in the Form of Solid and Liquid Waste Management or Disposal
Facilities
(1)
Development and maintenance of a public work in the form of a solid or
liquid waste disposal facility will be subject to the following special
standards:
(a)
A buffer strip containing trees, shrubs or a berm shall be located
surrounding a lagoon or sanitary landfill disposal area.
(b)
Any solid or liquid waste disposal facility shall be fenced.
4.14.5 Bed and Breakfast Homes and Vacation Farms
(1)
Bed and breakfast homes and vacation farms shall be subject to the
following requirements:
(a)
Vacation farms shall be ancillary to an agricultural operation and
may include bed and breakfast, cabins and overnight camping areas.
43
(b)
Bed and breakfast operations shall be located in, and ancillary to, a
single detached dwelling used as the operator's principal residence
developed as a farm operation site or country residence
(c)
Only one sign, not exceeding 1.5 square metres in sign face area,
advertising the vacation farm or bed and breakfast home, and
located on-site, is permitted.
(d)
Vacation farms and bed and breakfast homes shall be licensed
pursuant to The Public Health Act, where tourist accommodations
require health approval.
(e)
Council may specify a maximum number of bedrooms, cabins or
camping sites, or combination thereof, as a special standard in the
issuing of a discretionary approval for a bed and breakfast home or
vacation farm application.
4.14.6 Custodial Care Facilities and Residential Care Facilities
(1)
Custodial care facilities and residential care facilities may be approved as an
accessory use or as a principal use.
(2)
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.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or a
residential care facility shall be used for the purpose of keeping boarders or
lodgers.
(5)
In addition to the development standards of the zoning district, custodial care
facilities and residential care facilities that are listed as discretionary uses
shall be reviewed and approved in accordance with Section 3.6 of this
Bylaw.
4.14.7 Service Stations
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located all
or partly above grade level, shall be at least six metres from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or equipment
are to be stored within a building.
44
(3)
Where service stations occupy a corner site, only one access point shall be
on the flanking street.
4.14.8 Gas Bars
(1)
Where operated as the principal use on a site, gas bars are subject to the
regulations and standards for service stations.
(2)
Where a gas bar is allowed to operate in conjunction with another use on a
site, the following standards and regulations apply:
(a)
All fuel pumps and above ground storage tanks shall be at least five
metres from any building on the site, and six metres from any site
line.
(b)
The site shall have at least two separate entrances for vehicles, at
least 15 metres apart.
(c)
Access to, and parking for, fuel dispensing apparatus shall not
obstruct access to the site, or other required off street parking spaces
on the site.
4.14.9 Above Ground Fuel Storage Tanks
(1)
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.
(2)
Above-ground fuel storage tanks shall be:
(a)
located at least 3.0 metres from any property line or building;
however, for uses other than gas bars and service stations, the 3.0
metre separation distance may be reduced to 1.0 metre for tanks
with a capacity of 5,000 litres or less.
(b)
separated from each other and be accessible for fire fighting
purposes to the satisfaction of the Development Officer.
(3)
Notwithstanding (2) above, above ground fuel storage tanks associated with
a gas bar or service station shall be:
(a)
located at least 6 metres from any property line or building.
45
(b)
separated from each other and be accessible for fire fighting
purposes to the satisfaction of the Development Officer.
(c)
at least 15 metres from the boundary of any site within a Residential
district.
(4)
The dispensing equipment associated with above-ground fuel storage tanks
shall be located at least 3.0 metres from any property line, at least 7.5 metres
from any open flame or other ignition source, and at least 4.5 metres from
any door or window.
(5)
Notwithstanding (4) above, above ground fuel storage tanks associated with
a gas bar or service station shall be located at least 6.0 metres from any
property line, at least 7.5 metres from any open flame or other ignition
source, and at least 4.5 metres from any door or window.
(6)
Above-ground fuel storage tanks shall be protected from vehicles with
suitable posts, guardrails or other similar means.
4.14.10 Accessory Uses, Buildings and Structures
(1)
Accessory uses and buildings shall be subordinate to, and located on the
same site at the principal building or use, and used in conjunction with that
principal use.
(2)
Accessory buildings shall not include any dwelling units or habitable rooms
except as permitted in Sections 6.3.2 and 9.3.2 of this Bylaw.
(3)
Time of Construction: Accessory buildings shall not be constructed or
placed on any site prior to the construction of the principal building except
in the following instance:
(a)
Where a Development Permit has been issued for a principal
building, Council may, at its discretion, allow prior development of
an accessory building where such building is required for the
storage of construction material or equipment. If the principal
building is not completed in the time period required, the accessory
building is to be removed.
(4)
Height of Accessory Buildings:
(a)
Detached accessory buildings in any country residential district are
not to exceed a height of 10 metres.
46
(b)
Detached accessory buildings in any agricultural district or
commercial district - no height restrictions.
(5)
Area of Accessory Buildings
(a)
The maximum combined floor area for accessory buildings on any
site in specified country residential districts shall be as follows:
CR1- 350 m2 (2153 ft2)
Note: 50 ft x 73 ft building coverage
CR2- 300 m2 (3229 ft2)
Note: 50 ft x 65 ft building coverage
CR 2A - 250 m2 (2691ft2)
Note: 50 ft x 54 ft building coverage
CR3 - 200 m2 (2153 ft2)
Note: 50 ft x 43 ft building coverage"
c. Bylaw 2013-06
(6)
Location of Accessory Buildings
(a)
Detached accessory buildings in any country residential district are
subject to the following regulations:
(i)
Yard, front: minimum - 15 metres
(ii)
Yard, rear: minimum - 5 metres
(iii)
Yard, side: minimum - 5 metres
(b)
Detached accessory buildings in any agricultural or commercial
district are subject to the following regulations:
(i)
Yard, front: minimum - same as principal use
(ii)
Yard, rear: minimum - 3 metres, except trailer courts,
campgrounds and tourist camps where the minimum shall
be 4.5 metres and mobile home courts where the minimum
shall be 7.5 metres.
(iii)
Yard, side: minimum - 3 metres, except trailer courts,
campgrounds and tourist camps where the minimum shall
be 4.5 metres and mobile home courts where the minimum
shall be 7.5 metres.
(7)
Subject to Section 4.3(5) of the Basic Planning Statement and Section 9.6.1
of this Bylaw, accessory dwelling units shall only be permitted to
accommodate:
47
(a)
the residence of an operator of a farm operation, intensive livestock
operation, intensive agricultural operation, commercial use or
industrial use.
(b)
residences for employees and / or partners engaged in a farm
operation, intensive livestock operation, intensive agricultural
operation, commercial use or industrial use.
(8)
Permanent Membrane Covered Structures
(a)
In the A, C1 and CRMU districts anchored membrane covered
structures are permitted.
c. Bylaw 2009-01
(b)
Development applications for Permanent Membrane Structures must
include a drawing stamped by a Professional Engineer to prove
structure will meet Section 4 of the National Building Code.
c. Bylaw 2009-01
(9)
Temporary Membrane Covered Structures
(a)
In any district, temporary membrane covered structures shall be
allowed for a period not to exceed (7) days in a calendar year.
c. Bylaw 2009-01
4.14.11 Outfitter Base Camps and Tourism Base Camps
(1)
All outfitter base camps shall be located at least 305 metres from a
dwelling unit that is not part of the operation.
(2)
All accommodation provided in conjunction with outfitter base camps
and tourism base camps shall comply with The Public Health Act, and
Regulations passed thereunder.
(3)
Council may establish standards limiting the total number of guests and
guest rooms, and the location of buildings and accessory activities as a
condition of issuing a discretionary use permit for outfitter base camps
and tourism base camps. Any increase in the number of guests or
guest rooms shall require a new discretionary approval.
(4)
Outfitter base camps and tourism base camps may be ancillary to a permitted
agricultural operation and located on the same site.
48
(5)
A use that is established as an ancillary use to an agricultural operation shall
cease to be permitted when the operator ceases to be resident on the site.
4.14.12 Dugouts, Sewage Lagoons and Manure Storage Pits
(1)
Dugouts, sewage lagoons and manure storage pits shall maintain a minimum
separation distance of 15 metres from the legal boundaries of the surface
parcel on which they are situated.
4.14.13 Satelite Dishes, Solar Collectors and Wind Generators
c. Bylaw 2009-01
(1)
Satellite Dishes and Solar Collectors
The installation and operation of a free standing satellite dish, solar collector,
and their supporting structures shall not be permitted in all zoning districts,
subject to the following.
c. Bylaw 2009-01
(a)
In any District such structures shall not be located in any front yard,
side yard and in the case of a corner site, in any portion of the rear
yard which is within three (3) meters of the side property line
adjacent to a flanking street unless it is screened from the flanking
street to the satisfaction of the Development Officer;
c. Bylaw 2009-01
(b)
In any District such structures, if freestanding, shall not exceed a
height of ten (10) meters above grade level;
c. Bylaw 2009-01
( c)
In any District such structures if attached to a principal building,
shall not exceed a height of ten (10) meters above the lowest
elevation of: roof surface of a flat roof; the decking of a mansard
roof; and the eaves of a gable, hip or gambrel rood; and
c. Bylaw 2009-01
(d)
In any District such structures, if attached to or erected upon an
accessory building, shall not exceed the maximum permitted height
of an accessory building upon which such structure is attached or
erected.
c. Bylaw 2009-01
49
(2)
Wind Generators/ Turbines
The installation and operation of a free standing wind generator or wind
turbine, and their supporting structures shall be permitted in all Zoning
Districts, subject to the following:
c. Bylaw 2009-01
(a)
Wind generators and wind turbines are limited to a maximum
height, and including all supports, towers or structures which raise
or support them, of twenty-two (22) meters from the ground,
measured from the furthest point from the ground.
c. Bylaw 2009-01
(b)
Wind generators and wind turbines require a development permit
which will not be considered until the developer of the wind
generator or turbine can prove to the satisfaction of the
Development Officer, by the validation of a structural professional
or by meeting certified manufacturing specifications, that the
generator or turbine is structurally sound.
c. Bylaw 2009-01
4.15
Depth To Frontage Ratio of Residential Lots
4.15.1 Depth to frontage ratio for residential lots: no restrictions.
4.16
Setback from Centre Line of Roads
The Minimum setback of buildings, including Dwellings, from the centre line of a municipal
road allowance, grid road, main farm access road or provincial highway on all sites shall be
45 metres. Development of buildings on sites that do not abut such roads shall observe the
minimum front yard setbacks as identified in the specific regulations for those districts.
c. Bylaw 2010-04
50
5.
ZONING DISTRICTS
5.1
Classification of Zoning Districts
5.1.1
In order to carry out the purpose and provisions of this Bylaw, the Rural Municipality
is divided into the following Zoning Districts, the boundaries of which are shown on
the "Zoning District Map". Such districts may be referred to by the appropriate
symbols.
Districts
Symbols
Agriculture
A
Low Density Country Residential
CR1
Medium Density Country Residential
CR2
Medium Density 2 Country Residential
CR2A
High Density Integrated Country Residential
& Recreational
CR3
Commercial / Industrial
C1
Mixed Use Country Residential
CRMU
c. Bylaw 2009-01
c. Bylaw 2013-06
5.2
Zoning District Map
5.2.1
The map, bearing the statement "This is the Zoning District Map which accompanies
Bylaw No. _______" adopted by the Rural Municipality of Aberdeen No. 373 and
signed by the Reeve and Rural Municipal Administrator under the seal of the Rural
Municipality shall be known as the "Zoning District Map" and such map is hereby
declared to be an integral part of this Bylaw.
5.3
Boundaries
5.3.1
The boundaries of such districts referred to, together with explanatory legend,
notation and reference, are shown on the map entitled "Zoning District Map".
5.3.2
All streets, lanes and road allowances, if not otherwise specifically designated, shall
be deemed to be in the same zoning district as the property immediately abutting
upon such streets, lanes and road allowances. If the land abutting each side of a
street, lane or road allowance is located in different zoning districts, the centre line of
such street, lane or road allowance shall be deemed to be the district boundary, unless
otherwise specifically designated.
5.3.3
Streets, lanes, and road allowances which are shown on the "Zoning District Map"
and which have been permanently closed pursuant to Section 13 of The
51
Municipalities Act, shall be in the same district as the land abutting both sides of the
permanently closed street, lane or road allowance. If the land abutting each side of
the permanently closed street, land or road allowance was located in different zoning
districts before the said street, lane or road allowance was permanently closed, the
centre line of such permanently closed street, lane or road allowance shall be deemed
to be the district boundary, unless otherwise specifically designated.
5.3.4
In unsubdivided land, the zoning district boundary shall be determined by the scale
shown on the "Zoning District Map".
5.4
Regulations
5.4.1
Regulations for the zoning districts are outlined in the following sections of this
Bylaw.
5.5
Transitional Zoning Provisions
5.5.1
Former Permitted Uses - Now Discretionary
Land uses or developments in existence on a site that were listed as permitted uses
under the Zoning Bylaw No. 9206, or any amendment thereto, but are now listed as
discretionary uses under this bylaw, shall be considered permitted uses; however, no
alteration or enlargement of the land use or development shall take place except in
conformity with relevant development standards in this Bylaw.
5.5.2
Existing Buildings
Buildings lawfully existing at the time of the approval of this Bylaw shall be limited
in terms of site frontage and setback requirements, to the regulations of the zoning
district in which they are located, or to their current dimensions, whichever is the
least restrictive.
5.5.3
Existing Residential Sites
Residential sites existing before the passing of this bylaw, shall be considered to be
conforming with respect to meeting the minimum site area and frontage requirements
of the Bylaw.
5.6
Properties with More than One Zoning District
5.6.1
Where a site or lot is divided into more than one zoning district, each portion of the
site or lot shall be developed and used in accordance with the provisions of the
applicable zoning district.
52
6.
A - AGRICULTURE DISTRICT
6.1
Intent
The objective of this district is to provide for the primary use of land in the form of
agricultural development, associated residences, limited single-parcel country residential
development, location-dependent natural resource development other uses compatible with
agricultural development.
6.2
Permitted Uses
The following uses are permitted in this district:
6.2.1
Agricultural Uses:
(1)
Farm operations.
6.2.2
Resource Based Uses:
(1)
Petroleum exploration or extraction wells and related facilities.
(2)
Petroleum pipelines and related facilities.
(3)
Mineral exploration, excluding gravel pits.
6.2.3
Other Uses:
(1)
Places of worship.
(2)
Cemeteries.
(3)
Schools.
(4)
Communication towers.
(5)
Parks.
(6)
Recreation facilities.
(7)
Historical and archaeological sites.
(8)
Wildlife and ecological conservation areas.
(9)
Public works, excluding solid and liquid waste disposal sites.
(10)
Municipal facilities.
(11)
Community halls.
6.3
Discretionary Uses
The following uses are discretionary in this district:
6.3.1
Agricultural Uses:
(1)
Intensive livestock operations.
53
(2)
Intensive agricultural operations.
(3)
Manure disposal for an ILO.
6.3.2
Residential Uses:
(1)
Single detached dwellings as a principal use.
(2)
Dwelling units as an accessory use.
(3)
Mobile home courts.
6.3.4
Commercial Uses:
(1)
Agriculture servicing and contracting establishments.
(2)
Grain elevators.
(3)
Gravel pits and gravel crushing operations.
(4)
Machine shops and metal fabricators.
(5)
Golf courses.
(6)
Campgrounds.
(7)
Tourist camps.
(8)
Outfitter base camps.
(9)
Tourism base camps.
(10)
Vacation farms.
(11)
Bed-and-breakfast homes.
(12)
Personal care homes.
(13)
Custodial care facilities.
(14)
Residential care facilities.
(15)
Home based businesses and farm based businesses.
(16)
Kennels.
6.3.5
Other Discretionary Uses:
(1)
Institutional camps.
(2)
Airports and private airstrips.
(3)
Solid and liquid waste disposal facilities including soil farms for the
rehabilitation of contaminated soils.
6.4
Accessory Buildings and Uses
6.4.1
Accessory buildings and uses, except dwelling units, shall be permitted and shall
comply with Section 4.14.10 of this Bylaw.
6.5
Regulations
6.5.1
Site Requirements
The minimum and maximum site size and yard requirements are shown in
Table 6-1.
54
6.6
Development Standards for Discretionary Uses
6.6.1
Intensive livestock operations shall comply with Section 4.3 of the Basic Planning
Statement.
6.6.2
Intensive agricultural operations shall comply with Section 4.3 of the Basic Planning
Statement.
6.6.3
Manure disposal shall comply with Section 4.13 of this Bylaw.
6.6.4
Solid and liquid waste disposal facilities shall comply with Section 4.14.4 of this
Bylaw and Section 8.3(8) of the Basic Planning Statement.
6.6.5
Mobile home courts shall comply with Section 4.14.3 of this Bylaw.
6.6.6
Home businesses and farm based businesses shall comply with Section 4.14.1 of this
Bylaw.
6.6.7
Custodial care facilities and residential care facilities shall comply with Section
4.14.6 of this Bylaw
6.6.8
Bed and breakfast homes and vacation farms shall comply with Section 4.14.5 of this
Bylaw.
6.6.9
Campgrounds, tourist camps and trailer courts shall comply with Section 4.14.2 of
this Bylaw.
6.6.10 Personal care homes shall be licensed under The Personal Care Homes Act.
6.6.11 Dwelling units as an accessory use shall comply with Section 4.14.10(7) of this
Bylaw.
6.6.12 Outfitter base camps and tourism base camps shall comply with Section 4.14.11 of
this Bylaw.
6.6.13 Discretionary Commercial Uses:
(1)
Where ancillary to a farm operation, or single detached dwelling, Council
may prescribe specific development standards in the issuing of a
development permit limiting the size of operation, buildings used for the
operation, and number of non-resident employees. Any increase in the area
of land for a commercial use, or the number or size of buildings used for the
commercial operation, shall require a new discretionary approval by Council.
55
(2)
Council may specify specific development standards for the location,
setback, or screening of any area devoted to the outdoor storage of
machinery, vehicles, or vehicular parts in conjunction with a commercial
operation including any salvage or vehicle storage yard.
56
TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Maximum Site
Area (ha)
Minimum Site
Frontage (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Farm operations
64.75(1)
no maximum
61
15
10
10
Single detached dwellings
2.03
4.04(2)
61
15
10
10
Vacation farms
4.05
no maximum
61
15
10
10
Bed and breakfast homes
2.03
4.04(2)
61
15
10
10
Personal care homes
2.03
4.04(2)
61
15
10
10
Custodial care facilities
2.03
4.04(2)
61
15
10
10
Residential care facilities
2.03
4.04(2)
61
15
10
10
Intensive agricultural
operations
0.8
no maximum
61
15
10
10
Intensive livestock operations
0.8
no maximum
61
15
10
10
Mobile home courts
0.4
no maximum
30
15
10
10
Agricultural servicing and
contracting establishments
0.4
no maximum
30
15
10
10
Grain elevators
0.4
no maximum
30
15
10
10
Golf courses
0.8
no maximum
no minimum
15
10
10
Campgrounds
0.4
no maximum
30
15
10
10
Tourist camps
0.4
no maximum
30
15
10
10
Outfitter base camps
0.4
no maximum
30
15
10
10
57
TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Maximum Site
Area (ha)
Minimum Site
Frontage (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Tourism base camps
0.4
no maximum
30
15
10
10
Machine shops and metal
fabricators
0.4
no maximum
30
15
10
10
Institutional camps
0.4
no maximum
30
15
10
10
Kennels
0.4
no maximum
30
15
10
10
Airports and private airstrips
no minimum
no maximum
no minimum
15
10
10
Communication towers
0.8
no maximum
no minimum
15
10
10
Recreation facilities,
community halls, places of
worship and schools.
0.4
no maximum
30
15
10
10
Petroleum exploration or
extraction wells and related
facilities, petroleum pipelines
and related facilities, mineral
exploration, cemeteries,
parks, municipal facilities,
historical and archaeological
sites, wildlife and ecological
conservation areas, public
works and gravel pits.
no minimum
no maximum
no minimum
no minimum
no minimum
3
(1) or lessor site size that is permitted under Section 4.3(6) of the Basic Planning Statement
(2) or greater site size that is permitted under Section 5.3 (8)(b)(i) of the Basic Planning Statement c. Bylaw 2009-01
58
7.
CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT
7.1
Intent
The objective of this district is to provide for low density, multiple-lot country residential development
and other compatible development in specific areas with standards for such development which does
not directly support agriculture.
7.2
Permitted Uses
The following uses are permitted in this district:
7.2.1
Residential Uses:
(1)
Single detached dwellings.
7.2.2
Recreational Uses:
(1)
Parks.
(2)
Recreation facilities.
7.2.3
Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
7.2.4
Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
7.3
Discretionary Uses
The following uses are discretionary in this district:
7.3.1
Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
(3)
Home based business
c. Bylaw 2009-01
59
7.4
Accessory Buildings and Uses
7.4.1
The following accessory buildings and uses shall be permitted and shall comply with Section
4.14.10 of this Bylaw:
(1)
Private garages, whether detached or attached to a dwelling unit.
(2)
Garden sheds used for the storage of non-industrial yard maintenance
equipment.
(3)
Greenhouses where accessory to a residential use.
(4)
Keeping of animals on the same site as the residence, subject to Section
7.5.2 of this Bylaw.
(5)
Barns and stables for animals permitted by Section 7.5.2 of this Bylaw..
(6)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a
residence.
(7)
Field crops.
7.5
Regulations
7.5.1
Site Requirements
The minimum and maximum site size and yard requirements are shown in
Table 7-1.
7.5.2
Keeping of animals:
(1)
The keeping of animals within any site in this district shall comply with The
Rural Municipality of Aberdeen Livestock and Poultry Bylaw No. 9407.
(2)
Animals shall not be pastured within 15.25 metres of any dwelling not
owned by the operator of the pasture or owner of the animals, and no
buildings or structures intended to contain animals shall be located within 30
metres of a property line.
(3)
The use of vacant residential sites for pasture of animals is prohibited.
7.6
Development Standards for Discretionary Uses
7.6.1
Home Based Businesses:
(1)
Home based businesses shall comply with Section 4.14.1 of this Bylaw.
(2)
No home based business in this district shall include auto body repair or
repainting operations.
60
(3)
No heavy construction or industrial equipment or supplies shall be stored on
any site for a home based business in this district.
7.6.2
Bed and breakfast homes shall comply with Section 4.14.5 of this Bylaw.
7.6.3
Personal care homes shall be licensed under The Personal Care Homes Act.
61
TABLE 7-1: CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Maximum Site
Area (ha)
Minimum Site
Frontage (m)
Minimum
Front Yard
(m)
Minimum Rear
Yard (m)
Minimum
Side Yard
(m)
Single detached dwellings (1)
4.05
8.08
61
15
10
10
Bed and breakfast homes
4.05
8.08
61
15
10
10
Personal care homes
4.05
8.08
61
15
10
10
Recreation facilities, community
halls, and places of worship.
0.4
no maximum
30
15
10
10
Parks, archaeological sites,
wildlife and ecological
conservation areas, municipal
facilities and public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
(1)
the development standards in Table 7-1 that apply to sites and single detached dwellings shall also apply to bare land units and single detached
dwellings that are part of an approved bare land condominium.
62
7A
CR2A- MEDIUM DENSITY COUNTRY RESDIDENTIAL 1 DISTRICT
c. Bylaw 2013-06
7.A.1
Intent
The objective of this district is to accommodate medium density multiple-lot country
residential development, at a density slightly higher than the CR2 District, and other
compatible development in specific areas with standards for such development which does
not directly support agriculture.
7A.2
Permitted Uses
The following uses are permitted in this district:
7A.2.1 Residential Uses:
(1)
Single detached dwellings.
7A.2.2 Recreational Uses:
(1)
Parks.
(2)
Recreational facilities.
7A.2.3 Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
7A.2.4 Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
7A.3
Discretionary Uses
The following uses are discretionary in this district:
7A.3.1 Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
(3)
Home based business.
7A.3.2 Recreational Uses:
(1)
Integrated recreational facilities, limited to an equestrian facility or a golf course
including a clubhouse, driving range and other associated facilities.
63
7A.4
Accessory Buildings and Uses
7A.4.1 The following accessory buildings and uses shall be permitted and shall comply with Section
4.14.10 of this Bylaw.
(1)
Private garages, whether detached or attached to a dwelling unit.
(2)
Garden sheds used for the storage of non-industrial yard maintenance equipment.
(3)
Greenhouses where accessory to a residential use.
(4)
Keeping of animals on the same site as the residence, subject to Section 7A.5.2 of
this Bylaw.
(5)
Barns and stables for animals permitted by Section 7A.5.2 of this Bylaw.
(6)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence.
(7)
Field Crops
7A.5
Regulations
7A.5.1 Site Requirements
The minimum and maximum site size and yard requirements are shown in
Table 7A-1.
7A.5.2 Keeping of animals:
(1)
The keeping of animals on any site in this district shall comply with the Rural
Municipality of Aberdeen Livestock and Poultry Bylaw No. 9407.
(2)
Animals shall not be pastured within 15.25 metres of any dwelling not owned by the
operator of the pasture or owner of the animals, and no buildings or structures
intended to contain animals shall be located within 30 metres of a property line.
(3)
The use of vacant residential sites for pasture of animals is prohibited.
7A.6
Development Standards for Discretionary Uses
7A.6.1 Home Based Businesses:
(1)
Home based businesses shall comply with Section 4.14.1 of this Bylaw.
(2)
No home based business in this district shall include auto body repair or repainting
operations.
(3)
No heavy construction or industrial equipment or supplies shall be stored on any site
for a home based business in this district.
7A.6.2 Bed and breakfast homes shall comply with Section 4.14.5 of this Bylaw.
7A.6.3 Personal care homes shall be licensed under The Personal Care Homes Act."
c. Bylaw 2013-06
64
TABLE 7A-1: CR2A - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Maximum
Site Area
(ha)
Minimum
Site Frontage
(m)
Minimum
Front Yard
(m)
Minimum
Rear Yard
(m)
Minimum
Side Yard
(m)
Single detached dwellings (1)
1.2
4.04
61
15
10
10
Bed and breakfast homes
1.2
4.04
61
15
10
10
Personal care homes
1.2
4.04
61
15
10
10
Community halls, and
places of worship.
0.4
no maximum
30
15
10
10
Parks, archaeological sites,
wildlife and ecological
conservation areas,
municipal facilities and
public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
(1)
the development standards in Table 7A-1 that apply to sites and single detached dwellings shall also apply to bare land units and
single detached dwellings that are part of an approved bare land condominium."
c. Bylaw 2013-06
65
7A.1 CRMU - COUNTRY RESIDENTIAL MIXED USE DISTRICT
c. Bylaw 2009-01
7A.1
Intent
The objective of this district is to provide for low density, multiple-lot country residential
development and other compatible development, including ancillary forms of commercial and
light industrial use and development, in specified areas with standards for such development
which does not directly support agriculture.
7A.2
Permitted Uses
The following uses are permitted in this district:
7A.2.1 Residential Uses:
(1)
Single detached dwellings.
7A.2.2 Recreational Uses:
(1)
Parks.
(2)
Recreation facilities.
7A.2.3 Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
7A.2.4 Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
7A.3
Discretionary Uses
The following ancillary uses are discretionary uses in the CRMU - Counrty Residential Mixed
Use District:
7A.3.1 Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
66
(3)
Home based business
(4)
Repair services
(5)
Welding Shops
(6)
Auto body shops
(7)
Cabinet makers
(8)
Carpentry and millwork including storage.
7A.3.2 Industrial Uses:
(1)
Buildings and outdoor storage areas for agricultural implements, recreation
vehicles and marine equipment, automobiles, commercial vehicles and
business equipment.
(2)
Buildings and outdoor storage areas for construction and heavy machinery
storage.
7A.4
Accessory Buildings and Uses
8.4.1
The following accessory buildings and uses shall be permitted and shall comply with
Section 4.14.10 of this Bylaw.
(1)
Private garages, whether detached or attached to a dwelling unit.
(2)
Garden sheds used for the storage of non-industrial yard maintenance
equipment.
(3)
Greenhouses where accessory to a residential use.
(4)
Keeping of animals on the same site as the residence, subject to Section
7.5.2 of this Bylaw.
(5)
Barns and stables for animals permitted by Section 7.5.2 of this Bylaw.
(6)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a
residence.
(7)
Field crops.
7A.5
Regulations
8.5.1
Site Requirements
The minimum and maximum site size and yard requirements are shown in
Table 7A-1.
8.5.2
Keeping of animals:
(1)
The keeping of animals within any site in this district shall comply with The
Rural Municipality of Aberdeen Livestock and Poultry Bylaw No. 9407.
67
(2)
Animals shall not be pastured within 15.25 metres of any dwelling not
owned by the operator of the pasture or owner of the animals, and no
buildings or structures intended to contain animals shall be located within 30
metres of a property line.
(3)
The use of vacant residential sites for pasture of animals is prohibited.
7A.6
Development Standards for Discretionary Uses
Council will consider discretionary use applications in the CRMU - Country
residential Mixed Use District with respect to the development standards
noted as follows.
7A.6.1
Commercial and Industrial:
(1)
Home based business shall comply with Section 4.14.1 of this Bylaw.
(2)
Bed and Breakfast homes shall comply with Section 4.14.5 of this
Bylaw.
(3)
Personal care homes shall be licensed under The Personal Care
Homes Act.
(4)
Council will not approve an application for an ancillary industrial or
commercial use in the CRMU - Country Residential Mixed Use
District unless the applicant is the owner and resident of an existing
single detached dwelling on the subject site.
(5)
Outdoor storage areas shall be screened with a solid fence or hedge at
least 1.8 metres high.
(6)
The height of a detached ancillary building shall not exceed 10 metres
(7)
The maximum total floor area of detached ancillary buildings shall
not exceed 465 square metres (5,005 square feet).
(6)
Storage buildings and fenced outdoor storage areas shall not be
situated within the front yard of the principal residential building
situated on the site and shall maintain a side and rear yard of 10
metres respectively.
68
TABLE 7A-1: CRMU -COUNTRY RESIDENTIAL - MIXED USE DISTRICT
DEVELOPMENT STANDARDS
Principal Use
Minimum
Site Area
(ha)
Maximum
Site Area
(ha)
Minimum
Site
Frontage
(m)
Minimu
m Front
Yard (m)
Minimum
Rear Yard
(m)
Minimum
Side Yard
(m)
Single detached dwellings
(1)
2.03
4.04
61
15
10
10
Personal care homes
2.03
4.04
61
15
10
10
Community halls and
places of worship.
0.4
no
maximum
30
15
10
10
Parks, archaeological
sites, wildlife and
ecological conservation
areas, municipal facilities
and public works.
no minimum
no
maximum
no
minimum
no
minimum
no
minimum
3
(1)
the development standards in Table 7A-1 that apply to sites and single detached dwellings shall also apply to bare
land units and single detached dwellings that are part of an approved bare land condominium."
c. Bylaw 2009-01
69
8.
CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL
DISTRICT
8.1
Intent
The objective of this district is to provide for medium density, multiple-lot country residential
development and other compatible development in specific areas with standards for such
development which does not directly support agriculture.
8.2
Permitted Uses
The following uses are permitted in this district:
8.2.1
Residential Uses:
(1)
Single detached dwellings.
8.2.2
Recreational Uses:
(1)
Parks.
(2)
Recreation facilities.
8.2.3
Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
8.2.4
Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
8.3
Discretionary Uses
The following uses are discretionary in this district:
8.3.1
Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
70
(3)
Home based business
c. Bylaw 2009-01
8.4
Accessory Buildings and Uses
8.4.1
The following accessory buildings and uses shall be permitted and shall comply with
Section 4.14.10 of this Bylaw.
(1)
Private garages, whether detached or attached to a dwelling unit.
(2)
Garden sheds used for the storage of non-industrial yard maintenance
equipment.
(3)
Greenhouses where accessory to a residential use.
(4)
Keeping of animals on the same site as the residence, subject to Section
8.5.2 of this Bylaw.
(5)
Barns and stables for animals permitted by Section 8.5.2 of this Bylaw..
(6)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a
residence.
(7)
Field crops.
8.5
Regulations
8.5.1
Site Requirements
The minimum and maximum site size and yard requirements are shown in
Table 8-1.
8.5.2
Keeping of animals:
(1)
The keeping of animals within any site in this district shall comply with The
Rural Municipality of Aberdeen Livestock and Poultry Bylaw No. 9407.
(2)
Animals shall not be pastured within 15.25 metres of any dwelling not
owned by the operator of the pasture or owner of the animals, and no
buildings or structures intended to contain animals shall be located within 30
metres of a property line.
(3)
The use of vacant residential sites for pasture of animals is prohibited.
8.6
Development Standards for Discretionary Uses
8.6.1
Home Based Businesses:
(1)
Home based businesses shall comply with Section 4.14.1 of this Bylaw.
71
(2)
No home based business in this district shall include auto body repair or
repainting operations.
(3)
No heavy construction or industrial equipment or supplies shall be stored on
any site for a home based business in this district.
8.6.2
Bed and breakfast homes shall comply with Section 4.14.5 of this Bylaw.
8.6.3
Personal care homes shall be licensed under The Personal Care Homes Act.
72
TABLE 8-1: CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Maximum Site
Area (ha)
Minimum Site
Frontage (m)
Minimum
Front Yard
(m)
Minimum Rear
Yard (m)
Minimum
Side Yard
(m)
Single detached dwellings (1)
2.03
4.04
61
15
10
10
Bed and breakfast homes
2.03
4.04
61
15
10
10
Personal care homes
2.03
4.04
61
15
10
10
Recreation facilities, community
halls, and places of worship.
0.4
no maximum
30
15
10
10
Parks, archaeological sites,
wildlife and ecological
conservation areas, municipal
facilities and public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
(1)
the development standards in Table 8-1 that apply to sites and single detached dwellings shall also apply to bare land units and single detached
dwellings that are part of an approved bare land condominium.
73
8B
CR3 - HIGH DENSITY INTEGRATED COUNTRY RESIDENTIAL AND RECREATIONAL
DISTRICT
c. Bylaw 2013-06
8.B.1
Intent
The objective of this district is to provide for high density multiple-lot country residential
development directly related to a planned and integrated recreation facility.
8B.2
Permitted Uses
The following uses are permitted in this district:
8B.2.1 Residential Uses:
(1)
Single detached dwellings.
8B.2.2 Recreational Uses:
(1)
Parks.
8B.2.3 Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
8B.2.4 Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
8B.3
Discretionary Uses
The following uses are discretionary in this district:
8B.3.1 Residential Uses:
(1)
Multiple-unit dwellings
8B.3.2 Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
(3)
Home based businesses
74
8B.3.3 Recreational Uses:
(1)
Integrated recreation facilities, limited to an equestrian facility or a golf course
including a clubhouse, driving range and other associated facilities.
8B.4
Accessory Buildings and Uses
8B.4.1 The following accessory buildings and uses shall be permitted and shall comply with Section
4.14.10 of this Bylaw:
(1)
Private garages, whether detached or attached to a dwelling unit.
(2)
Garden sheds used for the storage of non-industrial yard maintenance equipment.
(3)
Greenhouses where accessory to a residential use.
(4)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence.
8B.5
Regulations
8B.5.1 Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 8A-1.
8B.6
Development Standards for Discretionary Uses
8B.6.1 Equestrian facility:
(1)
Council may prescribe as a condition of discretionary use approval:
(a)
a limit on the maximum number of animal units that can be boarded trained
or allowed to participate in competitions or events.
(b)
the method or frequency in which manure is managed and removed for the
site and the material used for bedding, such as wood shavings or straw.
(2)
Regulations:
(a)
The owner or operator shall manage surface water properly so that surface
water and runoff is contained within the site.
(b)
Stalls shall be cleaned and new bedding provided daily.
(c)
Manure stored on the site should be removed on a weekly basis.
(d)
A parking area comprising 2,023 m2 and a loading space shall be required.
8B.6.2 Home Based Businesses:
(1)
Home based businesses shall comply with Section 4.14.1 of this Bylaw.
75
(2)
No home based business in this district shall include auto body repair or repainting
operations.
(3)
No heavy construction or industrial equipment or supplies shall be stored on any site
for a home based business in this district.
8B.6.2 Bed and breakfast homes shall comply with Section 4.14.5 of this Bylaw.
8B.6.3 Personal care homes shall be licensed under The Personal Care Homes Act.
8B.7
Off-Street Parking and Loading
8B.7.1 Location of Required Parking and Loading Facilities:
All required parking and loading facilities shall be located on the same site as the principal
building or use.
8B.7.2 Minimum Dimensions of Required Off-Street Parking and Loading Spaces:
(1)
All required off-street parking spaces shall be clear of any access driveways, aisles,
ramps, columns, signs or other similar obstructions and shall have minimum
dimensions of 2.7 metres by 6.7 metres.
(2)
All required off-street loading spaces shall be clear of any access driveways, aisles,
ramps, columns, signs or other similar obstructions and shall have minimum
dimensions of 3.0 metres by 7.5 metres.
8B.7.3 Calculation of Parking Requirements:
When the calculation of parking requirements results in a fractional required parking space,
this fractional requirement shall be rounded up to the nearest whole number.
8B.7.4 Commercial and Industrial Uses:
(1)
Restaurants: Off-street parking shall be provided at a minimum rate of 1 space per 4
seats intended for patrons' use.
(2)
Motels and hotels: Off-street parking shall be provided at a minimum rate of 1 space
per guest unit.
(3)
Retail / service commercial: Off-street parking shall be provided at a minimum rate
of 1 space per 9.3 m2 of building floor area.
(4)
All other commercial and industrial uses: Off-street parking shall be provided at a
minimum rate of 1 space per 46 m2 of building floor area or 1 space per 5 employees,
whichever is greater.
76
8B.7.5 Residential Uses:
(1)
Multiple-unit dwellings: Off-street parking shall be provided at a minimum rate of 1
space per dwelling unit plus 0.5 spaces per dwelling unit for visitor parking.
(2)
In addition to off-street parking spaces otherwise required, 1 off-street parking space
shall be provided for each accessory dwelling unit.
8B.7.6 Required Loading Spaces:
Each principal building with a building floor area greater than 500 m2 shall provide one off-
street loading space."
c. Bylaw 2013-06
77
TABLE 8B-1: CR3 - HIGH DENSITY INTEGRATED COUNTRY RESIDENTIAL AND RECREATIONAL DISTRICT
DEVELOPMENT STANDARDS
Principal Use
Minimum
Site Area
(ha)
Maximum Site
Area (ha)
Minimum
Site Frontage
(m)
Minimum
Front Yard
(m)
Minimum
Rear Yard
(m)
Minimum
Side Yard (m)
Single detached dwellings (1)
0.2
4.04
25
10
6
3 (2)
Bed and breakfast homes
0.2
4.04
25
10
6
3 (2)
Personal care homes
0.2
4.04
25
10
6
3 (2)
Multiple-unit dwellings
0.2
4.04
25
10
6
3 (2)
Equestrian facilities
2.03
no maximum
25
10
10
10
Community halls, and
places of worship.
0.4
no maximum
30
15
10
10
Golf courses, parks,
archaeological sites, wildlife
and ecological conservation
areas, municipal facilities
and public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
(1)
The development standards in Table 8B-1 that apply to sites and single detached dwellings shall also apply to bare land units
and single detached dwellings that are part of an approved bare land condominium.
(2)
Except in the case of a corner lot, where the minimum side yard requirement shall be 10 metres along the flanking street.
c. Bylaw 2013-06
78
9.
C1 - COMMERCIAL / INDUSTRIAL DISTRICT
9.1
Intent
The objective of this district is to provide for commercial, light industrial and other
compatible development in specific areas, with standards for such development.
9.2
Permitted Uses
The following uses are permitted in this district:
9.2.1
Commercial Uses:
(1)
Retail / service commercial.
(2)
Convenience stores, with or without gas bars.
(3)
Agricultural implement, recreational vehicle, automobile, marine and mobile
home sales and service establishments.
(4)
Lumber yards, home improvement centres and building supply
establishments.
(5)
Drive-in theatres.
(6)
Gas bars
(7)
Motels.
(8)
Nurseries, greenhouses and garden centres.
(9)
Restaurants.
(10)
Wholesale establishments.
(11)
Service stations.
(12)
Veterinary clinics and animal hospitals.
(13)
Car and truck washes.
(14)
Recreation facilities.
(15)
Repair services.
(16)
Auction markets, excluding livestock auction facilities .
(17)
Hotels.
9.2.2
Other Uses:
(1)
Public works, except solid and liquid waste disposal facilities.
(2)
Municipal facilities.
9.3
Discretionary Uses
The following uses are discretionary in this district:
79
9.3.1
Industrial Uses:
(1)
Agricultural equipment, fuel, and chemical supply establishments, but
excluding bulk fuel sales and storage.
(2)
Transportation, trucking and freight handling establishments.
(3)
Commercial and industrial warehouse, supply depot and storage
establishments.
(4)
Construction trades establishments.
(5)
Indoor storage rental facilities.
(6)
Warehouses and storage yards.
(7)
Bulk fuel sales and storage.
(8)
Agricultural product processing.
(9)
Welding and machine shops.
(10)
Livestock auction facilities.
(11)
General industrial uses.
(12)
Manufacturing and processing plants.
(13)
Mineral extraction.
(14)
Petroleum or mineral processing facilities.
(15)
Machinery or automotive salvage and storage yards.
(16)
Abattoirs, hide defleshing, tanning facilities and stockyards.
9.3.2
Residential Uses:
(1)
Dwelling units accessory to principal uses, as part of principal buildings, for
the use of caretakers, owners or managers.
9.3.3
Other Uses:
(1)
Solid and liquid waste disposal facilities including soil farms for the
rehabilitation of contaminated soils.
9.4
Accessory Buildings and Uses
9.4.1
Accessory buildings and uses, except accessory dwelling units, shall be permitted and
shall comply with Section 4.14.10 of this Bylaw.
9.5
Regulations
9.5.1
Site Requirements for Principal Uses:
(1)
Industrial and
commercial uses:
Minimum - 1,000 m2.
80
(2)
Public works and
municipal facilities:
Minimum - none.
9.5.2
Site Frontage Requirements:
(1)
Industrial and
commercial uses:
Minimum - 30 m.
(2)
Public works and
municipal facilities:
Minimum - none.
9.5.3
Yard Requirements - Industrial and Commercial Uses:
(1)
Front Yard:
Minimum - 10 m.
(2)
Side yard:
Minimum - 3 m.
(3)
Rear Yard
Minimum - 10% of the
depth of the site, except
where the rear yard abuts
a railroad track or yard,
in which case no rear
yard is required.
9.6
Development Standards for Discretionary Uses
9.6.1
Accessory dwelling units:
(1)
Dwelling units attached to commercial or industrial establishments shall
have a main entrance separate from that of the commercial or industrial
establishment. An emergency exit must be provided in addition to the main
entrance.
9.6.2
All operations shall comply with all regulations of Saskatchewan Environment and
Saskatchewan Labour which govern their operation and development.
9.6.3
Industrial uses shall comply with Section 7.3(8) of the Basic Planning Statement.
9.6.4
Hazardous industrial uses shall comply with Section 7.3(12) of the Basic Planning
Statement.
9.6.5
Solid and liquid waste disposal facilities shall comply with Section 4.14.4 of this
Bylaw and Section 8.3(8) of the Basic Planning Statement.
81
9.6.6
Service stations shall comply with Section 4.14.7 of this Bylaw.
9.6.7
Gas bars shall comply with Section 4.14.8 of this Bylaw.
9.7
Off-Street Parking and Loading
9.7.1
Location of Required Parking and Loading Facilities:
All required parking and loading facilities shall be located on the same site as the
principal building or use.
9.7.2
Minimum Dimensions of Required Off-Street Parking and Loading Spaces:
(1)
All required off-street parking spaces shall be clear of any access driveways,
aisles, ramps. columns, signs or other similar obstructions and shall have
minimum dimensions of 2.7 metres by 6.7 metres.
(2)
All required off-street loading spaces shall be clear of any access driveways,
aisles, ramps, columns, signs or other similar obstructions and shall have
minimum dimensions of 3.0 metres by 7.5 metres.
9.7.3
Calculation of Parking Requirements:
When the calculation of parking requirements results in a fractional required parking
space, this fractional requirement shall be rounded up to the next whole number.
9.7.4
Commercial and Industrial Uses:
(1)
Restaurants: Off-street parking shall be provided at a minimum rate of 1
space per 4 seats intended for patrons' use.
(2)
Motels and hotels: Off-street parking shall be provided at a minimum rate of
1 space per guest unit.
(3)
Retail / service commercial: Off-street parking shall be provided at a
minimum rate of 1 space per 9.3 m2 of building floor area.
(4)
All other commercial and industrial uses: Off-street parking shall be
provided at a minimum rate of 1 space per 46 m2 of building floor area or 1
space per 5 employees, whichever is greater.
9.7.5
Residential Uses:
82
In addition to off-street parking spaces otherwise required, 1 off-street parking space
shall be provided for each accessory dwelling unit.
9.7.6
Required Loading Spaces:
Each principal building with a building floor area greater than 500 m2 shall provide
one off-street loading space.
83
10. MAPS
-c.bylaw 2007-07
- Amend Zoning Map Prairie Rose Estates
-c.bylaw 2007-08
- Amend Zoning Map Valley View Phase II
-c.bylaw 2007-09
- Map Mission Ridge Phase II
-c.bylaw 2008-03
- Map The Meadows Estates
-c.bylaw 2009-03
- Map Bergheim Estates Phase II
-c.bylaw 2010-02
- Map Valley View Phase III
-c.bylaw 2012-01
- Map Valley View Phase IV