Rural Municipality of Biggar No. 347, Saskatchewan
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RURAL MUNICIPALITY OF BIGGAR NO. 347
ZONING BYLAW
PREPARED FOR:
THE R.M. OF BIGGAR NO. 347
PREPARED BY:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
MARCH 2010
M-11
The Rural Municipality of Biggar No. 347
BylawNo. 1--BO\O
APPROVED
REGINA, S
JUL OZ
Minis
of Municipal Affpirs
A Bylliw of the Rural Municipality of Biggar No. 347 to adopt a Zoning Bylaw.
The Ciuncil of the Rural Municipality of Biggar No. 34 7, in the Province of Saskatchewan, in open meeting
assemll>led enacts as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Rural
Municipality of Biggar No. 347 hereby adopts the Rural Municipality of Biggar No. 347 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)
(4)
Bylaw No.3 lA - 87, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
This Bylaw shall come into force on the date of final approval by the Minister of Municipal Affairs.
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TABLE OF CONTENTS
TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
LIST OF TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi
1.
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.
INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.
ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.1
Development Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.2
Application for Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.3
Developments Not Requiring Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.4
Other Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.5
Application Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.7
Discretionary Use Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.8
Validity of a Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.9
Amending the Zoning Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.10
Development Appeals Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.11
Minor Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3.12
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3.13
Zoning by Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
3.14
Offences and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4.
GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4.1
Frontage on the 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, Sites and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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
Vehicle Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.13
Manure Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4.14
Special Standards and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4.15
Setback from Centre Line of Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5.
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.1
Classification of Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.2
Zoning District Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.3
Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.4
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5.5
Transitional Zoning Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5.6
Properties with More than One Zoning District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
6.
A - AGRICULTURAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
6.4
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
6.5
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
7.
HAMLET DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
7.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
7.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
7.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
7.4
Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
7.5
Accessory Buildings and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
7.6
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
7.7
Standards for Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
8.
CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . 60
8.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
8.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
8.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
8.4
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
8.5
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
8.6
Standards for Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
9.
CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . 64
9.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
9.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
9.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
9.4
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
9.5
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
9.6
Standards for Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
10.
C - COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
10.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
10.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
10.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
10.4
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
10.5
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
10.6
Standards for Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
10.7
Off-Street Parking and Loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
11.
M - INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
11.1
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
11.2
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
11.3
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
11.4
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
11.5
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
11.6
Standards for Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
11.7
Off-Street Parking and Loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
LIST OF TABLES
TABLE 6-1
A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
TABLE 7-1
H - HAMLET DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
TABLE 8-1
CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
TABLE 9-1
CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
TABLE 10-1
C - COMMERCIAL DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
TABLE 11-1
M - INDUSTRIAL DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
1
1.
INTRODUCTION
1.1
TITLE
This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Biggar No. 347".
1.2
SCOPE
All development within the limits of the Municipality shall be in conformity with the provisions of
this bylaw, subject to the right of appeal provisions of the Act.
1.3
PURPOSE
This is a Bylaw to control the use and development of the land in the municipality and assist in
implementing the Official Community Plan.
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:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, extent and purpose to the principal building or principal use served;
(c)
contributes to the comfort, convenience or necessity of occupants of the principal building
or principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act: means The Planning and Development Act, 2007, as amended.
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 size, extent and purpose to the principal use
on the same site, but is not necessary for the operation of the principal use on that site.
Animal, Exotic: means any animal that is not domesticated in Saskatchewan and is wild by nature.
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.
Wild Boars
a) boars or sows
3
b) gilts
4
c) feeder pigs
6
3
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; and,
(c)
the meal which is provided is served before noon each day.
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 Biggar No. 347 regulating the erection,
alteration, repair, occupancy or maintenance of buildings or structures.
4
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.
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.
Communications Tower: means any structure used for receiving and transmitting electromagnetic radiation,
including cell phone, radio and television signals.
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.
5
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
7
Council: means the Council of the Rural Municipality of Biggar No. 347.
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.
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
8
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.
Estimated Peak Water Level (E.P.W.L.): means the calculated water level used to determine the flood
hazard area. It is based on the 1;500 peak flow for rivers, and the higher of the 1:500 peak calm level or the
1:100 peak calm level with a 1:5 wind from the most critical direction for most lakes.
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.
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; and,
(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.
Garden Suite: means a detached single unit dwelling which may include a modular home or a mobile home
9
and which is temporarily located on the same site as an existing dwelling unit to provide accommodation for
a specific person or persons who are physically dependant on the residents of the existing dwelling unit or
to provide accommodation for a caregiver of whom a specific person or persons residing in the existing
dwelling unit is physically dependent.
Gas Bar: means a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
Grain Elevator or Terminal: means a facility or area for temporary storage of grain and other agricultural
products for transferral to trucks, train cars, or other modes of transportation.
BUILDING
SIGN
GRADE LEVEL
a
FIGURE 2-2: Calculation of Sign Face Area
SIGN
b
a
b
sign face area = a x b
11
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; and,
(j)
Any other environmentally hazardous substance.
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.
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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.
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) commercial uses are located together
for their mutual benefit, each use having a separate entrance to the outside.
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.
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; and,
(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.
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
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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 Municipality that are used for:
(a)
office and meeting space;
(b)
storage of municipal equipment and supplies;
(c)
recreation; and/or,
(d)
other institutional purposes.
Municipality: means The Rural Municipality of Biggar No. 347.
Nacelle: means the framing and housing at the top of a wind tower that enclose the gearbox and generator.
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; and,
(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, to which all required
permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes effective,
contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards
of the Bylaw for that use.
14
Non-Conforming Use: means a lawful specific use:
(a)
being made of land or a building or intended to be made of land or a building lawfully under
construction, or in respect to which all required permits have been issued, on the date of this
bylaw or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the
case of a building under construction or in respect of which all required permits have been
issued, will not comply with this Bylaw.
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; and/or,
(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.
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.
15
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; and,
(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.
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.
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; nor,
(c)
outdoor compaction.
Reeve: means the Reeve of the Rural Municipality of Biggar No. 347.
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.
16
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, aesthetics, laundry service, laundromats, dry cleaning, shoe repair, tailor or
seamstress services, photographic studios and other similar uses, including the provision of health related
services.
Rotor: means the blades and hubs of a wind turbine that rotate during its operation.
Rural Municipal Administrator: means the Rural Municipal Administrator for the Rural Municipality of
Biggar No. 347.
Safe Building Elevation (S.B.E.): means the level defined by Municipal Affairs at the time of subdivision
to which flood proofing must be undertaken for developments in the flood hazard area. The S.B.E. is
calculated as the E.P.W.L. plus freeboard value. The freeboard allows for the uncertainties in the calculation,
and for other possible hazards such as ice shove, ice jams and erosion. The Saskatchewan Watershed
Authority usually recommends a freeboards of 0.5 m for most situations. For dykes used as flood proofing,
a freeboard of 0.6 m is usually recommended. In areas with high uncertainty in the hydrology or hydraulic
response of the lake or rive, a freeboard of up to 1.0 may be recommended.
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.(refer to Figure 2-3).
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; or,
17
(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.
7.6 m
7.6 m
FRONT SITE LINE
STREET
SIDE SITE LINE
STREET
SIGHT
TRIANGLE
FIGURE 2-3: Sight Triangle
19
Sign Face Area: means the area of the single face of any sign.
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.
Corner Site
Corner Site
Through Site
Interior Site
Interior Site
Interior Site
Interior Site
Corner Site
Corner Site
STREET
S TR E E T
STREET
STREET
FIGURE 2-4: Illustration of Site Definition
21
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.
22
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;
(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; or,
(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.
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.
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.
Wildlife Management Activities: means activities involved in the proper management of an area or region
for the continuous production of wildlife therefrom.
Wind Energy Conversion Facility: means a single wind turbine and all equipment, machinery and structures
utilized in connection with the conversion of wind to electrical energy. This includes, but is not limited to,
all associated transmission, storage, collection and supply equipment, substations, transformers, site access,
service roads and machinery.
Wind Farm: means a wind energy conversion facility consisting of two or more wind turbines.
Wind Turbine: means a device that converts kinetic energy of the wind into rotational energy to turn an
23
electrical generator shaft. A wind turbine typically consists of a rotor, nacelle and supporting tower. The
height of a wind turbine tower is measured from the base of the tower foundation to the highest point of the
blades at their apex.
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.
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.
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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 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.
3.2.2
Farm residences do 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
DEVELOPMENTS NOT REQUIRING PERMIT
3.3.1
Developments which do not require a development permit include:
(1)
Accessory Farm Buildings and Structures: Farm buildings and structures where accessory
to a permitted agricultural use, but excluding any Intensive Livestock Operation structure
or any new dwelling.
(1)
Small Accessory Buildings: Single storey accessory buildings with a building floor area less
than 9.3 m2.
(2)
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 for public works
defined herein.
(3)
Municipal Facilities: Any facility installed and operated by the Rural Municipality.
(4)
Signs: Subject to the provisions of Section 4.10 of this bylaw.
(5)
Maintenance: Maintenance and repairs that do not include any structural alterations.
(6)
Fences
(7)
Trapping
(8)
Temporary Confinement of Livestock: The temporary confinement of livestock during the
25
winter months as part of a farm operation which has been issued a valid 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 and/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 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; and,
-
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
26
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 Section
6, Table 6-1 of the Official Community Plan and measured as specified in the notes
to that table;
-
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 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; and,
-
with applications for wild boar and other exotic species operations, expansions or
alterations, a containment plan, setting out in detail the techniques and methods to
be used to keep the animals 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
27
required to provide documentation, to Council's satisfaction, as specified in Section 3.7.3(9)
of the Official Community Plan and documentation that the locational criteria in Section
3.7.3(8) of the Official Community Plan 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 Section
6, Table 6-1 of the Official Community Plan and measured as specified in the notes
to that table (refer to Section 3.7.3(12) of the Official Community Plan); and
-
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
6-1 of the Official Community Plan and measured as specified in the notes to that
table (refer to Section 3.2.3(9) of the Official Community Plan).
(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 a wind energy conversion facility shall provide documentation, to
Council's satisfaction as follows:
(a)
A site location plan showing the subject property, adjacent roads, railways,
communications towers (to ensure avoidance of microwave transmission corridors),
property lines and all habitable buildings within one (1) one mile of the proposal.
(b)
A detailed site plan drawn to scale showing the location of the proposed wind
turbine(s) and all associated facilities indicating cable locations for domestic useage
and power grid connections, existing vegetation, proposed access and landscaping,
(c)
Confirmation of site ownership by the proponent or where the land is not owned by
the proponent evidence of site control and right to access through provisions of a
lease or easement agreement with the owner.
(d)
Proponents are responsible for obtaining any required federal or provincial permits,
licences and approvals for construction and maintenance of wind energy conversion
facilities and must remit a copy to the municipality.
28
(e)
Details respecting the color and markings for the proposed tower(s) including
required lighting in accordance with federal aviation requirements.
(f)
Validation by a professional engineer of the structural integrity of the proposed
supporting tower(s) and foundation or a description of required manufacturing
specifications.
(g)
Proposals for wind farms may be required to provide additional information
respecting:
(i)
illustration of sight line vistas from residential buildings within one (1) mile
of the proposed development utilizing photographic representations of the
development area;
(ii)
a decommissioning plan addressing the manner of physical removal of the
facility, removal of any hazardous materials and site restoration to a natural
condition, should the use of the facility be discontinued.
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 Official; Community Plan and The Planning and Development Act, 2007.
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.
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:
(1)
the development permit has been issued in error; and/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
29
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
Official Community Plan, 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 75 metres of the
proposal or to the assessed owner of each property within (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; or
(e)
wind energy conversion facilities including wind farms.
(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.
30
(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 in the assessment of the suitability of an application
for a discretionary use or discretionary form of development.
(1)
The proposal must be in conformance with all relevant sections of the Official Community
Plan and 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 or injurious to property, improvements or potential
development in the vicinity.
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 a discretionary use application, Council may prescribe specific
development standards to minimize land use conflict with respect 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
vehicular access;
(d)
control of noise, glare, dust and odour; and,
(f)
the size, shape and arrangement of buildings, and the placement and arrangement of
lighting and signs to ensure compatibility with the height, scale, setbacks and design
of buildings in the surrounding area, and with land uses in the general area.
(2)
Council may approve discretionary use applications for a limited period of time where it is
considered important to monitor and reevaluate 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. An approval shall be deemed to be invalid if the proposed use or
proposed form of development has not commenced within that time or if the Council
determines, within the 12 month period, that the proposed development is not proceeding in
accordance with the terms and conditions of its approval. The Development Officer shall
31
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
twelve (12) 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.
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
AMENDING THE 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 206 - 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.
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.
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.
32
3.10.5 Nothing in this section authorizes a person to appeal a decision of the council:
(1)
refusing to rezone land; or,
(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.
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.
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 Amendment of the Zoning Bylaw - In addition to an application fee, where a person requests Council
to amend the Zoning Bylaw, that person shall pay to the municipality a fee equal to the costs
associated with the public advertisement of the proposed amendment and the costs associated with
providing direct written notice to owners of land that is the subject of the proposed amendment.
3.12.2 Application fees:
(1)
An applicant for a development permit shall pay an application fee in accordance with the
following:
(i)
Permitted principal use:
$25.00
(ii)
Permitted accessory use:
$0.00
(iii)
Permitted ancillary use:
$25.00
(iv)
Discretionary principal use
$50.00
(v)
Discretionary accessory use
$50.00
(vi)
Discretionary ancillary use:
$50.00
(vii)
Development Appeal Fee
up to $50.00 as specified by the Development
Appeals Board.
These fees shall be in addition to any fee required by Section 3.12.1 above.
33
(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
(ii)
Map amendments:
Class 1 Districts: A
Class 2 Districts: C, M
Class 3 Districts: H, CR1, CR2
Zoning Map
Amendments
To
Class 1
Class 2
Class 3
From
Class 1
$100
$200
$400
Class 2
$100
$200
$400
Class 3
$100
$200
$300
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.
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 5.1.4 of the Official Community Plan, shall be indicated on the
Zoning District Map by the addition of the bylaw number authorizing the agreement after the zoning
district designation.
3.14 OFFENCES 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.
34
4.
GENERAL REGULATIONS
Except as noted, the following regulations shall apply to all zoning districts in this bylaw:
4.1
FRONTAGE ON THE 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 to be 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, the lands shall be deemed "hazardous" and Council shall require the applicant
to submit sufficient topographic information to determine if the development will be within 50 metres
of:
- any slope(s) that may be unstable;
- any river or stream flood plain; and/or,
- any 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 Section
4.2.1, and which in the opinion of Council, shows that the proposed site and development is suitable
with respect to the following where relevant:
(a)
the potential for flooding up to the Safe Building Elevation, to be determined from specific
site investigations, or where not involving any building, such lower elevation as may be
suitable for the proposed use.
(b)
the potential for slope instability.
(c)
the required mitigation measures for construction on areas of high water tables if any.
4.2.3
Actions identified in an assessment prepared pursuant to Section 4.2.2 which prevent, change, mitigate
or remedy hazards in lands deemed hazardous may be incorporated as conditions to issuance of any
development permit that may be issued. 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.
4.3
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, except as exempt from requiring a development permit as
specified in Section 3.3.1(1).
35
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; or
(8)
Ancillary uses as specifically provided for in this Bylaw.
4.8
NON-CONFORMING BUILDINGS, SITES AND USES
4.8.1
The adoption or amendment of this bylaw does not affect non-conforming buildings, sites and uses.
4.8.2
The provisions of The Planning and Development Act, 2007, Sections 88 to 93 inclusive, shall apply
to all non-conforming buildings and uses.
36
4.8.3
Non-conforming buildings or sites may continue to be used, maintained and repaired in their present
form.
4.9
MOBILE HOMES
4.9.1
Wherever a single detached dwelling is allowed in any commercial, industrial or agricultural 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.
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
37
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.
4.12 VEHICLE STORAGE
4.12.1 Notwithstanding anything contained in this Bylaw, no person shall use any site in any residential or
hamlet district, for the parking or storage of more than two (2) unlicensed vehicles outside of an
enclosed building .
4.12.2 Section 4.12.1 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.
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4.13 MANURE DISPOSAL
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)
Manure (solid nor liquid) shall not be spread on ground that is frozen or covered in frost or
snow.
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 Official Community Plan
will be achieved to a similar or better 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.
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 five (5) 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
39
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.
(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.
40
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.
(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.
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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.
(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 3.7 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.
(3)
Where service stations occupy a corner site, only one access point shall be on the flanking
street.
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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 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)
The total storage capacity for above-ground fuel storage tanks on any single service station
or gas bar shall not exceed the regulations and requirements set out by the National Fire Code.
(3)
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.
(4)
Notwithstanding (3) 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.
(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.
(5)
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.
43
(6)
Notwithstanding (5) 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.
(7)
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, 10.3.2 and 11.3.2 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 or hamlet district are not to
exceed a height of 10 metres.
(b)
Detached accessory buildings in any agricultural district, commercial or industrial
district - no height restrictions.
(5)
Area of Accessory Buildings:
(a)
The combined building floor area of all accessory buildings, including garden suites,
on any site in a residential or hamlet district shall not exceed 140 square metres.
(b)
Detached accessory buildings in any agricultural district, commercial district or
industrial district - no area restrictions.
(c)
In any zoning district other than A - Agriculture District, the building floor area of
a garden suite shall not exceed 60 square metres. In the A - Agriculture District, the
building floor area of garden suites shall not exceed 113 square metres.
44
(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)
Accessory dwelling units shall only be permitted to accommodate:
(a)
a residence for an operator, or for employees and/or partners engaged in farm
operation, intensive livestock operation, or intensive agricultural operation, subject
to Section 3.4.3 (4) of the Official Community Plan
(b)
a residence for an operator, or for employees and/or partners engaged in a
commercial use, subject to 10.3.2, or for an industrial use, subject to 11.3.2 of this
bylaw.
(c)
a garden suite, subject to the following provisions:
(i)
Garden suites shall be constructed on grade and without a basement.
(ii)
Modular homes and mobile homes, subject to all wheels and axles being
removed, may be allowed as garden suites in the A - Agricultural District;
they are not permitted as garden suites in other districts.
(iii)
Services:
(iii-a)
Water and Sewer:
A garden suite shall be connected to the water and sewer service of
the principal residential buildings.
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(iii-b)
Other Services:
All other services (cable, electrical, natural gas, telephone) may have
separate connections or connect to those services of the principal
residential building.
(iv)
A minimum of one offsite parking stall shall be provided for a garden suite.
(8)
Satellite Dishes and Solar Collectors:
(a)
Satellite Dishes and Solar Collectors:
The installation and operation of a free standing satellite dish or solar collector, and their
supporting structures shall be permitted in all zoning districts, subject to the following:
(i)
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) metres 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;
(ii)
in any District such structures, if freestanding, shall not exceed a height of
ten (10) metres above grade level;
(iii)
in any District such structures if attached to a principal building, shall not
exceed a height of ten (10) metres 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 roof; and,
(iv)
in any District such structures, if attached to or erected upon an accessory
building, shall not exceed the maximum permitted height of the accessory
building upon which such structure is attached or erected.
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.
46
(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.
(2)
Dugouts may not be dug within 38 metres of an established dugout.
4.14.13 Wind Energy Conversion Facilities and Wind Farms
Wind energy conversion facilities, shall be accommodated as a discretionary use in each zoning
district in this Bylaw, except the hamlet district, either as an accessory use to an established principal
use on a site or as the principal use of a site. Wind farms shall be accommodated as a discretionary
use in only the agricultural and industrial districts in the municipality. The following standards apply
to wind energy conversion facilities and wind farms:
(1)
Wind turbines are limited to a maximum height of 30 metres.
(2)
Wind turbines shall be separated or kept clear of all property lines, accessory buildings and
habitable buildings on the site by a distance of 1.5 times its height.
(3)
Wind turbines shall be set back a distance of 50 metres from a municipal road allowance or
railway right of way. Facilities adjacent to a provincial highway are subject to the setback
requirements of the Ministry of Highways and Infrastructure.
(4)
Wind turbines shall be located 250 metres from a habitable dwelling situated on an adjoining
property. This requirement may be reduced where the Council is satisfied that site terrain or
vegetation will effectively reduce the noise level of the turbine or where the proponent
furnishes a noise projection by a qualified professional engineer which estimates a
recommends a reduced setback based on projected sound levels.
4.15 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 (150 feet). Development
of buildings on sites that do not abut such roads shall observe the minimum front yard setbacks as identified
in the specific regulation for those districts.
4.16 BUILDING LINES
Where a building line in a hamlet district has been established by existing buildings in a block having at least
one half of the lots built on, new development may conform to this line.
47
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
Hamlet
H
Low Density Country Residential
CR1
Medium Density Country Residential
CR2
Commercial
C
Industrial
M
5.2
ZONING DISTRICT MAPS
5.2.1
The map, bearing the statement "This is the Zoning District Map which accompanies Bylaw No.
_______" adopted by the Rural Municipality of Biggar No. 347 and signed by the Reeve and Rural
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 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".
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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 and Discretionary Uses
Land uses or developments in existence on a site that were listed as permitted or discretionary uses
under Zoning Bylaw No. 31A - 87, or any amendment thereto, and are 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.
5.6
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, subject to
Section 4.7 herein.
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6.
A - AGRICULTURAL 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 and extraction, excluding gravel pits.
6.2.3
Residential Uses
(1)
Single detached dwelling as a principle use.
6.2.4
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.
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6.3
DISCRETIONARY USES
The following uses are discretionary in this district:
6.3.1
Agricultural Uses:
(1)
Intensive livestock operations.
(2)
Intensive agricultural operations.
(3)
Manure disposal for an ILO.
6.3.2
Residential Uses:
(1)
Dwelling units as an accessory use.
(2)
Garden suites.
(3)
Mobile home courts.
6.3.4
Commercial Uses:
(1)
Agricultural equipment, fuel, and chemical supply establishments including bulk fuel sales
and storage.
(2)
Agriculture servicing and contracting establishments.
(3)
Grain elevators or terminals.
(4)
Gravel pits and gravel crushing operations.
(5)
Machine shops and metal fabricators.
(6)
Golf courses.
(7)
Campgrounds.
(8)
Tourist camps.
(9)
Outfitter base camps.
(10)
Tourism base camps.
(11)
Vacation farms.
(12)
Bed-and-breakfast homes.
(13)
Personal care homes.
(14)
Custodial care facilities.
(15)
Residential care facilities.
(16)
Home based businesses and farm based businesses.
(17)
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.
(4)
Wind energy conversion facilities, including wind farms.
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6.4
ACCESSORY BUILDINGS
6.4.1
Accessory buildings and uses, except garden suites and dwelling units as an accessory use, shall be
permitted and subject to 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.
6.5.2
Principal Use Requirements
The site area of principal and non-agricultural ancillary uses must be constrained by a single
boundary.
6.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the A - Agriculture District with regard to Section 3.7.2
Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals
as well as additional development standards noted as follows.
6.6.1
Intensive agricultural operations including, but not limited to, intensive livestock operations subject
to Section 3.4.3 of the Official Community Plan.
6.6.2
Manure disposal subject to Section 4.13 of this Bylaw.
6.6.3
Solid and liquid waste disposal facilities subject to Section 4.14.4 of this Bylaw and Section 3.2.3 (4)
and 3.2.3 (9) of the Official Community Plan.
6.6.4
Mobile home courts subject to Section 4.14.3 of this Bylaw.
6.6.5
Home businesses and farm based businesses subject to Section 4.14.1 of this Bylaw.
6.6.6
Bed and breakfast homes and vacation farms subject to Section 4.14.5 of this Bylaw.
6.6.7
Custodial care facilities and residential care facilities subject to Section 4.14.6 of this Bylaw
6.6.8
Campgrounds, tourist camps and trailer courts subject to Section 4.14.2 of this Bylaw.
6.6.9
Personal care homes shall be licensed under The Personal Care Homes Act.
6.6.10 Dwelling units as an accessory use and garden suites subject to Section 4.14.10 of this Bylaw.
6.6.11 Outfitter base camps and tourism base camps subject to Section 4.14.11 of this Bylaw.
6.6.13 Discretionary Commercial Uses:
52
(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.
(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.
6.6.14 Wind energy conversion facilities, including wind farms, subject to Section 4.14.13 of this Bylaw.
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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
30
15
10
10
Single detached dwellings
2.03
4.04
30
15
10
10
Vacation farms
2.03
4.04
30
15
10
10
Bed and breakfast homes
2.03
4.04
30
15
10
10
Personal care homes
2.03
4.04
30
15
10
10
Custodial care facilities
2.03
4.04
30
15
10
10
Residential care facilities
2.03
4.04
30
15
10
10
Intensive agricultural
operations
0.8
no maximum
30
15
10
10
Intensive livestock
operations
0.8
no maximum
30
15
10
10
Mobile home courts
0.4
no maximum
30
15
10
10
Agricultural equipment, fuel,
and chemical supply
establishments including
bulk fuel sales and storage.
0.4
no maximum
30
15
10
10
Agricultural servicing and
contracting establishments
0.4
no maximum
30
15
10
10
Grain elevators or terminals
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
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
54
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)
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
Notes:
(1)
or lessor site size that is permitted under Section 3.4.3(6) of the Official Community Plan
55
7.
HAMLET DISTRICT
7.1
INTENT
The objective of this district is to provide for limited residential and commercial growth in the form of infilling
of existing vacant land in the hamlets of Springwater and Duperow.
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)
Public parks.
(2)
Recreation facilities.
7.2.3
Institutional Uses:
(1)
Community halls, public museums, and libraries.
(2)
Schools without residences for students or staff.
(3)
Places of worship.
(4)
Municipal facilities.
7.2.4
Other Uses:
(1)
Historical and archaeological sites.
(2)
Public works, except solid and liquid waste disposal facilities.
(3)
Parking lots.
7.3
DISCRETIONARY USES
The following uses are discretionary in this district:
7.3.1
Commercial Uses:
(1)
Convenience stores, with or without associated gas bars.
(2)
Gas bars.
(3)
Retail / service commercial uses.
(4)
Restaurants.
(5)
Hotels.
(6)
Motels.
(7)
Service stations.
56
(8)
Veterinary clinics and hospitals.
(9)
Bed and breakfast homes.
(10)
Home based businesses.
(11)
Offices and office buildings.
(12)
Tourist camps.
7.4
PROHIBITED USES
7.4.1
Animals:
(1)
The keeping, handling, sale or transhipment of cattle, horses, pigs, goats, llamas, alpacas,
poultry, sheep or other livestock is prohibited within this district.
7.5
ACCESSORY BUILDINGS AND USES
7.5.1
Accessory buildings and uses shall be permitted and subject to Section 4.14.10 of this Bylaw.
7.6
REGULATIONS
7.6.1
Site Requirements
The minimum site size and yard requirements are shown in Table 7-1.
7.6.2
Site Coverage
The maximum site coverage requirements are shown in Table 7-1.
7.7
STANDARDS FOR DISCRETIONARY USES
Council will consider discretionary use applications in the H - Hamlet District with regard to Section 3.7.2
Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals
as well as additional development standards noted as follows.
7.7.1
All Commercial Uses:
(1)
Council may apply special standards in the issuing a development permit for screening of
storage areas or fencing adjacent to residential uses.
(2)
Council may apply special development standards regardingyard requirements" to reduce
conflict with neighbouring uses.
7.7.2
Home Based Businesses:
(1)
Home based businesses subject to Section 4.14.1 of this Bylaw.
(2)
No home based business in this district shall include auto body repair or repainting operations.
57
(3)
No heavy construction or industrial equipment or supplies shall be stored on any site for a
home based business in this district.
7.7.4
Bed and breakfast homes shall subject to Section 4.14.5 of this Bylaw.
7.7.5
Gas bars subject to Sections 4.14.8 and 4.14.9 of this Bylaw.
7.7.6
Service stations subject to Sections 4.14.7 and 4.14.9 of this Bylaw.
58
TABLE 7-1
H - HAMLET DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum
Site Area
(m2)
Minimum Site
Width (m)
Minimum
Front Yard
(m)(3)
Minimum
Rear Yard
(m)(3)
Minimum
Side Yard
(m)
Maximum Site Coverage
(%)
Single detached dwellings (1)
450
15
6
4.5
1.5
50(2)
Bed and breakfast homes
450
15
6
4.5
1.5
50(2)
Convenience stores
225
7.5
6
4.5
1.5
no maximum
Gas Bars
900
30
6
4.5
1.5
no maximum
Retail / service commercial
225
7.5
6
4.5
1.5
no maximum
Restaurants
225
7.5
6
4.5
1.5
no maximum
Service stations
900
30
6
4.5
1.5
no maximum
Veterinary clinics and hospitals
225
7.5
6
4.5
1.5
no maximum
Hotels
900
30
6
4.5
1.5
no maximum
Tourist camps
900
7.5
6
4.5
1.5
no maximum
Offices and office buildings
225
7.5
6
4.5
1.5
no maximum
Motels
900
30
6
4.5
1.5
no maximum
Public parks, recreation facilities,
community halls, public museums,
libraries, places of worship, municipal
facilities, historical and archaeological
sites, public works and parking lots.
no minimum
no minimum
6
4.5
1.5
no maximum
Notes:
(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.
(2)
the floor area of all principal and accessory buildings on a site shall not exceed the maximum site coverage.
(3)
or as may be permitted in Section 4.16 of this Bylaw.
59
8.
CR1 - LOW DENSITY COUNTRY RESIDENTIAL
DISTRICT
8.1
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.
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.
60
8.3.2
Other Uses:
(1)
Wind energy conversion facilities.
8.4
ACCESSORY BUILDINGS
8.4.1
The following accessory buildings and uses shall be permitted and subject to 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)
Large animals, which include only horses, cattle, sheep, goats, llamas and alpacas, will be
permitted, in numbers not exceeding 4 animal units, on a site of at least 4 ha. All other
animals shall be limited to domestic pets of the residents of the site, but in no case shall the
numbers exceed that equal to one animal unit.
(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
STANDARDS FOR DISCRETIONARY USES
Council will consider discretionary use applications in the CR1 - Low Density Country Residential District
with regard to Section 3.7.2 Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for
Discretionary Use Approvals as well as additional development standards noted as follows.
8.6.1
Home Based Businesses:
(1)
Home based businesses subject to Section 4.14.1 of this Bylaw.
61
(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 subject to Section 4.14.5 of this Bylaw.
8.6.3
Personal care homes shall be licensed under The Personal Care Homes Act.
8.6.4
Wind energy conversion facilities, subject to Section 4.14.13 of this Bylaw.
62
TABLE 8-1
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, historical and
archaeological sites, wildlife
and ecological conservation
areas, municipal facilities and
public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
Notes:
(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.
63
9.
CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL
DISTRICT
9.1
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.
9.2
PERMITTED USES
The following uses are permitted in this district:
9.2.1
Residential Uses:
(1)
Single detached dwellings.
9.2.2
Recreational Uses:
(1)
Parks.
(2)
Recreation facilities.
9.2.3
Institutional Uses:
(1)
Community halls.
(2)
Places of worship.
(3)
Municipal facilities.
9.2.4
Other Uses:
(1)
Historical and archaeological sites.
(2)
Wildlife and ecological conservation areas.
(3)
Public works, except solid and liquid waste disposal facilities.
9.3
DISCRETIONARY USES
The following uses are discretionary in this district:
9.3.1
Commercial Uses:
(1)
Bed and breakfast homes.
(2)
Personal care homes.
9.3.2
Other Uses:
(1)
Wind energy conversion facilities.
64
9.4
ACCESSORY BUILDINGS
9.4.1
The following accessory buildings and uses shall be permitted and subject to 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 9.5.2 of this Bylaw.
(5)
Barns and stables for animals permitted by Section 9.5.2 of this Bylaw.
(6)
Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence.
(7)
Field crops.
9.5
REGULATIONS
9.5.1
Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 9-1.
9.5.2
Keeping of animals:
(1)
Large animals, which include only horses, cattle, sheep, goats, llamas and alpacas, will be
permitted, in numbers not exceeding 2 animal units, on a site of at least 2 ha. All other
animals shall be limited to domestic pets of the residents of the site, but in no case shall the
numbers exceed that equal to one animal unit.
(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.
9.6
STANDARDS FOR DISCRETIONARY USES
Council will consider discretionary use applications in the CR2 - Medium Density Country Residential District
with regard to Section 3.7.2 Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for
Discretionary Use Approvals as well as additional development standards noted as follows.
9.6.1
Home Based Businesses:
(1)
Home based businesses subject to 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.
65
9.6.2
Bed and breakfast homes subject to Section 4.14.5 of this Bylaw.
9.6.3
Personal care homes shall be licensed under The Personal Care Homes Act.
9.6.4
Wind energy conversion facilities subject to Section 4.14.13 of this Bylaw.
66
TABLE 9-1
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
30
15
10
10
Bed and breakfast homes
2.03
4.04
30
15
10
10
Personal care homes
2.03
4.04
30
15
10
10
Recreation facilities,
community halls, and places of
worship.
0.4
no maximum
30
15
10
10
Parks, historical and
archaeological sites, wildlife
and ecological conservation
areas, municipal facilities and
public works.
no minimum
no maximum
no minimum
no minimum
no minimum
3
Notes:
(1)
the development standards in Table 9-1 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.
67
10. C - COMMERCIAL DISTRICT
10.1 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.
10.2 PERMITTED USES
The following uses are permitted in this district:
10.2.1 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 subject to Sections 4.14.8 and 4.14.9 and service stations subject to Sections 4.14.7
and 4.14.9.
(7)
Motels.
(8)
Nurseries, greenhouses and garden centres.
(9)
Restaurants.
(10)
Veterinary clinics and animal hospitals.
(11)
Car and truck washes.
(12)
Recreation facilities.
(13)
Repair services.
(14)
Auction markets, excluding livestock auction facilities .
(15)
Hotels.
10.2.2 Other Uses:
(1)
Public works, except solid and liquid waste disposal facilities.
(2)
Municipal facilities.
10.3 DISCRETIONARY USES
The following uses are discretionary in this district:
10.3.1 Light Industrial Uses:
(1)
Agricultural equipment, fuel, and chemical supply establishments.
(2)
Transportation, trucking and freight handling establishments.
(3)
Commercial and industrial warehouse, supply depot and storage establishments.
68
(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)
Wholesale establishments.
(11)
Veterinary clinics and animal hospitals.
(12)
Machinery or automotive salvage and storage yards.
10.3.2 Residential Uses:
(1)
Dwelling units accessory to principal uses, as part of principal buildings, for the use of
caretakers, owners or managers.
10.3.3 Other Uses:
(1)
Solid and liquid waste disposal facilities including soil farms for the rehabilitation of
contaminated soils.
(2)
Wind energy conversion facilities.
10.4 ACCESSORY BUILDINGS
10.4.1 Accessory buildings and uses, except accessory dwelling units, shall be permitted and subject to
Section 4.14.10 of this Bylaw.
10.5 REGULATIONS
10.5.1 Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 10-1.
10.6 STANDARDS FOR DISCRETIONARY USES
Council will consider discretionary use applications in the C - Commercial District with regard to Section 3.7.2
Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals
as well as additional development standards noted as follows.
10.6.1 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.
(2)
Subject to Section 4.14.10 of this Bylaw.
69
10.6.2 All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour which govern their operation and development.
10.6.3 Industrial uses subject to Section 3.7.3(8) of the Official Community Plan.
10.6.4 Wind energy conversion facilities subject to Section 4.14.13 of this Bylaw.
10.7 OFF-STREET PARKING AND LOADING
10.7.1 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.
10.7.2 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.
10.7.3 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.
10.7.4 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.
10.6.5 Residential Uses:
In addition to off-street parking spaces otherwise required, 1 off-street parking space shall be provided
for each accessory dwelling unit.
70
10.7.6 Required Loading Spaces:
Each principal building with a building floor area greater than 500 m2 shall provide one off-street
loading space.
71
TABLE 10-1
C - COMMERCIAL DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum
Side Yard (m)
Retail / service commercial
0.4
30
8
(1)
3
Convenience Stores with or
without Gas Bars
0.4
30
8
(1)
3
Agricultural Implement,
recreational vehicle,
automobile, marine and
mobile home sales and
service establishment
0.4
30
8
(1)
3
Lumber yards, home
improvement centres and
building supply
establishments
0.4
30
8
(1)
3
Drive-in theatres
0.4
30
8
(1)
3
Gas bars and service
stations
0.4
30
8
(1)
3
Motels
0.4
30
8
(1)
3
Nurseries, greenhouses
and garden centres
0.4
30
8
(1)
3
Restaurants
0.4
30
8
(1)
3
Veterinary clinics and
animal hospitals
0.4
30
8
(1)
3
Car and truck wash
0.4
30
8
(1)
3
Recreation facilities
0.4
30
8
(1)
3
Repair services
0.4
30
8
(1)
3
Auction markets, excluding
livestock auction facilities
0.4
30
8
(1)
3
Hotels
0.4
30
8
(1)
3
Public Works, except solid
and liquid waste disposal
facilities
No Minimum
No Minimum
No Minimum
No Minimum
No Minimum
Municipal facilities
No Minimum
No Minimum
No Minimum
No Minimum
No Minimum
72
TABLE 10-1
C - COMMERCIAL DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum
Side Yard (m)
Agricultural equipment, fuel
and chemical supply
establishments
0.4
30
8
(1)
3
Transportation, Trucking
and freight handling
establishments
0.4
30
8
(1)
3
Veterinary clinics and
animal hospitals
0.4
30
8
(1)
3
Commercial and industrial
warehouses, supply depots
and storage establishments
0.4
30
8
(1)
3
Construction trades
establishments
0.4
30
8
(1)
3
Indoor storage rental
facilities
0.4
30
8
(1)
3
Warehouses and storage
yards
0.4
30
8
(1)
3
Bulk fuel sales and storage
0.4
30
8
(1)
3
Agricultural product
processing
0.4
30
8
(1)
3
Welding and Machine
Shops
0.4
30
8
(1)
3
Wholesale establishments
0.4
30
8
(1)
3
Machinery or automotive
salvage and storage yards
0.4
30
8
(1)
3
73
TABLE 10-1
C - COMMERCIAL DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum
Side Yard (m)
Dwelling units accessory to
principal uses, as part of
principal buildings, for the
use of caretakers, owners
or managers
0.4
30
8
(1)
3
Solid and liquid waste
disposal facilities including
soil farms for the
rehabilitation of
contaminated soil
0.4
30
8
(1)
3
Notes:
(1)
10% of the depth of the site
74
11. M - INDUSTRIAL DISTRICT
11.1 INTENT
The objective of this district is to provide for light industrial, heavy industrial and other compatible
development in specific areas, with standards for such development.
11.2 PERMITTED USES
The following uses are permitted in this district:
11.2.1 Industrial Uses:
(1)
Agricultural equipment, fuel, and chemical supply establishments including bulk fuel sales and
storage.
(2)
Agricultural implement, recreational vehicle, automobile, marine and mobile home sales and
service establishments.
(3)
Agricultural product processing.
(4)
Agricultural service and contracting establishments.
(5)
Auction markets, including livestock auction facilities.
(6)
Car and truck washes.
(7)
Commercial and industrial warehouse, supply depot and storage establishments.
(8)
Construction trades establishments.
(9)
Gas bars and service stations.
(10)
General Industrial Use.
(11)
Indoor storage rental facilities.
(12)
Lumber yards, home improvement centres and building supply establishments
(13)
Repair services.
(14)
Transportation, trucking and freight handling establishments.
(15)
Veterinary clinics and animal hospitals.
(16)
Warehouses and storage yards.
(17)
Welding and machine shops.
(18)
Wholesale establishments.
11.2.2 Other Uses:
(1)
Public works, except solid and liquid waste disposal facilities.
11.3 DISCRETIONARY USES
The following uses are discretionary in this district:
11.3.1 Industrial Uses:
(1)
Abattoirs, hide defleshing, tanning facilities and stock yards.
(2)
Grain elevators or terminals.
(2)
Mineral resource processing or refinement facilities.
(3)
Petroleum refinement or processing facilities.
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11.3.2 Residential Uses:
(1)
Dwelling units accessory to principal uses permitted, as part of principal buildings, for the use
of caretakers, owners or managers.
11.3.3 Other Uses:
(1)
Wind energy conversion facilities, including wind farms.
11.4 ACCESSORY BUILDINGS
11.4.1 Accessory buildings and uses shall be permitted and subject to Section 4.14.10 of this Bylaw.
11.5 REGULATIONS
11.5.1 Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 11-1.
11.6 STANDARDS FOR DISCRETIONARY USES
Council will consider discretionary use applications in the M - Industrial District with regard to Section 3.7.2
Discretionary use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals
as well as additional development standards noted as follows.
11.6.1 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.
(2)
Subject to Section 4.14.10 of this Bylaw.
11.6.2 Wind energy conversion facilities, including wind farms subject to Section 4.14.13 of this Bylaw.
11.6.3 All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour which govern their operation and development.
11.7 OFF-STREET PARKING AND LOADING
11.7.1 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.
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11.7.2 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.
11.7.3 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.
11.7.4 Industrial Uses:
(1)
All 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.
11.7.5 Residential Uses:
In addition to off-street parking spaces otherwise required, 1 off-street parking space shall be provided
for each accessory dwelling unit.
11.7.6 Required Loading Spaces:
Each principal building with a building floor area greater than 500 m2 shall provide one off-street
loading space.
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TABLE 11-1
M - INDUSTRIAL 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)
Agricultural equipment, fuel
and chemical supply
establishments including
bulk fuel sales and storage
0.4
(1)
30
10
(2)
4
Agricultural implement,
recreational vehicle,
automotive, marine and
mobile homes sales and
service establishments
0.4
(1)
30
10
(2)
4
Agricultural product
processing
0.4
(1)
30
10
(2)
4
Agricultural service and
contracting establishments
0.4
(1)
30
10
(2)
4
Auction markets, including
livestock auction facilities
0.4
(1)
30
10
(2)
4
Car and truck washes
0.4
(1)
30
10
(2)
4
Commercial and industrial
warehouses, supply depots
and storage establishments
0.4
(1)
30
10
(2)
4
Construction trades
establishments
0.4
(1)
30
10
(2)
4
Gas bars and service
stations
0.4
(1)
30
10
(2)
4
General industrial use
0.4
(1)
30
10
(2)
4
Grain elevators or terminals
0.4
(1)
30
10
(2)
4
Indoor storage rental
facilities
0.4
(1)
30
10
(2)
4
Lumber yards, home
improvement centres and
building supply
establishments
0.4
(1)
30
10
(2)
4
Repair services
0.4
(1)
30
10
(2)
4
Transportation, trucking and
freight handling
establishments
0.4
(1)
30
10
(2)
4
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TABLE 11-1
M - INDUSTRIAL 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)
Veterinary clinics and
animal hospitals
0.4
(1)
30
10
(2)
4
Warehouses and storage
yards
0.4
(1)
30
10
(2)
4
Welding and machine
shops
0.4
(1)
30
10
(2)
4
Wholesale establishments
0.4
(1)
30
10
(2)
4
Public works, except solid
and liquid waste facilities
No minimum
No maximum
No Minimum
No Minimum
No Minimum
No Minimum
Abattoirs, hide defleshing,
tanning facilities and stock
yards
0.4
(1)
30
10
(2)
4
Mineral resource
processing or refinement
facilities
0.4
(1)
30
10
(2)
4
Petroleum refinement or
processing facilities
0.4
(1)
30
10
(2)
4
Notes:
(1)
As determined by demonstrated space requirements
(2)
10% of the depth of the side, except where rear yard abuts railway track or railway yard, in which case no rear yard is required
12. MAPS