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Bylaw: 20-13
Rural Municipality of
Excel No. 71
Zoning Bylaw
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................................. 2
1 INTRODUCTION ...................................................................................................................................... 7
1.1
AUTHORITY ....................................................................................................................... 7
1.2
TITLE ................................................................................................................................. 7
1.3
PURPOSE............................................................................................................................ 7
1.4
SCOPE ................................................................................................................................ 7
1.5
SEVERABILITY .................................................................................................................. 7
2 DEFINITIONS ........................................................................................................................................... 8
3 ADMINISTRATION AND INTERPRETATION ...................................................................................... 39
3.1
DEVELOPMENT OFFICER ................................................................................................. 39
3.2
COUNCIL .......................................................................................................................... 39
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ................................................................ 40
3.4
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS
AND BUSINESS LICENSES .......................................................................................................... 40
3.5
DEVELOPMENT NOT REQUIRING A PERMIT ................................................................... 40
3.6
CONCEPT PLANS (Comprehensive Development Review) .................................................... 41
3.7
DEVELOPMENT PERMIT PROCEDURE ............................................................................. 42
3.8
DISCRETIONARY USE APPLICATION PROCEDURE ......................................................... 43
3.9
INTERPRETATION ............................................................................................................ 45
3.10
REFUSAL OF DEVELOPMENT PERMIT APPLICATION ..................................................... 45
3.11
DEVELOPMENT APPEALS BOARD ................................................................................... 45
3.12
DEVELOPMENT PERMIT APPLICATION FEES .................................................................. 46
3.13
DISCRETIONARY USE APPLICATION FEES ..................................................................... 46
3.14
FEE FOR ZONING AMENDMENT APPLICATION ............................................................... 46
3.15
HOLDING ZONE PROVISIONS .......................................................................................... 47
3.16
PLANNED UNIT DEVELOPMENT ...................................................................................... 47
3.17
REFERRAL UNDER THE PUBLIC HEALTH ACT ................................................................ 47
3.18
MINOR VARIANCES.......................................................................................................... 48
3.19
NON-CONFORMING BUILDINGS, USES AND SITES ......................................................... 49
3.20
DEVELOPMENT PERMIT - INVALID ................................................................................ 50
3.21
CANCELLATION ............................................................................................................... 50
3.22
STOP-WORK ...................................................................................................................... 50
3.23
OFFENCES AND PENALTIES ............................................................................................ 50
3.24
INSPECTION OF PREMISES .............................................................................................. 51
3.25
BYLAW COMPLIANCE ...................................................................................................... 51
3.26
MOVING OF BUILDINGS .................................................................................................. 51
3.27
DEMOLITION OF BUILDINGS ........................................................................................... 51
3.28
TEMPORARY DEVELOPMENT PERMITS ........................................................................... 51
3.29
REGISTERING AN INTEREST (CAVEATS) ........................................................................ 52
3.30
DEVELOPMENT AGREEMENTS ........................................................................................ 52
3.31
SERVICING AGREEMENTS ............................................................................................... 52
3.32
PERFORMANCE BONDS .................................................................................................... 53
3.33
LIABILITY INSURANCE .................................................................................................... 53
4 GENERAL REGULATIONS .................................................................................................................... 54
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION ............................................................................................................................. 54
4.2
PRINCIPAL USE ESTABLISHED ........................................................................................ 54
4.3
ACCESSORY BUILDINGS, USES AND STRUCTURES ........................................................ 55
4.4
USES PERMITTED IN ALL ZONING DISTRICTS ............................................................... 55
4.5
RESTORATION TO A SAFE CONDITION ........................................................................... 56
4.6
GRADING AND LEVELING OF SITES................................................................................ 56
4.7
HEIGHT OF BUILDINGS .................................................................................................... 56
4.8
RESTRICTIONS ON CHANGES .......................................................................................... 56
4.9
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ................................................ 57
4.10
HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT .................................. 57
4.11
FENCE AND HEDGE HEIGHTS .......................................................................................... 57
4.12
LANDSCAPE BUFFERS ..................................................................................................... 57
4.13
KEEPING OF DOMESTIC ANIMALS .................................................................................. 58
4.14
BUILDING AND SITE MAINTENANCE .............................................................................. 58
4.15
PROHIBITED AND NOXIOUS USES ................................................................................... 58
4.16
DISPOSAL OF WASTES ..................................................................................................... 59
4.17
SITE DEVELOPMENT REGULATIONS FOR DEVELOPMENT NEAR WATER
SOURCES ..................................................................................................................................... 59
4.18
PUBLIC UTILITIES AND MUNICIPAL SERVICES .............................................................. 60
4.19
CLOSINGS ......................................................................................................................... 60
4.20
ROADWAYS ...................................................................................................................... 60
4.21
FRONTAGE AND ACCESS/APPROACHES ......................................................................... 61
4.22
ROAD CROSSINGS ............................................................................................................ 61
4.23
HEAVY HAUL ROADS ....................................................................................................... 61
4.24
RAILWAY CROSSINGS AND SIGHT DISTANCES .............................................................. 62
4.25
SIGHT TRIANGLE ............................................................................................................. 62
4.26
DEVELOPMENT ALONG PIPELINES and GAS TRANSMISSION LINES .............................. 62
4.27
COMMUNICATION TOWERS .................................................... Error! Bookmark not defined.
4.28
USES OR OBJECTS PROHIBITED OR RESTRICTED IN YARDS ......................................... 63
4.29
VEHICLE STORAGE .......................................................................................................... 64
4.30
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS ..................................................... 64
4.31
LIGHTING ......................................................................................................................... 65
4.32
SIGNAGE........................................................................................................................... 65
4.33
ZONING DISTRICT SIGN REGULATIONS ......................................................................... 66
4.34
LOADING REQUIREMENTS .............................................................................................. 67
4.35
PARKING .......................................................................................................................... 67
5 DISCRETIONARY USE STANDARDS FOR DEVELOPMENT .............................................................. 69
5.1
HOME BASED BUSINESSES AND OCCUPATIONS ............................................................ 69
5.2
AGRICULTURAL TOURISM USES ..................................................................................... 69
5.3
HARVEST PRESERVES (HUNT FARMS) ............................................................................ 70
5.4
PERSONAL CARE HOMES ................................................................................................. 70
5.5
BED & BREAKFAST HOMES ............................................................................................. 71
5.6
SALVAGE YARDS (AUTO WRECKERS) ............................................................................ 71
5.7
ANIMAL KENNELS ........................................................................................................... 72
5.8
EQUESTRIAN FACILITIES ................................................................................................ 72
5.9
CAMPGROUNDS ............................................................................................................... 73
5.10
TEMPORARY WORK CAMPS ............................................................................................. 74
5.11
WIND FARMS .................................................................................................................... 74
5.12
COMMUNICATION TOWERS .................................................... Error! Bookmark not defined.
5.13
SOLID & LIQUID WASTE DISPOSAL FACILITIES ............................................................. 75
6 ZONING DISTRICTS AND ZONING MAPS .......................................................................................... 79
6.1
ZONING DISTRICTS .......................................................................................................... 79
6.2
ZONING DISTRICT MAPS ................................................................................................. 79
6.3
BOUNDARIES OF ZONING DISTRICTS ............................................................................. 79
7 AGRICULTURAL RESOURCE DISTRICT (AR) .................................................................................... 80
7.1
Permitted Uses .................................................................................................................... 80
7.2
Discretionary Uses .............................................................................................................. 81
7.3
Prohibited Uses ................................................................................................................... 81
7.4
Accessory Buildings and Uses .............................................................................................. 81
7.5
Subdivision and Site Regulations ......................................................................................... 82
7.6
Supplementary Development Standards for Agricultural Uses ................................................ 83
7.7
Farmsteads ......................................................................................................................... 84
7.8
Non-farm RESIDENTIAL Subdivision of Agricultural lands .................................................. 85
7.9
Intensive Livestock Operations ............................................................................................ 86
7.10
Aggregate Extraction (Sand, Gravel, Topsoil) ....................................................................... 89
7.11
Oil and Gas Development .................................................................................................... 91
7.12
Signage Regulations ............................................................................................................ 92
8 COUNTRY RESIDENTIAL DISTRICT (CR) .......................................................................................... 94
8.1
Permitted Uses .................................................................................................................... 94
8.2
Discretionary Uses .............................................................................................................. 94
8.3
Prohibited Uses ................................................................................................................... 94
8.4
Subdivision and Site Regulations ......................................................................................... 95
8.5
Supplementary Regulations or Special Provisions .................................................................. 95
8.6
Accessory Buildings and Uses .............................................................................................. 96
8.7
Legal Access ...................................................................................................................... 97
8.8
Temporary Uses .................................................................................................................. 97
8.9
Keeping of Livestock .......................................................................................................... 98
8.10
Signage Regulations ............................................................................................................ 98
9 HAMLET DISTRICT-H ........................................................................................................................... 99
9.1
Permitted Uses .................................................................................................................... 99
9.2
Discretionary Uses .............................................................................................................. 99
9.3
Prohibited Uses ................................................................................................................... 99
9.4
Site Regulations ................................................................................................................ 100
9.5
Accessory Buildings and Uses ............................................................................................ 100
9.6
Fence and Hedge Heights ................................................................................................... 101
9.7
Outdoor Storage ................................................................................................................ 101
9.8
Signage Regulations .......................................................................................................... 101
9.9
KEEPING OF LIVESTOCK ............................................................................................... 101
10 HIGH PROFILE COMMERCIAL DISTRICT (HPC) ............................................................................. 102
10.1
Permitted Uses .................................................................................................................. 102
10.2
Discretionary Uses ............................................................................................................ 102
10.3
Prohibited Uses ................................................................................................................. 103
10.4
Subdivision and Site Regulations ....................................................................................... 103
10.5
Accessory Buildings and Uses ............................................................................................ 104
10.6
Supplementary Regulations or Special Provisions ................................................................ 104
10.7
Parking Requirements ........................................................................................................ 105
10.8
Loading Requirements ....................................................................................................... 105
10.9
Landscaping Requirements ................................................................................................ 106
10.10 Outside Storage ................................................................................................................ 106
10.11 Automotive Service Uses and Gas Pumps ............................................................................ 107
10.12 Oilfield Supply and Service, Bulk Petroleum Storage and Agrichemical Storage Sites ........... 107
10.13 Signage Regulations .......................................................................................................... 107
11 INDUSTRIAL DISTRICT (IND) ........................................................................................................... 108
11.1
Permitted Uses .................................................................................................................. 108
11.2
Discretionary Uses ............................................................................................................ 108
11.3
Prohibited Uses ................................................................................................................. 109
11.4
Subdivision and Site Regulations ....................................................................................... 109
11.5
Accessory Buildings and Uses ............................................................................................ 110
11.6
Supplementary Regulations or Special Provisions ................................................................ 110
11.7
Loading Requirements ....................................................................................................... 111
11.8
Parking Requirements ........................................................................................................ 112
11.9
Landscaping Requirements ................................................................................................ 112
11.10 Outdoor Storage ................................................................................................................ 112
11.11 Oilfield Supply and Service, Bulk Petroleum Storage and Agrichemical Storage Sites ........... 113
11.12 Performance Standards ...................................................................................................... 113
11.13 Signage Regulations .......................................................................................................... 114
12 ENVIRONMENTALLY SENSITIVE LANDS OVERLAY ..................................................................... 115
12.1
Overlay District Regulations .............................................................................................. 115
12.2
Permitted Uses .................................................................................................................. 115
12.3
Discretionary Uses ............................................................................................................ 116
12.4
Site Development Regulations for Slope Instability Areas .................................................... 116
12.5
Site Development Regulations for Flood Hazard Cautionary Areas ....................................... 117
13 REPEAL AND ADOPTION ................................................................................................................... 118
APPENDIX "A".......................................................................................................................................... 119
APPENDIX "B" .......................................................................................................................................... 122
APPENDIX "C" .......................................................................................................................................... 125
RM of Excel No. 71 Zoning Bylaw No. 20-13
7
1 INTRODUCTION
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Reeve and Council
of the Rural Municipality of Excel No. 71 in the Province of Saskatchewan, in open meeting,
hereby enact as follows:
1.2
TITLE
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Rural Municipality of
Excel No. 71
1.3
PURPOSE
The purpose of this Bylaw is to regulate development and to control the use of land in the
Rural Municipality of Excel No. 71 in accordance with the Official Community Plan Bylaw
19-13.
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Rural
Municipality of Excel No.71 (hereinafter referred to as the Municipality) and for the
health, safety, and general welfare of the inhabitants of the area:
a) to minimize land use conflicts;
b) to establish minimum standards to maintain the amenity of the Rural Municipality;
c) to ensure development is consistent with the physical limitations of the land;
d) to restrict development that places undue demand on the Rural Municipality for
services; and
e) to provide for land-use and development that is consistent with the goals, objectives
and policies of the Rural Municipality of Excel No. 71 Official Community Plan,
Bylaw 19-13.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Rural Municipality of Excel
No. 71 All development within the limits of the Rural Municipality shall hereafter conform to the
provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in
part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of
the provisions of this Bylaw.
RM of Excel No. 71 Zoning Bylaw No. 20-13
8
2 DEFINITIONS
Whenever the subsequent words or terms are used in the RM of Excel No. 71 Official Community
Plan, Bylaw No. 19-13 and this Bylaw, they shall, have the following definition unless the context
indicates otherwise.
ABATTOIR: a facility for butchering or slaughtering animals, and to dress, cut and inspect meats;
refrigerate, cure, and manufacture by-products.
ACCESSORY: a building, structure or use of a specific site which is subordinate and exclusively
devoted to the principal building, principal structure, or principal use of the same site.
ACT: The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time
to time.
ADJACENT: contiguous or would be contiguous if not for a river, stream, railway, road or utility
right-of-way or reserve land; and any other land identified in this Bylaw as adjacent land for the
purpose of notifications.
ADMINISTRATOR: the Administrator of the Rural Municipality of Excel No. 71
AGGREGATE RESOURCE: raw materials including sand, gravel, clay, earth or mineralized rock
found on or under a site.
AGRICULTURAL: a use of land, buildings or structures for the purpose of animal husbandry,
fallow, field crops, forestry, market gardening, pasturage, private greenhouses and includes the
growing, packing, treating, storing and sale of produce produced on the premises and other
similar uses customarily carried on in the field of general agricultural.
AGRICULTURE (INTENSIVE): an agricultural production system characterized by high inputs
relative to land area enabling a substantial increase in production using methods geared toward
making use of economies of scale to produce the highest output at the lowest cost.
AGRICULTURAL HOLDING OR FARM: the cumulative total of all sites which are:
-
owned by a person, and
-
used for agricultural operations and production, and
-
are situated within the rural municipality,
and shall not include a site, the principal use of which is residential or non-agricultural.
AGRICULTURAL OPERATION: a site, or sites, the principal use of which is to derive produce
directly from the following activities, but shall not be residential in use.
a) cultivating land;
b) producing agricultural crops, including hay and forage;
c) producing horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs,
flowers, greenhouse crops and specialty crops;
d) raising all classes of livestock, horses, poultry, fur-bearing animals, game birds and game
animals, bees and fish;
RM of Excel No. 71 Zoning Bylaw No. 20-13
9
e) carrying on an intensive livestock operation;
f)
involved the primary processing of agricultural products which provide a primary source of
livelihood and income to the site owner or operator;
g) operating agricultural machinery and equipment, including irrigation pumps and noise -
scare devices;
h) conducting any process necessary to prepare a farm product for distribution from the farm
gate;
i)
storing, handling and applying fertilizer, manure, organic wastes, soil amendments and
pesticides, including both ground and aerial application;
j)
any other prescribed agricultural activity or process as defined by Council from time to
time.
AGRICULTURAL INDUSTRY: those processing and distributing industries providing products or
services directly associated with the agricultural business sector and without restricting the
generality of the above may include:
a) grain elevators
b) feed mills
c) abattoirs
d) seed cleaning plants
e) pelletizing plants
f)
bulk fertilizer distribution plants
g) bulk agricultural chemical distribution plants
h) anhydrous ammonia storage and distribution
i)
bulk fuel plants
j)
livestock holding stations
k) retail sales of the goods produced or stored as part of the dominant use on the site .
AGRICULTURAL COMMERCIAL: a use related to the sale of products or machinery of an
agricultural nature or the provision of services to the agricultural community, and without
restricting the generality of the above may include livestock auction marts, farm implement
dealerships, fruit stands, veterinary clinics and animal hospitals.
AGRICULTURAL RESIDENCE: a dwelling unit accessory to the use of land intended for a
combined residential and agricultural purpose.
AGRICULTURAL RESIDENTIAL DEVELOPMENT: the establishment of a residence on an
agricultural holding in the absence of subdivision of where the residence remains directly
appurtenant to the agricultural operation.
AGRICULTURAL TOURISM: a tourism oriented commercial land use related to the retail sale of
products or the provision of entertainment associated with an agricultural operation or a rural
environment and without limiting the generality of the above includes historical and vacation
farms, farm zoos, gift shops, restaurants, art galleries and cultural entertainment facilities.
ALTERATION OR ALTERED (RENOVATION): with reference to a building, structure or site means
a change from one major occupancy class or division to another, or a structural change such as
an addition to the area or height, or the removal of part of a building, or any change to the
structure such as the construction of, cutting into or removal of any wall, partition, column, beam,
joist, floor or other support, or a change to or closing of any required means of egress or a
change to the fixtures, equipment, cladding, trim, or any other items regulated by this Bylaw such
as parking and landscaping.
RM of Excel No. 71 Zoning Bylaw No. 20-13
10
ANCILLARY: a building, structure or use of a specific site which is related in a subsidiary manner
to the principal building, principal structure, or principal use of the same site.
ANIMAL CLINIC (SEE CLINICS)
ANIMAL HOSPITAL (SEE CLINICS)
ANIMAL UNIT (A.U.) the kind and number of animals calculated in accordance with the following
table:
Animal Type
Number of
Animals =
1
Animal
Unit
Poultry
-
Hens,
cockerels,
capons
-
Chicks,
broiler
chickens
-
Turkeys,
geese,
ducks
-
Exotic birds
100
200
50
25
Hogs
-
Boars and sows
-
Gilts
-
Feeder pigs
-
Weanling pigs
3
4
6
20
Sheep
-
Rams or ewes
-
Lambs
7
14
Goats etc.
-
All (including llamas,
alpacas etc.)
7
Cattle
-
Cows and bulls
-
Feeder cattle
-
Replacement heifers
-
Calves
1
1.5
2
4
Horses
-
Colts and ponies
-
Other horses
2
1
Other
-
Domesticated
native
ungulates (deer, elk,
bison, etc.)
1
RM of Excel No. 71 Zoning Bylaw No. 20-13
11
APPLICANT: a developer or person applying for a development permit under this Bylaw, for a
subdivision approval to an approving authority under The Planning and Development Act, 2007.
ASPHALT PLANT (SEE CONCRETE PLANT)
AUCTION MART/MARKET: means a building or structure or lands used for the storage of goods,
materials and livestock which are to be sold on the premises by public auction and for the sale of
the said goods, materials, and livestock by public auction and on an occasional basis.
AUTO WRECKER: an area where motor vehicles are disassembled, dismantled or junked, or
where vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to
the general public.
BASEMENT: that portion of a building between two floor levels, which is partly underground and
has not more than one-half its height from the finished floor to finished ceiling, above finished
grade.
BED AND BREAKFAST: a dwelling unit, licensed as a tourist home under The Public
Accommodation Regulations, 1997, in which overnight accommodation within the dwelling unit,
along with one meal served before noon, is provided to the travelling public for a charge.
BILLBOARD: a private free-standing sign, including supporting structures, which advertises
goods, products, services, organizations, or facilities that are available from, located on, or refer
to, a site other than the site on which the sign is located.
BORROW PIT: An excavation in the earth where soil is removed from one location to be used,
without further processing, as fill at another location for construction or landscaping activities
associated with an approved development.
BUFFER: a strip of land, vegetation or land use that physically separates two or more different
land uses.
BUILDING: a structure used for the shelter or accommodation of persons, animals, or chattels
and includes any structure covered by a roof supported by walls or columns.
BUILDING BYLAW: the Bylaw of the Rural Municipality of Excel No.71 regulating the erection,
alteration, repair, occupancy, maintenance or demolition of buildings and structures.
BUILDING FLOOR AREA: the sum of the gross horizontal area of all floors of a building excluding
the floor area used for or devoted to mechanical equipment, laundry, storage, swimming pools,
and enclosed or underground parking facilities. All dimensions shall be measured between
exterior faces of walls or supporting columns, or from the centre line of the walls or supporting
columns separating two buildings. For the purpose of this Bylaw, the term 'storage' means the
keeping or placing of trunks, luggage or similar articles in a place designed therefore, but shall
exclude clothes closets, linen closets, broom cupboards, kitchen and bathroom cupboards of
whatsoever nature.
BUILDING FRONT LINE: the line of the wall of the building or any projecting portion of the
building and production thereof, excluding permitted obstructions, which faces the front site line.
RM of Excel No. 71 Zoning Bylaw No. 20-13
12
BUILDING HEIGHT: the vertical distance measured from the 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.
BUILDING PERMIT: a permit issued under the Building Bylaw of the Rural Municipality of Excel
No. 71 authorizing the construction of all or part of any building or structure.
BUILDING, PRINCIPAL: a building in which is conducted the main or primary use of the site on
which the said building is situated.
BUILDING REAR LINE: the line of the wall of the building or any projecting portion of the building
and production thereof, excluding permitted obstructions, which faces the rear site line.
BUILDING SIDE LINE: the line of the wall of the building or any projecting portion of the building
and production thereof, excluding permitted obstructions, which faces the side site line.
BULK FUEL SALES AND STORAGE: includes lands, buildings, and structures for the storage and
distribution of fuels and oils including retail sales or key lock operations.
BYLAW: the Rural Municipality of Excel No. 71
Building Height Measurements
RM of Excel No. 71 Zoning Bylaw No. 20-13
13
CAMPGROUND: an area used for a range of overnight camping experiences, from tenting to
serviced trailer sites, including accessory facilities which support the use, such as administration
offices and laundry, washroom and shower facilities, but not including the use or mobile homes or
trailers on a permanent year-round basis.
CANADA LAND INVENTORY (C.L.I.) SOIL CLASS RATING SYSTEM: provides an indication of the
agricultural capability of land. The classes indicate the degree of limitation imposed by the soil in
its use for mechanized agriculture. The C.L.I. class for each parcel of land is determined by the
dominant C.L.I. class for the parcel, usually a quarter-section of land. Soil classes range from 1
to 7, with Class 1 soils having no significant limitations and Class 7 having severe limitations in
terms of its capacity for arable culture or permanent pasture.
(PRIME)LANDS: Canada Land Inventory (C.L.I) Soil Class Rating System
Class 1 - Soils in this class have no significant limitations in use for crops.
Class 2 - Soils in this class have moderate limitations that restrict the range of crops or
require moderate conservation practices.
Class 3 - Soils in this class have moderately severe limitations that reduce the choice of
crops or require special conservation practices.
(MARGINAL) LANDS: Canada Land Inventory (C.L.I) Soil Class Rating System
Class 4 - Soils in this class have severe limitations that restrict the choice of crops, or
require special conservation practices and very careful management, or both.
Class 5 - Soils in this class have very severe limitations that restrict their capability to
producing perennial forage crops, and improvement practices are feasible.
Class 6 - Soils in this class are unsuited for cultivation, but are capable of use for
unimproved permanent pasture.
Class 7 - Soils in this class have no capability for arable culture or permanent pasture.
CARDLOCK OPERATIONS: a petroleum dispensing outlet without full-time attendants.
CEMETERY: land that is set apart or used as a place for the interment of the dead or in which
human bodies have been buried. "Cemetery" may include a structure for the purpose of the
cremation of human remains and may include facilities for storing ashes or human remains that
have been cremated or the interment of the dead in sealed crypts or compartments.
CLEAN FILL: uncontaminated non-water-soluble, non-decomposable inert solids such as rock,
soil, gravel, concrete, glass and/or clay or ceramic products. Clean fill shall not mea n processed
or unprocessed mixed construction and demolition debris, including, but not limited to, wallboard,
plastic, wood or metal or any substance deemed corrosive, combustible, noxious, reactive or
radioactive.
CLINICS / HOSPITAL, ANIMAL
RM of Excel No. 71 Zoning Bylaw No. 20-13
14
ANIMAL CLINIC: a building or part thereof used by a qualified veterinarian for the
treatment of animal health needs where animals are not kept on the premises for surgery
or kept overnight.
ANIMAL HOSPITAL: the premises of a veterinary surgeon where small, large domestic
animals and livestock are treated or kept involving surgery and the keeping of animals in
outdoor or indoor pens.
VETERINARY CLINICS: a place for the care and treatment of small animals involving
outpatient care and medical procedures involving hospitalization, but shall not include the
keeping of animals in outdoor pens.
CLUSTER: where design allows for the concentration of development in pockets to preserve
ecological areas and other open space while providing lower servicing cost and alter native
development (ie. housing) patterns.
COMMERCIAL: the use of land, buildings, or structures for the purpose of buying and selling
commodities, and supplying professional and personal services for compensation.
COMMERCIAL INDOOR STORAGE: a building or series of buildings comprising multiple storage
bays intended for lease or rent by the general public for the purpose of indoor storage of private
goods.
COMMERCIAL, SMALL SCALE: Commercial or Industrial land uses maintaining a lineal frontage
less than 90 metres (295.28 feet).
COMMUNICATION TOWER:
any type of tower or facility regulated by the federal government
under The Telecommunication Act, Radiocommunication Act, or Broadcasting Act used to receive
and/or transmit radio-frequency signals, microwave signals, or other federally licensed
communications signal. Communication towers include the antenna, and may include a
supporting tower, mast or other supporting structure, and an equipment shelter.
COMMUNITY FACILITIES: 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.
COMPREHENSIVE DEVELOPMENT REVIEW (SEE CONCEPT PLAN)
CONCEPT PLAN (COMPREHENSIVE DEVELOPMENT REVIEW): a land use concept plan for a
specific local area that identifies social, environmental, health an d economic issues which the
proposed development must address.
CONCRETE (ASPHALT) PLANT: an industrial facility used for the production of asphalt or
concrete, or asphalt or concrete products, used in building or construction, and includes facilities
for the administration or management of the business, the stockpiling of bulk materials used in
the production's process or of finished products manufactured on the premises and the storage
and maintenance of required equipment.
CONDOMINIUM: as defined by The Condominium Property Act, 1993, means the land included in
a condominium plan together with the buildings and units and the common property and common
facilities belonging to them.
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CONDOMINIUM, BARE LAND (FREEHOLD): involves dividing a parcel of land into individually
owned 'bare land units'. Each bare land unit is shown on a survey plan. The balance of the parcel
around the units is common property.
CONDOMINIUM, TOWNHOUSE: involves dividing a building into individually owned units with
boundaries referenced to the walls, floors and ceilings. Each unit shall have its own entrance to
the outside. Other parts of the building and the parcel containing the building are common
property.
CONSERVATION: the planning, management and implementation of an activity with the objective
of protecting the essential physical, chemical and biological characteristics of the environment
against negative impacts.
CONTRACTOR'S YARD: the yard of a contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and includes facilities for the
administration or management of the business and the stockpiling or storage of supplies used in
the business.
CONVENIENCE STORE: a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day
to day service to residents in the vicinity.
COTTAGE WINERY: an establishment primarily engaged in manufacturing wines, brandy, and
brandy spirits from grapes, berries and other agricultural produce, the majority of which is grown
on site. This includes the bottling, storage and sale wines.
COUNCIL: the Council of the Rural Municipality of Excel No. 71.
COUNTRY RESIDENCE: a dwelling or site whose owner's principal source of household income is
derived from a source other than the principal agricultural use of that site.
COUNTRY RESIDENTIAL DEVELOPMENT: residential development contained within a severance
from an agricultural holding where the essential land requirement is for a residential building site
and space rather than for productive agricultural purposes.
COUNTRY RESIDENTIAL DEVELOPMENT, MULTI-PARCEL: involves high density rural residential
development and may include cluster, multi-unit, linear developments or other suitable design
concepts along roadways where the essential land requirement is for a residential building site
and space, rather than for productive agricultural purposes.
CREMATORIUM: a building fitted with the proper appliances for the purposes of the cremation of
human and animal remains and includes everything incidental or ancillary thereto.
DAYCARE CENTRE: Any kind of group daycare programs including eldercare or aged adults,
nurseries for children of working parents, nursery schools for children under the age for
education in public schools or parent cooperative nursery schools and programs covering after
school care for school children provided such an establishment is approved by the provincial
government and conducted in accordance with provincial requirements.
DEMOLITION PERMIT: a permit issued for the removal or dismantling of a building or structure
within the Municipality's boundaries as prescribed under Section 13 of The Uniform Building and
Accessibility Standards Act.
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DEVELOPMENT: the carrying out of any building, engineering, mining or other operations in, on
or over land or the making of any material change in the use of any building or land, the moving
of any building or structure onto land, the moving of a mobile home or trailer coach onto land,
and the opening or stripping of land for the purpose of removing therefrom sand, gravel or other
aggregate resources.
DEVELOPMENT AGREEMENT: the legal agreement between a developer and the Municipality
which specifies the all obligations and the terms and conditions for the approval of a development
pursuant to section 172 of The Planning and Development Act, 2007.
DEVELOPMENT OFFICER: an individual appointed by the Council of the Municipality to act as a
Development Officer to administer this Bylaw.
DEVELOPMENT PERMIT: a permit issued by the Municipality that authorizes development, but
does not include a Building Permit.
DIRECTIONAL SIGNAGE: signage located off-site providing direction to and information about a
specific enterprise or activity which does not contain general advertising.
DISCRETIONARY USE: a use of land or buildings or form of development that is prescribed as a
discretionary use in the Zoning Bylaw; and requires the approval of Council pursuant to Section
56 of The Planning and Development Act, 2007.
DORMITORY: sleeping quarters or entire buildings primarily providing sleeping and residential
quarters for large numbers of people.
DWELLING: a building or part of a building designed exclusively for residential occupancy.
DWELLING, DUPLEX: a building that is divided into two (2) dwelling units, one upper and one
lower, with separate entrances.
DWELLING, MULTIPLE UNIT: a building containing three (3) or more dwelling units and shall
include condominiums, townhouses, row houses, and apartments as distinct from a rooming
house, hotel, or motel.
DWELLING, SEMI-DETACHED: a building divided into two (2) dwelling units by a common vertical
wall extending from the base of the foundation to the roofline.
Semi-Detached Dwelling
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DWELLING, SINGLE-DETACHED: a building containing only one (1) dwelling unit, as herein
defined, and occupied or intended to be occupied as a permanent residence, including a RTM
when attached to a conventional foundation on the site, but not including a mobile or modular
home as defined.
DWELLING, TOWN (ROW) HOUSE: a dwelling, designed as one cohesive building in terms of
architectural design, which contains three (3) or more similar attached dwelling units each of
which fronts on a street, has direct access to the outside at grade and is not wholly or partly
above another dwelling.
DWELLING GROUP: a group of single-detached, semi-detached, or multiple unit dwellings
clustered on one lot or site, built as one development.
DWELLING UNIT: a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components, but does not include
boarding houses or rooming units. For the purposes of this definition, "kitchen components"
include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or
other cooking appliances and kitchen tables and chairs.
ELEVATION: the height of a point on the earth's surface above sea level.
ENVIRONMENTAL RESERVE: lands that have been dedicated to the Municipality by the developer
of a subdivision as part of the subdivision approval process. Environmental Reserves are those
lands that are considered undevelopable and may consist of a swamp, gully, ravine, coulee or
natural drainage course, or may be lands that are subject to flooding or are cons idered unstable.
Environmental Reserve may also be a strip of land, not less than 6.0 metres (19.69 feet) in
Single-Detached Dwelling
Town House Dwelling
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width, abutting the bed and shore of any lake, river stream or other body of water for the
purposes of preventing pollution or providing access to the bed and shore of the water body.
ENVIRONMENTAL FARM PLANS (EFP): are voluntary, confidential, self- assessment tools used
by producers to raise awareness about environmental risks and opportunities on their operations.
As part of their EFP, producers develop their own action plans to identify management practices
that can reduce environmental risk on their operations.
EQUESTRIAN FACILITY (RIDING STABLES): the use of lands, buildings, or structures for the
boarding of horses, the training of horses and riders, and the staging o f equestrian events, with
or without charge and with or without general public involvement, but does not include the racing
of horses.
ESSENTIAL YARD SITE FEATURES: features of an existing farmstead which are deemed
necessary for inclusion within a subdivision plan including but not limited to dugouts, shelterbelt
plantings and water wells.
EXISTING: in place or taking place on the date of the adoption of this Bylaw.
FAIRGROUND: the use of land, buildings or structures where the temporary exhibition of music,
art, goods, wares, vehicles and the like are displayed and made available for sale and may
include a midway, place of amusement, rodeo or other similar activities.
FARM BUILDING: improvements such as barns, granaries, workshops etc., used in connect ion
with the growing and sale of trees, shrubs, and sod or the raising or production of crops,
livestock or poultry or in connection with fur production or bee keeping and situated on a parcel
of land used for farm operation.
FARMERS' MARKET: an occasional or periodic sales activity held in an open area where groups
or individual sellers offer new and used goods, crafts or produce for sale directly to the public but
does not include a retail store, shopping centre or greenhouse.
FARMSTEAD/FARM YARD: the buildings and adjacent essential grounds surrounding a farm.
FARM YARD SITE (SEE ESSENTIAL YARD SITE FEATURES)
FEEDLOT: a fenced area where livestock are confined solely for the purpose of growing or
finishing, and are sustained by means other than grazing.
FILL: soil, rock, rubble, or other approved, non-polluting waste that is transported and placed on
the existing, usually natural, surface of soil or rock, following the removal of vegetation cover,
topsoil, and other organic material.
FLOOD: a temporary rise in the water level that results in the inundation of an area not ordinarily
covered by water.
FLOOD HAZARD: an area that would be inundated by the design flood.
FLOOD, DESIGN:
a) a 1:500 year flood;
b) a flood having a return period greater than 1:500 years;
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c) a recorded flood having a water surface elevation equal to or exceeding that of a 1:500
year flood.
FLOOD LEVEL, DESIGN: the elevation of the design flood.
FLOOD-PROOFING: any combination of structural and non-structural modifications to structures,
buildings or land, which reduces or eliminates flood damage to structures, buildings,
development, land, servicing, environmental and building-contents by using the freeboard
elevation.
FLOODWAY: a water body or the channel of a water course, including adjoining lands, which are
required to carry and discharge, or to contain, the design flood with a known hydraulic impact.
FLOODWAY FRINGE: that part of the flood hazard area which is outside a floodway, but which
would be covered by flood waters.
FREEBOARD ELEVATION: the elevation of the Estimated Peak Water Level plus an extra 0.50
metres (1.64 feet).
FLOOR AREA: the total area of all floors of a building or structure, excluding stairwells, elevator
shafts, equipment rooms, interior vehicular parking, unloading areas and all floors below the first
or ground floor, except when used or intended to be used for human habitation or service to the
public.
GAME FARM: land and facilities on which domestic game farm animals are held for commercial
purposes. (See Harvest Preserve).
GARAGE: a building or part of a building used for or intended to be used for the storage of motor
vehicles and wherein neither servicing nor repairing of such vehicles are carried on for
remuneration.
GARDEN SUITE: an additional dwelling unit that is separate from and secondary to the principal
single detached dwelling on the residential lands; the unit is to be used by a relative (blood,
marriage, or legal adoption) or caregiver of the resident of the principal single detached dwelling.
GAS BAR: a building or place used for, or intended for the provision of gasoline or diesel fuel
and may or may not include a convenience store.
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GENERAL COMMERCIAL TYPE I: those developments where activities and uses are primarily
carried on within an enclosed building intended to provide for the merchandising of refined goods
and services targeted for the travelling public and the surrounding community for financial gain.
GENERAL COMMERCIAL TYPE II: those developments where activities and uses are primarily
carried on within an enclosed building intended to provide for the merchandising of refined goods
and services and in addition may involve outside storage. Some minor manufacturing of goods
may occur inside or outside.
GENERAL INDUSTRY TYPE I: those developments where activities and uses are primarily carried
on within an enclosed building where no significant nuisance factor is created or is apparent
outside an enclosed building. Developments of this type shall not pose, in the opinion of a
Development Officer, any significant risk of interfering with the amenity of adjacent sites because
of the nature of the site, materials or processes and shall include but not be limited to the
following activities:
a) the assembling of goods, products or equipment;
b) the limited processing of raw, value-added or finished materials;
c) the storage or trans-shipping of materials, goods and equipment;.
d) the training of personnel in general industrial operations.
It may include any indoor display, office, technical or administrative support areas or any sales
operation accessory to the general industrial uses.
GENERAL INDUSTRY TYPE II: those developments in which all or a portion of the activities and
uses are carried on outdoors, without any significant nuisance or environmental factors such as
noise, appearance, or odor, extending beyond the boundaries of the site. Developments of this
type shall not pose, in the opinion of a Development Officer, any significant risk of interfering
with the amenity of adjacent sites because of the nature of the site, materials or processes and
shall include but not be limited to the following activities:
a) manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products;
b) the storage or trans-shipping of materials, goods and 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 in non -industrial
districts.
GENERAL INDUSTRY TYPE III (EXCLUSIONARY USES): refers to certain industrial activities that
maybe characterized as exhibiting a high potential for adversely affecting the safety, use,
amenity or enjoyment of adjacent and nearby industrial and non-industrial sites due to their
scale, appearance, noise, odor, emissions and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated negative effects on surrounding
land uses is through spatial separation. Such uses would include but no t be limited to the
following: landfill, ethanol plant, transformer stations, uranium refiners, anhydrous ammonia
storage and distribution centres.
GEOTECHNICAL ASSESSMENT: an assessment or estimation by a qualified expert of the earth's
subsurface and the quality and/or quantity of environmentally mitigative measures that would be
necessary for development to occur.
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GOLF COURSE: a public or private area operated for the purpose of playing golf, and includes a
par 3 golf course, club house and recreational facilities, accessory driving ranges, and similar
uses.
GREENHOUSE: a building with glass or clear plastic walls and roof for the cultivation and
exhibition of plants under controlled conditions.
GREENHOUSE, COMMERCIAL: a greenhouse that includes a retail aspect catering to the general
horticultural needs of the general public for financial gain and includes outdoor storage of
landscaping supplies.
GREENHOUSE, INDUSTRIAL: a greenhouse intended to serve intermediate industrial and retail
markets with large quantities of horticultural supplies, not including consumer retail.
GREENWAYS: a linear park which may accommodate pathways principally for foot traffic and/or
bicycles. Typically, greenways are planned along creeks, streams or rivers and managed as
natural environments, or bikeways along landscaped roads.
GROSS SURFACE AREA: the area of the rectangle or square within which the face of a sign can
be completely contained, exclusive of any supporting structure or, where a sign has more than
one face or the face of the sign is not flat, the rectangle within which the largest area of the face
of the sign in profile can be completely contained exclusive of any supporting structure.
HALL: a building or part of a building, in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social purposes and may include a banquet
hall, private club or fraternal organization.
HAMLET: a small, rural, unincorporated community that includes a limited number of land uses,
typically single family dwellings and rural commercial, where infill, m inor expansion and
diversification of support services may occur.
HARVEST PRESERVE: an area of deeded private land fenced for the purpose of management,
control, and harvesting of domestic game farm animals. Harvest preserves are regulated by The
Domestic Game Farm Animal Regulations.
HAZARD LAND: land which may be prone to flooding, slumping, landslides, or erosion or any
other instability, or is a flood plain or watercourse.
HAZARDOUS SUBSTANCE: a substance that, because of its quality, concentration or physical,
chemical or infectious characteristics, either individually or in combination with other substances
on the site is an existing or potential threat to the physical environment, to human health or to
other living organisms.
HAZARDOUS USES: a development which may generate any of the following characteristics:
a) Excessive noise, odor, dust, vibration;
b) Offensive emissions;
c) Involves dangerous or toxic materials, chemicals and wastes;
d) Air, water or soil pollution;
e) Land use incompatibility;
f) Reduced public safety, and may include auto-wrecking, fertilizer, asphalt, chemical
and grain handling uses.
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HELO-STOP (LIMITED USE): any landing area used for the taking off and the landing of private
helicopters for the purpose of picking up and discharging passengers or cargo and is not open to
use by any helicopter without permission having been obtained.
HERITAGE PROPERTY: Any property, whether by a work of nature or of man, that is of interest
for its archaeological, historic, cultural, environmental, aesthetic or scientific value, and includes
a site where archaeological, historic, paleontological, cultural or scientific property is, or may
reasonably be expected to be found, or as otherwise defined in The Heritage Property Act and
regulations.
HERITAGE RESOURCE: the history, culture and historical resources of an area or community.
HOME-BASED BUSINESS: an accessory use carried on by occupant(s) as a business conducted
for gain in whole or in part in a dwelling unit or an accessory building to a dwelling unit.
HOME OCCUPATION: an accessory use carried on as an occupation conducted for gain in a
dwelling unit solely by the resident or residents.
HORTICULTURE: the culture or growing of garden plants. Horticulturists work in plant
propagation, crop production, plant breeding and genetic engineering, plant biochemistry, plant
physiology, and the storage, processing, and transportation of fruits, berries, nuts, vegetables,
flowers, trees, shrubs, and turf.
HOTEL/MOTEL: A building or buildings or part thereof on the same site used to accommodate the
traveling public for gain or profit, by supplying them with sleeping accommodation, with or without
meals.
INCIDENTAL SIGNS (SEE SIGNS)
INDUSTRIAL PARK: an industrial park is an area of land set aside for industrial development.
Industrial parks are usually located close to transportation facilities, especially where mo re than
one transport modality (inter-modal) coincides: highways, railroads, airports, and navigable
rivers.
INDUSTRIAL USE: the use of land, buildings or structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage of goods and materials.
INNOVATIVE DEVELOPMENT: developments that include alternative design features.
INSTITUTIONAL USE: a use of land, buildings or structures for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such uses as schools, places of
worship, indoor recreation facilities, community centres, and government buildings.
INTENSIVE AGRICULTURE: an intensified system of tillage and animal husbandry from the
concentrated raising of crops or the concentrated rearing or keeping, on a continuous basis, of
livestock, poultry or other products for market and without restricting the generality of the above
includes:
a) feed lots;
b) livestock operation (hogs, chickens, etc.);
c) sod farms;
d) market gardens;
e) greenhouses; and
RM of Excel No. 71 Zoning Bylaw No. 20-13
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f)
nurseries and other similar uses.
INTERNAL SUBDIVISION ROAD: a road that is integral to the traffic circulation of a particular
subdivision.
INTENSIVE LIVESTOCK OPERATION: the confining of any of the following animals, where the
space per animal unit is less than 370 m² (3,982.78 ft²):
a) poultry
b) hogs
c) sheep
d) goats
e) cattle
f)
horses
g) any other prescribed animals.
KENNEL, BOARDING: the temporary accommodation of dogs, cats or other domestic animals for
commercial purposes.
KENNEL, BREEDING: the keeping of more than four dogs, cats or other domestic animals, male
and female, and which are more than 12 months old, for breeding purposes.
KENNEL, ENCLOSURE: an accessory building or enclosure intended to house one or more
domestic animals.
LANDFILL: a specially engineered site for disposing of solid waste on land, constructed so that it
will reduce hazard to public health and safety.
LANDSCAPING: the provision of horticultural and other related compatible features or materials
designed to enhance the visual amenity of a site or to provide a visual screen consisting of any
combination of the following elements:
a) soft landscaping consisting of vegetation such as trees, shrubs, vines, hedges, fl owers,
grass and ground cover, and planters;
b) hard landscaping consisting of non-vegetative materials such as concrete, curbing, unit
pavers, brick pavers or quarry tile, but does not include gravel, shale, or asphalt.
LANDSCAPING ESTABLISHMENT: the yard of a landscaping contractor or company used as a
depot for the storage and maintenance of equipment used by the contractor or company, and
includes facilities for the administration or management of the business and the stockpiling or
storage of supplies used in the business.
LAND USE MAP: a comprehensive document compiled by a local government that identifies goals
and strategies for future development or preservation of land. In its projections, the map
specifies certain areas for residential growth and others for agriculture, industry, commercial and
conservation.
LAND USE ZONING DISTRICT: divisions identified in the Zoning Bylaw establishing Permitted and
Discretionary Uses of land or buildings with attendant regulations.
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LEGAL ACCESS: a lot or parcel shall be considered as having legal access for the purposes of
development when the lot or parcel is adjacent to a municipally maintained road, and meets the
frontage requirements of appropriate Zoning District hosting the development.
LIVESTOCK: domesticated animals used primarily as beasts of burden or for the production of
fur, hides, meat, milk, eggs or other product, or as breeding stock, but excluding companion
animals.
LOT: a parcel of land of a subdivision, the plan of which has been filed or registered in the Land
Titles Office.
MANUFACTURING ESTABLISHMENT: a firm or business engaged in the mechanical or chemical
transformation of materials or substances into new products including the assembling of
components parts, the manufacturing of products and the blending of materials.
MANUFACTURING AND/OR ASSEMBLY, LIGHT: the manufacturing, processing, packaging or
assembly of semi-finished or finished goods, products or equipment and includes the storage and
transportation of such goods, products or equipment.
MARGINAL LANDS (SEE CANADA LAND INVENTORY (C.L.I.) SOIL CLASS RATING SYSTEM)
MARKET GARDEN (SEE INTENSIVE AGRICULTURE)
MAUSOLEUM: a building or other structure used as a place for the interment of the dead in
sealed crypts or compartments.
MINIMUM DISTANCE SEPARATION: in respect to intensive livestock operations and heavy
industrial land uses, the minimum distance separation required in the Zoning Bylaw from non-
complementary uses.
MINISTER: the Minister as defined in The Planning and Development Act, 2007.
MOBILE HOME: A prefabricated trailer coach supported on a steel frame, typically surface
mounted, has water faucets and shower or other bathing facilities that may be connected to a
water distribution system; and has facilities for washing and a water closet or other similar facility
that may be connected to a sewage system, that may be used as a dwelling all year round.
Generally mobile homes have a Length/Width ratio greater than 2.
Double-Wide Mobile Home
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MOBILE HOME PARK: a site under single management for the placement of two or more mobile
homes and shall include all accessory buildings necessary to the operation.
MODULAR HOME: a building that is manufactured in a factory as a whole or modular unit
customarily assembled on-site to be used as one single dwelling unit and is certified by the
manufacturer that it complies with the Canadian Standards Association standards, and is placed
on a permanent foundation.
MUNICIPALITY: the Rural Municipality of Excel No. 71.
MUNICIPAL RESERVE: are dedicated lands:
a) that are provided to a Municipality pursuant to clause 189(a) of The Planning and
Development Act, 2007 for public use; or
b) that were dedicated as public reserve and transferred to a Municipality pursuant to
section 196, whether or not title to those lands has been issued in the name of the
Municipality;
MUNICIPAL ROAD: a public road which is subject to the direction, control and management of the
municipality, and includes an internal subdivision road.
MUSEUM: an institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection
of artifacts of historical interest.
NATURAL AREAS: an area relatively undisturbed by human activities and characterized by
indigenous species including remnant or self-sustaining areas with native vegetation, water, or
natural features.
NATURAL RESOURCES: the renewable resources of Saskatchewan and includes:
a) fish within the meaning of The Fisheries Act;
b) wildlife within the meaning of The Wildlife Act, 1998;
c) forest products within the meaning of The Forest Resources Management Act;
d) resource lands and provincial forest lands within the meaning of The Resource Lands
Regulations,1989;
e) ecological reserves within the meaning of The Ecological Reserves Act;
f)
other living components of ecosystems within resource lands, provincial forest lands and
other lands managed by the department.
NET METERING:
a billing arrangement that allows customers with grid-connected electricity
systems to receive credit for any excess electricity generated onsite and provided to t he utility grid.
Modular (Manufactured) Home
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NON-CONFORMING BUILDING: a building that:
a) is lawfully constructed or lawfully under construction, or with respect to which all required
permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning
Bylaw affecting the building or land on which the building is situated or will be situated
becomes effective;
b) on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does
not, or when constructed will not, comply with the Zoning Bylaw.
NON-CONFORMING SITE: a site consisting of one or more contiguous parcels that, on the date a
Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that
conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of
the Bylaw for that use.
NON-CONFORMING USE: a lawful specific use:
a) being made of land or a building or intended to be made of land or of a building lawfully
under construction, or with respect to which all required permits have been issued, at the
date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the land or building
becomes effective; and
b) that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective
does not, or in the case of a building under construction or with respect to which all
required permits have been issued will not, comply with the Zoning Bylaw.
NORMALLY ACCEPTED AGRICULTURAL PRACTICES: a practice that is conducted in a prudent
and proper manner that is consistent with accepted customs and standards followed by similar
agricultural operations under similar circumstances, in conformance with The Agricultural
Operations Act, 1995. This includes the use of innovative technology or advanced management
practices in appropriate circumstances conducted in conformity with any standards established
pursuant to the regulations and meets acceptable standards for establishment and expansion.
OFFICE OR OFFICE BUILDING: a building or part of a building used primarily for conducting the
affairs of a business, profession, service, industry, or government in which no goods or
commodities of business or trade are stored, trans-shipped, sold or processed.
OPEN SPACE: passive and structured leisure and recreation areas that enhance the aesthetic
quality and conserve the environment of the community. Urban and rural open space includes
parks, recreation and tourism nodes, and natural areas.
PARK MODEL TRAILER/UNIT: a unit designed to facilitate occasional relocation, with living
quarters for a temporary or seasonal use; has water faucets and shower or other bathing facilities
that may be connected to a water distribution system; and has facilities for washing and a water
closet or other similar facility that may be connected to a sewage system. It has a gross floor
area not exceeding 50 m2 (540 ft2). CSA Number Z241.
Park Model Trailer 102
Park Model Recreational Unit
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PARKING LOT: an open area, other than a street, used for the temporary parking of more than
four vehicles and available for public use and the use of employees working on, or from, the site.
PARKING SPACE: a space within a building, parking lot or area used for the parking of one (1)
vehicle, including convenient access to a public lane or road.
PASTURE: a site that is used for the raising and feeding of livestock by grazing.
PERMANENT FOUNDATION: the lower portion of a building; usually concrete, masonry, or an
engineered wood basement which renders the structure fixed and immobile.
PERMITTED USE: the use of land, buildings, or other structures that shall be permitted in a
Zoning District where all requirements of this Zoning Bylaw are met.
PERSONAL SERVICE TRADE: a business associated with the grooming of persons or the
maintenance or repair of personal wardrobe articles and accessories and may include:
-
beauty salons and barber shops
-
shoe repair
-
self-serve laundry
-
tailor or seamstress
-
massage services
-
tanning beds
but does not include the provision of health related services.
PLACES OF WORSHIP: 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.
PLANNED UNIT DEVELOPMENT: a comprehensive development which may be composed of a
mixture of residential, commercial, industrial; and mixed uses with recreational and open space
incorporated into the design.
PRIME LANDS (SEE CANADA LAND INVENTORY (C.L.I.) SOIL CLASS RATING SYSTEM)
PRINCIPAL BUILDING, STRUCTURE OR USE: the main or primary activity for which a site or its
buildings are designed, arranged, developed or intended, or for which it is occupied or
maintained.
PRIMARY ACCESS: the principal means of vehicular entry to or from a site or building, but shall
not include a lane.
PROVINCE: Province of Saskatchewan.
PUBLIC UTILITY: a system, work, plant, equipment, or service, whether owned or operated by the
Municipality, or by a corporation under federal or provincial statute, that furnishes any of the
following services and facilities to, or for the use of, the inhabitants of the Municipality:
RM of Excel No. 71 Zoning Bylaw No. 20-13
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a) communication by way of telephone lines, optical cable, microwave, and cable television
services;
b) delivery of water, natural gas, and electricity;
c) public transportation by bus, rail, or other vehicle;
d) collection and disposal of sewage, garbage, and other wastes;
e) fire and police services.
PUBLIC UTILITY, LINEAR: linear or private utilities including, but not limited to, roads,
communication lines, rail, power and natural gas lines and similar linear uses.
PUBLIC UTILITY, SERVICE: those non-linear utilities which may potentially conflict with other
land uses, including, but not limited to: airports, microwave or communication towers, w ind
towers, water reservoirs, sewage lagoons, landfills, gas compressor stations, large electrical
transformer stations and similar potentially conflicting service utilities.
PUBLIC WORKS: a facility as defined under The Planning and Development Act, 2007.
QUARTER SECTION: 64.8 ha (160 acres) or a lesser amount that remains due to the original
township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or
transmission line development, or other public utility; or natural fe atures such as water courses
or water bodies.
RACETRACK: a place designed and equipped for the racing of motorized vehicles or horses and
includes facilities for administration and management of the business.
RAILWAY FREIGHT YARDS: the use of land, or building or structure or part thereof for activities
directly associated with the operation of a railway. Without limiting the generality of the
foregoing, such activities may include loading and off-loading freight, and maintenance and repair
of railway cars.
READY-TO-MOVE (RTM) DWELLING: a new single detached conventional dwelling constructed
off-site to National Building Code standards to customarily be moved in one piece onto a new
conventional permanent building foundation.
REAL ESTATE SIGNAGE (SEE SIGNAGE)
REDESIGNATION: rezoning.
RECREATIONAL USE: a public or private facility or amenity, a joint-use site or a park or
playground that serves the surrounding neighbourhood or community.
RTM (Ready to Move) Home
RM of Excel No. 71 Zoning Bylaw No. 20-13
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RECREATION, INTEGRATED: public or private recreational facilities located in or adjacent to a
multi-parcel country residential subdivision for the purpose of providing recreational opportunities
and services to a local population.
RECREATIONAL, COMMERCIAL: a public or private facility or amenity, a joint-use site or a park
or playground the serves the surrounding neighbourhood with an intent to produce financial gain.
RECREATIONAL VEHICLE: a vehicle used for personal pleasure or travels by an individual or a
family which may or may not be towed behind a principle vehicle; notwithstanding the generality
of the above may include:
a) Motor homes
b) Camper Trailers
c) Boats
d) Snowmobiles
e) Motorcycles
RECYCLING AND COLLECTION DEPOT (COMMERCIAL): a building or series of buildings intended
to accommodate the collection, sorting, processing and temporary storage of recyclable materials
including: the collection and storage of oil, solvents or other hazardous materials, processing of
recyclable material other than compaction, and accommodates outdoor compaction or storage.
REEVE: the Reeve of the Rural Municipality of Excel No.71.
RENOVATION (SEE ALTERATION)
RESIDENTIAL: the use of land, buildings, or structures for human habitation.
RESIDENTIAL CARE HOME: a facility which:
a) provides meals, lodging, supervisory personal or nursing care to persons who reside
therein for a period of not less than thirty days; and
b) is duly licensed by the Province of Saskatchewan or certified as approved by the Province
of Saskatchewan under an Act which provides for such licensing or certification as the
case may be; and
c) may include only the principal residence of the operator or administrator.
RESIDUAL PARCEL: the acreage remaining in agriculture resulting and independent of the
subdivision of an agricultural holding for non-agricultural purposes.
Motor Home - Camping Trailer
RM of Excel No. 71 Zoning Bylaw No. 20-13
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RESTAURANT: a building or part of a building wherein food is prepared and offered for sale to
the public primarily for consumption within the building. However, limited facilities may be
permitted to provide for a take-out food function provided such facility is clearly secondary to the
primary restaurant use.
RIGHT-OF-WAY: the right-of-way is the land set aside for use as a roadway or utility corridor.
Rights-of-way are purchased prior to the construction of a new road or utility line, and usually
enough extra land is purchased for the purpose of providing mitigative features. Sometimes, road
rights-of-way are left vacant after the initial roadway facility is constructed to allow for future
expansion.
RIPARIAN: the areas adjacent to any streams, rivers, lakes or wetlands.
ROADS, FLANKING: a roadway constructed to the side of a lot, parcel or site.
RTM (SEE READY-TO-MOVE DWELLING)
SALVAGE YARD (WRECKING): a parcel of land where second-hand, discarded or scrap materials
are bought, sold, exchanged, stored, processed or handled. Materials inc lude scrap iron,
structural steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The
term also includes a site for collection, sorting, storing and processing of paper products, glass,
plastics, aluminum or tin cans prior to shipment for remanufacture into new materials.
SCALE OF DEVELOPMENT: the total acreage intended to accommodate a multi-parcel country
residential subdivision.
SCHOOL: a body of pupils that is organized as a unit for educational purposes under the
jurisdiction of a board of education or of the Saskatchewan Ministry of Education and 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 OR SCREENING DEVICE: the use of vegetation, berms, fences, walls and similar
structures to visually shield, block or obscure one development from another, or from the public.
SECONDARY SUITE: an additional dwelling unit located within a principal single detached
dwelling.
SERVICE STATION: a building or place used for, or intended to be developed primarily for
supplying vehicles with gasoline, diesel fuel, grease, tires or other similar items and for the
repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor
vehicles, including painting, body work and major repairs.
SETBACK: the distance required to obtain the front yard, rear yard or side yard provisions of this
Bylaw.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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SHOULD, SHALL OR MAY:
-
Shall is an operative word which means the action is obligatory.
-
Should is an operative word which means that in order to achieve plan objectives, it is
strongly advised that the action be taken.
-
May is an operative word meaning a choice is available, with no particular direction or
guidance intended.
SIGN: a display board, screen, structure or material having charac ters, letters or illustrations
applied thereto or displayed thereon, in any manner not inside a building and includes the posting
or painting of an advertisement or notice on a building or structure.
SIGN, FREE-STANDING: a sign, except a billboard, independently supported and visibly
separated from a building or other structure and permanently fixed to the ground.
SIGN, HEIGHT OF THE: the vertical distance measured from the highest point of the sign to grade
level at the centre of the sign.
SIGNAGE, OFF-PREMISE IDENTIFICATION: a sign that is located separate and apart from the
land on which the business or activity is located.
Location and measurement of
setbacks
RM of Excel No. 71 Zoning Bylaw No. 20-13
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SIGNAGE, REAL ESTATE: signage directly associated with the sale of property in which it is
located and which maintains a gross surface area of less than 1 m².
SIGNS, INCIDENTAL: are signs located on a development site which are intended for the direction
of control of traffic, pedestrians or parking and which do not contain any advertising.
SITE:
an area of land, consisting of one or more lots consolidated under a single Certificate of
Title, considered as a unit devoted to a certain use or occupied by a building or a permitted
group of buildings, and the customary accessories and open spaces belonging to the same.
SITE AREA: the total horizontal area within the site lines of a site.
SITE CORNER: a site at the intersection of two or more public streets, or upon two parts of the
same street, the adjacent sides of which street or streets (or, in the case of a curved corner, the
tangents at the street extremities of the side site lines) contain an angle of not more than one
hundred and thirty-five degrees (135°). In the case of a curved corner, the corner of the site shall
be that point on the street at the point of intersection of the said tangents.
SITE DEPTH: the horizontal distance between the front site and rear site lines, but where the
front and rear site lines are not parallel the site depth is the length of a line joining the midpoint
of such site lines.
SITE FRONTAGE: the boundary that divides the site from the street or road. In the case of a
corner site, the front site line shall mean the boundary separating the narrowest street frontage
of the site from the street. Site frontage for a non-rectangular site shall be defined as the mean
of the measured front and rear site lines. Site frontage does not mean front yard.
SITE LINE: any boundary of a site, front, rear or side.
SITE WIDTH: the horizontal distance between the side boundaries of the site measured at a
distance from the front lot line equal to the minimum front yard required for the district in which
the site is located.
SOLAR ENERGY SYSTEM:
a system capable of collecting and converting solar radiation into
electrical energy by the use of semiconductor devices, called photovoltaic cells, which generate
electricity when exposed to sunlight. The system includes the electrical generating and
accessory facilities including but is not limited to photovoltaic panels , mounting racks and
hardware, cable and wiring, collection and supply equipment, transformer and a substation.
SOLAR ENERGY SYSTEM, ROOF-MOUNT:
a solar energy system consisting of solar panels
installed directly on the roof of a building. Solar panels are mounted and secured using racking
systems specifically designed to minimize the impact on the roof and prevent any leaks or
structural damage.
SOLAR ENERGY SYSTEM, GROUND-MOUNT:
a solar energy system that is directly
installed on specialized solar racking systems, which are attached to an anchor in the ground.
SOLAR FARM: A ground-mounted solar energy system designed to provide for commercial
distribution of electricity to a utility or other entities with a rated capacity of more than 100 kW.
SPORT FIELD: an open space set aside for the playing of sports and may include benches or
bleachers for observers but where there is no charge made for spectators.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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STRUCTURE: anything that is erected, built or constructed of parts joined together and
supported by the soil or any other structure requiring a foundation to hold it erect, but not
including pavement, curbs, walks or open air surfaced areas.
STAKEHOLDERS: individuals, groups or organizations who have a specific interest or 'stake' in a
particular need, issue, situation or project and may include members of the local community
(residents, businesses, workers, representatives such as Councilors or politicians); community
groups (services, interest groups, cultural groups clubs, associations, churches, mosques,
temples); or local, state and federal governments.
STOCKYARD: an enclosed yard where livestock is kept temporarily.
STOREY: the space between the top of any floor and the top of the next floor above it; and if
there is no floor above it, the portion between the top of the floor and the ceiling above it.
STREET (ROAD): a site owned by the Provincial Crown which provides the principal legal public
vehicular access to abutting sites, but shall not include an easement or lane.
SUBDIVISION: a division of land, and includes a division of a quarter section into legal
subdivisions as described in the regulations made pursuant to The Land Surveys Act, 2000.
TAVERN: an establishment, or portion thereof, where the primary business is the sale of
beverage alcohol for consumption on the premises, with or without food, and where no live
entertainment or dance floor is permitted. A brew pub may be considered a tavern if beverage
alcohol is manufactured and consumed on site under a valid manufacturer's permit in accordance
with the Alcohol Control Regulations.
(TELE)COMMUNICATION FACILITY: a structure situated on a non-residential site that is intended
for transmitting or receiving television, radio, or telephone communications, excluding those used
exclusively for dispatch communications.
TEMPORARY SIGN: a sign which is not permanently installed or affixed in position, advertising a
product or activity on a limited basis.
TOWER:
any
structure
used
for
the
transmission
or
reception
of
radio,
television,
telecommunications, mechanical or electrical energy for industrial, commercial, private or public
uses, or for the storage of any substance of liquid.
TOWER HEIGHT: the height above-ground of the fixed portion of the tower, excluding any wind
turbine and rotors.
TRAFFIC CONTROL SIGNAGE: a sign, signal, marking or any device placed or erected by the
Municipality or Saskatchewan Ministry of Highways and Infrastructure.
TRAILER COACH: any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in such a manner as will permit the occupancy
thereof 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: any site on which two or more occupied trailer coaches are permitted to be
harboured, whether or not a charge is made or paid, and includes any building or structure used
RM of Excel No. 71 Zoning Bylaw No. 20-13
34
or intended for use as a part of the equipment of such trailer court, but shall not include an
industrial or construction camp, or a mobile home park.
TRUCKING FIRM ESTABLISHMENT: the use of land, buildings or structures for the purpose of
storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not
include automobile service stations or transportation sales or re ntal outlets.
USE: the purpose or activity for which any land, building, structure, or premises, or part thereof is
arranged, designed, or intended, or for which these may be occupied or maintained.
VACATION FARM: an operating farm which may, on a day basis or for overnight purposes, offer
a farm life experience to groups, families, or individuals and which may provide either or both of
the following:
a) rental accommodation in the farm dwelling or adjacent private cabins comprising one or
more rooms furnished in such a way to enable the preparation of meals if full board is not
provided;
b) a tract of land on which one or more camping, tenting or parking sites is located, and the
provision of electricity, potable water and toilet facilities to any of the persons, families,
groups occupying any of such sites.
VALUE-ADDED: the increase in value generated by a company or individual through the
additional processing or sale of raw materials along the production chain.
VERTICAL INTEGRATION: the accommodation of multiple complimentary activities which could
be considered principal permitted uses under single or multiple ownership within one or more
buildings on a single parcel where these uses are considered to provide additional processing
and/or the sale of manufactured goods produced on-site.
VETERINARY CLINICS (SEE CLINICS)
WAREHOUSE: a building used for the storage and distribution or wholesaling of goods and
materials.
WASTE DISPOSAL FACILITY, LIQUID: a facility to accommodate any waste which contains
animal, aggregate or vegetable matter in solution or suspension, but does not include a septic
system for a single residence or farmstead, or a manure storage area for an intensive livestock
operation.
WASTE DISPOSAL FACILITY, SOLID: a facility, not including a waste transfer station or a
temporary storage facility, to accommodate discarded materials, substances or objects which
originated from residential, commercial, institutional and industrial sources which are typically
disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste
or biomedical waste.
WHOLESALE: 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.
WATERBODY: any location where water flows or is present, whether or not the flow or the
presence of water is continuous, intermittent or occurs only during a flood, and includes but is
not limited to, wetlands and aquifers.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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WATERCOURSE: a river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch
or any other channel having a bed and sides or banks in which water flows either permanently or
intermittently.
WATERSHED: the land area from which surface run-off drains into a stream, channel, lake,
reservoir, or other body of water; also called a drainage basin.
WETLAND: land having the water table at, near, or above the land surface or which is saturated
for a long enough period to promote wetland or aquatic processes as indicated by hydric soils,
hydrophytes ("water loving") vegetation, and various kinds of biological activity which are
adapted to the wet environment.
WIND ENERGY SYSTEM (SMALL): any wind energy conversion system consisting of a wind
turbine, a tower and associated control or conversion electronics, which has a rated capacity of
not more than 300 kW, and is intended to provide electrical power for use on -site (either behind
the meter or off-grid) and is not intended or used to produce power for resale.
WIND FARM: a group of wind turbines in the same location used for the production of electric
power. Individual turbines are generally interconnected with voltage power collection and
transmission systems.
WINDMILL: A rotating machine which converts kinetic wind energy directly to mechanica l energy
for traditional agricultural purposes such as pumping water.
WIND TURBINE/WIND POWER UNIT: A rotating machine which converts kinetic wind energy into
mechanical energy and then electrical energy primarily for private use.
YARD: the open, unoccupied space on a lot between the property line and the nearest wall of a
building and any part of a site unoccupied and unobstructed by a principal building or structure,
unless authorized in this Bylaw.
YARD, FRONT: 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: 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: the minimum yard required by a provision of this Bylaw.
YARD, SIDE: 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.
RM of Excel No. 71 Zoning Bylaw No. 20-13
36
METRIC CONVERSION TABLES
Distance (metres - feet)
0.6 metres
2 ft
15.3 metres
50 ft
1.5 metres
5 ft
17.0 metres
55 ft
1.8 metres
6 ft
2.0 metres
7 ft
19.8 metres
65 ft
2.5 metres
8 ft
30 metres
98 ft
3.0 metres
10 ft
46 metres
150 ft
4.2 metres
14 ft
50 metres
164 ft
4.5 metres
15 ft
75 metres
246 ft
5.0 metres
16 ft
80 metres
262 ft
5.5 metres
18 ft
90 metres
295 ft
6.0 metres
20 ft
100 metres
328 ft
6.5 metres
21 ft
150 metres
492 ft
7.6 metres
25 ft
200 metres
656 ft
10 metres
33 ft
230 metres
755 ft
11 metres
36 ft
305 metres
1000 ft
12 metres
39 ft
467 metres
1532 ft
15 metres
49 ft
RM of Excel No. 71 Zoning Bylaw No. 20-13
37
Distance (kilometres -
miles)
Area
.5 km
.31 miles
1.0 m2
10.76ft2
.6 km
.37 miles
5.0 m2
53.8 ft2
.8 km
.5 miles
9.3 m2
100 ft2
1 km
.62 miles
67 m2
721 ft2
1.6 km
1 mile
100 m2
1076 ft2
2.4 km
1.5 mile
231 m2
2500 ft2
3.2 km
2 miles
0.8 hectare
2 acres
1 hectare
2.47 acre
2 hectares
5 acres
8 hectares
20 acres
64.8
hectares
160 acres
RM of Excel No. 71 Zoning Bylaw No. 20-13
38
RM of Excel No. 71 Zoning Bylaw No. 20-13
39
3 ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
The Administrator of the Rural Municipality of Excel No.71 shall be the Development Officer
responsible for the administration of this Bylaw and in their absence by such other
designate of the Municipality as the Council designates from time to time.
The Development Officer shall:
a) receive, record and review Development Permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, Development Permit conditions, and development and servicing agreements;
b) maintain, for inspection by the public during office hours, a copy of this Bylaw, Zoning
maps and amendments, and ensure that copies are available to the public at a reasonable
cost;
c) make available, for public inspection during office hours, a register of all Development
Permits and subdivision applications and decisions;
d) collect development fees according to the fee schedule established by a separate Bylaw;
and
e) perform other duties as determined by Council.
The Development Officer shall be empowered to make a decision, in consultation with
Council, regarding a Development Permit application for a "Permitted Use."
3.2
COUNCIL
Council shall make all decisions regarding discretionary uses, development and servicing
agreements, and Zoning Bylaw amendments.
Council shall make a recommendation regarding all subdivision applications circulated to it
by Saskatchewan Ministry of Government Relations prior to a decision being made by the
Minister.
Council shall act on discretionary use, rezoning and subdivision applications in accordance
with the procedures established by The Planning and Development Act, 2007 and in
accordance with the Official Community Plan.
RM of Excel No. 71 Zoning Bylaw No. 20-13
40
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principal or accessory use development, including a public utility
use, every developer shall:
a) complete and submit a Development Permit application, and (refer to Development Permit
application form in Appendix A); and
b) receive a Development Permit for the proposed development.
A Development Permit shall not be issued for any use in contravention of any of the
provisions of this Bylaw and the Official Community Plan.
Except where a particular development is specifically exempted by Section 3.5 of this
Bylaw, no development or use shall commence without a Development Permit first being
obtained.
3.4
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING
PERMITS AND BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Developm ent Permit has been
issued, or is issued concurrently. Nothing in this Bylaw shall exempt any person from complying
with a Building Bylaw, or any other Bylaw in force within the Municipality, or from obtaining any
permission required by this or any other Bylaw of the Municipality, the province or the federal
government.
3.5
DEVELOPMENT NOT REQUIRING A PERMIT
The following developments shall be exempt from Development Permit requirements, but
shall conform to all other Bylaw requirements (e.g., building permits, setbacks,
environmental and development standards).
The landowner of a development that does not require a Development Permit shall be
required to submit a site plan showing the location of proposed building or structure in
relation to the boundaries of the property and shall provide measurements to ensure that
all required setbacks are met.
Agricultural Zoning districts
a) accessory farm buildings or structures under 100 m² (1000 ft²) where applied to a principal
agricultural use within an appropriate zoning district established by this Bylaw;
b) accessory non-farm buildings or structures under 9.3m² (100 ft²) where applied to a
principal permitted use within an appropriate Zoning District established by this Bylaw;
RM of Excel No. 71 Zoning Bylaw No. 20-13
41
c) the temporary placement of a trailer during the construction or alteration of a primary
structure for a term not to exceed that provided by an active approved building permit
issued for the project.
Hamlet and Country Residential Zoning Districts
a) buildings and structures under 9.3 m² (100 ft²), which are accessory to a principal,
residential use except where such dwelling is a discretionary use ;
b) the erection of any fence, wall, gate, television antennae, or radio antennae; and
c) relocation of any residential or accessory building provided development standards are
still met on the site.
Commercial/Industrial Zoning Districts
a) buildings and structures under 9.3 m²(100 ft²) that are accessory to a permitted, principal,
commercial use, except where such use is discretionary;
b) the erection of any fence or gate; and
c) a temporary building, the sole purpose of which is incidental to the erection or alteration
of a building for which a building permit has been granted.
Accessory Uses: All accessory uses, unless otherwise specified in this Bylaw.
Official Uses: Uses and buildings undertaken, erected, or operated by the Rural
Municipality of Excel No.71
Internal Alterations
a) Residential Buildings: Internal alterations to a residential building, provided that such
alterations do not result in a change of use or an increase in the number of dwelling units
within the building or on the site;
b) All other Buildings: Internal alterations and maintenance to other buildings, including
mechanical or electrical work, provided that the use, or intensity of use of the building,
does not change.
Landscaping: Landscaped areas, driveways and parking lots, provided the natural or
designed drainage pattern of the site and adjacent sites are not adversely impacted.
.10
Notwithstanding anything contained in this Bylaw, federally regulated and licensed
communication towers shall be exempt from all Development Permit and bylaw regulations.
3.6
CONCEPT PLANS (COMPREHENSIVE DEVELOPMENT REVIEW)
A Concept Plan (Comprehensive Development Review) shall be completed prior to
consideration of an application by Council by any person proposing to rezone, subdivide, or
re-subdivide land for multi-parcel country residential, commercial or industrial purposes.
RM of Excel No. 71 Zoning Bylaw No. 20-13
42
The purpose of this review is to identify and address social, environmental, health and
economic issues and to encourage high quality development. The scope and required
detail of the Concept Plan will be based on the scale and location of the proposed
development, and address the following:
a) proposed land use(s) for various parts of the area;
b) the effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c) the location of, and access to, major transportation routes and utility corridors;
d) the provision of services respecting the planning for future infrastructure ;
e) sustainable development and environmental management practices regarding surface and
groundwater resources, flooding and protection of significant natural areas; and
f)
appropriate information specific to the particular land use (residential, commercial or
industrial).
The Concept Plan (Comprehensive Development Review) must be prepared in accordance
with the overall goals and objectives of the Official Community Plan. Council shall not
consider any development application until all required information has been received.
The responsibility for undertaking all administrative reviews, technical investigations and
hosting public meetings as required shall be borne solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
Where an application for a Development Permit is made for a permitted or accessory use in
conformity with this Bylaw, The Planning and Development Act, 2007 and all other
municipal Bylaws, the Council shall hereby direct the Development Officer to issue a
Development Permit.
As soon as an application has been made for a Development Permit and prior to making a
decision, the Development Officer may refer the application to whichever government
agencies or interested groups Council may consider appropriate. The Development Officer
may also require the application to be reviewed by planning, engineering, legal, or other
professionals, with the cost of this review to be borne by the applicant.
A copy of all approved Development Permit applications involving the installation of water
and sanitary services shall be sent to the local District Health Region.
Upon approval of a permitted or accessory use, the Development Officer shall issue a
Development Permit for the use at the location and under such terms and development
standards specified by the Official Community Plan and this Bylaw.
The applicant shall be notified in writing of the decision of their application. The applicant
shall be advised of their right to appeal a decision to the Development Appeals Board on a
permitted or accessory use application and any terms and conditions attached to an
application.
RM of Excel No. 71 Zoning Bylaw No. 20-13
43
A Development Officer may incorporate specific development standards in a Development
Permit for a permitted use to ensure development and application conformity with the
Zoning Bylaw. The development standards shall be based on the provisions in the General
Regulations section and other defined requirements of the Zoning Bylaw or Official
Community Plan.
A Building Permit, where required, shall not be issued unless a Development Permit has
been issued, or is issued concurrently.
A Development Permit is valid for a period of twelve (12) months unless otherwise
stipulated when the permit is issued.
Where the Development Officer determines that a development is being carried out in
contravention of any condition of the Official Community Plan or any provision of this Bylaw
the Development Officer shall suspend or revoke the Development Permit and notify the
permit holder that the permit is no longer in force.
Where the Municipality is satisfied that a development, the permit for which has been
suspended or revoked, will be carried out in conformity with the conditions of the permit
and the requirements of this Bylaw the Municipality may reinstate the Development Permit
and notify the permit holder that the permit is valid and in force.
3.8
DISCRETIONARY USE APPLICATION PROCEDURE
The following procedures shall apply to discretionary use applications:
a) Applicants must file with the Development Officer the prescribed application form, a site
plan, any other plans and supplementary information as required by the Development
Officer and pay the required application and public hearing fees.
b) The Development Officer shall examine the application for conformance with the Official
Community Plan, this Bylaw, and any other applicable policies and regulations and shall
advise the Council as soon as practical.
c) Council may refer the application to whichever government agencies or interested groups,
as Council may consider appropriate. Council also may require the application to be
reviewed by planning, engineering, legal, or other professionals, with the cost of this
review to be borne by the applicant.
d) The Development Officer shall direct the applicant for a discretionary use, or carry out on
behalf of the applicant, the advertisement of the proposed use by posting a notice in the
municipal office and by mailing a copy of the notice to the assessed owner of each
abutting property and each assessed owner of property within a 1.6 kilometre (1 mile)
radius of the proposed development (75.0 metres if the development is proposed within or
adjacent to a Hamlet). The notice shall provide notification of an upcoming public hearing
date and an opportunity to provide written comment on the proposal.
e) The Development Officer will prepare a report concerning the application which may
contain recommendations, including recommendations that conditions of approval be
applied in accordance with Section 54 of The Planning and Development Act, 2007.
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f)
The Development Officer will set a date for the public hearing at which time the
application will be considered by Council and, if deemed necessary, provide notice to
assessed owners of property indicating so within the information packages provided as
part of the notification process.
g) Council shall consider the application together with the reports of the Development Officer
and any written or verbal submissions received by Council.
h) Council may reject the application or approve the application with or without conditions,
including a condition limiting the length of time that the use may be conducted on the site.
i)
The applicant shall be notified of Council's decision by regular mail addressed to the
applicant at the address shown on the application form.
Discretionary uses, discretionary forms of development, and associated accessory uses
shall conform to the development standards and applicable provisions of the Zoning District
in which they are located.
The following criteria must be considered in the review of discretionary use applic ations:
a) The proposal must be in conformance with all relevant sections of the Official Community
Plan and Zoning Bylaw;
b) There must be a demand for the proposed use in the general area, and a supply of land
currently available in the area capable of accommodating the proposed use;
c) The proposal must be capable of being economically serviced including roadways, water
and sewer services, and other supportive utilities and community facilities; and
d) 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.
In approving a discretionary use application, Council may prescribe specific development
standards with respect to that use or form of development, provided those standards are
necessary to secure the following objectives:
a) The proposal, including the nature of the proposed site, the size, shape and arrangement
of buildings, and the placement and arrangement of lighting and signs, must be generally
compatible with the height, scale, setbacks and design of buildings in the surrounding
area, and with land uses in the general area, including safeguards to prevent noise, glare,
dust, or odour from affecting nearby properties.
b) The proposal must provide adequate access and circulation for the vehicle traffic
generated, as well as providing an adequate supply of on-site parking and loading spaces;
and
c) The proposal must provide sufficient landscaping and screening, and, wherever possible,
shall preserve existing vegetation.
Council may approve a discretionary use application for a limited time period where it is
considered important to monitor and re-evaluate the proposal and its conformance with the
provisions of this Bylaw.
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Upon approval of a discretionary use by resolution of Council, the Development Officer
shall issue a Development Permit for the discretionary use at the location and under such
terms and development standards specified by Council in its resolution.
Council's approval of a discretionary use application is valid for a period of twelve (12)
months from the date of the approval. If the proposed use or proposed form of development
has not commenced within that time, the approval shall no longer be valid. The
Development Officer shall advise the applicant and Council when a prior approval is no
longer valid.
The applicant shall be notified in writing of the decision of their application. The applicant
shall be advised of their right to appeal any terms and conditions attached to a
discretionary use application to the Development Appeals Board.
3.9
INTERPRETATION
Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
All Bylaw requirements shall be based on the stated metric units. The imperial units shown
in this Bylaw shall be approximate guidelines only.
3.10
REFUSAL OF DEVELOPMENT PERMIT APPLICATION
An application for a Development Permit shall be refused if it does not comply with all
Zoning Bylaw requirements. The reasons for a Development Permit refusal shall be stated
on the refused Development Permit application.
Where an application for a Development Permits has been refused, the Council (in the case
of a proposed discretionary use) or the Development Officer (in all other cases) may refuse
to accept another application for the same or a similar development on the same site, until
six (6) months from the date of the approving authority's decision. The Development Officer
shall not accept another application for the same development until six (6) months have
passed from the date of a refusal by either the local Development Appeals Board or the
Saskatchewan Municipal Board.
The applicant shall be notified of the Right to Appeal a decision to the local Development
Appeals Board in accordance with the requirements of The Planning and Development Act,
2007.
3.11
DEVELOPMENT APPEALS BOARD
Right to Appeal
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Section 219 of The Planning and Development Act 2007 provides the right to appeal the
Zoning Bylaw where a Development Officer:
a) is alleged to have misapplied the Zoning Bylaw in issuing a Development Permit;
b) refuses to issue a Development Permit because it would contravene the Zoning Bylaw; or
c) issues an order, based on inspection, to the owner, operator or occupant of land, buildings
or premises considered to contravene the Zoning Bylaw.
Appellants also may appeal where they are of the opinion that development standards
prescribed by the Municipality with respect to a discretionary use exceed those necessary
to secure the objectives of the Zoning Bylaw and the Official Community Plan. This right of
appeal extends thirty (30) days after the issuance or refusal of a Development Permit or
order.
3.12
DEVELOPMENT PERMIT APPLICATION FEES
An applicant seeking the approval of a Development Permit application shall pay an
application fee in accordance with the fee schedule set in a the Development Fee Bylaw.
(Separate fees may be charged for each type of permit (permitted use, discretionary use,
accessory use, etc.).
There shall be no Development Permit application fee for accessory buildings to an
agricultural or country residential use, sign permits, licenses for home occupations or other
forms of business licenses, except where stated in the Development Fee Bylaw.
3.13
DISCRETIONARY USE APPLICATION FEES
An applicant seeking a discretionary use approval shall pay the fee in accordance with the
fee schedule set in the Development Fee Bylaw.
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to
the Municipality a fee equal to the costs associated with the public advertisement.
3.14
FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The
Planning and Development Act, 2007. Council also may require the applicant to pay all costs
incurred in administrative or professional review of the application and in carrying out a public
hearing.
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3.15
HOLDING ZONE PROVISIONS
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the
holding symbol "H", any lands so designated on the map shall be subject to a holding
provision in accordance with Section 71 of The Planning and Development Act, 2007.
The purpose of the holding provisions shall be to enable Council to manage development and
subdivision proposals in phases.
a) The application and management of the holding provision shall be at Council's discretion;
b) Council may rezone and manage development and subdivision in phases by designating
portions of land with a holding symbol (e.g. "H"), in conjunctio n with any zone design (e.g.
CR-H).
c) The holding provision and symbol shall mean that:
i.
Development shall be restrictively managed under the holding provision;
ii.
Existing uses may continue, subject to the Official Community Plan and Zoning Bylaw
development and subdivision standards.
d) The holding designation may only be removed by amendment to the Zoning Bylaw. All
bylaws removing the holding designation shall conform to the Official Community Plan and
the provisions of The Planning and Development Act, 2007.
3.16
PLANNED UNIT DEVELOPMENT
Specific zone regulations shall not apply to Planned Unit Development Contract Zoning.
Uses permitted within a PUD include: residential, commercial, light industrial recreation
and open space. However, the project shall produce an environment of stable and desirable
character and shall incorporate at least equivalent standards of building separation,
parking, height and other requirements and provisions of this Bylaw.
Planned Unit Development Contract Zoning shall be regulated through a Contract Zoning
agreement which is registered as an Interest (caveated) on the title at Land Registry of
Information Services Corporation (ISC).
3.17
REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation
of water and sanitary services, should such information be requested by provin cial officials
under the Public Health Act.
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The Development Officer, in conjunction with the District Health Authority shall determine
the suitability of a parcel proposed for subdivision to accommodate a private sewage
treatment system during the subdivision review process. The review process indicates the
level of assessment required and upon this determination provides the submittal
requirements as well as identifies the qualifications required for the site assessor.
All submissions required are the responsibility of the developer. The final review of a
subdivision will not be completed prior to the receipt and evaluation of all required
information by the Development Officer, the District Health Authority and any other relevant
agencies deemed necessary by the Municipality.
3.18
MINOR VARIANCES
The Development Officer upon consultation with the applicable Division Councillor, may
vary the requirements of this Bylaw subject to the following requirements:
a) a minor variance may be granted for the following only:
i. minimum required distance of a building from a lot line; and
ii. the minimum required distance of a building from any other building on the lot;
b) The maximum amount of a minor variance shall be 10% variation from the requirements of
this Bylaw.
c) The development must conform to all other requirements of this Bylaw;
d) The relaxation of the Bylaw requirement must not injuriously affec t a neighbouring
property; and
e) No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act 2007.
An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee as set in the fee schedule set in
the Planning and Development Fee Bylaw.
Upon receipt of a minor variance application the Development Offic er may:
a) approve the minor variance;
b) approve the minor variance and impose terms and conditions on the approval; or
c) deny the minor variance.
Terms and conditions imposed by the Development Officer shall be consistent with the
general development standards in this Bylaw.
Where a minor variance is refused, the Development Officer shall notify the applicant in
writing, providing reasons for the refusal.
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Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
The written notice shall contain:
a) a summary of the application;
b) reasons for and an effective date of the decision;
c) notice that an adjoining assessed owner has twenty (20) days to lodge a written objection
with the Development Officer, which, if received, will result in the approval of the minor
variance being revoked; and
d) where there is an objection and the approval is revoked, the applicant shall be notified of
the right to appeal to the Development Appeals Board.
A decision to approve a minor variance, with or without terms and conditions, does not take
effect until twenty-three (23) days from the date the notice was provided.
If an assessed owner of a property having an adjoining property with the applicants land
objects to the minor variance in writing to the Development Officer within the prescribed
twenty (20) day time period, the approval is deemed to be revoked and the Development
Officer shall notify the applicant in writing:
a) of the revocation of the approval; and
b) of the applicant's right to appeal the revocation to the Development Appeals Board within
thirty (30) days of receiving the notice.
If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within thirty(30) days of the date
of that decision.
3.19
NON-CONFORMING BUILDINGS, USES AND SITES
Any use of land or any building or structure lawfully existing at the time of passing this
Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of
Section 88 to 93 inclusive, of The Planning and Development Act, 2007.
No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
No existing use, building or structure shall be deemed to be nonconforming by reason only
of the conversion of this Bylaw from the Metric System of Measurement to the Imperial
System of Measurement where such non-conformity is resultant solely from such change
and is reasonably equivalent to the metric standard herein established.
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No existing non-conforming site shall be deemed to be non-conforming by reason only of
its dimensions or area failing to at least equal the standards prescribed for proposed sites
in the Zoning District in which the site is located.
3.20
DEVELOPMENT PERMIT - INVALID
A Development Permit shall be automatically invalid and development shall cease, as the case
may be:
a) if the proposed development is not commenced within the period for which the Permit is
valid;
b) if the proposed development is legally suspended, or discontinued, for a period of six(6) or
more months, unless otherwise indicated by Council or the Development Officer;
when development is undertaken in contravention of this Bylaw, the Development Permit
and specified development standards; and/or
c) when a written appeal notice is received by the Development Appeals Board secretar y
regarding the Development Permit.
3.21
CANCELLATION
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a) where the Development Officer or Council is satisfied that a Development Permit was
issued based on false or mistaken information;
b) where new information is identified pertaining to environmental protection, flood potential,
or slope instability; and/or
c) when a developer requests a Development Permit modification.
3.22
STOP-WORK
The Development Officer may authorize action to stop any development which does not conform to
this Bylaw, a development or servicing agreement, a Development Permit or condition, or an
interest is registered (caveat) under this Bylaw.
3.23
OFFENCES AND PENALTIES
Any person who violates this Bylaw may be charged and liable on summary conviction to the
penalties in The Planning and Development Act, 2007.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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3.24
INSPECTION OF PREMISES
The Development Officer, or any official or employee of the Municipality acting under their
direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in
or about which there is reason to believe that provisions of this Bylaw are not being complied with,
and for the purpose of carrying out their duties under this Bylaw in accordance with Section 242 of
The Planning and Development Act, 2007.
3.25
BYLAW COMPLIANCE
Errors and/or omissions by any person administering or required to comply with the provisions of
this Bylaw do not relieve any person from liability for failure to comply with the provisions of this
Bylaw.
3.26
MOVING OF BUILDINGS
No building shall be moved within or into or out of the area covered by this Bylaw without obtaining
a Development Permit from the Development Officer, unless such buil ding is exempt under Section
3.5 of this Bylaw. An applicant shall pay the fee in accordance with the Planning and Development
Fee Bylaw.
3.27
DEMOLITION OF BUILDINGS
No building shall be demolished without first obtaining a Demolition Permit from the Development
Officer. Such Permit shall not be issued unless a proposal for the interim or long-term use or
redevelopment of the site is also submitted, and the proposed use is in conformity with this Bylaw.
A separate Development Permit is required for any redevelopment of the site.
3.28
TEMPORARY DEVELOPMENT PERMITS
The Development Officer may issue a temporary Development Permit, with specified
conditions for a specified period of time, to accommodate developments incidental to
approved construction, temporary accommodation, or temporary gravel operations or
asphalt plants. Nothing in this Bylaw shall prevent the use of land, or the erection or use of
any building or structure for a non-residential construction or work camp, tool shed,
RM of Excel No. 71 Zoning Bylaw No. 20-13
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scaffold, or other building or structure incidental to and necessary for co nstruction work on
the premises, but only for so long as such use, building, or structure is necessary for such
construction work as has not been finished or abandoned.
Except in the Agricultural Resource District, buildings or structures shall not include a
mobile home or motor home as a temporary use.
3.29
REGISTERING AN INTEREST (CAVEATS)
Council may require that development and servicing agreements and other documents registered
as an interest on affected lands, to protect municipal and public interests.
3.30
DEVELOPMENT AGREEMENTS
Council may request a developer to enter into a development agreement to ensure development
conformity with the Official Community Plan, and this Bylaw, pursuant to Section 171 to 176
inclusive, of The Planning and Development Act, 2007.
3.31
SERVICING AGREEMENTS
Where a development proposal involves subdivision, Council may require a developer to
enter into a servicing agreement to ensure appropriate servicing pursuant to The Planning
and Development Act, 2007. Council may direct the Administration to vary the agreement
on a case-by-case basis, or not require it.
In accordance with Sections 172 to 176 inclusive, The Planning and Development Act,
2007, the agreement may provide for:
a) the undertaking and installation of storm sewers, sanitary sewers, drains, water mains and
laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area grading and leve lling of
land, street name plates, connecting and boundary streets, landscaping of parks and
boulevards, public recreation facilities, or other works that Council may require, including
both on-site and off-site servicing;
b) the payment of levies and charges, in whole or in part, for the capital cost of providing,
altering, expanding or upgrading sewage, water, drainage and other utility services, public
highway facilities or park and recreation space and facilities located within or outside the
proposed subdivision and that directly or indirectly serve the proposed subdivision.
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3.32
PERFORMANCE BONDS
The Municipality may require a developer to post and maintain a performance bond to ensure
developer performance and to protect the public interest.
3.33
LIABILITY INSURANCE
Council may require developers to provide and maintain liability insurance to protect the
Municipality, developer and public.
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4 GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
In their interpretation and application, the provisions of this Bylaw shall be held to be the
minimum requirements adopted for the promotion of the public health, safety and general
welfare.
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 Rural Municipality of Excel No.73, or
law within the Province of Saskatchewan or Canada; or from obtaining any license,
permission, permit, authority, or approval required by this or any other Bylaw of the Rural
Municipality of Excel No.71 or any law of the Province of Saskatchewan or Canada.
Where requirements in this Bylaw conflict with those of any other municipal, provincial, or
federal requirements, the more stringent regulations shall prevail.
4.2
PRINCIPAL USE ESTABLISHED
In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
Only one (1) principal building shall be permitted on any one site except for the following
uses may have more than one principal building to accommodate the use:
a) farmyards;
b) public utility uses;
c) a private institution,
d) a multi-unit residential use;
e) recreational uses;
f)
an agricultural use;
g) commercial or industrial uses;
h) uses allowed in a Contract Zoning agreement; or
i)
Planned Unit Development District.
Council may, at its discretion, issue a Development Permit for additional principal
developments, uses or businesses in Commercial and Industrial Zones.
Temporary uses may be permitted on a site where a principal development already exists,
at Council's discretion.
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Notwithstanding anything contained in this Bylaw, where any land, building, or structure is
used for more than one purpose, all provisions of this Bylaw relating to each use shall be
complied with, but no dwelling shall be located within 3.0 metres (about 10 feet) of any
other building on the site except to a building accessory to such dwelling.
4.3
ACCESSORY BUILDINGS, USES AND STRUCTURES
Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any Zoning District when accessory to an established principal use which is
permitted or discretionary use in that same district, and for which a Development Permit
has been issued.
No accessory building may be constructed, erected or moved on to any site prior to the
time of construction of the principal building to which it is accessory.
Where a building on a site is attached to a principal building by a solid roof or by structural
rafters, and where the solid roof or rafters extend at least one third of the length of t he
building wall that is common with the principal building, the building is deemed to be part of
the principal building.
Unless otherwise specified in this Bylaw, a residential use shall not be defined as an
accessory use. Accessory structures shall not be used as a dwelling unless approved as an
additional agricultural dwelling.
.5
Solar energy systems may be permitted as an accessory structure to an existing principal
use if the solar system is:
a) Subordinate to the principal use and located on the same site as the principal use;
b) Used solely to produce electricity for the principal use(s) on the same site, including net
metering;
c) Does not exceed a rated capacity of more than 100 kW;
d) Complies with all applicable electrical and building codes; and
e) Complies with zoning district setbacks as required for buildings.
4.4
USES PERMITTED IN ALL ZONING DISTRICTS
Nothing in this Bylaw shall prevent the use of any land as a public road, street or public
park.
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or
signal, or any sign or notice of any local or other government department or authority.
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or
structures, or the installation of other facilities essential to the operation of public works or
RM of Excel No. 71 Zoning Bylaw No. 20-13
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utilities, provided that such use, building or structure shall be in substantial compliance
with the relevant provisions of this Bylaw and shall not adversely affect the character or
amenity of the area in which the same is located.
4.5
RESTORATION TO A SAFE CONDITION
Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of
any building or structure, provided that such structural improvement or re storation shall not
increase the height, area or volume so as to contravene the provisions of this Bylaw.
4.6
GRADING AND LEVELING OF SITES
Every development shall be graded and levelled at the owner's expense to provide for
adequate surface drainage that does not adversely affect adjacent properties, or the
stability of the land.
All excavations or filling shall be re-vegetated immediately after other construction
activities conclude, with a suitable ground cover as may be necessary to prevent erosion.
a) all vegetation and debris in an area to be re-graded or filled must be removed from the
site prior to site grading and levelling; and
b) all topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced
on the re-graded area, or relocated to a site approved by the Municipality.
Where excavation or filling is proposed for any development in a Flood-hazard Overlay
District, the Municipality may request comments of the Saskatchewan Water Security
Agency prior to making a decision on the Development Permit application.
4.7
HEIGHT OF BUILDINGS
Where a maximum height of buildings is specified in any Zoning District, the maximum height shall
be measured from average grade level to the highest point on the building exclusive of any
chimney or antenna.
4.8
RESTRICTIONS ON CHANGES
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The purpose for which any land or building is used shall not be changed, no new building
or addition to any existing building shall be erected, and no land shall be severe d from any
site, if such change, erection or severance creates a situation that contravenes any of the
provisions of this Bylaw applicable to each individual remaining building, accessory
building, site or lot.
Notwithstanding the provisions of clause (.1) of this subsection, no person shall be deemed
to have contravened any provision of this Bylaw if only part or parts of any site or lot has,
or have, been conveyed to or acquired by the Municipality or the Province of Saskatchewan
for a public work.
4.9
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on properties that have
significant natural or human heritage resources, with the approval of the owner, and where the
signage is appropriate in scale, design, and placement with the site and surrounding area, and
does not cause safety concerns or negatively impact the heritage value of the site.
4.10
HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT
Where development is proposed in an area identified as containing critical wildlife habitat or
heritage sensitive areas (See the Environmentally Sensitive Lands (ES) Overlay District), the
Development Officer may require the applicant provide additional information as required by The
Wildlife Habitat Protection Act (WHPA) and The Heritage Property Act or any other relevant
provincial regulations.
4.11
FENCE AND HEDGE HEIGHTS
On corner lots, that portion of a lot contiguous to a public road allowance shall be
considered as a front yard area for the purpose of applying the regulations herein.
Screening devices shall not locate within a sight triangle as defined in this Bylaw. Screen
fences shall be consistent and complement the quality of building design and materials of
the primary building. Screening devices shall not exceed 2.4 metres (8 feet) in height.
4.12
LANDSCAPE BUFFERS
Landscape buffers are intended to improve land use compatibility and environmental
quality by recurring noise, lighting glare and other nuisances, or facilitating natural
drainage.
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The Development Officer may require or approve screening for uses which involve the
outdoor storage of goods, machinery, vehicles, building materials, waste materials or other
similar uses.
For any non-residential use, Council may establish landscaping requirements for any
permitted or discretionary use or Development Permit including berms, natural vegetation,
planted vegetation, landscaping, trees, shrubs, fences, private signs and similar amenities.
Council may require all sites along Highways and associated service roads, which are
developed for non-agricultural purposes, to be landscaped in the front yard. These
requirements are provided in the individual Zoning Districts.
Country Residential acreages shall be encouraged to establish a shelterbelt, or vegetative
landscape buffer around the residential use to reduce land use conflicts with adjacent
agricultural uses and activities and to recognize the need for a windbreak.
The Development Officer may require that site landscaping be provided in conjunction with
and addressed as part of any Development Permit approval in any Zoning District.
4.13
KEEPING OF DOMESTIC ANIMALS
The keeping of domestic animals is permitted in all Zoning Districts, subject to relevant Bylaws and
legislation governing noise and public health; however, breeding kennels and boarding kennels are
discretionary uses within select Zoning Districts.
4.14
BUILDING AND SITE MAINTENANCE
The outdoor storage or collection of goods and materials is prohibited in a front yard in any
Commercial, Industrial, or Country Residential District. Outdoor storage is permitted in a
side or rear yard in a Country Residential District only when the goods or material being
stored are clearly accessory and incidental to the principal use of the property.
The Development Officer may prescribe or approve screening for uses which involve the
outdoor storage of goods, machinery, vehicles, motors, building materials, waste materials
and other similar uses in a Commercial or Industrial District, or where other landscaping
and screening requirements would be appropriate as determined by the Development
Officer. The use of landscaping may be required adjacent to exterior storage areas within
industrial developments to provide a natural screening of activities that are visible from
public roads.
4.15
PROHIBITED AND NOXIOUS USES
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Any use is prohibited which, by its nature or the materials used therein, is declared by The
Public Health Act and Regulations to be a noxious trade, business, or manufacture.
Notwithstanding any use contained within a building, no land shall be used and no building
or structure shall be erected, altered or used for any purpose that is noxious and, without
limiting the generality of this subsection, for any purpose that creates or is likely to become
a nuisance or offence, or both:
a) by the creation of noise or vibration;
b) by the emission of light and glare;
c) by reason of the emission of gas, fumes, smoke, dust or objectionable odour;
d) by reason of the unsightly storage of goods, merchandise, salvage, refuse matter, motor
vehicles, trailers or parts of vehicles or trailers, machinery, or other such ma terial; or
e) by any combination of events in this subsection.
4.16
DISPOSAL OF WASTES
Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any
steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of
water, onto or beneath the surface of any land, or into the air.
No development or use of land which requires solid or liquid waste disposal facilities shall
be permitted unless those facilities are approved by Saskatchewan Health, Sask
Environment and the Saskatchewan Water Security Agency. Disposal of liquid, solid, or
gaseous waste shall be governed by Acts administered by the Ministries of Saskatchewan
Agriculture, Saskatchewan Environment, Saskatchewan Health and th e Saskatchewan
Water Security Agency.
4.17
SITE DEVELOPMENT REGULATIONS FOR DEVELOPMENT NEAR
WATER SOURCES
If the proposed development will be within 150.0 metres of any public well or private or
public dam which is licensed by the Saskatchewan Water Security Agency and identified in
the OCP, Council may also require additional information from the applicant to ensure that
the existing water supplies will not be jeopardized.
Council may require that before a permit may be issued, the applicant shall submit a report
prepared by a professional who is competent to assess the suitability of the site for a
development and that the development is suitable with respect to the required mitigation
measures to develop in areas of high water table, near public wells, waste disposal sites or
a private or public dam which is licensed by the Saskatchewan Water Security Agency, and
identified in the OCP.
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4.18
PUBLIC UTILITIES AND MUNICIPAL SERVICES
Public utilities except solid waste disposal, liquid waste disposal and clean fill sites, unless
otherwise specified by this Bylaw, shall be exempt from the provisions of every Zoning
District.
Protective, emergency, municipal services and other public works and facilitie s may be
established in all Zoning Districts.
4.19
CLOSINGS
In the event a dedicated road, street or lane shown on the Zoning District Map forming part of this
Bylaw is closed, the property formerly in such street or lane shall be included within the Zoning
District of the adjoining property on either side of such closed road, street or lane. If a closed
street or lane is the boundary between two or more different Zoning Districts, the new district
boundaries shall be the former centre line of the closed road or street.
4.20
ROADWAYS
Council may establish regulations or other policies, apart from the Zoning Bylaw, to
establish standards for road construction. Road standards may be established to provide
service to specific forms of development.
Council may require applicants and developers to pay for any or all costs associated with
road construction and short-term maintenance where the cost is directly associated with
the development or subdivision.
Development adjacent to a provincial highway shall meet all setback requirements of the
Saskatchewan Ministry of Highways and Infrastructure. Notwithstanding any regulations
passed by the Province of Saskatchewan which apply to highways, this Bylaw may
establish a higher standard than those required by the Province for developments adjacent
to highways and intersections.
The requirement of a service road or internal subdivision roadway to provide access may
be required as a condition of approval for any new development other than those deemed
approved.
When any development is approved on land adjacent to an unconstructed road allowance
and access is required from the said road allowance, the owner/applicant shall be
responsible for all costs related to the construction of the road to the standards set out by
the Development Officer.
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4.21
FRONTAGE AND ACCESS/APPROACHES
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 the
Council for the improvement or building of a road.
All site access from roads shall be to the satisfaction of Council with respect to location,
design, and construction standards. Council shall take into account the physical capability
and safety of the roads that are proposed to serve the development.
Notwithstanding the setback provisions contained in the Zoning District Schedules, Council
may reduce the 46.0 metre (150 feet) setback for buildings and structures on Municipal
Roadways where physical circumstances make it unrealistic to maintain the 46 .0 metre
setback.
All approaches to public roads require the approval of the Municipality. All approaches
shall be constructed in accordance with the engineering standards of the Municipality.
The Development Officer in consultation with Council shall decide upon all approach
applications and, based on location, drainage, traffic flow, sight lines, road standards, and
safety considerations, may approve or refuse an application for an approach.
Where an approach for a Commercial, Industrial or Country-Residential lot within a multi-
parcel subdivision accesses onto a paved road or highway, the approach shall be paved
from the edge of the road surface to 5.0 metres (16 feet) into the lot.
4.22
ROAD CROSSINGS
The Municipality may apply special standards as outlined in The Municipalities Act, to protect the
municipal interest when transportation, utility and pipeline facilities cross municipal roads or when
seismic activity is proposed on roads or road allowances.
4.23
HEAVY HAUL ROADS
The Municipality may use The Municipalities Act, to ensure that any trucking activity cover the cost
of road repair caused by their usage of a rural municipal road.
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4.24
RAILWAY CROSSINGS AND SIGHT DISTANCES
Notwithstanding anything contained in this Bylaw, where any public street or road crosses a
railway at the same grade, no building or structure shall be erected within 46 metres (about 150
feet) of the point of intersection of the centre line of both the railway and the road or street.
4.25
SIGHT TRIANGLE
In all Zoning Districts no building, structure, earth pile, vegetation, etc. shall obstruct the
vision of drivers within a sight line triangle.
The sight line triangle area shall be calculated by connecting straight lines, which are
measured from the intersection of centerlines of the various types of roads and railways, to
points established along these centerlines, as indicated in the following:
Figure 1: Sight Triangle Distances
Type of Road or Railway
Distance Along Centreline
Provincial Highways
230 metres
Municipal Grid Roads or Railway Lines
80 metres
4.26
DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
Any development involving pipeline and/or power line transmission rights -of-way shall be
sited to comply with all relevant Federal and Provincial legislation. Setbacks from
pipelines and other utility corridors shall be in accordance with appropriate Provincial
Regulations or Acts and any regulations or directives established by crown corporations.
Refer to "Land Use Planning for Pipelines publication by Canadian Standards Association
(CSA) PLUS663", which may be amended from time to time.
Setbacks from pipelines shall be 12.0 metres except for where provision has been made in
the previous bylaw or in consultation with the operator of the pipeline, a le sser separation
may be allowed.
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The National Energy Board has designated a review area of 30.0 metres on either side of a
pipeline in which, subject to exceptions for such things as normal agricultural activities,
anyone proposing to conduct a ground disturbance/excavation must:
a) ascertain whether a pipeline exists;
b) notify the pipeline company of the nature and schedule of the excavation; and
c) conduct the excavation in accordance with such regulations.
The following figures provide the setbacks required by the Canadian Standards
Association. Source: Land Use Planning for Pipelines publication by Canadian Standards
Association (CSA) PLUS663.
Figure 2: Land Use Areas
4.27
USES OR OBJECTS PROHIBITED OR RESTRICTED IN YARDS
No development or use of land which requires the disposal of solid waste, liquid waste,
gaseous waste or clean fill shall be permitted unless it has received all required federal
and provincial approvals.
The storage of chemicals, fertilizers and combustible materials are subject to the
requirements of both the federal and provincial governments. All necessary requirements
and permits must be met and obtained prior to issuance of a Development Permit.
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A Development Permit for residential, commercial, recreational or industrial buildings shall
not be permitted except in accordance with the recommended separation distances of the
"Regulations Respecting Anhydrous Ammonia-Saskatchewan Regulations 361/77" which
may be amended from time to time. Residences and buildings which are an integral part of
the fertilizer operation are not subject to the foregoing buffer requirement.
4.28
VEHICLE STORAGE
Notwithstanding anything contained in this Bylaw, no person shall use any site in any
Zoning District for the parking or storage of any vehicle that is not in running orde r, except
that not more than five (5) such vehicles may be stored on any site in an Agricultural,
Commercial or Industrial District, except in the case of permitted vehicle storage
establishments or auto wreckers.
Notwithstanding anything contained in this Bylaw, no person shall use any site in any
district for the parking or storage of any vehicle that is not in running order, except that not
more than two (2) such vehicles may be stored on any site in a Country Residential or
Hamlet District.
Where any outside storage of vehicles is proposed, the site shall be kept in a tidy and neat
manner. The Municipality may require that the outside storage of vehicles be screened
from roadways or neighbouring properties by landscape features or fences or a
combination thereof. The screening, where required, shall also include any individual parts
of a vehicle and any equipment or machinery involved with the storage of such vehicles.
4.29
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
No person shall park or store on any part of a site any unlicensed rail or sea container,
truck, bus or coach body for the purpose of advertising within any Zoning District.
Mobile Storage containers may be accommodated for warehousing or storage purposes
within the Commercial, Hamlet or Country Residential Districts under the following
conditions:
a) Shall require a Development Permit and must re-apply for a Development Permit every five (5) years
b) must be properly anchored;
c)
shall be located a minimum of 3.0 metres from the primary building and behind the rear wall of the primary
building;
d) containers determined by the Rural Municipality to be unsightly, misused, unsafe, or inappropriate in any
way, must be removed at the owner's expense within a time period specified by the RM;
e) must meet the National Building Code Standards as applicable.
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4.30
LIGHTING
All outdoor lighting for any development shall be located and arranged so that no direct
rays of light are directed at any adjoining properties; interfere with the use and enjoyment
of neighbouring lands; or interfere with the effectiveness of any traffic control devices or
the vision/safety of motorists.
Appropriate lighting of Commercial and Industrial development shall be undertaken to
provide security and to add visual interest. Lighting standards and fixtures shall be of
consistent design and complimentary to the overall architecture.
4.31
SIGNAGE
A Development Permit is required for the erection, display, alteration, relocation or
replacement of any temporary or permanent sign unless exempted as follows:
a) regular maintenance including painting and repairs due to deterioration;
b) municipal and provincial agency signage;
c) traffic control signage;
d) incidental signs containing traffic and pedestrian controls;
e) signage intended to regulate hunting or trespassing on private property;
f)
agriculturally related signage;
g) real estate signage;
h) residential name plates;and
i)
works of art containing no advertising.
The following general regulations shall pertain to temporary and permanent signage in all
Zoning Districts unless otherwise stated:
a) all signs situated along a provincial highway shall comply with provincial highway
regulations as amended from time to time;
b) a sign which is made from part of or is attached to, a fence is prohibited;
c) signs shall be constructed in a permanent manner, of materials suitable for the purpose
and life of the sign and shall be maintained and mounted in a condition that is safe, neat,
clean and not unsightly or dangerous;
d) signs which are deemed to be in disrepair shall be properly maintained or removed at the
discretion of the Municipality;
e) a Development Officer may require that a sign be enhanced with landscaping or
architectural features to improve aesthetics;
f)
offensive statements, words or pictures that do not conform to the amenities of the
neighbourhood shall be prohibited;
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g) signs or sign structures shall not be located where they may interfere with, distract from,
obstruct the view of or be confused with any authorized traffic sign, signal or device.
h) signs shall not be located in such a manner as to impede the view of any pedestrian or
vehicular right-of-way or railway crossing;
i)
no intermittent flashing signs, neon or LED lighting shall be permitted in any Zoning
District and all illuminated signs shall be designed to cast light downwards and located
appropriately to prevent the creation of a hazardous situation related to pe destrian and
vehicular traffic;
j)
signs identifying multi-parcel country residential developments may be permitted;
k) incidental signage shall not exceed 0.5 m 2 (5.4 ft2) of gross surface area and shall not
contain any advertising; and
l)
no permanent sign shall be placed on or over public property unless specifically permitted
within this Bylaw.
Highway Corridor Signage
a) Where a sign will be located adjacent to a Provincial highway, The Highways and
Transportation Act will govern placement requirements; and
b) Billboard and other off-site advertising signs are permitted in a highway sign corridor.
Temporary Signage maybe placed in public rights-of-way for the purpose of advertising
special events and will be limited to the following:
a) temporary, portable and real-estate signs are permitted as long as the temporary condition
exists for the property. They can be erected ten(10) days prior to the day of an event and
must be removed within 48 hours of the event`s end;
b) signage will maintain a separation distance of 10.0 metres from another temporary or
permanent sign, 3.0 metres from a site access point and 10.0 metres from an intersection;
c) election signage is permitted as temporary signage and is permitted only if it is erected no
earlier than 30 days prior to the date of the election, by -election, referendum or plebiscite
and removed 24 hours following the close of voting stations.
4.32
ZONING DISTRICT SIGN REGULATIONS
The specific Zoning District sign regulations shall apply in addition to, and take precedence over
the following general sign regulations:
Figure 3: Zoning District Sign Regulations
Agricultural Resource District
Free standing signs shall not exceed a gross surface area of
11m2 (118.4 ft2) and a height of 8 metres.
One attached sign shall be permitted not exceeding 5.6 m 2
(60.27ft2) in gross surface area.
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Where a building maintains direct exposure to more than one
public right-of- way, a second attached sign shall be
allowable following the previous regulations.
Recreational Uses
Free standing signs shall not exceed a gross surface area of
5 m2 (53.82 ft2) and a height of 2.5 metres.
One attached sign shall be permitted not exceeding 5.6 m 2
(60.27 ft2) in gross surface area.
Ag-Commercial and Home Based Businesses
One sign per building frontage with a maximum gross surface
area of 1 m2 (10.76 ft2) for an approved use with a maximum
of 2.5 metres in height. Illumination shall be limited to 75
watts and shall not include electronic message boards.
High Profile Commercial District
Free standing signs shall not exceed a gross surface area of
11m2 and a height of 17.0 metres
One attached sign shall be permitted not exceeding 5.6 m 2 in
gross surface area.
Illumination shall be limited to 75 watts and may/may not
include electronic message boards.
Where a building maintains direct exposure to more than one
public right-of-way, a second attached sign shall be allowed.
4.33
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of
materials, goods, or merchandise, adequate space for such vehicles to stand for loading and
unloading without restricting access to all parts of the site shall be provided on the site.
4.34
PARKING
All required parking and loading facilities are intended for the purpose of accommodating
the vehicles of clients, customers, employees, members, residents or visitors in connection
with the principal building or use for which the parking and loading faci lities are provided.
Parking and loading facilities shall not be used for driveways, access or egress,
commercial repair work, display, sale or storage of goods of any kind.
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Required parking and loading facilities shall provide for and include an adequate, safe and
convenient arrangement of vehicular points of ingress or egress, driveways, internal
roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to
buildings and entry points to buildings on the site.
The parking facility shall be located on the same site as the use for which it is intended. It
shall be developed such that:
a) it is reasonably accessible to the use and vehicles it is intended to serve;
b) it meets the satisfaction of the Municipality regarding design;
c) it is appropriately landscaped to the satisfaction of the Municipality;
d) All parking facilities shall be maintained to the satisfaction of the Municipali ty by the
owner of the property;
e) each parking space within a parking facility shall be a minimum of 2.5 metres wide
and 6.0 metres long except that parallel parking spaces shall be a minimum of 6.5
metres long;
f)
where two or more uses are permitted on any one site or where two or more uses are
to share common parking facilities, the off-street parking requirements for each use
shall be calculated as if each is a separate use and the total number of off -street
parking spaces so calculated shall be provided; and
g) one (1) barrier free parking space shall be provided for any required parking facility
accommodating between 4 and 100 parking spaces.
Any parking facility shall be developed to the satisfaction of the Munici pality within one (1)
year of the completion of the development for which the Development Permit was issued.
When a building is enlarged or altered in such a manner as to cause an intensification or
change of use, provisions shall be made for additional parking spaces as required by the
previous subsection.
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5 DISCRETIONARY USE STANDARDS FOR
DEVELOPMENT
This Section addresses special provisions and specific development standards that apply to the
following developments. These criteria, provisions and development standards apply in addition to
any standards of the relevant Zoning District.
5.1
HOME BASED BUSINESSES AND OCCUPATIONS
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Home Based Business or Occupation:
-
The use shall be clearly incidental and secondary to the use of the dwelling unit as a private
residence.
-
The use shall be conducted entirely within the dwelling unit or an accessory building to the
dwelling unit.
-
There shall be no external advertising other than a sign of not more than 1.0 m 2 (10.75 ft2)
erected in accordance with the Sign Regulations contained herein.
-
In Hamlets and Country Residential Districts, there shall be no external storage of goods,
materials or equipment associated with the applied use.
-
The use shall not create or become a public nuisance.
-
The use shall not generate substantially more traffic and parking than is nor mal for the district
in which the use is located.
-
No use requiring electrical or mechanical equipment shall cause a substantial fire rating
change in the structure or the district in which the home based business is located.
-
The use shall be valid only for the period of time the property is occupied by the applicant for
such use.
-
All permits issued for home based businesses or occupations shall be subject to the condition
that the Development Permit may be revoked at any time, if, in the opinion of Council, the
operation has not met the regulations and standards applicable to home based businesses or
occupations contained in the Bylaw, or the special standards applied by Council at the time of
approval.
-
Council shall place any additional conditions for appro val deemed necessary based upon a
specific application.
5.2
AGRICULTURAL TOURISM USES
Agricultural tourism uses shall be accessory to an agricultural farm operation or other dwelling
allowed in the Agricultural Resource Zone.
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-
Agricultural tourism uses shall display a high visual quality and shall be integrated into the
rural environment by virtue of appropriate design, location and landscaping. Agricultural
tourism uses may only be approved where they would not:
-
unduly interfere with the amenities or change the character of the neighborhood;
-
materially interfere with or affect the use and enjoyment of adjacent properties;
-
adversely impact upon the environment; or
-
result in excessive demand on municipal services, utilities or public roadway access;
-
Agricultural tourism uses shall comply with all provincial environmental and health regulations .
5.3
HARVEST PRESERVES (HUNT FARMS)
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a harvest preserve
-
Shall be ancillary to an agricultural farm operation or rural residence.
-
Shall be located a minimum of 1.6 kilometers from any other residential site.
-
Shall comply with all Federal and Provincial legislation and regulation.
-
Shall comply with the Agricultural Tourism Development requirements in Section 5.2.
-
Council may apply special standards as a condition of discretionary approval limiting the size
of operation, buildings used for the operation, and any other measures deemed necessary .
-
No wild boars will be permitted.
5.4
PERSONAL CARE HOMES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Personal Care Home:
-
The use shall be clearly incidental and secondary to the use of the dwelling unit as a private
residence.
-
Required parking spaces may be located in a required front yard.
-
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
-
The use shall be conducted entirely within the dwelling unit and shall not have any exterior
evidence of a secondary use.
-
There shall be no outside storage or exterior display of goods, materials or equipment
associated with the applied use.
-
A home must be licensed as a personal care home in accordance with The Personal Care
Homes Act if it provides accommodation, meals and assistance or supervision with activities of
daily living to an adult aged 18 and older who is not a relative.
-
The use shall not generate substantially more traffic and parking than is normal for the district
in which the use is located.
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5.5
BED & BREAKFAST HOMES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Bed & Breakfast:
-
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence developed as a farmstead site or country residence.
-
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
-
Only one sign, not exceeding 1.0 m² (10.76 ft²), advertising the vacation farm or bed and
breakfast home and located on site, is permitted.
-
The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities
shall meet public health regulations and be kept in a manner satisfactory to the local District
Health Authority.
-
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other than
the occupant and his/her immediate family members may be involved or employed in the
operation of the bed and breakfast home.
-
The operation must be approved by the "Bed and Breakfast Association".
5.6
SALVAGE YARDS (AUTO WRECKERS)
In addition to the general requirements regarding discretionary use ap plications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Salvage Yard/Auto wrecker or similar operation:
-
This includes salvage yards, auto wreckers, auto repair shop, body shops and si milar uses, all
savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses.
-
No vehicles or parts thereof shall be located in the front yard;
-
All salvage yards shall be totally hidden from the view of the travelling public, provincial
highways, any public road by utilizing distance and careful location, natural or planted
vegetation, an earth berm, opaque fence or other appropriate methods approved by Council.
-
All salvage or auto wrecking yards adjacent to a Country Residential, Village or Hamlet District
shall be totally enclosed by a sturdy fence built to a minimum height of 2.0 metres and
constructed of material suitable to conceal from view the materials stored on site. No materials
shall be stacked above the height of the fence.
-
A Performance Bond may be required by Council to ensure the development meets the
required development standards.
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5.7
ANIMAL KENNELS
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Animal Kennel:
-
The maximum number of animals not normally attributed to the host site to be kept on -site
shall be at the discretion of Council.
-
No building or exterior exercise area(s), to be used to accommodate the animals , shall be
allowed within 300 metres (1000 ft.) of any dwelling located on adjacent lots.
-
All facilities, including buildings and exterior exercise areas, shall be sited behind the
principal building unless otherwise approved by Council.
-
Pens, rooms, exercise runs and holding stalls may be soundproofed to the satisfaction of
Council.
-
All dog facilities shall be visually screened from existing dwellings on adjoining lots.
-
No animals shall be allowed outdoors between the hours of 9:00 p.m. to 7:00 a.m. daily.
During this time period, all animals shall be kept indoors.
-
A boarding use shall at no time unduly interfere with the character of the neighbourhood or the
general enjoyment of adjoining sites.
-
Details of animal waste disposal shall be included in the application.
-
One sign located on site, advertising the animal kennel is permitted subject to the General
Sign Regulations in Section 4.32.
-
Council shall place any additional conditions for approval deemed necessary based upon a
specific application.
-
Animal kennels shall be subject to relevant Bylaws and legislation governi ng noise and public
health.
-
All permits issued shall be valid for a two (2) year period from the date of issuance and shall
be subject to cancellation by the Municipality for due cause.
-
Failure to comply with any of the above regulations or the conditions of a Development Permit
may result in the revoking of the permit by the Municipality.
5.8
EQUESTRIAN FACILITIES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Equestrian Facility:
-
The Development Permit shall set the maximum number of horses and cattle, if applicable,
that may be kept on the site.
-
An animal is kept, for purposes of this section, when it is on the site overnight.
-
The number of animals allowed as a condition of the permit to participate in an event are in
addition to the number that are allowed to be kept on the site.
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-
The Development Permit shall set out conditions that address garbage and manure control,
pasture management, water supply and sewage disposal, on site stock trailer parking,
participant and spectator parking.
-
The application shall include an animal waste and drainage plan for all areas of the parcel of
land disturbed during or as a result of the development of the Equestrian Centre and
supporting facilities.
-
The application shall include a traffic impact analysis that includes current and projected
traffic for the next ten years in the vicinity. A condition of the Development Permit may require
there be a contribution towards upgrading of access roads should the road network req uire
upgrading because of the impact of the facility.
5.9
CAMPGROUNDS
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applicati ons
for a Campground:
-
The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
coach or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and the material change in use of portions of land, or the
filling or clearing of land shall require a Development Permit, and the operator shall submit for
approval an amended plan incorporating the development.
-
A campground shall have within its boundaries a buffer area abutting the boundary of not less
than 4.5 metres which shall contain no buildings.
-
The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be less than 150 m 2 in area with its corners clearly marked.
-
One sign located on site, advertising the campground, is permitted subject to the General Sign
Regulations in Section 4.32.
-
No portion of any campsite shall be located within a roadway or required buffer area.
-
Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area.
-
Each trailer coach shall be located at least 3.0 metres from any other trailer coach, and each
campsite shall have dimensions sufficient to allow such location of trailer coaches.
-
The space provided for roadways within a campground shall be at least 7.5 m etres in width.
No portion of any campsite, other use or structure shall be loca ted in any roadway.
-
A campground may include, as accessory uses, a laundromat or confectionary designed to
meet the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
-
The Public Health Act shall be complied with in respect to all operations and development of
the campground.
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5.10
TEMPORARY WORK CAMPS
-
Temporary Work Camps are an accessory use to an industrial or resource development.
-
A Development Permit for a Work Camp may be issued for up to one(1) year, at which time an
application must be made for the continuance of the use for one(1) additional year, after which
time a new Development Permit approval is required.
-
An application for a Development Permit must provide the following information and a Concept
Plan for the development:
i.
the location, type and purpose of the camp;
ii.
adjacent Land uses;
iii.
the method of supplying water and sewage and waste disposal to the camp. The
proposed method of sewage disposal must comply with the Saskatchewan Onsite
Wastewater Disposal Guide and in accordance with the Saskatchewan Public Health
Act;
iv.
the number of persons proposed to live in the camp;
v.
the method of providing garbage disposal and pest control in the camp; and
vi.
the start date for development, date of occupancy by residents and removal day for
the camp.
-
A Temporary Work Camp for accommodation purposes must be:
i.
linked to a specific project for which a valid and current Development Permit has been
issued and can only accommodate workers for this project;
ii.
accommodate a minimum of twenty(20) persons and a maximum of three -hundred
(300) persons;
iii.
secured by the installation of appropriate fencing around the project accommodation
and onsite security staff;
iv.
provide adequate on-site parking for private vehicles; and
v.
separated (buffered) from adjacent land uses
-
The final review of an application will not be completed prior to the receipt and evaluation of
all required information by the Development Officer, the District Health Authority and any other
relevant agency deemed necessary by the Municipality.
-
The Work Camp buildings and structures must be removed from site when the project is
completed.
-
The Developer must post a Performance Bond sufficient to remove and/or reclaim the site
after the project is either completed or if work has stopped to the extent that the need for the
camp no longer exists.
5.11
WIND FARMS
-
All buildings and structures shall be set back at least 90 meters (300 feet) from an intersection
of any municipal road allowance or provincial highway or such greater distance as required by
the department of Highways.
RM of Excel No. 71 Zoning Bylaw No. 20-13
75
-
The setback related to municipal road allowances and the wind energy generator (turbine)
shall be no less than the length of the blade plus 10 metres (33 feet) or a minimum of 125
feet, however if in the opinion of Council the setback is not sufficient to reduce the impact on
a public all-weather municipal road then Council may increase the required setback.
-
The setback from the property line of a non-participating landowner to a wind energy generator
(turbine) shall be no less than the length of the blade plus 10 meters (33 feet) or a minimum of
125 feet unless otherwise agreed to by the landowner, developer and Municipality.
-
Access roads to the wind energy facilities must be perpendicular to established road
allowances or on the quarter line unless otherwise agreed to by the landowner, developer and
Municipality.
-
All infrastructure, roads and accesses required to facilitate the implementation of the wind
energy facilities shall be proposed by the developer as part of the Development Permit
application.
-
Any proposed development within a municipal road allowance, i.e. underground lines or
overhead poles/lines must be proposed by the developer as part of the Developm ent Permit
application and adhere to the RM road crossing policy.
-
The developer is required to enter into a road use agreement with the Municipality for the
construction period to ensure roads are maintained in a condition agreeable by both parties.
-
The separation distance from a residence to a wind energy generator (turbine) shall be a
minimum distance of 750 metres.
-
The wind energy generator (turbine) shall have no restrictions on colour or height.
-
Substations are required to be fenced.
-
Sites having potentially dangerous or hazardous developments shall have visible signs stating
any potential danger.
-
No hazardous waste shall be stored on the site.
5.12
SOLID & LIQUID WASTE DISPOSAL FACILITIES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Solid or Liquid Waste Disposal Facility. The following standards do not apply to liquid manure
storage facilities and the application of manure on agricultural lands where this use is deemed
consistent with all other relevant sections of this Bylaw.
-
Development and site maintenance shall be in accordance with provincial environmental and
health regulations.
-
Any solid waste disposal facility shall be located 457.0 metres from any residence unless
relaxation of this requirement is agreed to by affected parties.
-
A buffer strip containing trees, shrubs or a berm shall be located surrounding a disposal area.
-
Any solid or liquid waste disposal facility shall be fenced.
-
Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations.
-
Solid waste disposal facilities shall be located in proximity to a provincial highway and
adjacent to an all-weather road.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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-
The development of any new disposal sites shall take into consideration direction of prevailing
winds.
-
Council shall place any additional conditions for approval deemed necessary based upon a
specific application.
-
Where approval has been deemed appropriate, Council may consider the following
requirements within a Development Permit:
-
Place a limitation on the years, months, weeks, days and/or hours of operation;
-
Requirement to provide and maintain sufficient dust control to the satisfaction of the
Municipality;
-
Limitations to the height of the landfill development; and
-
Specific requirements related to any stripping, filling, excavation and grading associat ed
with a landfill development.
Figure 4: Minimum Separation Distances Relating to all Solid and Liquid Waste Disposal
Land Uses
Solid Waste
Facility
Liquid Waste
Facility
Single residence, tourist
Accommodation
800 metres
457 metres
Multi-Parcel Country Residential
subdivision or Hamlet or urban
Municipality
1.6 kilometres
600 metres
Commercial or Industrial use
300 metres
300 metres
5.13
SOLAR FARM
.1
A site plan and associated information shall be submitted as part of the development
permit application that includes:
a) Property lines, existing used and vegetation on the site;
b) Propsed solar energy stsyem including all equipment, machinery and structures u sed for
the collection, conversion and transmission of a solar energy to electrical energy;
c) The number and size of photovoltaic panels and the height of the photovoltaic panels
and racking system;
d) Associated development including but not limited to roads and access, parking, cabling,
distribution and transmission lines, power grid connections, fencing and proposed
landscaping;
e) Site topography and any potential hazard lands within and adjacent to the site and the
proposed methods of mitigating any hazsrds; and
f)
An inventory of current land uses adjacent to the proposed development.
.2
Confirmation of site ownership by the applicant or, where the land is not owned by
the applicant, evidence of site control and right to access through provisions of a
lease or easement agreement with the landowner.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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.3
The size, height, and location of the solar farm shall not inordinately remove high
quality agricultural land from production or detract from the amenity of the area.
Council may apply development standards in issuing a development permit
limiting the size, height and location of the solar farm.
.4
The solar energy system shall comply with all applicable electrical code.
Applicants are responsible for obtaining any required federal and provincial
permits, licenses and approvals for construction and maintenance of the solar
energy system and must remit a copy to the RM.
.5
Reasonable accessibility for emergency service vehicles and personnel shall be
required. Emergency response plans may be required as a condition of the
development permit.
.6
Solar energy systems shall be designed to maximize the preservation of onsite
and abutting natural areas and drainage to the greatest extent.
.7
Clearing of natural vegetation shall be limited to what is necessary for the
construction, operation and maintenance of the solar energy system and shall not
occur on any slopes greater than 15% to minimize erosion.
.8
Vegetative screening and/or a security fence may be required as a condition of
the development permit. No unscreened outdoor storage shall be permitted.
.9
Landscaping and maintenance plans may be required as a condition of the
development permit. Landscaping and maintenance plans shall include control
measures to address weeds, rodents, refuse removal, and soil erosion.
.10
A minimum of one onsite parking space shall be provided to accommodate
vehicles for site maintenance.
.11
Lighting of a solar energy system shall be limited for safety and operational
purposes and shall be reasonably shielded from abutting properties and directed
downward to reduce light glare and pollution.
.12
There shall be no noise, vibration, light, glare, heat, or dust that will in Council's
opinion detract from the amenity of the area. Council may require the developer
implement mitigating measures to ensure the solar energy system produces
minimal disturbance to the surrounding lands.
.13
No advertising shall appear on the solar energy system. Signage, not to exceed
32 square feet, is permitted to display the facility name, address, safety
precautions, and emergency contact information.
.14
A decommissioning plan shall be required to address the manner of physical
removal of the system and site restoration to the same or better land capability
should the solar energy system, in part or full, become abandoned or defective.
.15
Any or all parts of the solar energy system is considered to be abandoned or
defective if:
a) It is not in operational condition, capable of collecting and converting solar radiation into
electrical energy, for a period of one year; or
RM of Excel No. 71 Zoning Bylaw No. 20-13
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b) It is in operational condition and is not used to generate and supply electricity for a
period of two years.
.16
If abandoned or defective, the solar energy system shall be repaired or removed
at the cost to the owner. The developer may be required to provide a financial
guarantee equal to the cost of restoration of the site.
.17
Any changes to the original development permit shall require a new permit to be
issued.
RM of Excel No. 71 Zoning Bylaw No. 20-13
79
6 ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Rural Municipality of Excel No.73 is divided into several Zoning
Districts that may be referred to by the appropriate symbols.
Zoning Districts
Symbol
Agricultural Resource
Country Residential
Hamlet District
High Profile Commercial
Industrial
Environmentally Sensitive Lands
Overlay
AR
CR
H
HPC
IND
ES
6.2
ZONING DISTRICT MAPS
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 20-13
adopted by the Rural Municipality of Excel No.71," signed by the Reeve and 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.
6.3
BOUNDARIES OF ZONING DISTRICTS
The boundaries of the Districts referred to in this Bylaw, together with an explanatory
legend, notations and reference to this Bylaw, are shown on the map entitled, Zoning
District Map.
Unless otherwise shown, the boundaries of zoning Districts are site lines, centre lines of
streets, lanes, road allowances, or such lines extended and the boundaries of the
Municipality.
Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
RM of Excel No. 71 Zoning Bylaw No. 20-13
80
7 AGRICULTURAL RESOURCE DISTRICT (AR)
The purpose of the Agricultural Resource District (AR) is to provide for and preserve large areas
capable of accommodating a diversity of general agricultural operations and natural resource
extraction and related activities.
In any Agricultural Resource District (AR), no person shall use any
land, building or structure or erect any building or structure except in
accordance with the following provisions:
7.1
PERMITTED USES
a) Field crops, animal and poultry raising, ranching, grazing, and other
similar uses customarily carried out in the field of general agriculture, including the sale on
the agricultural holding of any produce grown or raised on the agricultural holding but
excluding intensive livestock, P.M.U. and poultry operations, feed lots, apiaries, hatcheries,
and mushroom farms;
b) One detached one unit dwelling, RTM, modular or mobile home on a Quarter Section, following
the placement thereof on a permanent foundation;
c) Uses, buildings and structures accessory to the principal building or use;
d) Home Occupation or Home Based Business;
e) Small-Scale facilities for the processing and direct sale of crops grown or products raised by
the agricultural operation;
f)
Intensive Agricultural Activities (e.g. tree and garden nurseries, market gardens, greenhouses,
orchards, vegetable, horticultural or fruit gardens);
g) Beehives and honey extraction facilities;
h) Oil and gas wells, but excluding intensive oil and gas developments ;
i)
Pipelines and related facilities;
j)
Mineral Resource mining operations including, but not limited to, mine offices, maintenance
and processing building, head frames, wells, pipelines and storage facilities;
k) Petroleum extraction development including wells, pipelines, compressor stations and storage
facilities;
l)
Institutional Uses and facilities;
m) Public Parks and Recreational Uses;
n) Cemeteries;
o) Historical and archaeological sites;
p) Wildlife and conservation management areas;
q) Public utilities, buildings, and structures, warehouses and storage yards excluding solid and
liquid disposal waste facilities.
AR
RM of Excel No. 71 Zoning Bylaw No. 20-13
81
7.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the
discretionary use process as outlined in Section 3 and with regard to the discretionary use
criteria provided in Section 5 of this Bylaw.
a) Intensive Livestock Operations (over 300 Animal Units) ;
b) P.M.U. and poultry operations;
c) Feedlots;
d) Hatcheries;
e) Harvest Preserves(Game Farms);
f)
Agricultural Commercial;
g) Ag-related light manufacturing, assembly, or machine shops;
h) Stand Alone Grain Storage sites (greater than 200,000 bushels);
i)
Agricultural Industry;
j)
Aggregate Resource Extraction(Sand and Gravel), Storage and Processing;
k) Oil and gas related commercial and other similar uses;
l)
Agricultural Accessory Residence;
m) Non-farm residential on sites less than a Quarter Section;
n) Agricultural Tourism;
o) Personal Care Homes;
p) Bed and Breakfast homes, where part of a single detached dwelling ;
q) Temporary Work Camps;
r)
Mobile Storage Containers including Sea Cans;
s) Private Airstrip;
t)
Wind Farms;
u) Solid and Liquid Waste Disposal Facilities;
v) Campgrounds;
w) Animal Kennels;
x) Salvage Yards;
y) Equestrian Facilities;
z) Solar Farm.
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
7.3
PROHIBITED USES
a) All uses of buildings and land except those specifically noted as permitted or discretionary.
7.4
ACCESSORY BUILDINGS AND USES
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A permitted accessory use/building shall be defined as any building, structure or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
Manure applications associated with livestock and agricultural composting are considered
accessory to an agricultural operation where the spreading occurs on the parcel in which it
is produced or on other lands included in the Agricultural Operation.
Facilities for the direct sale of crops grown by the agricultural operation including orchards
and market gardens shall be considered as an accessory use to a farmstead or agricultural
residence in the Agricultural Resource District.
Large Accessory buildings used for Ag-related light manufacturing, assembly or machine
shops are a discretionary use and shall be located adjacent to a developed all-season
road.
.6
Solar energy systems may be permitted as an accessory structure to an existing principal
use of the solar system complies with section 4.3.5.
7.5
SUBDIVISION AND SITE REGULATIONS
Minimum site area
Resource Activity: no minimum
Non-Farm Residential 0.8 hectares (2.0 acres) to a
maximum 20.0 acres, except that the maximum site area may
be a greater area depending on existing physical
circumstances.
All other discretionary uses: 1.0 hectare (2.54 acres)
Minimum site frontage
30.0 metres
Minimum front yard
All buildings shall be set back a minimum of 46.0 metres
from the centre line of any developed road, municipal road
allowance or provincial highway and/or a minimum of 90 .0
metres from the intersection of the centre lines of any
municipal roads or provincial highway or such greater
distance as required (e.g. Site triangle).
Minimum rear yard
15.0 metres or 25% of the depth of the site whichever is the
lesser
Minimum side yard
15.0 metres except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard
requirements shall apply
Minimum setback for trees,
All dugouts, shelterbelts, tree plantings, portable structures,
RM of Excel No. 71 Zoning Bylaw No. 20-13
83
shelterbelts, grain bags and
other
machinery, aggregate resource stockpiles, or grain bags
shall comply with the same setback requirements as for
buildings.
Fence Lines
All fences shall be set back a minimum of 46.0 metres( 150
ft) from the centre line of any developed road, municipal
road allowance or provincial highway except council may by
resolution reduce the setback due to physical circumstances
Public Works and Facilities
There shall be no minimum site area required for cemeteries,
radio, communication towers or related facilities.
The Development Officer may require a greater setback for a permitted or discretionary use
if it is deemed that the use may substantially interfere with the safety and amenity of
adjacent sites.
No dwelling shall be located with less than a minimum separation distance to an operation
other than the residence with the uses in clause a) or d), of the operation as follows:
a) The separation distance to an Intensive Livestock Operation as regulated in Section 7.9;
b) 457 metres from a licensed public or private liquid waste disposal facility;
c) 457 metres from a licensed public or private solid waste disposal facility;
d) 305 metres from a honey processing facility;
e) 400 metres from an Aggregate Resource extraction operation;
f)
1.0 kilometre from sour gas wells and 75 metres from other gas and oil wells;
g) 500 metres from an Ethanol, Fertilizer or Potash development;
h) 305 metres to a non-refrigerated anhydrous ammonia facility licensed by Province of
Saskatchewan; or
i)
600 metres to a refrigerated anhydrous ammonia facility licensed by the Province of
Saskatchewan.
.3 Council may by resolution, grant permission to the landowner to plant trees or shrubs at an
existing farm site, provided that they are no closer than 25 metres (80 feet) from the centre line of
the road allowance.
.4 Council may also reduce the setback distances from a road due to physical circumstances
unique to the situation where public safety is not adversely affected.
7.6
SUPPLEMENTARY DEVELOPMENT STANDARDS FOR AGRICULTURAL
USES
The minimum site area constituting an agricultural operation or agricultural holding shall be
64.5 hectares (160 acres) or equivalent. Equivalent shall mean 64.5 hectares (160 acres)
or such lesser amount as remains in an agricultural holding because of the original
township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline
RM of Excel No. 71 Zoning Bylaw No. 20-13
84
or transmission line development or government action, natural features such as water
courses or water bodies, or as a result of subdivision as permitted herein.
Any existing agricultural site which does not conform to the minimum site area requirement
shall be deemed conforming with regard to site area, provided that a registered title for the
site existed at Information Services Corporation (ISC) prior to the coming into force of this
Bylaw.
A reduced agricultural site area below 64.5 hectares(160 acres) may be permitted at
Council's discretion for the purpose of farmland consolidation, estate planning settlement,
farm debt restructuring or as a result of a permitted or discretionary subdivision or due to
topographical or physical limitations.
Where subdivision is proposed to establish a discretionary use, the area proposed for
subdivision shall comprise a minimum of 1 hectare (2.47 acres).
7.7
FARMSTEADS
A maximum of three (3) farm-related, single detached dwellings will be permitted on
agricultural sites and farmsteads. A farmstead may contain the following where located on
the same parcel:
a) a residence for the operator of an agricultural use;
b) a bunkhouse or additional residence for employees or business partners of the operator
engaged in the agricultural operation;
c) facilities for the temporary holding of livestock raised in an operation, in lesser numbers
than constitutes an I.L.O. (unless approved as an I.L.O); and
d) buildings for permitted accessory and ancillary uses.
The Development Officer may issue a Development Permit for more than one (1) dwelling
on a parcel if:
a) it is an accessory agricultural residential dwelling to be occupied by a person or persons
who are engaged on a full-time basis for at least six (6) months of each year in the
agricultural operation; and
b) the additional dwelling is located on a parcel which is a permitted agricultural operation;
and
c) accessory dwellings shall only be located on sites where the accessory dwelling can be
serviced by existing utilities.
Temporary Use- Farmsteads
Notwithstanding the provisions of this Bylaw and the Official Community Plan, a mobile
home may be permitted for a period of up to one (1) year on an existing non-farm or
farmstead residential site within this Zoning District subject to a resolution of Council,
provided that the following criteria is met:
RM of Excel No. 71 Zoning Bylaw No. 20-13
85
a) adherence to any permit or Building Bylaw or licensing requirement in effect in the
Municipality;
b) each mobile home shall comply with the Canadian Standards Association (CSA) document
CAN/CSA - 240.2.1-M86 "Structural Requirements for Mobile Homes" and shall be placed
on a permanent foundation;
c) issuance of a Development Permit to the landowner, where th e said mobile home is
located, to be issued on an annual basis;
d) the entering into of a Development Agreement between all affected parties, where
considered necessary, to assure applicable development standards are adhered to; and
e) compliance with any requirement of Sask Health or government agencies respecting water
and waste connections and disposal concerns.
A Trailer Coach used for farm employees during the farming season shall be
accommodated as a temporary/seasonal use on a permitted agricultural site.
Temporary Uses
In the case of an existing, currently habitable dwelling, which is being replaced by a new
one, the existing dwelling, may, as a condition of the new Development Permit, be allowed
to be occupied during construction, only until the new one is habitable. At that point, the
existing dwelling must be demolished or moved off the site within thirty (30) days after
occupancy of that dwelling.
Grain Storage Bags:
a) Shall not be used or stored in any required yard setbacks.; and
b) Shall not become a nuisance or impede visibility at the approach of an intersection or
obstruct snow plowing or road maintenance activities.
Mobile Storage Containers including Sea Containers:
a) shall require a Development Permit;
b) must be properly anchored;
c) shall be located a minimum of 3.0 metres from the primary building and behind the rear
wall of the primary building; and
d) containers determined by the Municipality to be unsightly, misused, unsafe, or
inappropriate in any way, must be removed at the owner's expense within a time period
specified by the Rural Municipality.
7.8
NON-FARM RESIDENTIAL SUBDIVISION OF AGRICULTURAL LANDS
RM of Excel No. 71 Zoning Bylaw No. 20-13
86
A maximum of two (2) sites may be subdivided for any land use, commercial, industrial, or
non-farm residential per quarter section 64.8 ha (160 acres) in the AR- Agricultural
Resource District in addition to one farmstead.
When a site for an existing or proposed single detached dwelling is subdivided from the
agricultural site or farmstead, the development or subdivision of such non-farm residential
uses:
a) a site to be created by subdivision shall not be permitted unless the proposed parcels and
the remainder of the parcel being subdivided abuts, or has frontage on a developed road,
including any road to be developed at the sole expense of the developer or under a
signed servicing agreement.
b) a farmstead which contains a residence proposed for subdivision as a separate site shall
provide sufficient land area to provide for an on-site waste disposal system.
Subdivision proposing to establish more than two (2) new non-farm, single parcel country
residential site shall be subject to rezoning to a Country Residential District and must
comply with all relevant area, frontage and setback requirements of that Zoning District.
The subdivision of parcels of agricultural land which are physically isolated from the
majority of the quarter section by a road, rail-line or watercourse will be allowed. To
preserve viable agricultural sites, such parcels should be consolidated with other adjoining
agricultural land.
All proposed non-farm Residential subdivisions shall observe the minimum separation
distances from intensive livestock operations and aggregate extraction operations, potash,
oil and gas and ethanol plant developments as provided in Figures 5 and 7.
Any parcel which does not conform to the minimum site area requirement but existed in the
Information Services Corporation (Land Titles Office) prior to the coming into force of this
Bylaw shall be deemed conforming with regard to site area.
At the request of the current owner of the site proposed to be s ubdivided Council may
increase the maximum site size requirement by no more than 100% where the change:
a) is required to include additional land required for water supply or waste disposal systems
which exist on or are proposed for the site;
b) is requested to include or facilitate any existing landscaping, buildings, structures or
natural features on the proposed site;
c) would not unnecessarily reduce, or negatively affect the existing use, size, servicing or
access to the balance of the quarter section, or equivalent as defined in this Bylaw; and
d) would not negatively affect the existing use, servicing, or access to any neighbouring land
which abuts the proposed new site.
7.9
INTENSIVE LIVESTOCK OPERATIONS
RM of Excel No. 71 Zoning Bylaw No. 20-13
87
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Intensive Livestock Operation:
For the purpose of this section, an Intensive Livestock Operation (ILO) shall be defined as
the rearing, sustaining, finishing or breeding by means other than grazing of more than 300
animal units of livestock or where the space per animal unit is less than 371.6 m 2 (4000
ft2), including buildings and structures directly related to the operation but not including a
residence, seasonal feeding or bedding sites.
a) In addition to the general requirements for a discretionary use as provided in Section 3 of this
Bylaw, the following additional considerations shall be made for all applications for:
i)
new ILOs;
ii) expansion of Existing ILOs;
iii) any temporary facility or part of a site; or
iv) the alteration of an animal species in an approved operation.
b) In addition to any requirements contained herein, all applications for an ILO shall conform to
the regulations provided within The Agricultural Operations Act, 1995.
c) As a condition of approval, the Municipality shall specify the maximum number of animal units
for which the approval is made and specify land which may or may not be used for the disposal
or storage of manure from an ILO in order to minimize potential land use conflicts.
d) The applicant shall be responsible for submitting a site plan and narrative including the
following:
i)
the size and type of facility;
ii) a sketch plan showing the location of existing and proposed buildings and the
distance from the development site to every residence within 1.6 kilometre (1 mile);
iii) the number and type of animals including identification of any risks of disease;
iv) manure storage and disposal strategies including identification of all parcels including
their acreage intended to host the disposal;
v) identification of surface water and residential development on or adjacent to the
parcels intended for hosting the disposal of manure;
vi) provide a copy of written agreements with land owners for all parcels intended to host
the disposal of manure where the parcels are not controlled by the operator;
vii) identification of the location of potentially affected surface and groundwater sources
on and adjacent to the site including distance measurements to these watercourses;
viii) identification of the reason for this site being selected including what characteristics
exist that makes it suitable for hosting the operation. The Municipality may, at its
discretion, require the submission of a soils and water test conducted by a qualified
agricultural engineer to confirm that the site selected is capable of accommodating the
activities proposed;
ix) identification of socioeconomic benefits of the operation to the area as well as a brief
discussion of the potential conflicts associated with the operation in addition to any
mitigative actions to be taken to minimize these effects on adjacent land uses;
x) servicing requirements associated with the operation including but not limited to road
upgrades, utility provisioning and availability of adequate water sources; and
xi) type, volume and frequency of traffic associated with the transportation of animals and
animal feed to and from the site.
RM of Excel No. 71 Zoning Bylaw No. 20-13
88
e) When considering the operational/environmental aspects of an application, the Rural
Municipality shall refer all Development Permit applications to Saskatchewan Agriculture for
their review and recommendation regarding waste storage, nutrient and mortality management.
f)
The Municipality may require the applicant to pay for the public advertisement of a proposal
that will result in an intensive livestock operation and for the cost of a public hearing or
information session on the proposal.
g) The Municipality may require an applicant to demonstrate that the water supply is sufficient for
the development and the supply for neighbouring developments will not be adversely affected
by the proposed operation.
h) ILOs shall adhere to the following recommended minimum distance separations:
Figure 5: ILO Separation Distances
Type of Development
10-49
Animal
Units
50-299
Animal
Units
300-499
Animal
Units
500-2000
Animal
Units
2000+ Animal
Units
Single family
dwelling not owned
by the ILO operator
600
metres
800 metres
1000 metres
1600 metres
(1 mile)
2400 metres
(1.5 miles)
Multi-Parcel Country
Residential
subdivision or
Hamlet
600
metres
1200
metres
1500 metres
2400 metres
(1.5 miles)
2400 metres
(1.5 miles)
i)
The Municipality may grant a reduction of the separation distance criteria where it can be
proven that a proposal will not negatively impact adjacent land uses. Prior to granting a
reduction, the Municipality will consult with all agencies deemed a ppropriate and will require
registered written agreement from all land owners directly affected by the reduction.
i) Council may approve a separation distance that is up to 10% less than the relevant
separation distance shown above, where the applicant submits a copy of a signed
agreement between the owner of the Intensive Livestock Operation, and the owner of the
other development, the Hamlet or Village residents, agreeing to the reduced separation
distance.
ii)Such agreements must contain a provision that the parties to the agreement will
Register an Interest on the Land Titles of all affected land owned by, or within the
jurisdiction of, both parties.
j)
In determining proximity to a multi-parcel residential subdivision, hamlet, village, or
recreational use, separation distances shall be measured from the area of confinement of the
animals to the property boundary of the closest developable parcel.
k) In determining proximity to a single family dwelling located on agricultural prop erty or within a
single parcel residential subdivision not owned by the Intensive Agricultural Operator,
separation distances shall be measured from the area of confinement of the animals to the
residential dwelling.
l)
ILOs existing at the time of the adoption of this Bylaw shall continue with their current
operation. Any expansion of the operation or change of animal species or type of operation is
RM of Excel No. 71 Zoning Bylaw No. 20-13
89
required to obtain written approval from the Municipality in accordance with the requirements
and conditions of this Bylaw.
m) The operator may be required to enter into a road maintenance agreement to pay for the
maintenance of roads required to provide access to the development.
n) The minimum separation distance between occupied dwellings and riparian areas and the
location where manure is to be spread is listed below. Distances are measured between the
edge of the manure application area and the edge of a nearest pr operty boundary.
Figure 6: Location Separation Criteria for Manure Spreading to Dwellings
Method of Manure
Application
Injected
Incorporated within
24 hours
No incorporation
Hamlet or Multi-
Parcel Country
Residential Acreages
Riparian areas
200 metres
400 metres
800 metres
p) Crop land or improved pasture may be used for the disposal of wastes from an intensive
livestock operation by spreading of manure, and such manure shall be incorporated into the
soil within twenty-four (24) hours of spreading, unless such incorporation is prevented by
adverse weather conditions, in which case incorporation shall take place as soon as practical
thereafter.
q) The Rural Municipality may require or allow an applicant to utilize manure injection into the
soil or other technology rather than conventional stockpiling and spreading. The Municipality
may consult Saskatchewan Agriculture, regarding the suitability of such technology.
7.10
AGGREGATE EXTRACTION (SAND, GRAVEL, TOPSOIL)
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Aggregate Extraction activity.
a) For the purpose of this section, Aggregate Resource extraction shall mean, excavation other
than for construction, building or for purposes of creating an artificial body of water, including
but not limited to, sand and gravel mining, or topsoil stripping.
b) An application proposing a new aggregate extraction use or an expansion to an existing
aggregate extraction operation shall be a temporary and discretionary use and shall adhere to
all applicable municipal, provincial and federal requirements and guidelines.
c) In reviewing applications for Aggregate Resource extraction operations the environmental
implications of the operation including plans for site restoration shall be considered.
d) An approval of an aggregate resource extraction activity shall be for a maximum period of two
(2) years and may be renewed at the discretion of Council providing the requirements of this
Bylaw continue to be met.
RM of Excel No. 71 Zoning Bylaw No. 20-13
90
e) The applicant shall submit plans and a narrative including:
i)
the location and area of the site where the excavation is to take place;
ii) the expected life of the deposit if applicable;
iii) the type and dimensions including average depth of the proposed excavation, and the
effect on existing drainage patterns on and off the site;
iv) identification of the outdoor noise and the discharge of substances into the air;
v) the methods for preventing, controlling, or reducing erosion;
vi) proposed access and hauling activities (including number of trucks, tonnage, and
hours of hauling);
vii) proposed extraction, operation, and staging (including years, dates and hours of
operation);
viii) a plan showing the final site conditions and post development land use plan following
the completion for the operation (reclamation plan) including the phasing of
remediation (progressive restoration is expected while extraction is ongoing in other
section of the pit);
ix) method for storm water management/drainage control, and erosion and sediment
control; and
x) any other information that Council deems necessary.
f)
Aggregate resource extraction industries are permitted in accordance with the following
conditions:
i)
The applicant shall ensure that dust and noise control measures are undertaken to
prevent such items from becoming an annoyance to neighbouring land owners. The
applicant shall conduct dust control procedures at the request of and to the
satisfaction of the Rural Municipality. In this regard stock piles shall be located in a
position to act as a sound barrier. Also, the applicant shall attempt to minimize the
noise created by machinery and equipment.
ii) The applicant shall keep the area subject to the Development Permit in a clean and
tidy condition free from rubbish and non-aggregate debris.
iii) Access routes into extraction areas shall be located away from residential areas and
have efficient servicing, haul routes and have a high consideration for public safety .
iv) A disturbed area shall be reclaimed to a land capability equivalent to the pre-
disturbance land capability (e.g. Agricultural land) or a post-disturbance condition and
land use (e.g. Conversion to wetland) which are satisfactory to the Municipality. These
conservation and reclamation procedures shall be in accordance with the RM's Bylaw
to License the Excavation of Gravel from Gravel Pits and the Ministry of
Environment's Reclamation Guidelines for Sand and Gravel Operations.
v) Any Aggregate Resource extraction industry proposed to be located within 100 metres
of any municipal road, provincial highway or major waterbodies or riparian areas shall
be permitted only where it would not adversely impact the environment or materially
interfere with or affect adjacent lands.
vi) Aggregate resource extraction industries shall have regard to adjacent land uses and
no material is to be stored or piled shall occur:
a) Within 805 metres (1/2 mile) from any dwelling, unless an agreement has been
entered into with the owner of the dwelling consenting to a closer separation
distance. If an agreement is entered into, Council will require that an interest
protecting the parties to the agreement be registered against the lands, at the
cost of the developer;
RM of Excel No. 71 Zoning Bylaw No. 20-13
91
b) Within 15 metres (50 feet) from the limit of any road allowance or provincial
highway;
c) Within 805 metres (1/2 mile) from any recreational or heritage lands;
d) Within 30 metres (100 feet) from any hazard lands.
vii) The general resource extraction operator and any person w ho hauls the aggregate
may be required to enter into a road maintenance agreement. The Municipality may
require the developer to sign an agreement for road maintenance pursuant to The
Municipalities Act, as a condition of the approval.
viii) The Aggregate Resource extraction operator must report the amount of aggregate
extracted by November 1 of each year or the end of the hauling season , whichever
comes first.
ix) The Municipality shall require the aggregate resource extraction operator to post a
performance bond equal to the cost of reclamation of the pit, to be held by the
Municipality for the lifespan of the operation to ensure the land is reclaimed to a
satisfactory condition. The bond or other acceptable security must be in place before
development proceeds. Once the site has been satisfactorily restored, the bond or
security will be discharged or returned to the applicant or their predecessor to
guarantee adherence to the above noted agreements.
x) Upon the requirement of Council, the developer shall undertake a mineral extraction
study prior to development approval to determine specific development requirements
and standards.
xi) Where sand and gravel development is proposed within the vicinity of a water source,
the development permit application should be accompanied by an appropriate
hydrological study which outlines necessary mitigation measures.
xii) Where applicable, Council will specify development conditions in conjunction with
recommendations from provincial agencies and report from a qualified person
regarding site development, services, modification to application and location of
operation and any other mitigation measures deemed necessary.
xiii) Council will specify conditions regarding cost recovery and cost -sharing of municipal
road construction and maintenance expenses due to increased haulage by trucks
carrying mineral resources.
g) Council may require an agreement to be entered into with the developer to ensure the sand
and gravel development complies with all relevant requirements of the Bylaw including any
additional conditions of approval necessary to secure the objectives of this Bylaw.
7.11
OIL AND GAS DEVELOPMENT
Petroleum extraction development including wells, pipelines, compressor stations and
storage facilities will be accommodated as a permitted use. Related processing and service
related development (land farms for contaminated soil, oil storage batteries, etc.) will be
accommodated as a permitted use, if such uses are already regulated by Provincial or
National Departments or Agencies.
Other related processing and service related development, which is not regulated by those
Departments or Agencies, shall be accommodated as discretionary uses.
RM of Excel No. 71 Zoning Bylaw No. 20-13
92
Exploration and development of oil and gas shall be subject to all Federal and Provincial
requirements, and such activity must comply with the objectives and policies outlined in the
Official Community Plan.
Upon approval by the Municipality, the owner of the pipeline shall provide the Municipality
at least forty-eight (48) hours' notice of the owner's intention to commence work. Written
request must be made to the Rural Municipality before construction begins and the owner
shall obtain the required Municipal standards for construction for approaches and for
Pipelines (Flow lines) crossing Road Allowances.
Temporary Development Permits may be issued specifying time lines and conditions for
such uses of a temporary nature such as oil and gas, mineral seismic or exploratory
activities, or other ecotourism/seasonal activities. In no way should the issuance of these
permits construe approval of projects other than that which is outlined specifically in the
permit. Council has the right to revoke said permits if any of the conditions are not met.
Temporary permits will not be issued if the use is not acceptable with the appropriate
zoning designation or incompatible with the provisions of the Official Community Plan.
The Rural Municipality may apply special standards as outlined in The Municipalities Act,
to protect the municipal interest when transportation, utility and pipeline facilities cross
Municipal roads, or when seismic activity is proposed on roads or road allowance.
To minimize conflict between Mineral Resource extraction or oil and gas operations and
surrounding land uses, the separation distances provided below shall be adhered to.
These separation distances shall be used to ensure adequate separation distances
between mineral resource extraction, oil and gas operations and other uses which may
conflict with this industry or land uses which should not be developed due to problems with
air quality or proximity to pipelines (ie. oil batteries).
Figure 7: Minimum Separation Distances Relating to Fertilizer, Ethanol Development, Oil
and/or Gas Operations
Land Uses
Oil and Gas Development
Fertilizer or Ethanol
Development
Single dwelling or tourist
accommodation
1.0 kilometer from sour gas wells
75.0 metres from other gas and oil
wells
500 metres (0.5 kilometer)
Hamlet or Multi-Parcel
Country residential
subdivisions
1.0 kilometer from sour gas wells
75.0 metres from other gas and oil
wells
1.0 kilometer
Commercial and
Recreational Uses
At Council's discretion
At Council's Discretion
7.12
SIGNAGE REGULATIONS
All developments shall comply with Section 4.32 General Regulations.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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7.13
TEMPORARY BORROW PIT
.1
A temporary development permit may be issued for a specified period of time to
accommodate a temporary borrow pit incidental to the construction of an approved
development provided the following criteria and conditions are met:
a) The borrow pit and stockpiles shall be setback a minimum distance of 45 metres from the
centreline of a developed road or provincial highway.
b) The borrow pit and stockpiles shall be setback a minimum distance of 7.5 metres from a site
line and bank of any waterbody or watercourse.
c) Safety fencing and signage may be required as a condition of the development permit.
d) The excavation and stockpiling areas shall be re-graded and re-vegetated immediately after
construction activities conclude as may be necessary to address drainage and prevent
erosion.
RM of Excel No. 71 Zoning Bylaw No. 20-13
94
8 COUNTRY RESIDENTIAL DISTRICT (CR)
The purpose of the Country Residential District (CR) is to accommodate a low density rural
acreage development where the essential land requirement is for a building site, open space and
rural lifestyle option rather than for productive agricultural purposes.
In any Country Residential District (CR), no person shall use any
land, building or structure or erect any building or structure except
in accordance with the following provisions:
8.1
PERMITTED USES
a) One detached one unit dwelling, RTM or modular home following the placement thereof on a
permanent foundation per site;
b) Uses, buildings and structures accessory to the principal building or use;
c) Open spaces and parks;
d) Home Based Business or Occupation;
e) Artisan or Craft Workshop;
f)
Public utilities, buildings, structures, warehouses and storage yards excluding solid and liquid
waste disposal facilities.
8.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the
discretionary use process as outlined in Section 3 and with regard to the discretionary use
criteria provided in Section 5 of this Bylaw.
a) Multi-Parcel Country Residential development;
b) Personal Care Home;
c) Bed and Breakfast Homes,
d) Vacation Farms;
e) Animal Kennels;
f)
Equestrian Facilities;
g) Mobile Storage Containers including Sea and Rail Containers;
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
8.3
PROHIBITED USES
The following uses shall be strictly prohibited within any Country Residential District (CR):
CR
RM of Excel No. 71 Zoning Bylaw No. 20-13
95
a) All uses of land, buildings or industrial processes that may be noxious or injurious, or
constitute a nuisance beyond the building which contains it by reason of the production or
emission of dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other s imilar
substances or conditions; and
b) All uses of buildings and land except those specifically noted as permitted or discretionary.
8.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.8 hectares (2.0 acres).
Maximum site area
16 hectares (40 acres) or to be determined at Council's
discretion based on topographical and physical site limitations.
Minimum site frontage
30.0 metres
Minimum setback from Roads
and Highways
All buildings shall be set back a minimum of 45.0 metres from the
centre line of any developed road, municipal road allowance or
provincial highway and/or a minimum of 90.0 metres from the
intersection of the centre lines of any municipal roads or
provincial highway or such greater distance as required (e.g. Site
triangle).
Where development is serviced by an internal subdivision road,
the minimum front yard shall be 15.0 metres.
Minimum rear yard
7.6 metres
Minimum side yard
7.6 metres except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard requirements
shall apply
Maximum building height
10.0 metres
Minimum setback for trees
shelterbelts and other
All shelterbelts, tree plantings, portable structures, machinery
and the storage of aggregate materials shall comply with the
same setback requirement as for buildings.
Public utilities, recreational,
Institutional land uses
Exempted from minimum frontage and site area requirements.
8.5
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
The final subdivision design and approved lot density of development in the CR Zoning
District shall be determined by the carrying capacity of the lands proposed for development
as identified within the submission of a Concept Plan.
RM of Excel No. 71 Zoning Bylaw No. 20-13
96
Each Country Residential (multi-parcel) subdivision shall be in a clustered form to facilitate
servicing and shall not exceed all requisite standards provided by the local District Health
Authority for onsite wastewater disposal systems.
The Development Officer may require a greater setback for a permitted or discretionary use
if it is deemed that the use may substantially interfere with the safety and amenity of
adjacent sites.
No dwelling shall be located with less than a minimum separation distance to an operation
of other than the residence of the operation in a) or d) as follows:
a) the separation distance to an Intensive Livestock Operation as regulated in Section 7.9;
b) the separation distance to oil, gas or mineral extraction activities as provided in Figure 7;
c) 457 metres from a licensed public or private liquid waste disposal facility;
d) 457 metres from a licensed public or private solid waste disposal facility;
e) 305 metres from a honey processing facility;
f)
400 metres from an Aggregate Resource Extraction operation;
g) 1.0 kilometre from sour gas wells and 75 metres from other gas and oil wells;
h) 1.0 kilometre from an Ethanol, Fertilizer or Potash development;
a) 305 metres to a non-refrigerated anhydrous ammonia facility licensed by Province of
Saskatchewan; or
b) 600 metres to a refrigerated anhydrous ammonia facility licensed by the Province of
Saskatchewan.
Country Residential parcels may be exempted from these requirements in the case of a
parcel physically severed as a result of road right-of-way or railway plans, drainage ditch,
pipeline or transmission line, development, or natural features, such as watercourses or
water bodies, in which cases there shall be no maximum site area. Existing residential
parcels may be enlarged to include adjoining land physically severed as a res ult of the
above noted barriers.
In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no
minimum or maximum site area.
8.6
ACCESSORY BUILDINGS AND USES
A permitted accessory use/building shall be defined as any building, structure or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
All accessory uses, buildings or structures (e.g. detached garages) require the submission
of an application for a Development Permit prior to commencing the use or construction
unless it is identified as exempt from this process in Section 3 of the General
Administration of this Bylaw.
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
RM of Excel No. 71 Zoning Bylaw No. 20-13
97
Subject to traffic sight lines, no hedge, fence, wall or other structure shall be erected past
any property line. No barbed wire or razor wire fences shall be allowed.
The building floor area for large accessory buildings (workshops) located on Country
Residential (CR) sites may not exceed 196m² (2000 ft²). All workshop-related activities
shall be conducted within an enclosed building. No exterior storage of materials, goods, or
waste products is permitted, except within a waste disposal bin for collection.
8.7
LEGAL ACCESS
Development of a residential dwelling is prohibited unless the site abuts a developed road.
For the purposes of this section, "developed road" shall mean an existing graded all-
weather road on a registered right-of-way, or a road for which a signed servicing
agreement has been made by the developer with Council to provide for the construction of
the road on a registered right-of- way to a standard approved by Council.
A subdivision shall not be recommended for approval by Council unless the proposed sites
and any un-subdivided remnant of the land being subdivided has frontage on a developed
road, including any road which is required to be registered and developed as a public road
under a signed servicing agreement.
8.8
TEMPORARY USES
Notwithstanding the provisions of this bylaw and the Official Community Plan, a mobile
home or trailer coach may be permitted for a period of up to one (1) year on an existing
Country residential site within this Zoning District, subject to a resolution of Council,
provided that the following criteria is met:
a) adherence to any permit or building bylaw or licensing requirement in effect in the Municipality
b) issuance of a Development Permit to the landowner, where the said trailer is located, to be
issued on an annual basis;
c) the entering into of a development agreement between all affected parties, where considered
necessary, to assure applicable development standards are adhered to;
d) compliance with any requirement of the Ministry of Health or government agencies respecting
water and waste connections, and disposal concerns;
e) wherever a mobile home or trailer coach is allowed by Council as a temporary discretionary
use during construction of a single detached dwelling, it shall be removed within 30 days after
occupancy of that dwelling; and
f)
each mobile home shall comply with the Canadian Standards Association (CSA) document
CAN/CSA - 240.2.1-M86 "Structural Requirements for Mobile Homes" and shall be anchored,
but shall not be placed on a permanent foundation.
In the case of an existing, currently habitable dwelling, which is being replaced by a new
one, the existing dwelling, may, as a condition of the new Development Permit, be allowed
RM of Excel No. 71 Zoning Bylaw No. 20-13
98
to be occupied during construction, only until the new one is habitable. At that point, the
existing dwelling must be demolished or moved off the site within thirty (30) days after
occupancy of that dwelling.
8.9
KEEPING OF LIVESTOCK
The keeping of livestock shall be permitted in the any Country Residential District (CR) in
accordance with the following schedule:
Animals shall not be pastured within 15.0 metres of any dwelling or well not owned by the
owner of the animals, and no buildings or structures intended to contain birds or animals
shall be located within 30.0 metres of a dwelling or property line.
The use of vacant residential sites for the pasturing of animals is prohibited.
8.10
SIGNAGE REGULATIONS
All developments shall comply with Section 4.32 General Regulations.
Parcel Size
Maximum Number of Animal Units
Permitted
Minimum 2 hectares (5 acres)
Two (2) Animal Units
Greater than 4 hectares (10 acres)
Four (4) Animal Units. For each
additional 1.2 hectares, one(1) additional
animal unit will be permitted.
RM of Excel No. 71 Zoning Bylaw No. 20-13
99
9 HAMLET DISTRICT-H
The
purpose
of
the
Hamlet
District
(H)
is
to
accommodate
the
existing
Hamlet
of
Crane Valley, Ormiston, Readlyn, Viceroy and Verwood which provides an alternative residential
lifestyle choice.
In any Hamlet District (H), no person shall use any land, building or
structure or erect any building or structure except in accordan ce
with the following provision:
9.1
PERMITTED USES
a) One detached one unit dwelling, RTM, modular or mobile home
following the placement thereof on a permanent foundation;
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c) Home Based Business or Occupation;
d) Playgrounds and parks;
e) Artisan or Craft Workshop;
f)
Public works, buildings, and structures, warehouses and storage yards, excluding solid and
liquid waste disposal sites;
g) Keeping of Livestock.
9.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the
discretionary use process as outlined in Section 3 and with regard to the discretionary use
criteria provided in Section 5 of this Bylaw.
a) Personal Service Trade;
b) Personal Care Home
c) Bed and Breakfast Home;
d) Recreational i.e. sports fields, rinks, tennis courts, and other similar uses;
e) Places of Worship and Community Halls;
f)
Solar Panels
g) Repair shop facilities
9.3
PROHIBITED USES
The following uses shall be strictly prohibited within a Hamlet District (H):
a) All uses of land, buildings or industrial processes that may be noxious or injurious, or
constitute a nuisance beyond the building which contains it by reason of the production o r
emission of dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other similar
substances or conditions;
b) All uses of buildings and land except those specifically noted as permitted or discretionary.
H
RM of Excel No. 71 Zoning Bylaw No. 20-13
100
9.4
SITE REGULATIONS
Minimum site area
Single Detached Dwellings:450m² ( 4845 sq. ft. )
Institutional and Recreational: Minimum: 0.8 hectares (1.98 acres)
In the case of a parcel that existed prior to the adoption of this Bylaw
there shall be no minimum site area.
Minimum site frontage
15 metres
Minimum front yard
6.0 metres
Minimum rear yard
Principal buildings shall be set back a minimum of 6.0 metres from
the rear property line.
Minimum side yard
All buildings shall be set back a minimum of 1.5 metres, except
where a side yard abuts a Municipal road allowance or a Provincial
highway, in which case the front yard requirements shall apply
Maximum building
height
Principal buildings: 10 metres; Accessory buildings: 5.0 metres as
measured from the finished grade to the bottom of the eave of the
building e.g. not including the eaves of the building.
Public Utilities and
Institutional Uses
Exempted from minimum frontage and site area requirements.
a) The Development Officer may require a greater setback for a permitted or discretionary use if
it is deemed that the use may substantially interfere with the safety and amenity of adjacent
sites.
b) Re-development of former residential sites shall be determined by the availability of potable
water and wastewater treatment carrying capacity of the lands proposed for development. The
developer shall ensure that there is an available water supply, access to an existing sewage
disposal facility, or an onsite wastewater disposal system which meets all requisite standards
provided by the District Health Authority, and that meets The Public Health Act and
Regulations requirements.
9.5
ACCESSORY BUILDINGS AND USES
a) A permitted accessory use/building shall be defined as any building, structure or a use which
is customarily accessory to the principal use of the site, but only if the principal permitted use
or discretionary use has been established.
b) All accessory uses, buildings or structures require the submission of an application for a
Development Permit prior to commencing the use or construction unless it is identified as
exempt from this process in Section 3 of the General Administration of this Bylaw.
c) Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
RM of Excel No. 71 Zoning Bylaw No. 20-13
101
d) The building floor area for discretionary large accessory building s (workshops) may not
exceed 200m² (2150 ft²). All workshop-related activities shall be conducted within an enclosed
building. No exterior storage of materials, goods, or waste products is permitted, except within
a waste disposal bin for collection.
9.6
FENCE AND HEDGE HEIGHTS
a) No hedge, fence or other structure shall be erected past any property line.
b) No fence, hedge or other structure shall be erected to a height of more than:
i. 1.2 metres above grade level in a required front yard; and
ii. 2.4 metres above grade level in a required rear yard.
c) Except permitted accessory buildings, no other structure shall be erected to a height of more
than 2.0 metres.
d) No razor wire fences shall be allowed.
9.7
OUTDOOR STORAGE
a) The outdoor storage or collection of goods and materials is prohibited in a front yard in any
Hamlet District.
b) Outdoor storage is permitted in a side or rear yard in a Hamlet District only when the goods or
material being stored are clearly accessory and incidental to the principal use of the property.
c) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard. No yard shall be used for the storage or collection of
hazardous material.
e) Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating equipment and machin ery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
f)
Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
9.8
SIGNAGE REGULATIONS
The following permanent signage requirements will apply:
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1. 2 m².
b) In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling.;
c) No sign shall be located in any manner that may obstruct or jeop ardize the safety of the
public.
d) Temporary signs not exceeding 1 m² advertising the sale or lease of the prope rty or other
information relating to a temporary condition affecting the property are permitted.
9.9
KEEPING OF LIVESTOCK
a) Keeping of livestock shall be permitted in any Hamlet District (H) in accordance with the
municipality's Livestock Control Bylaw.
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102
10 HIGH PROFILE COMMERCIAL DISTRICT (HPC)
The purpose of the High Profile Commercial District (HPC) is to accommodate Highway-related
Commercial and light Industrial activities located primarily along provincial highways and municipal
roadways.
In the High Profile Commercial District (HPC), no person shall use
any land, building or structure or erect any building or structure
except in accordance with the following provisions:
10.1
PERMITTED USES
a) Uses, buildings and structures accessory to the principal building or use;
b) Offices and Professional Office Buildings;
c) General Commercial;
d) General Industry Type I;
e) Agricultural Commercial
f)
Service Stations, Car Wash or Gas Bar;
a) Hotels or Motels including a dwelling for caretakers, owners, or managers;
g) Market Gardens, Tree Nurseries;
l)
Lumber and building supply uses;
m) Home improvement centres;
n) Contractor's yard;
o) Sale, rental, leasing and associated servicing of automobiles, trucks, motorcycles and
recreational vehicles, industrial equipment and agricultural implements;
p) Small Scale Repair Services;
q) Greenhouses or landscape nursery stock farms (including sales of plants, trees, shrubs and
plant supplies such as fertilizers and related products);
r)
Veterinary clinics;
s) Tourist facilities;
t)
Self-Storage Facilities;
u) Energy and Communication service depots;
v) Intensive recreation uses (e.g. arenas, sports stadium) and similar uses;
w) Public works, buildings, and structures, warehouses and storage yards excluding solid and
liquid waste disposal facilities.
10.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the
discretionary use process as outlined in Section 3 and with regard to the discretionary use
criteria provided in Section 5 of this Bylaw.
HPC
RM of Excel No. 71 Zoning Bylaw No. 20-13
103
a) Bulk Fuel Sales and Storage;
b) Bulk Agricultural Chemical Distribution facilities;
c) General Industry Type II;
d) Animal Kennels and domestic animal boarding facilities;
e) Salvage Yards and Machine Wrecker Operations;
f)
Trucking Firm Establishments;
g) Auctioneering establishments;
h) Concrete and Asphalt Plants;
i)
Feed pelleting plants and Feed Mills;
j)
Seed cleaning plants;
k) Mobile Storage Containers including Sea and Rail Containers.
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
10.3
PROHIBITED USES
The following uses shall be strictly prohibited within the High Profile Commercial District (HPC):
a) All uses of buildings and land except those specifically noted as permitted or discretionary.
b) All uses of land, buildings or industrial processes that may be noxious or injurious, or
constitute a nuisance beyond the building which contains it by reason of the production or
emission of dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other similar
substances or conditions.
c) Dwelling units.
d) "Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the
Hazardous Substances and Waste Dangerous Goods Control Regulations of the Environmental
Management and Protection Act of Saskatchewan.
10.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectares (1 acre)
Maximum site area
4.0 hectares (10 acres) or greater depending upon physical
circumstances unique to the site
Minimum site frontage
30.0 metres
Minimum front yard
All buildings shall be set back a minimum of 45.0 metres
from the centre line of any developed road, municipal road
allowance or provincial highway and/or a minimum of 90 .0
metres from the intersection of the centre lines of any
municipal roads or provincial highway
RM of Excel No. 71 Zoning Bylaw No. 20-13
104
Minimum rear yard
7.6 metres or 25% of the depth of the site whichever is the
lesser.
Minimum side yard
7.6 metres except where a side yard abuts a municipal road
allowance or a provincial highway, in which case the front
yard requirements shall apply
Minimum setback for trees
shelterbelts and other
All shelterbelts, tree plantings, portable structures,
machinery and the storage of aggregate materials shall
comply with the same setback requirement as for buildings.
Public utilities, recreational,
Institutional land uses
Exempted from minimum frontage and site area
requirements.
10.5
ACCESSORY BUILDINGS AND USES
A permitted accessory use/building shall be defined as any building, structure or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
All accessory uses, buildings or structures require the submission of an application for a
Development Permit prior to commencing the use or construction unless it is identified as
exempt from this process in Section 3 of the General Administration of this Bylaw.
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
10.6
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
The Development Officer may require a greater setback for a permitted or discretionary use
if it is deemed that the use may substantially interfere with the safety and amenity of
adjacent sites.
Any existing parcel which does not conform to the minimum or maximum site area
requirement shall be deemed conforming with regard to site area, provided that a
registered title for the site existed at Information Services Corporation (Land Titles Office)
prior to the coming into force of this Bylaw.
Commercial parcels may be exempted from these requirements in the case of a parcel
physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline
or transmission line, development, or natural features, such as watercourses or water
bodies in which case there shall be no maximum site area.
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105
No development or use of land shall be permitted where the proposal will adversely affect
domestic or municipal water supplies, or where a suitable, potable water su pply cannot be
furnished to the requirements of the local District Health Authority and/or Sask
Environment.
Notwithstanding any other requirements contained in this Bylaw, Service Stations shall
locate underground storage tanks in accordance with The Fire Protection Act.
The Development Officer may allow a building to be occupied by a combination of one or
more of the permitted or discretionary uses listed within this Zoning District; however each
use shall obtain a separate Development Permit.
All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of Council.
10.7
PARKING REQUIREMENTS
10.8
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispat ch by vehicles of
materials, goods, or merchandise, adequate space for such vehicles to stand for loading and
unloading without restricting access to all parts of the site shall be provided on the site.
Off-Street Loading Spaces
Commercial Use
One (1) parking space for every 18m² of gross
floor area; minimum five spaces.
Industrial Use
One and one-half (1.5) parking spaces for every
90m² of gross floor area, but there shall not be
less than one (1) parking space for every three
(3) employees.
Width
5.5 metres
Length
12 metres
Height Clearance
4.2 metres
RM of Excel No. 71 Zoning Bylaw No. 20-13
106
Required Loading Spaces
10.9
LANDSCAPING REQUIREMENTS
In addition the requirements contained within Section 4.12 of the General Regulations,
where a Commercial site abuts any Country Residential district, Town, Village or Hamlet,
without an intervening road, there shall be a strip of land adjacent to the abutting site line
of not less than 3.0 metres in depth throughout, which shall not be used for any purpose
except landscaping.
10.10 OUTSIDE STORAGE
Outdoor storage is permitted in side and rear yards.
The storage and display of goods shall be permitted in a front yard where it is deemed
essential to facilitate a permitted or approved discretionary use.
All outdoor commercial displays shall be a minimum of 5.0 metres from any site line and
not block the vision of drivers both on site and within a sight triangle.
All outdoor storage must be screened from view from adjacent roadways and public lands
by a solid fence, landscape materials, berm, vegetative plantings or any combination of the
above at least 2.0 metres in height.
Commercial vehicles and equipment associated with a permitted use may be stored on -site
provided the area used for storage of these vehicles does not exceed the area of the
building used by the business to carry out its operations. No vehicles, materials or
equipment shall be in a state of disrepair.
Mobile Storage containers may be accommodated for warehousing or storage purposes
under the following conditions:
a) Shall require a Development Permit and must re-apply for a Development Permit every five (5) years
b) must be properly anchored;
c)
shall be located a minimum of 3.0 metres from the primary building and behind the rear wall of the primary
building;
Between 93m² and 800m² of gross floor space
1 space
Between 801m² and 5,500 m² of gross floor space
2 spaces
Between 5,501m² and 10,000m² of gross floor space
3 spaces
Greater than 10,000m² of gross floor area
3 spaces plus one for each additional 4,000m² of
gross floor area or fraction thereof.
RM of Excel No. 71 Zoning Bylaw No. 20-13
107
d) containers determined by the Rural Municipality to be unsightly, misused, unsafe, or inappropriate in any way,
must be removed at the owner's expense within a time period specified by the RM;
e) must meet the National Building Code Standards as applicable.
10.11 AUTOMOTIVE SERVICE USES AND GAS PUMPS
Automotive service development and gas pumps and associated buildings, structure and vehicular
movement shall confirm to the following standards:
a) Gas pumps and islands shall be set back 6.0 metres from any site line;
b) Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
c) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations;
d) Access/egress points shall not be continuous along a street and shall be separated by at least
10 metres (32 feet);
e) Traffic circulation for auto-related services shall be accommodated on the site;
f)
Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by the
Development Officer.
10.12 OILFIELD SUPPLY AND SERVICE, BULK PETROLEUM STORAGE AND
AGRICHEMICAL STORAGE SITES
a) All operations shall comply with all regulations of Sask Environment and Public Safety
governing their development and operation.
b) Bulk petroleum storage tanks are to be located in accordance with the National Fire Code of
Canada, 1990, as amended from time to time.
c) Agrichemical sales and storage facilities are to be constructed and operated in compliance
with The Agrichemical Warehouse Standards Association's Warehousing Audit Protocols and
User Guide, as amended from time to time.
10.13 SIGNAGE REGULATIONS
All developments shall comply with Section 4.32 General Regulations.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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11 INDUSTRIAL DISTRICT (IND)
The purpose of the Industrial District (IND) is to facilitate the development of light , and heavy
industrial activities located primarily along provincial highways and
municipal roadways.
In any Industrial District (IND), no person shall use any land,
building or structure or erect any building or structure except in
accordance with the following provisions:
11.1
PERMITTED USES
a) General Industry Type I;
b) General Industry Type ll;
c) Agricultural Industry;
d) Uses and buildings accessory to the principal building or use;
e) Agricultural Commercial;
f)
Seed processing and cleaning activities;
g) Feed mills and Feed pellet plants;
h) Trucking Firm Establishments;
i)
Storage Yards(excluding asphalt or cement plants);
j)
Contractor's Yard;
k) Aggregate storage;
l)
Salvage Yards and Machine Wrecker Operations;
m) Energy and Communication service depots and facilities;
n) Warehouses, supply depots and similar uses;
o) Mobile Storage Containers including Sea and Rail Containers;
p) Public works, buildings, and structures, warehouses and storage yar ds excluding liquid and
solid waste disposal facilities.
11.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the
discretionary use process as outlined in Section 3 and with regard to the discretionary use
criteria provided in Section 5 of this Bylaw.
a) General Industry Type lll;
b) Ethanol plants;
c) Fertilizer plants;
d) Agricultural supply depots;
e) Grain storage terminals and elevators;
f)
Bulk petroleum Sales and Storage;
g) Bulk Agricultural Chemical Distribution Facilities;
h) Petroleum or Mineral processing facilities;
IND
RM of Excel No. 71 Zoning Bylaw No. 20-13
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i)
Metallic or non-metallic mineral (e.g. Potash) mines or extraction facilities including pumping
stations;
j)
Service Stations, Car Wash or Gas Bar;
k) Sale, rental, leasing and associated servicing of farm machinery, automobiles, trucks,
motorcycles and recreational vehicles, industrial equipment and agricultural implements;
l)
Restaurants;
m) Asphalt or cement plants;
n) Auctioneering establishments;
o) Oilfield equipment parking lot and staging area;
p) Livestock holding stations;
q) Anhydrous Ammonia Storage and Distribution;
r)
Bulk Propane Storage and Distribution;
s) Abattoirs, Poultry eviscerating and processing/packing plants;
t)
Solid and Liquid Waste Disposal Facility.
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
11.3
PROHIBITED USES
The following uses shall be strictly prohibited within an Industrial District (IND):
a) All uses of land, buildings or processes that may be noxious or injurious, or constitute a
nuisance beyond the building which contains it by reason of the production or emission of
dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other s imilar substances or
conditions;
b) Dwelling units; and
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
11.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.8 hectares (2 acres). The minimum site size may be reduced based
on physical circumstances unique to the site.
Minimum site frontage
30.0 metres
Minimum front yard
All buildings shall be set back a minimum of 46.0 metres from the
centre line of any developed road, municipal road allowance or
provincial highway and/or a minimum of 90.0 metres from the
intersection of the centre lines of any municipal roads or provincial
highway.
Minimum rear yard
15.0 metres or 25% of the depth of the site whichever is the lesser
Minimum side yard
15.0 metres except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard requirements shall
RM of Excel No. 71 Zoning Bylaw No. 20-13
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apply
Minimum setback for
trees, shelterbelts and
other
All shelterbelts, tree plantings, portable structur es, machinery and
the storage of aggregate materials shall comply with the same
setback requirement as for buildings.
Public utilities or
recreational land uses
Exempted from minimum frontage and site area requirements.
11.5
ACCESSORY BUILDINGS AND USES
A permitted accessory use/building shall be defined as any building , structure or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
All accessory uses, buildings or structures require the submission of an application for a
Development Permit prior to commencing the use or construction unless it is identified as
exempt from this process in Section 3 of the General Administration of this Bylaw.
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
11.6
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
The Development Officer may require a greater setback for a permitted or discre tionary use
if it is deemed that the use may substantially interfere with the safety and amenity of
adjacent sites.
Any parcel which does not conform to the minimum or maximum site area requirement shall
be deemed conforming with regard to site area, provided that a registered title for the site
existed at Information Services Corporation (Land Titles Office) prior to the coming into
force of this Bylaw.
Industrial parcels may be exempted from these requirements in the case of a parcel
physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline
or transmission line, development, or natural features, such as watercourses or water
bodies, in which case there shall be no maximum site area. Existing industrial parcels may
be enlarged to include adjoining land physically severed as a result of the above noted
barriers.
No development or use of land shall be permitted where the proposal will adversely affect
domestic or municipal water supplies, or where a suitable, potable water supply cannot be
furnished to the requirements of the local District Health Authority and/or Sask
Environment.
RM of Excel No. 71 Zoning Bylaw No. 20-13
111
Notwithstanding any other requirements contained in this Bylaw, Service Stations shall
locate underground storage tanks in accordance with The Fire Protection Act.
The Development Officer may allow a building to be occupied by a combination of one or
more of the permitted or discretionary uses listed within this Zoning District; however, each
use shall obtain a separate Development Permit.
Where the use of the building or site involves the receipt, distribution or dispatch by
vehicles of materials, goods or merchandise, adequate dedicated and clearly defined space
for such vehicles to stand for unloading or loading shall be provided on site.
All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of Council.
11.7
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of
materials, goods, or merchandise, adequate space for such vehicles to stand for loading and
unloading without restricting access to all parts of the site shall be provided on the site.
On-Site Loading Spaces
Required Loading Spaces
Width
5.5 metres
Length
12 metres
Height Clearance
4.2 metres
Between 93m² and 800m² of gross floor space
1 space
Between 801m² and 5,500 m² of gross floor space
2 spaces
Between 5,501m² and 10,000m² of gross floor space
3 spaces
Greater than 10,000m² of gross floor area
3 spaces plus one for each additional 4,000m² of
gross floor area or fraction thereof.
RM of Excel No. 71 Zoning Bylaw No. 20-13
112
11.8
PARKING REQUIREMENTS
11.9
LANDSCAPING REQUIREMENTS
In addition the requirements contained within Section 4.12 of the General Regulations
where an Industrial site abuts any Country Residential, Town, Village or Hamlet District,
without an intervening road, there shall be a strip of land adjacent to the abutting site line
of not less than 3.0 metres in depth throughout, which shall not be used for any purpose
except landscaping.
11.10 OUTDOOR STORAGE
Outdoor storage is permitted in side and rear yards.
Open air operations, storage and display of goods or material are prohibited in any front
yard. The storage and display of goods shall be permitted in a front yard where it is
deemed essential to facilitate a permitted or approved discretionary use.
All outside storage shall be fenced and where the area abuts a Hamlet, Village or Country
residential area without an intervening street or lane, the storage area shall be screened
with a solid fence or hedge at least 2.0 metres in height;
A space to be used exclusively for garbage storage and pickup, having minimum dimension
of 3.0 metres by 6.0 metres shall be provided on each site to the satisfaction of the
Development Officer.
All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material,
and similar articles and materials shall be stored within a building or suitably screened
from public view.
Industrial vehicles and equipment associated with a permitted use may be stored on-site
provided the area used for storage of these vehicles does not exceed the area of the
building used by the business to carry out its operations.
Access to lots shall be located to ensure that heavy truck traffic is directed to designated
truck routes.
Commercial Use
One (1) parking space for every 18m² of gross floor area; minimum
five spaces.
Industrial Use
One and one-half (1.5) parking spaces for every 90m² of gross floor
area, but there shall not be less than one (1) parking space for
every three (3) employees.
RM of Excel No. 71 Zoning Bylaw No. 20-13
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Mobile Storage containers may be accommodated for warehousing or storage purposes
under the following conditions:
a) Shall require a Development Permit and must re-apply for a Development Permit every five (5)
years
b) must be properly anchored;
c) shall be located a minimum of 3.0 metres from the primary building and behind the rear wall
of the primary building;
d) containers determined by the Rural Municipality to be unsightly, misused, unsaf e, or
inappropriate in any way, must be removed at the owner's expense within a time period
specified by the RM;
e) must meet the National Building Code Standards as applicable.
11.11 OILFIELD SUPPLY AND SERVICE, BULK PETROLEUM STORAGE AND
AGRICHEMICAL STORAGE SITES
a) All operations shall comply with all regulations of Sask Environment and Public Safety
governing their development and operation.
b) Bulk petroleum storage tanks are to be located in accordance with the National Fire Code of
Canada, 1990, as amended from time to time.
c) Agrichemical sales and storage facilities are to be constructed and operated in compliance
with The Agrichemical Warehouse Standards Association's Warehousing Audit Protocols and
User Guide, as amended from time to time.
11.12 PERFORMANCE STANDARDS
a) An industrial operation including production, processing, cleaning, testing, repairing, storage
or distribution of any material shall conform to the following standards:
b) Noise - emit no noise of industrial production audible beyond the boundary of the lot on which
the operation takes place;
c) Smoke - no process involving the use of solid fuel is permitted;
d) Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
e) Odour - the emission of any odorous gas or other odourous matter is prohibited;
f)
Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
g) Glare or heat - no industrial operation shall be carried out that would produce glare or heat
discernible beyond the property line of the lot;
h) External storage - external storage of goods or material is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall to the satisfaction of the authority
having jurisdiction. No storage shall be permitted in the front yard;
i)
Industrial wastes - waste which does not conform to the standards established from time to
time by Rural Municipal Bylaws shall not be discharged into any municipal lagoons ; and
j)
The onus of proving to the authority having jurisdiction and Council' s satisfaction that a
proposed development does and will comply with these requirements rests with the developer.
RM of Excel No. 71 Zoning Bylaw No. 20-13
114
11.13 SIGNAGE REGULATIONS
All developments shall comply with Section 4.32 General Regulations.
RM of Excel No. 71 Zoning Bylaw No. 20-13
115
12 ENVIRONMENTALLY SENSITIVE LANDS OVERLAY
The Intent of this Overlay Area is to restrict development in areas
that are considered environmentally sensitive. The following
regulations are intended to apply supplementary standards for
development in areas designated as having potential environmental
sensitivities or natural hazards conditions (unstable slopes,
flooding).
12.1
OVERLAY DISTRICT REGULATIONS
All the Regulations of the District, which underlies the ES District, shall be used by Council
as a guideline in establishing conditions, which may be applied to location-sensitive
Development Permits for the specific use being requested.
Where a proposed development of a new use and any required access driveway is located
within 150.0 metres of an area defined as Environmentally Sensitive land in the OCP or as
an Environmentally Sensitive (ES) Overlay District on the Zoning Map and on OCP
Reference Maps, which may be updated from time to time. Council may require the
applicant to submit sufficient topographic or other information to determine if the
development will occur on any slopes that may be unstable, or within any river or stream
flood plain, or other land that may be subject to flooding.
Identified actions for hazard avoidance, prevention, mitigation or remedy for any
development proposed in an ES Overlay District may be incorporated as special conditions
of a Development Permit. Where such special conditions conflict with any other regulation
of this Bylaw, the special conditions shall take precedence. 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 may result in excessive costs for the Municipality.
No person shall within an Environmentally Sensitive Lands Overlay District use any land or
erect, alter or use any building or structure, except in accordance with the following
provisions.
12.2
PERMITTED USES
a) Agricultural uses, but not including buildings and structures accessory thereto; and do es not
include irrigation works or Intensive Livestock Operations;
a) Recreational uses;
b) Wildlife habitats and sanctuaries.
ES
RM of Excel No. 71 Zoning Bylaw No. 20-13
116
12.3
DISCRETIONARY USES
The following uses may be permitted only by resolution of Council and only in locations specified
by Council:
a) One detached one unit dwelling, RTM or modular home following the placement thereof on a
permanent foundation, and buildings accessory thereto subject to appropriate site
development regulations (slope instability or flood proofing);
b) Home occupations; and
c) Large accessory buildings.
12.4
SITE DEVELOPMENT REGULATIONS FOR SLOPE INSTABILITY AREAS
No new development shall be permitted in any readily eroded or unstable slope area if the
proposed development will be affected by or increase the potential hazard presented by
erosion or slope instability.
Any application for a Development Permit on any parcel of land that lies wholly or partially
within an area identified in the "Environmentally Sensitive Lands Overlay Area" must be
accompanied by a detailed site analysis prepared by a geotechnical engineer registered in
the Province of Saskatchewan. The site analysis shall indicate topography, surface
drainage, geological, and geotechnical conditions at the site of the proposed development
and related to the conditions of the general area as they relate to sl ope instability and
erosion hazards.
The geotechnical engineer shall answer the following questions:
a) Will the proposed development be detrimentally affected by natural erosion or slope
instability?
b) Will the proposed development increase the potential for erosion or slope instability that
may affect the proposed development, or any other property?
Unless the geotechnical engineer can answer "no" in response to both of the above
questions, further analysis will be required. The required analysis must define the hazard
as it may affect the proposed development and any other potentially affected property. The
engineering report will identify hazard mitigation measures including engineered works and
other measures deemed to be effective in eliminating or managing anticipated erosion and
slope stability impacts, and will identify and explain known and suspected residual hazards.
The responsibility for monitoring and responding to monitored findings shall be resolved
before approval is granted.
A Development Permit shall not be issued unless the report on the site, presented by the
professional consultant, indicates that the site is suitable for development or outlines
suitable mitigating measures and documents residual hazard.
If such an evaluation is not done, or having been done, Council determines that excessive
remedial or servicing measures are necessary to safely and efficiently accommodate the
RM of Excel No. 71 Zoning Bylaw No. 20-13
117
proposed development and Council shall not be required to approve the application for
development.
Where a parcel of land borders on or contains a water body, the setback from the bank of
the water body shall be determined by the Municipality but shall not be less than 30.0
metres from a water body of 8 hectares (20 acres) or more.
12.5
SITE DEVELOPMENT REGULATIONS FOR FLOOD HAZARD
CAUTIONARY AREAS
For all proposed development in this cautionary area, the developer shall be responsible to
obtain and determine the 1:500 year Estimated Peak Water Level to determine the Safe
Building Elevation. The Saskatchewan Water Security Agency will assist and provide
comment when possible or the developer shall be responsible for the cost.
No person shall use any land, erect, alter or use any building or structure within a Flood
Hazard land area without a Development Permit. A Development Permit shall not be issued
for any land use, erection, alteration or use of any building or structure unless the
site/development meets approved flood proofing measures to the 1:500 flood design
elevation.
No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on these lands nor plant any vegetation parallel to the waterflow.
"Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the
Hazardous Substances and Waste Dangerous Goods Control Regulations of the
Environmental Management and Protection Act of Saskatchewan.
RM of Excel No. 71 Zoning Bylaw No. 20-13
118
13 REPEAL AND ADOPTION
This Bylaw No.20-13 is adopted pursuant to Section 46 and 75 of The Planning and Development
Act, 2007, and shall come into force on the date of final approval by the Minister.
Read a First time this
day of
2013.
Read a Second time this
day of
2014.
Read a Third time and adopted this
day of
2014.
_________________________
Reeve
S E A L
_________________________
Rural Municipal Administrator
RM of Excel No. 71 Zoning Bylaw No. 20-13
119
APPENDIX "A"
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
Every Development Permit application shall include:
1.
Application Form
A completed application form.
2.
Site Plan
Two copies of a proposed development site plan showing, with labels, the following existing and
proposed information (as the case may be):
a) a scale and north arrow;
b) a legal description of the site;
c) mailing address of owner or owner's representative;
d) site lines and required site line setbacks;
e) front, rear, and side yard requirements;
f)
site topography and special site conditions (which may require a contour map), including ponds,
streams, other drainage runs, culverts, ditches, and any other drainage features;
g) the location of any buildings, structures, easements, and dimensioned to the site lines ;
h) the location and size of trees and other vegetation, especially natural vegetation.
i)
proposed on-site and off-site services;
j)
landscaping and other physical site features;
k) a dimensioned layout of parking areas, entrances, and exits;
l)
abutting roads and streets, including service roads and alleys;
m) an outline, to scale, of adjacent buildings on adjoining sites,
n) the use of adjacent buildings and any windows overlooking the new proposal;
o) fencing or other suitable screening;
p) garbage and outdoor storage areas; and
q) other, as required by the Development Officer or Council to effectively administer this Bylaw.
3.
Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed
development.
4.
Landscape Plan
A landscape plan showing, with labels, the following:
a) the existing topography;
b) the vegetation to be retained and/or removed;
c) the type and layout of:
i)
hard (e.g., structures) and soft (e.g.vegetation and landscaping);
ii) the open space system, screening, berms, slopes; and
RM of Excel No. 71 Zoning Bylaw No. 20-13
120
iii) other, as required, to effectively administers this Bylaw.
d) areas to be damaged or altered by construction activities and proposed methods of restora tion;
e) a schedule of site stripping and grading, construction, and site restoration, including methods to
be employed to reduce or eliminate erosion by wind, water, or by other means; and
historical and archaeological heritage resources and management are as.
5.
Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to the
following features within three (3) kilometres:
a) nearby municipal roads, highways and railways,
b) urban Municipalities or country residential developments,
c) significant physical features, environmentally sensitive areas, and more or less pristine natural
areas or features, especially undisturbed grassland, wooded ravines, and water feature or stream
courses,
d) critical wildlife habitat and management areas,
e) mineral extraction resources and management areas, and
f)
other as required, to effectively administer this Bylaw.
6.
Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7.
Valid Interest
Development Permit applicants shall be required to provide information, to the Development Officer's
or Council's satisfaction, that they have a current, valid interest in the land proposed for development.
Proof of current valid interest may include:
a) proof of ownership;
b) an agreement for sale;
c) an offer or option to purchase;
d) a letter of purchase;
e) a lease for a period of more than ten(10) years; and/or
f)
other, as determined and accepted by Council, or the Development Officer.
8.
Site Description
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional
Community Planner and signed by the registered site owner or appointed agent;
b) A Site Plan that identifies setbacks, neighbouring buildings and any natural features accompanied
by an accurate sketch and air photo image (ie google image); and
c) Photographic Information and photographs showing the site in its existing state.
RM of Excel No. 71 Zoning Bylaw No. 20-13
121
d) Council may refer the application to whichever Government Agencies, adjacent
municipalities or other interested groups, as Council may consider appropriate. Council
also may require the application to be reviewed by planning, engineering, legal, or other
professionals, with the cost of this review to be borne by the applicant.
RM of Excel No. 71 Zoning Bylaw No. 20-13
122
APPENDIX "B"
Rural Municipality of Excel No. 71
Application for a Development Permit
a) Name:_______________________________________________
b) Address:_____________________________________________ Postal Code:_______________
c) Telephone Number: ___________________________________ Cell phone:
2. Registered Owner: as above, or:
a) Name:_______________________________________________
b) Address:_____________________________________________ Postal Code:___________________
c) Telephone Number: ___________________________________
3. Property: Legal Description
Legal Land Location__________________________________________________________
Lot(s)_____________Block_______________Reg. Plan No._________________
4. Lot Size:
Dimensions__________________________Area___________________________
5. Existing Land Use:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
7. Proposed date of Commencement:__________________________________
Proposed date of Completion:_____________________________________ ___
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123
8. Other Information:
____________________________________________________________________________________
____________________________________________________________________________________
9. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing,
with labels, the following existing and proposed information:
a) a scale and north arrow,
b) a legal description of the site,
c) mailing address of owner or owner's representative,
d) site lines,
e) Bylaw site line setbacks,
f)
front, rear, and side yard requirements,
g) site topography and special site conditions (which may require a contour map), including ponds,
streams, other drainage runs, culverts, ditches, and any other drainage features,
h) the location of any buildings, structures, easements, and dimensioned to the site lines,
i)
the location and size of trees and other vegetation, especially natural vegetation, street trees, and
mature growth,
j)
proposed on-site and off-site services,
k) landscaping and other physical site features,
l)
a dimensioned layout of parking areas, entrances, and exits,
m) abutting roads and streets, including service roads and alleys,
n) an outline, to scale, of adjacent buildings on adjoining sites,
o) the use of adjacent buildings and any windows overlooking the new pr oposal,
p) fencing or other suitable screening,
q) garbage and outdoor storage areas,
r)
other, as required by the Development Officer or Council to effectively administer this Bylaw.
10. Mobile Homes: C.S.A.Z240 Approval Number (from Black and Silver Sticker)
Mobile Home date of Manufacture: ________________________
11. Declaration of Applicant:
I, ___________________________________of the ____________________________of
_____________________________in the Province of Saskatchewan, do Solemnly declare that the above
statements contained within the application are true, and I make this solemn declaration conscientiously
believing it to be true, and knowing that it is of the same force and effect as if ma de under oath, and by virtue
of "The Canada Evidence Act."
I agree to indemnify and hold harmless the Rural Municipality of Excel No. 71 from and against any claims,
demands, liabilities, costs and damages elated to the development undertaken pursuant to t his application.
RM of Excel No. 71 Zoning Bylaw No. 20-13
124
Date: ______________________________ Signature:______________________________
RM of Excel No. 71 Zoning Bylaw No. 20-13
125
APPENDIX "C"
Rural Municipality of Excel No. 71
Notice of Decision for a Development Permit or Zoning Bylaw Amendment
To: ___________________________ ____________________________________________
(Applicant)
(Address)
This is to advise you that your application for a :
____Permitted Use or Form of Development, or
____Discretionary Use or Form of Development, or
____Request for a Zoning Bylaw Amendment
Has Been:
____Approved.
____Approved subject to conditions or Development Standards, as listed in the attached schedule
____Refused for the following reason:
_________________________________________________________ ___________________________
____________________________________________________________________________________
_______________________________________________________________________________
If your application has been approved with or without conditions, this form is considered to be the
Development Permit granted pursuant to the Zoning Bylaw.
RM of Excel No. 71 Zoning Bylaw No. 20-13
126
Right of Appeal
Please be advised that under Section 219 of The Planning and Development Act, 2007:
___ you may Not appeal the refusal of your application for a use or form of development that is not permitted
within the zoning district of the application.
____you may NOT appeal the refusal of your application for a discretionary use or form of developmen t
____you may NOT appeal the refusal of your application for an amendment to the zoning Bylaw
____you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of
form of development, or
____you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the
Zoning Bylaws in the issuing of this permit.
Your Appeal must be submitted in writing within 30 days of the date of this notice to :
Secretary, Development Appeals Board
Date: _________________________________ _____________________________________
Development Officer
Note:
This Permit expires 12 months from the date of issue.
A Building Permit is also required for a building construction.
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127