Rural Municipality of Francis No. 127, Saskatchewan
This is the exact embedded text of the captured official document.
Snapshot eb34b3cda610 · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
0
RURAL MUNICIPALITY OF FRANCIS NO. 127
ZONING BYLAW NO. 2012-3
,
Consolidated to February 13, 2025
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
1
Amendments to Zoning Bylaw # 2012-3
Bylaw No. 2016-01
Adopted January 6, 2016
-
Amend Section 2.0 Definitions with an updated 2.0 Definition Section.
-
Amend the Agricultural Resource District (AR) by adding (m) Mineral Resource
Extraction to the Permitted Uses.
-
Add Section 16.0 Mineral Resource Extraction Overlay District (MRE).
-
Amend the Zoning Bylaw Map by adding Mineral Resource Extraction Overlay
District (MRE) to Map Legend.
Bylaw No. 2019-12
Adopted August 8, 2019
-
Amend Section 2.0 Definitions by adding "Solar Farms".
-
Amend Section 7.0 Agricultural Resource District (AR) by adding to Section 7.2
Discretionary Uses clause 7.2 (y) Solar Farms.
-
Add Section 7.11 SOLAR FARMS - Development Standards.
Bylaw No. 2025-01
Adopted February 13, 2025
-
Amend Section 2.0 Definitions by adding "Temporary Tower".
-
Amend Section 5.0 Discretionary Use Standards for Development by adding to
Section 5.14 height limits for temporary towers.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
2
CONTENTS
1.0 INTRODUCTION ........................................................................................................................... 8
1.1
AUTHORITY ............................................................................................................. 8
1.2
TITLE ...................................................................................................................... 8
1.3
PURPOSE ................................................................................................................ 8
1.4
SCOPE .................................................................................................................... 8
1.5
SEVERABILITY .......................................................................................................... 8
2.0 DEFINITIONS ............................................................................................................................... 9
3.0 ADMINISTRATION AND INTERPRETATION ................................................................................... 56
3.1
DEVELOPMENT OFFICER ......................................................................................... 56
3.2
COUNCIL ............................................................................................................... 56
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ............................................................ 56
3.4
DEVELOPMENT NOT REQUIRING A PERMIT .............................................................. 57
3.5
CONCEPT PLANS(Comprehensive Development Proposals) ....................................... 58
3.6
DEVELOPMENT PERMIT PROCEDURE ....................................................................... 58
3.7
DISCRETIONARY USE APPLICATION PROCEDURE ....................................................... 59
3.8
REFUSAL OF DEVELOPMENT PERMIT APPLICATION ................................................... 61
3.9
DEVELOPMENT APPEALS BOARD ............................................................................. 62
3.10
DEVELOPMENT PERMIT APPLICATION FEES .............................................................. 62
3.11
DISCRETIONARY USE APPLICATION FEES .................................................................. 62
3.12
FEE FOR ZONING AMENDMENT APPLICATION........................................................... 63
3.13
HOLDING ZONE PROVISIONS ................................................................................... 63
3.14
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES .......................................................................................................... 63
3.15
REFERRAL UNDER THE PUBLIC HEALTH ACT ............................................................. 63
3.16
MINOR VARIANCES ................................................................................................ 64
3.17
NON-CONFORMING BUILDINGS, USES AND SITES ..................................................... 65
3.18
DEVELOPMENT PERMIT - INVALID .......................................................................... 65
3.19
CANCELLATION ...................................................................................................... 66
3.20
STOP-WORK .......................................................................................................... 66
3.21
INTERPRETATION ................................................................................................... 66
3.22
OFFENCES AND PENALTIES ..................................................................................... 66
3.23
INSPECTION OF PREMISES ...................................................................................... 66
3.24
BYLAW COMPLIANCE ............................................................................................. 67
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
3
3.25
MOVING OF BUILDINGS.......................................................................................... 67
3.26
DEMOLITION OF BUILDINGS ................................................................................... 67
3.27
TEMPORARY DEVELOPMENT PERMITS ..................................................................... 67
3.28
DEVELOPMENT AGREEMENTS ................................................................................. 67
3.29
SERVICING AGREEMENTS ....................................................................................... 68
3.30
PERFORMANCE BONDS ........................................................................................... 68
3.31
LIABILITY INSURANCE ............................................................................................ 68
3.32
CAVEATS ............................................................................................................... 68
4.0 GENERAL REGULATIONS ............................................................................................................ 69
4.1
LICENSES,PERMITSAND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ........... 69
4.2
PRINCIPAL USE ESTABLISHED .................................................................................. 69
4.3
MULTIPLE USES ..................................................................................................... 70
4.4
ACCESSORY BUILDINGS, USES AND STRUCTURES ...................................................... 70
4.5
USES PERMITTED IN ALL ZONING DISTRICTS............................................................. 70
4.6
RESTORATION TO A SAFE CONDITION ...................................................................... 71
4.7
GRADING AND LEVELING OF SITES .......................................................................... 71
4.8
RESTRICTIONS ON CHANGES ................................................................................... 71
4.9
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ............................................... 71
4.10
HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT ..................................... 72
4.11
FENCE AND HEDGE HEIGHTS ................................................................................... 72
4.12
LANDSCAPE BUFFERS ............................................................................................. 73
4.13
HEIGHT OF BUILDINGS ........................................................................................... 73
4.14
BUILDING AND SITE MAINTENANCE......................................................................... 73
4.15
PROHIBITED AND NOXIOUS USES ............................................................................ 74
4.16
KEEPING OF DOMESTIC ANIMALS ............................................................................ 74
4.17
PUBLIC UTILITIES AND MUNICIPAL SERVICES ........................................................... 74
4.18
CLOSINGS ............................................................................................................. 75
4.19
ROADWAYS ........................................................................................................... 75
4.20
FRONTAGE,SET-BACK AND ACCESS .......................................................................... 75
4.21
APPROACHES ........................................................................................................ 76
4.22
RAILWAY CROSSINGS AND SIGHT DISTANCES ........................................................... 76
4.23
SIGHT TRIANGLE .................................................................................................... 76
4.24
DEVELOPMENT ALONG PIPELINES and GAS TRANSMISSION LINES .............................. 77
4.25
COMMUNICATION TOWERS .................................................................................... 78
4.26
DISPOSAL OF WASTES ............................................................................................ 78
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
4
4.27
DEVELOPMENT ALONG RIVERBANKS AND HAZARD LANDS ......................................... 79
4.28
USES OR OBJECTS PROHIBITED OR RESTICTED IN YARDS ........................................... 79
4.29
VEHICLE STORAGE ................................................................................................. 80
4.30
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS .................................................... 80
4.31
LIGHTING .............................................................................................................. 80
4.32
SIGNAGE ............................................................................................................... 81
4.33
ZONING DISTRICT SIGN REGULATIONS ..................................................................... 82
4.34
LOADING REQUIREMENTS ...................................................................................... 83
4.35
PARKING ............................................................................................................... 83
5.0 DISCRETIONARY USE STANDARDS FOR DEVELOPMENT ............................................................. 86
5.1
HOME BASED BUSINESSES AND OCCUPATIONS ......................................................... 86
5.2
GARDEN SUITES ..................................................................................................... 86
5.3
RESIDENTIAL CARE HOMES ..................................................................................... 87
5.4
SALVAGE YARDS (AUTO WRECKERS) ........................................................................ 88
5.5
AUTOMOTIVE SERVICE USES AND GAS PUMPS ......................................................... 88
5.6
CAMPGROUNDS..................................................................................................... 88
5.7
BED & BREAKFAST HOMES ...................................................................................... 89
5.8
ANIMAL KENNELS .................................................................................................. 90
5.9
HARVEST PRESERVES (GAME FARMS) ...................................................................... 90
5.10
AGRICULTURAL TOURISM USES ............................................................................... 91
5.11
EQUESTRIAN FACILITIES ......................................................................................... 91
5.12
SOLID & LIQUId WASTE DISPOSAL FACILITIES ........................................................... 91
5.13
SMALL WIND ENERGY SYSTEMS .............................................................................. 92
5.14
TOWERS ............................................................................................................... 93
6.0 ZONING DISTRICTS AND ZONING MAPS ...................................................................................... 94
6.1
ZONING DISTRICTS ................................................................................................ 94
6.2
ZONING DISTRICT MAPS ......................................................................................... 94
6.3
BOUNDARIES OF ZONING DISTRICTS ........................................................................ 94
7.0 AGRICULTURAL RESOURCE DISTRICT (AR) ................................................................................ 95
7.1
Permitted Uses ..................................................................................................... 95
7.2
Discretionary Uses ................................................................................................ 95
7.3
Accessory Buildings and Uses ................................................................................. 96
7.4
Subdivision and Site Regulations ............................................................................ 96
7.5
Supplementary Development Standards .................................................................. 97
7.6
Accessory Agricultural Residence ........................................................................... 99
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
5
7.7
Intensive Livestock Operations .............................................................................. 99
7.8
Aggregate AND MINERAL Extraction ...................................................................... 101
7.9
Wind Turbines ..................................................................................................... 102
7.10
Signage Regulations ............................................................................................. 103
8.0 COUNTRY RESIDENTIAL DISTRICT (CR1) ................................................................................. 105
8.1
Permitted Uses .................................................................................................... 105
8.2
Discretionary Uses ............................................................................................... 105
8.3
Prohibited Uses ................................................................................................... 105
8.4
Accessory Buildings and Uses ................................................................................ 106
8.5
Subdivision and Site Regulations ........................................................................... 106
8.6
Supplementary Regulations or Special Provisions ................................................... 107
8.7
Front Yard Reduction ........................................................................................... 107
8.8
Frontage for Irregular Sites................................................................................... 107
8.9
Permitted Yard Encroachments ............................................................................. 108
8.10
Keeping of Livestock............................................................................................. 108
8.11
Swimming Pool Regulations .................................................................................. 108
8.12
Temporary Uses ................................................................................................... 109
8.13
Signage Regulations ............................................................................................. 109
9.0 HAMLET RESIDENTIAL DISTRICT-H ........................................................................................... 110
Permitted Uses ............................................................................................................... 110
Discretionary Uses .......................................................................................................... 110
Prohibited Uses .............................................................................................................. 110
Accessory Buildings and Uses .............................................................................................. 110
Subdivision and Site Regulations .......................................................................................... 111
Signage .......................................................................................................................... 112
Fence and Hedge Heights ................................................................................................ 112
Outdoor Storage ............................................................................................................. 112
Keeping of Livestock ....................................................................................................... 113
10.0
PRESTIGE HIGHWAY CORRIDOR COMMERCIAL/INDUSTRIAL DISTRICT (PHC) .................... 114
10.1
Permitted Uses .................................................................................................... 114
10.2
Discretionary Uses ............................................................................................... 114
10.3
Prohibited Uses ................................................................................................... 115
10.4
Accessory Buildings and Uses ................................................................................ 115
10.5
Subdivision and Site Regulations ........................................................................... 115
10.6
Supplementary Regulations or Special Provisions ................................................... 115
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
6
10.7
Landscaping ......................................................................................................... 116
10.8
Outdoor Storage .................................................................................................. 116
10.9
Performance Standards ........................................................................................ 117
10.10 Signage Regulations ............................................................................................. 117
11.0
LIGHT INDUSTRIAL DISTRICT (IND) ................................................................................... 118
11.1
Permitted Uses .................................................................................................... 118
11.2
Discretionary Uses ............................................................................................... 118
11.3
Prohibited Uses ................................................................................................... 118
11.4
Accessory Buildings and Uses ................................................................................ 119
11.5
Subdivision and Site Regulations ........................................................................... 119
11.6
Supplementary Regulations or Special Provisions ................................................... 119
11.7
Landscaping ......................................................................................................... 120
11.8
Outdoor Storage .................................................................................................. 120
11.9
Performance Standards ........................................................................................ 120
11.10 Signage Regulations ............................................................................................. 121
12.0
HERITAGE RESOURCE OVERLAY (HR) ............................................................................... 122
12.1
Defining the Boundary .......................................................................................... 122
12.2
Site Regulations in the Heritage Resources Overlay Area ........................................ 122
12.3
Heritage Resource Development ........................................................................... 122
13.0
SLOPE INSTABILITY OVERLAY (SI) .................................................................................... 123
13.1
Permitted Uses .................................................................................................... 123
13.2
Discretionary Uses ............................................................................................... 123
13.3
Prohibited Uses ................................................................................................... 123
13.4
Site Development Regulations .............................................................................. 123
14.0
CAUTIONARY FLOOD HAZARD LANDS OVERLAY(FH) ......................................................... 125
14.1
Defining the Boundary .......................................................................................... 125
14.2
Permitted Uses .................................................................................................... 125
14.3
Discretionary Uses ............................................................................................... 125
14.4
Prohibited Uses ................................................................................................... 125
14.5
Site Development Regulations .............................................................................. 126
15.0
PLANNED UNIT DEVELOPMENT CONTRACT ZONING EXAMPLE DISTRICT .......................... 127
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
7
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
8
1.0 INTRODUCTION
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Reeve and Council
of the Rural Municipality of Francis No. 127 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
Francis No. 127.
1.3
PURPOSE
.1 The purpose of this Bylaw is to regulate development and to control the use of land in
the Rural Municipality of Francis No. 127 in accordance with the Official Community
Plan 2012-2.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within The
Rural Municipality of Francis No. 127 (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 and
objectives of the Rural Municipality.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Rural Municipality of Francis
No. 127. 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
9
2.0 DEFINITIONS
Whenever the subsequent words or terms are used in the Official Community Plan, Bylaw No. XX -
XX and this Bylaw, they shall, have the following definition unless the context indicates otherwise.
ABATTOIR (SLAUGHTERHOUSE):a building
for butchering. The abattoir houses facilities
to slaughter animals; dress, cut and inspect
meats;
and
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.
ACCESSORY
BUILDING,
LARGE:
An
accessory structure exceeding a height of 4.5
meters or having a floor area of greater than
92m².
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 Francis No.127.
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: the basic unit of
land considered capable of accommodating
an agricultural operation. For the purpose of
this Bylaw, it shall comprise 64.80 hectares
(160 acres) or equivalent. Equivalent shall
mean 64.80 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 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.
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;
e) carrying
on
an
intensive
livestock
operation;
f)
producing eggs, milk, honey and other
animal products;
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
10
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 form
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: 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.
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 UNIT (A.U.) the kind and number of
animals calculated in accordance with the
following table:
Animal Type
# of Animals
= 1 Animal
Unit
Poultry
-
Hens,
cockerels,
capons
-
Chicks,
broiler
chickens
-
Turkeys,
geese,
ducks
100
200
50
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
11
-
Exotic birds
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
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.
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.
BED AND BREAKFAST: a dwelling unit,
licensed as a tourist home under The Tourist
Accommodation Regulations, 1969, in which
overnight accommodation within the dwelling
unit, along with one meal served before noon,
is provided to the 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.
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 Francis No.127 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
12
permitted obstructions which faces the front
site line.
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 Francis No.127authorizing the construction
of all or part of any building or structure.
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: lands,
buildings, and structures for the storage and
distribution of fuels and oils including retail
sales or key lock operations.
BYLAW - means the Zoning Bylaw.
CAMPGROUND: an area used for a range of
overnight camping experiences, from tenting
to serviced trailer sites, including accessory
facilities which support the use, such as
administration offices and laundry facilities,
but not including the use 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
13
CLEAN
FILL:
uncontaminated
nonwater-
soluble, non decomposable, inert solids such
as rock, soil, gravel, concrete, glass and/or
clay or ceramic products. Clean fill shall not
mean
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.
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 alternative 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.
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.
CONCEPT PLAN: a land use concept plan for
a specific local area that identifies social,
environmental, health and economic issues
which
the
proposed
development
must
address.
CONCRETE
AND
ASPHALT
PLANT:
an
industrial facility used for the production of
asphalt or concrete, or asphalt or concrete
products, used in building or construction,
and includes facilities for the administration
or
management
of
the
business,
the
stockpiling of bulk materials used in the
production's process or of finished products
manufactured on the premises and the
storage
and
maintenance
of
required
equipment.
CONDOMINIUM:
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.
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.
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.
CONTRACTORS
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.
COUNCIL:
the
Council
of
the
Rural
Municipality of Francis No.127.
COUNTRY RESIDENCE: a dwelling or site
whose owner's principal source of household
income in derived from a source other than
the principal agricultural use of that site.
COUNTRY RESIDENTIAL DEVELOPMENT: is
defined as 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
14
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.
DEMOLITION PERMIT: a permit issued for the
removal or dismantling of a building or
structure within the Rural Municipality of
Francis's boundaries as prescribed under
Section 13 of The Uniform Building and
Accessibility Standards Act.
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 employee of
the
Municipality
appointed
by
the
Administrator to act as a Development Officer
to administer this Bylaw.
DEVELOPMENT PERMIT: a permit issued by
the Council of the Rural Municipality of
Francis No. 127 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 divided that
is divided into two dwelling units with
separate entrances and separated by a party
wall.
DWELLING GROUP: A group of single-
detached, semi-detached, or multiple unit
dwellings clustered on one lot or site, built as
one development.
DWELLING, SEMI-DETACHED: A building
divided vertically into two (2) dwelling units
by a common wall extending from the base of
the foundation to the roofline.
DWELLING, SINGLE-DETACHED: A building
containing only one dwelling unit, as herein
defined.
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
considered
unstable.
Environmental reserve may also be a strip of
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
15
land, not less than 6 meters in 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:
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: the use of lands,
buildings, or structures for the boarding of
horses, the training of horses and riders, and
the staging of equestrian events, 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.
FARM BUILDING: improvements such as
barns, granaries, workshops etc., used in
connection 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.
FARMSTEAD/FARMYARD: the buildings and
adjacent essential grounds surrounding a
farm.
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
paced
on
the
existing,
usually
natural,
surface of soil or rock, following the removal
of
vegetation
cover,
topsoil,
and
other
organic material.
FREE STANDING SIGN: a sign, except a
billboard,
independently
supported
and
visibly separated from a building or other
structure
and
permanently
fixed
to
the
ground.
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)
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.
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
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 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:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
16
a) the assembling of goods, products or
equipment.
b) the limited processing of raw, value-
added or finished materials.
c) the storage or transshipping 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 odour, 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, odour, emissions and
hazard
potential.
Such
activities
are
considered exclusionary when the only means
of mitigating the associated negative affects
on surrounding land uses is through spatial
separation. Such uses would include but not
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.
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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
17
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.
HAMLET:
a
small,
rural,
unincorporated
community that includes a limited number of
land uses, typically single family dwellings
and rural commercial, where infill, minor
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.
HEIGHT OF THE SIGN: the vertical distance
measured from the highest point of the sign
to grade level at the centre of the sign.
HERITAGE RESOURCE: the history, culture
and historical resources of an area or
community.
HOME BASED BUSINESS: an accessory use
carried on 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: 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.
INDUSTRIAL PARK: an industrial park is an
area
of
land
set
aside
for
industrial
development. Industrial parks are usually
located close to transport facilities, especially
where more 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
18
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
f)
nurseries and other similar uses.
INTENSIVE LIVESTOCK OPERATION: the
confining of any of the following animals,
where the space per animal unit is less than
370 square meters:
-
poultry;
-
hogs;
-
sheep;
-
goats;
-
cattle;
-
horses;
-
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,
flowers, grass and ground cover; and/or
b) Hard landscaping consisting of non-
vegetative materials such as concrete,
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.
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.
LIGHT
MANUFACTURING
AND/OR
ASSEMBLY: 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
19
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.
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 trailer coach that may be
used as a dwelling all year round; has water
faucets and shower or other bathing facilities
that may be connected to a water distribution
system; and has facilities for washing and a
water closet or other similar facility that may
be connected to a sewage system.
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 (RTM): a building that is
manufactured in a factory as a whole or
modular unit to be used as one single
dwelling
unit
and
is
certified
by
the
manufacturer
that
it
complies
with
the
Canadian Standards Association Standard
No. CSA-A277, and is placed on a permanent
foundation.
MULTI-PARCEL
COUNTRY
RESIDENTIAL
DEVELOPMENT: 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.
MUNICIPALITY: the Rural Municipality of
Francis No. 127.
MUNICIPAL RESERVE: are dedicated lands:
a) that are provided to a Municipality
pursuant
to
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 issued in the
name of the Municipality;
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; and
f)
other living components of ecosystems
within resource lands, provincial forest
lands and other lands managed by the
department.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
20
NON-CONFORMING BUILDING: a building:
a) that 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; and,
b) that 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, including the
use of innovative technology or advanced
management
practices
in
appropriate
circumstances and is 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
uses
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.
OFF-PREMISE IDENTIFICATION SIGNAGE: a
sign that is located separate and apart from
the land on which the business or activity is
located.
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.
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.
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;
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
21
-
self-serve laundry;
-
tailor or seamstress;
-
massage services; and
-
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.
PRINCIPAL 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.
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:
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 production, transmission:
d) Collection and disposal of sewage,
garbage, and other wastes; and
e) Fire and Police Services.
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 features 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 dwelling constructed off-site
to National Building Code or CSA-A277
standards to be moved onto a new permanent
residential site building foundation.
REAL ESTATE SIGNAGE: 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.
REDESIGNATION: Rezoning.
RECREATIONAL USE: a public or private
facility or amenity, a joint-use site or a park
or playground the serves the surrounding
neighbourhood or community.
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
that
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) Motorhomes,
b) Camper Trailers,
c) Boats,
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
22
d) Snowmobiles,
e) or 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 Francis No.127 .
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,
c) and 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.
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.
SALVAGE YARD (WRECKING): a parcel of
land where second-hand, discarded or scrap
materials
are
bought,
sold,
exchanged,
stored, processed or handled. Materials
include scrap iron, structural steel, 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, aluminium 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
23
SETBACK: the distance required to obtain the
front yard, rear yard or side yard provisions
of this Bylaw.
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
characters,
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.
SITE: an area of land, consisting of one or
more
lots
consolidated
under
a
single
certificate of title, considered as a unit
devoted to a certain use or occupied by a
building or a permitted group of buildings, and
the customary accessories and open spaces
belonging to the same.
SITE AREA: the total horizontal area within
the site lines of a site.
SITE CORNER: a site at the intersection of
two or more public streets, or upon two parts
of the same street, the adjacent sides of
which street or streets (or, in the case of a
curved corner, the tangents at the street
extremities of the side site lines) contain an
angle of not more than one hundred and
thirty-five (135) degrees. In the case of a
curved corner, the corner of the site shall be
that point on the street at the point of
intersection of the said tangents.
SITE 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 LINE: any boundary of a site.
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.
SMALL SCALE COMMERCIAL: Commercial or
Industrial land uses maintaining a lineal
frontage less than 90 meters.
SMALL WIND ENERGY SYSTEM: 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.
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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
24
STOCKYARD:
an
enclosed
yard
where
livestock is kept temporarily.
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 Department
of Highways and Transportation.
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 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
rental 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
25
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 onsite.
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.
WAREHOUSE: a building used for the storage
and distribution of 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.
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 runoff 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.
YARD: the open, unoccupied space on a lot
between the property line and the nearest
wall of a building. 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
26
Whenever the subsequent words or terms are used in the Official Community Plan, Bylaw No. 2019-
12 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 Francis No.127.
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 a nd 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.
k) cultivating land;
l)
producing agricultural crops, including hay and forage;
m) producing horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs,
flowers, greenhouse crops and specialty crops;
n) raising all classes of livestock, horses, poultry, fur-bearing animals, game birds and game
animals, bees and fish;
o) carrying on an intensive livestock operation;
p) involved the primary processing of agricultural products which provide a primary source of
livelihood and income to the site owner or operator;
q) operating agricultural machinery and equipment, including irrigation pumps and noise -scare
devices;
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
27
r)
conducting any process necessary to prepare a farm product for distribution from the farm
gate;
s) storing, handling and applying fertilizer, manure, organic wastes, soil amendments and
pesticides, including both ground and aerial application;
t)
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:
l)
grain elevators
m) feed mills
n) abattoirs
o) seed cleaning plants
p) pelletizing plants
q) bulk fertilizer distribution plants
r)
bulk agricultural chemical distribution plants
s) anhydrous ammonia storage and distribution
t)
bulk fuel plants
u) livestock holding stations
v) 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, fr uit
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 vacat ion 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.
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)
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
28
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
1
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
29
-
Domesticated native
ungulates (deer, elk,
bison, etc.)
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.
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 Francis No.127 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 betwe en 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
30
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 Francis
No.127 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 Francis No. 127's Zoning Bylaw.
Building Height Measurements
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
31
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 mean 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
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
32
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 alternative
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 FACILITY (SEE (TELE) COMMUNICATION FACILITY)
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 and 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.
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 pro perty.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
33
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 use d 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 Francis No.127.
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 s chool 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.
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 traile r 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
34
DEVELOPMENT OFFICER: an employee of the Municipality appointed by the Council 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.
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.
Semi-Detached Dwelling
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
35
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, "kitc hen 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 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
Single-Detached Dwelling
Town House Dwelling
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
36
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 of 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 connection 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;
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
37
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 s ingle 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
38
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 De velopment
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:
e) the assembling of goods, products or equipment;
f)
the limited processing of raw, value-added or finished materials;
g) the storage or trans-shipping of materials, goods and equipment;.
h) 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 proce sses and shall
include but not be limited to the following activities:
d) manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products;
e) the storage or trans-shipping of materials, goods and equipment;
f)
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, wher e 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 not 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
39
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, minor 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 h ealth 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
40
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, ve getables, 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 more 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 ab ove
includes:
g) feed lots;
h) livestock operation (hogs, chickens, etc.);
i)
sod farms;
j)
market gardens;
k) greenhouses; and
l)
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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
41
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:
c) soft landscaping consisting of vegetation such as trees, shrubs, vines, hedges, flowers,
grass and ground cover, and planters;
d) 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, c ommercial and
conservation.
LAND USE ZONING DISTRICT: divisions identified in the Zoning Bylaw establishing Permitted and
Discretionary Uses of land or buildings with attendant regulations.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
42
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.
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 pla ced
on a permanent foundation.
Double-Wide Mobile Home
Modular (Manufactured) Home
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
43
MUNICIPALITY: the Rural Municipality of Francis No. 127.
MUNICIPAL RESERVE: are dedicated lands:
c) that are provided to a Municipality pursuant to clause 189(a) of The Planning and
Development Act, 2007 for public use; or
d) 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:
g) fish within the meaning of The Fisheries Act;
h) wildlife within the meaning of The Wildlife Act, 1998;
i)
forest products within the meaning of The Forest Resources Management Act;
j)
resource lands and provincial forest lands within the meaning of The Resource Lands
Regulations,1989;
k) ecological reserves within the meaning of The Ecological Reserves Act;
l)
other living components of ecosystems within resource lands, provincial forest lands and
other lands managed by the department.
NON-CONFORMING BUILDING: a building that:
c) 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;
d) 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:
c) 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 o r building
becomes effective; and
d) 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
44
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 wa ter
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.
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
Park Model Trailer 102
Park Model Recreational Unit
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
45
-
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:
f)
communication by way of telephone lines, optical cable, microwave, and cable television
services;
g) delivery of water, natural gas, and electricity;
h) public transportation by bus, rail, or other vehicle;
i)
collection and disposal of sewage, garbage, and other wastes;
j)
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, wind 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 features such as wat er 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,
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
46
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.
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:
f)
Motor homes
g) Camper Trailers
h) Boats
i)
Snowmobiles
j)
Motorcycles
RTM (Ready to Move) Home
Motor Home - Camping Trailer
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
47
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 Francis No.127.
RENOVATION (SEE ALTERATION)
RESIDENTIAL: the use of land, buildings, or structures for human habitation.
RESIDENTIAL CARE HOME: a facility which:
d) provides meals, lodging, supervisory personal or nursing care to persons who reside therein
for a period of not less than thirty days; and
e) 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
f)
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.
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 include scrap iron, structural
steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term a lso
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 a nd teaching staff and other
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
48
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.
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.
Location and measurement of
setbacks
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
49
SIGN: a display board, screen, structure or material having characters, 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.
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 an gle 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 FARMS: An array of multiple solar collectors (photovoltaic) on ground mounted racks or
poles that transmit solar energy and is the primary land use of the parcel on which it is located.
(Bylaw #2019-12)
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
50
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 politician s); 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 be verage 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.
TEMPORARY TOWER: a tower which is not permanently installed or affixed in position, and is
installed for a period of less than or equal to one (1) year.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
51
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
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 rental 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:
c) 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;
d) 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 o f 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
52
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 mechanical 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. (Bylaw #2016-01)
Metric to Imperial Conversions
Distance (metres - feet)
0.6 metres
2 ft
15.3 metres
50 ft
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
53
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
4127 metres
1532 ft
15 metres
49 ft
Distance (kilometres - miles)
Area
.5 km
.31 miles
1.0 m 2
10.76ft 2
.6 km
.37 miles
5.0 m 2
53.8 ft 2
.8 km
.5 miles
9.3 m 2
100 ft 2
1 km
.62 miles
127 m 2
721 ft 2
1.6 km
1 mile
100 m 2
1076 ft 2
2.4 km
1.5 mile
231 m 2
2500 ft 2
3.2 km
2 miles
0.8 hectare
2 acres
1 hectar
2.47 acre
2 hectares
5 acres
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
54
8 hectares
20 acres
64.8 hectares
160 acres
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
55
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
56
3.0 ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
.1 The Administrator of the Rural Municipality of Francis No. 127 shall be the Development
Officer responsible for the administration of this Bylaw and in their absence by such other
employee of the Municipality as the Council designates from time to time.
.2 The Development Officer shall:
a) Receive, record, and review development permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, development permit conditions, and development and servicing agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning
maps and amendments, and ensure that copies are available to the public at a reasonable
cost;
c) Make available, for public inspection during office hours, a register of all development
permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established by a separate Bylaw;
e) Perform other duties as determined by Council.
.3 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
.1 Council shall make all decisions regarding discretionary uses, development and servicing
agreements, and Zoning Bylaw amendments.
.2 Council shall make a recommendation regarding all subdivision applications circulated to
it by Saskatchewan Ministry of Municipal Affairs, prior to a decision being made by the
Minister.
.3 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.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
.1 Unless the proposed development or use is exempt from development permit
requirements, before commencing any principal or accessory use development, including
a public utility use, every developer shall:
a) Complete and submit a development permit application, and (refer to permit application
form in Appendix A).
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
57
b) Receive a development permit for the proposed development.
.2 A Development Permit shall not be issued for any use in contravention of any of the
provisions of this Bylaw and the Official Community Plan.
.3 Except where a particular development is specifically exempted by Section 3.4 of this
Bylaw, no development or use shall commence without a Development Permit first being
obtained.
3.4
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):
.1 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.
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.
.2 Country Residential Zoning Districts
a) Buildings and structures under 9.3 square metres (100 Square Feet), 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.
c) Relocation of any residential or accessory building provided development standards are
still met on the site.
.3 Commercial/industrial Zoning Districts
a) Buildings and structures under 9.3 square metres (100 Square Feet) that are accessory to
a permitted, principal, commercial use, except where such use is discretionary.
b) The erection of any fence or gate.
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.
.4 Accessory Uses: All accessory uses, unless otherwise specified in this Bylaw.
.5 Official Uses: Uses and buildings undertaken, erected, or operated by the Rural
Municipality of Francis No. 127.
.6 Internal Alterations
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
58
a) Residential Buildings
b) 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;
c) All other Buildings
d) 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.
.7 Landscaping: Landscaped areas, driveways and parking lots, provided the natural or
designed drainage pattern of the site and adjacent sites are not adversely impacted.
3.5
CONCEPT PLANS(COMPREHENSIVE DEVELOPMENT PROPOSALS)
.1 A Concept Plan (Comprehensive Development proposal) 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. The purpose of this review is to identify and address social, environmental,
health and economic issues and to encourage the development of high quality residential,
commercial, and industrial developments. The scope and required detail of the 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 within the
Municipality;
e) Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant
natural areas;
f)
Appropriate information specific to the particular land use (residential, commercial or
industrial)
.2 The Concept Plan(Comprehensive Development proposal) 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 technical investigations and
hosting public meetings as required shall be borne solely by the applicant.
3.6
DEVELOPMENT PERMIT PROCEDURE
.1 Where an application for a development permit is made for a permitted or accessory use
in conformity with this Bylaw, The Planning and Development Act, 2007 and all other
municipal Bylaws, the Council shall hereby direct the Development Officer to issue a
development permit.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
59
.2 As soon as an application has been made for a development permit and prior to making a
decision, the Development Officer may refer the application to whichever government
agencies or interested groups Council may consider appropriate. The Development
Officer may also require the application to be reviewed by planning, engineering, legal, or
other professionals, with the cost of this review to be borne by the applicant.
.3 A copy of all approved development permit applications, involving the installation of
water and sanitary services, shall be sent to the local District Health Region.
.4 Upon approval of a permitted or accessory use, the Development Officer shall issue a
development permit for the use at the location and under such terms and development
standards specified by the Official Community Plan and this Bylaw.
.5 The applicant shall be notified in writing of the decision of their application. The
applicant shall be advised of their right to appeal a decision to the Development
Appeals Board on a permitted or accessory use application and any terms and
conditions attached to an application.
.6 A 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 of the
General Development Standards and other defined requirements of the Zoning Bylaw or
Official Community Plan.
.7 A building permit, where required, shall not be issued unless a development permit has
been issued, or is issued concurrently.
.8 A development permit is valid for a period of twelve months unless otherwise
stipulated when the permit is issued.
.9 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.
.10 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 developmen t permit
and notify the permit holder that the permit is valid and in force.
3.7
DISCRETIONARY USE APPLICATION PROCEDURE
.1 The following procedures shall apply to discretionary use applications:
a) Applicants must file with the Development Officer the prescribed application form, a site
plan, any other plans and supplementary information as required by the Development
Officer and pay the required application and public hearing fees.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
60
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 born by the applicant.
d) The Development Officer will give notice by regular mail that the application has been filed
to the assessed owner of each abutting property and each assessed owner of property
within a 1.6 kilometer (1 mile) radius of the area in which the subject site is located and
provide notification of an upcoming public hearing and an opportunity for them 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.
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.
.2 Discretionary uses, discretionary forms of development, and associated accessory uses
shall conform to the development standards and applicable provisions of the Zoning
District in which they are located.
.3 The following criteria must be considered in the review of discretionary use applications:
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.
.4 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
61
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.
c) The proposal must provide sufficient landscaping and screening, and, wherever possible,
shall preserve existing vegetation.
.5 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.
.6 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.
.7 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.
.8 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.
3.8
REFUSAL OF DEVELOPMENT PERMIT APPLICATION
.1
An application for a development permits shall be refused if it does not comply with
all Zoning Bylaw requirements.
.2
The reasons for a development permit refusal shall be stated on the refused
development permit application.
.3
Where an application for a development permits has been refused, the Council (in the
case of a proposed discretionary use), of the Development Officer (in all other
cases), may refuse to accept another application for the same or a similar
development on the same site, until six (6) months from the date of the approving
authority's decision. The Development Officer shall not accept another application for
the same development until six (6) months have passed from the date of a refusal by
either the local Development Appeals Board or the Saskatchewan Municipal Board.
.4
The applicant shall be notified of the right to appeal a decision to refuse an
application of the local Development Appeals Board in accordance with the
requirements of The Planning and Development Act, 2007.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
62
3.9
DEVELOPMENT APPEALS BOARD
Right to Appeal
.1 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.
.2 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 days after the issuance or refusal of a development
permit or order.
.3 Council shall appoint a Development Appeals Board in accordance with Section 213 to
227 inclusive, of The Planning and Development Act 2007.
3.10 DEVELOPMENT PERMIT APPLICATION FEES
.1 An applicant seeking the approval of a development permit application shall pay the fee
set in the Development Fees Bylaw.
.2 There shall be no development permit application fee for accessory buildings to a
residential use, sign permits, licenses for home occupations or other forms of business
licenses.
3.11 DISCRETIONARY USE APPLICATION FEES
.1 An applicant seeking a discretionary use approval shall pay the fee set in the
Development Fees Bylaw.
.2 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 of the
application at the entrance to the property in question and by mailing a c opy of the notice
to the assessed owner of each abutting property and each assessed owner of property
within a 1.6 kilometer (1 mile) radius of the proposed development.
.3 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
63
3.12 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 professional review of the application and in carrying out a public hearing.
3.13 HOLDING ZONE PROVISIONS
.1
Where on the Zoning District Map the symbol for a zoning district has suffixed to it
the holding symbol "H"; any lands so designated on the map shall be subject to a
holding provision in accordance with Section 71 of The Planning and Development
Act, 2007.
.2
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 conjunction with any zone design (i.e.
CR1-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.
3.14 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS
AND BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Development Permit has been
issued, or is issued concurrently. Nothing in this Bylaw shall exempt any person from complying
with a building Bylaw, or any other Bylaw in force within The Munic ipality, or from obtaining any
permission required by this, or any other Bylaw of The Municipality, the province or the federal
government.
3.15 REFERRAL UNDER THE PUBLIC HEALTH ACT
.1 The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation
of water and sanitary services, should such information be requested by provin cial
officials under the Public Health Act and Regulations.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
64
.2 The Development Officer, in conjunction with the District Health Region shall determine
the suitability of a parcel proposed for subdivision to accommodate a private sewage
treatment system with the subdivision review process. The review process indicates the
level of assessment required and upon this determination provides the submittal
requirements as well as identifies the qualifications required for the site assessor.
.3 All submissions required are the responsibility of the developer. The final review of a
subdivision will not be completed prior to the receipt and evaluation of all required
information by the Development Officer, the District Health Region and any other r elevant
agency deemed necessary by the Municipality.
3.16 MINOR VARIANCES
.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a) A minor variance may be granted for the following only:
i. Minimum required distance of a building from a lot line; and
ii. The minimum required distance of a building from any other building on the lot.
b) The maximum amount of a minor variance shall be 10% variation from the Requirements of
this Bylaw.
c) The development must conform to all other requirements of this Bylaw.
d) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e) No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act 2007.
f)
Minor variances shall be granted only in relation to residential properties.
.2 An application form for a minor variance shall be in a form prescribed by the
Development Officer and shall be accompanied by an application fee as set in the
Development Fees Bylaw.
.3 Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
b) Approve the minor variance and impose terms and conditions on the approval; or
c) Deny the minor variance.
.4 Terms and conditions imposed by the Development Officer shall be consistent with the
general development standards in this Bylaw.
.5 Where a minor variance is refused, the Development Officer shall notify the applicant in
writing, providing reasons for the refusal.
.6 Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having
a common boundary with the applicant's land that is the subject of the approv al.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
65
.7 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 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.
.8 A decision to approve a minor variance, with or without terms and conditions, does not
take effect until 23 days from the date the notice was provided.
.9 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
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
30 days of receiving the notice.
.10 If an application for a minor variance is refused or approved with terms or conditions,
the applicant may appeal to the Development Appeals Board within 30 days of the date of
that decision.
3.17 NON-CONFORMING BUILDINGS, USES AND SITES
.1 Any use of land or any building or structure lawfully existing at the time of passing this
Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisio ns of
Section 88 to 93 inclusive, of The Planning and Development Act, 2007.
.2 No enlargement, additions, or reconstruction of a non-conforming use, building or
structure shall be undertaken, except in conformance with these provisions.
.3 No existing use, building or structure shall be deemed to be nonconforming by reason
only of the conversion of this Bylaw from the Metric System of Measurement to the
Imperial System of Measurement where such non-conformity is resultant solely from such
change and is reasonably equivalent to the metric standard herein established.
.4 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.
3.18 DEVELOPMENT PERMIT - INVALID
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
66
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, or
c) When development is undertaken in contravention of this bylaw, the development permit
and specified development standards, and/or
d) When a written appeal notice is received by the Development Appeals Board secretary
regarding the development permit.
3.19 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.
3.20 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 a caveat
under this Bylaw.
3.21 INTERPRETATION
a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units shown
in this Bylaw shall be approximate guidelines only.
3.22 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.
3.23 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
67
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.
3.24 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.
3.25 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 building is exempt under Section
3.4 of this Bylaw.
3.26 DEMOLITION OF BUILDINGS
No building shall be demolished without first obtaining a Development 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 u se is in conformity with
this Bylaw. A separate Development Permit is required for any redevelopment of the site.
3.27 TEMPORARY DEVELOPMENT PERMITS
.1 The Development Officer may issue a temporary Development Permit, with specified
conditions for a specified period of time, to accommodate developments incidental to
approved construction, temporary accommodation, or temporary gravel operations or
asphalt plants. Nothing in this Bylaw shall prevent the use of land, or the erection or use
of any building or structure for a construction camp, work camp, tool shed, scaffold, or
other building or structure incidental to and necessary for construction work on th e
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.
.2 Except in the Agricultural Resource District, buildings or structures shall not include a
mobile home or motor home as temporary uses.
3.28 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
68
3.29 SERVICING AGREEMENTS
.1 Where a development proposal involves subdivision, Council may require a developer to
enter into a servicing agreement to ensure appropriate servicing pursuant to The
Planning and Development Act, 2007. Council may direct the Administration to vary the
agreement on a case-by-case basis, or not require it.
.2 In accordance with 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
leveling 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 wi thin or outside the
proposed subdivision and that directly or indirectly serve the proposed subdivision.
3.30 PERFORMANCE BONDS
Council may require a developer, including host owners of property where an accessory dwelling is
located, to post and maintain a performance bond to ensure developer performance and to protect
the public interest.
3.31 LIABILITY INSURANCE
Council may require developers to provide and maintain liability insurance to protect the
municipality, developer and public.
3.32 CAVEATS
Council may require that development and servicing agreements and other documents may be
caveated on affected lands, to protect municipal and public interests.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
69
4.0 GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES,PERMITSAND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
.1 In their interpretation and application, the provisions of this Bylaw shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, and general
welfare.
.2 Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building regulation Bylaw or any other Bylaw in force within the Rural Municipality of
Francis No.127, 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 Francis No. 127 or any law of the Province of Saskatchewan
or Canada.
.3 Where requirements in this Bylaw conflict with those of any other municipal, provincial, or
federal requirements, the 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.
.1 Only one principal development or use per site shall be permitted on any one siteexcept
for the following: farmyards, parks, schools, hospitals, recreation facilities, and approved
dwelling groups.
.2 Temporary Uses may be permitted on a site where a principal development already
exists, at Council's discretion.
.3 Council may, at its discretion, issue a development permit for additional principal
developments, uses or businesses in Commercial and Industrial Zones.
.4 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 meters (about 10 feet) of
any other building on the site except to a building accessory to such dwelling.
.5 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) public utility uses,
b) a private institution,
c) an industrial use, a multi-unit residential use,
d) recreational uses,
e) an agricultural use,
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
70
f)
commercial or industrial uses
g) uses allowed in a Contract Zoning agreement.
h) uses allowed in a Planned Unit Development District
4.3
MULTIPLE USES
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 meters (about 10 feet) of any other building on the site
except to a building accessory to such dwelling.
4.4
ACCESSORY BUILDINGS, USES AND STRUCTURES
.1 Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principal use which is
permitted or discretionary use in that same district, and for which a development permit
has been issued.
.2 No accessory building may be constructed, erected or moved on to any site prior to the
time of construction of the principal building to which it is accessory.
.3 Where a building on a site is attached to a principal building by a solid roof or by
structural rafters, and where the solid roof or rafters extend at least one third of the
length of the building wall that is common with the principal building, the buildi ng is
deemed to be part of the principal building.
.4 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.
4.5
USES PERMITTED IN ALL ZONING DISTRICTS
.1
Nothing in this Bylaw shall prevent the use of any land as a public street or public
park.
.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign
or signal, or any sign or notice of any local or other government department or
authority.
.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or
structures, or the installation of other facilities, essential to the operation of public
works 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
71
4.6
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 restoration shall not
increase the height, area or volume so as to contravene the provisions of this Bylaw.
4.7
GRADING AND LEVELING OF SITES
.1 Every development shall be graded and leveled at the owner's expense to provide for
adequate surface drainage that does not adversely affect adjacent property, or the
stability of the land.
.2 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 leveling.
b) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced
on the re-graded area, or re-located to a site approved by the Municipality.
.3 Every development shall be graded and leveled at the owner's expense to provide for
adequate surface drainage that does not adversely affect adjacent property, or the
stability of the land.
.4 Where excavation or filling is proposed for any development in a flood hazard sub -
district, the Municipality may request comments of the Saskatchewan Watershed
Authority prior to making a decision on the development permit application.
4.8
RESTRICTIONS ON CHANGES
.1 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 severed from
any site, if such change, erection or severance creates a situation that contr avenes any
of the provisions of this Bylaw applicable to each individual remaining building, accessory
building, site, or lot.
.2 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
72
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 Heritage Resource Overlay District (HR), 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.
See Overlay Heritage Resource Overlay District (HR).
4.11 FENCE AND HEDGE HEIGHTS
.1
Notwithstanding the other provisions in this section, barbed wire fences shall be
exempt from the required yard setbacks of the Agricultural Resource zone.
.2
No fence or screening device shall exceed 1.2 meters (4 feet) in height if placed
within a required front yard.
.3
No fence or screening device shall exceed 2.4 meters (8 feet) in height within a
required side or rear yard. No fence in a Commercial or Industrial zone shall exceed
2.4 meters.
.4
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.
.5
Screening devices shall not locate within a sight triangle as defined in this Bylaw.
.6
Notwithstanding the other provisions in this section, barbed wire fences shall be
exempt from the required yard setbacks of the agricultural resource zone.
.7
Subject to traffic sight lines, the following height limitations shall apply to fences,
walls, chain-link fences and hedges in all Country Residential Districts.
d) No hedge, fence or other structure shall be erected past any property line.
e) In a required front yard, to a height of more than 1.0 meter above grade level.
f)
In a required rear yard, to a height of more than 2.0 meters above grade level.
g) Except permitted accessory buildings, no fence or other structure shall be erected to a
height of more than 2 meters.
h) No barbed wire or razor wire fences shall be allowed.
.8
Screen fences shall be consistent and complement the quality of building design and
materials of the primary building.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
73
4.12 LANDSCAPE BUFFERS
.1 Landscape buffers are intended to improve land use compatibility and environmental
quality by reducing noise, lighting glare and other nuisances, or facilitating natural
drainage. Landscape buffers, where required to separate uses from adjacent properties
may require a minimum 1.0 meter (3 feet) vegetative landscape buffer, unless a fence is
required for other reasons.
.2 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.
.3 Residential Acreages shall be required to establish a shelterbelt, or vegetative landscape
buffer around the residential use to reduce land use conflicts and to recognize the need
for a windbreak.
.4 All trees/shrubs and tree/shrub planting required pursuant to this section shall be drought
resistant and hardy to the region.
.5 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 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.
4.14 BUILDING AND SITE MAINTENANCE
.1
All sites at all times shall be maintained clean and free from waste and debris.
.2
For any non-residential use, Council may establish landscaping requirements for any
permitted or discretionary use or development permit to achieve:
a) Maximum public safety
b) Zero nuisance
c) Environmental quality
.3
Council may establish specific landscaping requirements to include berms, natural
vegetation, planted vegetation, landscaping, trees, shrubs, fences, private signs and
similar amenities.
.4
Council may require all sites along Highway No. 1 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
74
.5
The outdoor storage or collection of goods and materials is prohibited in a front yard
in any 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.
.6
The Development Officer may prescribe or approve screening for uses which involve
the outdoor storage of goods, machinery, vehicles, motor, building materials, waste
materials and other similar uses, 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
.1 The keeping of livestock shall not be allowed except for permitted agricultural uses.
.2 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.
.3 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, or
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers or parts of vehicles or trailers, machinery, or other
such material,
e) By any combination of things in this subsection.
4.16 KEEPING OF DOMESTIC ANIMALS
The keeping of domestic animals is permitted in all 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. Domestic Fancy Rat Operations are prohibited
in all Zoning districts.
4.17 PUBLIC UTILITIES AND MUNICIPAL SERVICES
.1 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
75
.2 Protective, emergency, municipal services and other public works and facilities may be
established in all zoning districts.
4.18 CLOSINGS
In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw
is closed, the property formerly in such street or lane shall be included within the zoning district of
the adjoining property on either side of such closed street or lane. If a closed street or lane is the
boundary between two or more different zoning districts, the new district boundaries shall be the
former centre line of the closed street or lane.
4.19 ROADWAYS
.1 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.
.2 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.
.3 Development adjacent to a provincial highway shall meet all requirements of the
Saskatchewan Ministry of Highways and Infrastructure.
.4 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.
.5 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 ou t
by the Development Officer.
4.20 FRONTAGE,SET-BACK AND ACCESS
.1 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 th e
Council for the improvement or building of a road.
.2 The requirement of a service road or internal subdivision roadway to provide access may
be imposed as a condition of approval for any new development other than those deemed
approved.
.3 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
76
.4 Notwithstanding the setback provisions contained in the Zoning District Schedules,
Council may reduce the 46 metre setback for buildings and structures on Municipal
Roadways where physical circumstances make it unrealistic to maintain the 46 metre
setback.
4.21 APPROACHES
.1 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.
.2 The Development Officer 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.
.3 Where an approach for a commercial, industrial, or residential lot within a multi -parcel
Country Residential subdivision accesses onto a paved road or highway, the approach
shall be paved from the edge of the road surface to 5 meters into the lot.
4.22 RAILWAY CROSSINGS AND SIGHT DISTANCES
Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the
same grade, no building or structure shall be erected within 46 meters (about 150 feet) of the point
of intersection of the centre line of both the railway and the street.
4.23 SIGHT TRIANGLE
.1
In all zones no building, structure, earth pile, vegetation, etc. shall obstruct the vision
of drivers within the sight line triangles shown in the following table.
.2
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 meters (755 feet)
Municipal Grid Roads
80 meters (262 feet)
Railway Lines
80 meters (262 feet)
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
77
4.24 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
.1
Any development involving pipeline and /or power line transmission rights -of-way
shall be sited to comply with all relevant Federal and Provincial legislation. Setbacks
from pipelines and other utility corridors shall be in accordance with appropriate
Provincial Regulations or Acts and any regulations or directives established by crown
corporations. Refer to "Land Use Planning for Pipelines publication by Canadian
Standards Association (CSA) PLUS663", which may be amended from time to time.
.2
Setbacks from pipelines shall be 12.0 meters except for where provision has been
made in the previous bylaw or in consultation with the operator of the pipeline, a
lesser separation may be allowed.
.3
The National Energy Board has designated a review area of 30.0 meters on either
side of a pipeline in which, subject to exceptions for such things as normal
agricultural activities, anyone proposing to conduct a ground disturbance/excavation
must:
a) Ascertain whether a pipeline exists;
b) Notify the pipeline company of the nature and schedule of the excavation; and
c) Conduct the excavation in accordance with such regulations.
.4
The following Figures provide the setbacks required by the Canadian Standards
Association. Source: Land Use Planning for Pipelines publication by Canadian
Standards Association (CSA) PLUS663
Figure 2: Land Use Areas
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
78
Figure 3: Land Uses
4.25 COMMUNICATION TOWERS
.1 The erection of Cellular telephone transmission towers shall not be permitted in, or closer
than 100 meters to any Country Residential District.
.2 Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals.
4.26 DISPOSAL OF WASTES
.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharge d into
any steam, creek, river, lake, pond, slough, intermittent drainage channel or other body
of water, onto or beneath the surface of any land, or into the air.
.2 No development or use of land which requires solid or liquid waste disposal facilities
shall be permitted unless those facilities are approved by Saskatchewan Health and the
Saskatchewan Watershed Authority. Disposal of liquid, solid, or gaseous waste sha ll be
governed by Acts administered by the Ministries of Saskatchewan Agriculture,
Saskatchewan Environment, Saskatchewan Health and the Saskatchewan Watershed
Authority.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
79
4.27 DEVELOPMENT ALONG RIVERBANKS AND HAZARD LANDS
.1 Development or subdivision proposed on or within 50 meters (160 ft) of the crest of a
slope greater than 15% shall require supporting evidence of slope stability by a
professional engineer.
.2 The Development Officer may impose special conditions, such as but not limited to,
engineered footings, drainage and /or septic systems in an effort to protect against
erosion and/or stability of the bank.
.3 Trees or vegetation shall not be cleared from any land within 20 meters (66 ft) of any
watercourse, water body, escarpment, or of the crest of a slope greater than 15%, where
the removal could have a negative impact on the water body or bank stability.
.4 Unless a report by a registered professional engineer proves that it is safe to waive the
building setbacks the following setbacks shall apply for all developments along a coulee,
ravine or valley with or without a permanent watercourse. The top of bank sh all be that
line where the gradient of the slope measured from the upland leading down to the water
body or watercourse first exceeds 20 percent.
.5 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
meters (98.4 ft) from a water body of 8 hectares (20 acres) or more.
Figure 4: Minimum Building Setback from the Top of a Bank:
Vertical Depth of Coulee, Ravine or
Valley
Minimum Building or Structure Setback from
the Top of the Bank
Less than 3 meters (about 10 ft)
10 meters (about 32 ft)
Greater than 3 meters (about 10 ft) and
less than 15 meters (about 50 ft)
10 meters (about 32 ft)
Greater than 15 meters (about 50 ft) and
less than 30 meters (about 100 ft)
15 meters (about 50 ft)
Greater than 30 meters (about 100 ft)
20 meters (about 66 ft)
4.28 USES OR OBJECTS PROHIBITED OR RESTICTED IN YARDS
.1 No person shall allow a motor vehicle, a motor vehicle which has all or part of its super
structure removed, or a motor vehicle which is in a dilapidated or unsightly condition to
remain or be parked on any lot located within a Country Residential district or mobile
home park or on land used primarily for residential purposes.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
80
.2 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.
.3 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.
.4 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.
4.29 VEHICLE STORAGE
.1 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 four such vehicles may be stored on any site in an Country residential
district and not more than twelve such vehicles shall be stored on any site in an
Agricultural, Commercial or Industrial district, except in the case of permitted vehicle
storage establishments or auto wreckers.
.2 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.
4.30 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 or warehousing within any hamlet or country
residential district.
4.31 LIGHTING
.1 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
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
81
enjoyment of neighbouring lands; or interfere with the effectiveness of any traffic
control devices or the vision/safety of motorists.
.2 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.
.3 Public access areas shall be lit in keeping with the principles of crime prevention
through environmental design and require site lighting as is necessary to
encourage pedestrian safety and allow casual surveillance from adjacent buildings
and roads of parking and walkways.
4.32 SIGNAGE
.1 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 including herbicide, insecticide or seed advertising
promotional signage;
g) Real estate signage;
h) Residential name plates;
i)
Works of art containing no advertising.
.2 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.
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
82
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 pedestrian 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.
l)
No permanent sign shall be placed on or over public property unless specifically permitted
within this Bylaw.
m) Where a sign will be located adjacent to a provincial highway, The Highways and
Transportation Act will govern placement requirements.
.3 Temporary Signage maybe placed in public right of ways for the purpose of advertising
special events and will be limited to the following:
a) The lesser of 12 hours prior to the start of the special event and 12 hours after
conclusion or for a continuous period of 72 hours for a private sale;
b) The lesser of 24 hours prior to the start of the special event and 24 after conclusion
or for a continuous period of 96 hours for a non-profit organization;
c) Signage will maintain a separation distance of 10 meters from another temporary or
permanent sign, 3 meters from a site access point and 10 meters from an
intersection;
d) Signage shall not exceed 1 m 2 (3.28 ft2 ) in gross surface area and 1.2 meters in
height;
e) 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.
4.33 ZONING DISTRICT SIGN REGULATIONS
The specific zoning district sign regulations shall apply in addition to, and take precedence over
the following general sign regulations:
Agricultural Resource District
Country Residential Districts
Free standing signs shall not exceed a gross surface area of
11m2 (118.4 ft2) and a height of 8 meters
One attached sign shall be permitted not exceeding 5.6 m 2
(60.27ft2) in gross surface area.
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.
Institutional / Recreational Uses
Free standing signs shall not exceed a gross surface area of
5 m2 (53.82 ft2) and a height of 2.5 meters.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
83
One attached sign shall be permitted not exceeding 5.6 m 2
(60.27 ft2) in gross surface area.
Signage shall maintain a separation distance of 12 meters
for every square meter of area of the larger of the two signs.
Small Scale Commercial and Home Businesses1 per
building frontage to a maximum gross surface area of 1 m 2
(10.76 ft2) for an approved commercial use.
Maximum 2.5 meters in height. Illumination limited to 75
watts and shall not include electronic message boards.
Prestige Highway Commercial/
Industrial District (PHC)
Free standing signs shall not exceed a gross surface area of
14m2 (150.7 ft2) and a height of 17 meters.
The cumulative area of attached signage permitted shall be
calculated as 0.8 m 2 per lineal meter of building frontage not
exceeding 20 % of the total surface area of the wall in which
it is attached and individual signs shall exceed 5.6 m 2 (60.27
ft2).
Signage shall maintain a separation distance of 12 meters
for every square meter of gross surface area of the larger of
the two signs.
4.34 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.
4.35 PARKING
.1 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 facil ities
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.
.2 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 rela tion to
buildings and entry points to buildings on the site.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
84
.3 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 Municipality by the
owner of the property.
e) Each parking space within a parking facility shall be a minimum of 2.5 meters wide
and 6 meters long except that parallel parking spaces shall be a minimum of 6.5
meters 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, excepting the provisions specifically
referred to in the previous subsection.
g) One (1) barrier free parking space shall be provided for any required parking facility
accommodating between 4 and 100 parking spaces.
.4 Any parking facility shall be developed to the satisfaction of the Municipality within one
year of the completion of the development for which the development permit was issued.
Parking Schedule for the type of nature of use, building or structure and
minimum required parking spaces:
Institutional Uses
One (1) parking space for every 9m² (97 ft²) of gross floor area devoted to public
use, or one parking space for each six (6) seats provided for patrons and 1
space per staff member.
Commercial Use
One (1) parking space for every 18m² (194 ft²) of gross floor area; minimum five
spaces.
Industrial Use
One and one-half (1 1/2) parking spaces for every 90m² (969 ft²) of gross floor
area, but there shall not be less than one (1) parking space for every three (3)
employees.
Recreational Use
One (1) parking space for every 18m² (194 ft²) of gross floor area; minimum five
spaces. Where the use does not include measurable floor space within an
acceptable principal building, parking requirements shall be determined by
Council on a case to case basis based upon projected peak use and typical use
parking requirements.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
85
.5 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
86
5.0 DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
This Section addresses special provisions and specific development standards that apply to the
following developments. These standards apply in addition to any standards of the 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 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.
-
No use shall cause an increase in the demand placed on one or more utilities (water,
sewer, electricity, telephone, garbage, etc.) such that the combined total consumption for
a dwelling and its home based business substantially exceeds the average for res idences
in the area.
-
The use shall not generate substantially more traffic and parking than is normal 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 approval deemed necessary based upon a
specific application.
5.2
GARDEN SUITES
A single Garden Suite may be placed in the back yard of a single-detached residential
development under the following conditions:
-
There is no secondary suite in the primary residence.
-
The Garden Suite dwelling unit is a temporary use and shall be permitted for a five -year
term, which may be renewed at Council's discretion. The landowner shall enter into an
agreement that the land shall not be considered for subdivision.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
87
-
The owner(s) of the host residence live on the site, and:
-
At least one resident of the primary dwelling and one resident of the Garden Suite shall be
related by blood, marriage, or legal adoption.
-
Except for infant children (up to two years of age) of a resident of the Garden Suite
dwelling, there shall be no more than two residents.
-
The occupant(s) of the Garden Suite should be able to benefit from the informal care and
support of relatives in the primary residence, or provide care and support to family in the
primary residence.
-
The floor area of the Garden Suite dwelling shall not be less than 35 m2 (375 ft2) and not
greater than 90 m2 (1000 ft2). The Garden Suite may be a single width mobile home.
-
The Garden Suite shall not be located on a permanent foundation to allow the structure to
be removed from the property when it is no longer required by a relative of the permanent
resident.
-
The maximum height of the Garden Suite shall not exceed 5 meters (16.4 feet) from grade
level and shall have only one story.
-
Garden Suite dwellings shall only be located on sites where the dwelling can be serviced
by existing utilities and can be hooked up to the services of the host residence.
-
Residents of the Garden Suite must have access to the rear yard amenities.
-
The combined site coverage of the single detached dwelling and Garden Suite dwelling
shall not exceed the maximum coverage permitted by this zoning bylaw, and the accessory
dwelling shall be placed so that all other setback requirement of this zoning bylaw are
met;
-
A parking space shall be provided on site for the resident(s) of the Garden Suite dwelling.
-
There shall be direct and separate access to the Garden Suite dwelling by on -site
driveway, or by public roadway or alley.
5.3
RESIDENTIAL 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 Residential 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.
-
The use shall not generate substantially more traffic and parking than is normal for the
district in which the use is located.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
88
5.4
SALVAGE YARDS (AUTO WRECKERS)
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 Salvage Yard/Auto wrecker or similar operation.
-
This includes salvage yards, auto wreckers, auto repair shop, body shops and similar
uses, all savage vehicles and materials, vehicles waiting repair, salvage or removal and
similar uses.
-
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 and adjacent residential development by utilizing any of the
following measures:
a) distance and careful location,
b) natural or planted vegetation,
c)
an earth berm,
d) an opaque fence,
e) a building,
f)
other appropriate methods approved by Council.
5.5
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:
-
Gas pumps and islands shall be set back 6 meters (20 ft) from any site line
-
Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
-
Propane and natural gas pumps (retail or wholesale) shall be set back according to
Provincial regulations
-
Access/egress points shall not be continuous along a street and shall be at least 10
meters(32 feet) apart
-
Off-site traffic circulation shall be accommodated on the site
-
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.
5.6
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 applications
for a Campground:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
89
-
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 o f
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 de velopment.
-
A campground shall have within its boundaries a buffer area abutting the boundary of not
less than 4.5 m (15 ft) 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 (1600 ft2) in area with its corners clearly marked.
-
One sign located on site, advertising the campground is permitted subject to the Sign
Regulations contained herein.
-
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 m (10 ft) 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 (25 ft) in
width. No portion of any campsite, other use or structure shall be located 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.
5.7
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 satis factory to the
District Health Region.
-
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other
than the occupant and his/her immediate family members may be involved or employ ed in
the operation of the bed and breakfast home.
-
Council shall place any additional conditions for approval deemed necessary based upon a
specific application.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
90
5.8
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 300m (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 wastes/sewage disposal shall be included in the application.
-
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.
-
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 governing noise and
public health.
-
All permits issued shall be valid for a two 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.
5.9
HARVEST PRESERVES (GAME 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 1.6km (1 mile) from any other residential site.
-
Harvest preserves shall comply with Section 5.10 and with all federal and provincial
legislation and regulations.
-
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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
91
5.10 AGRICULTURAL TOURISM USES
Agricultural tourism uses shall be accessory to an agricultural farm operation or other dwelling allowed in the
Agricultural Resource Zone.
-
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.
5.11 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.
-
That 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.
-
The development permit shall set out conditions that address garbage and manure control,
pasture management, on site stock trailer parking, participant and spectator parking.
-
The application shall include a Storm Water Management 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 require upgrading because of the
impact of the facility.
-
Details of water supply and sewage disposal shall be included with the application.
-
Council shall place any additional conditions for approval deemed necessary based upon a
specific application.
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:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
92
-
Development and site maintenance shall be in accordance with provincial environmental
and health regulations.
-
Any solid waste disposal facility shall be located 457 m (1500 ft.) 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.
-
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;
-
Specific requirements related to any stripping, filling, excavation and grading associated
with a landfill development; and
-
Requiring development to adhere to any appropriate provincial health regulations.
The above 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.
5.13 SMALL WIND ENERGY SYSTEMS
Only one small wind energy system shall be permitted as an accessory use to the principal use,
subject to the minimum site size requirement, in the following existing zoning districts:
-
The minimum site size for the allowance of any small energy system shall be 0.4 Hectares
(1 Acre) .
-
Maximum total wind tower height or total system height shall be:
-
6.0 meters above grade level in CR-1 Zones
-
ii) 45.0 meters above grade level, in all other permitted zones
-
Wind Tower base and System setbacks:
i)
from any property line
1.5 times tower/system height
ii)
from on-site dwelling
1.5 times tower/system height
iii)
from neighbouring dwellings
< 10 Kw - 100 meters
> 10 Kw - 300 meters
-
For residential applications, wind energy components and towers shall be erected in rear -
yards only.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
93
-
The bottom point of an operating rotor shall be above grade level to manufacturer's
specification at minimum, but in no case nearer than 5 meters (16.25 feet) above grade level.
-
All wind energy systems and towers shall be enclosed within a locked protective chain link
fence of a minimum height of 1.85 meters (6.0 feet) and the design shall be included in the
development permit application for Council's approval.
-
Development and Building Permit applications for a small wind energy system shall include
either a manufacturer's engineering certificate of structural safety or certification of structural
safety via a Saskatchewan Professional Engineer.
-
Installation plans (concrete specifications, anchoring specifications) shall be certified by a
Saskatchewan Professional Engineer.
-
Proof of an approved Electrical Permit has been obtained shall be provided to the municipality
in regards to small wind energy systems.
-
The small wind energy system shall be finished in a non-reflective matte colour or to the
satisfaction of Council.
5.14 TOWERS
-
All towers with a height of 15 meters (49.2 feet) or more shall be considered at the
discretion of Council and shall require a development permit.
-
All towers shall be located on the same site as the intended signal user.
-
All towers shall be erected in rear-yards only.
-
The tower shall not be illuminated unless required by Transport Canada Regulations, and
except for a manufacturer's logo, shall not exhibit or display any advertising.
-
The maximum total tower height shall be:
i. 6.0 meters above grade level in CR-1 zones
ii. 45.0 meters above grade level in all other permitted zones
iii. Temporary Tubular Towers to measure wind speeds and temperatures may be 80.0 metres
above grade level in the Agricultural Resource - AR Distrct at the discretion of Council.
-
Guy-wire anchors shall be setback at least 1.0 meters (3.3 feet) from the property line.
-
All towers that require a development permit shall be enclosed within a locked protective
chain link fence of a minimum height of 1.85 meters (6.0 feet) and the design of the fence
shall be included in the development permit application for Council's appro val.
-
Council, at its discretion, may seek approval of this development from both internal and
external referral agencies.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
94
6.0 ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Rural Municipality of Francis No. 127 is divided into several
Zoning Districts that may be referred to by the appropriate symbols.
Zoning Districts
Symbol
Overlay Districts
Symbol
Agricultural Resource
Country Residential 1
Hamlet District
AR
CR1
H
Overlay Areas
Prestige Highway
Commercial/Industrial
Light Industrial
PHC
IND
Slope Instability
Flood Hazard Lands-Slope
Instability
ES
SI and
FH
6.2
ZONING DISTRICT MAPS
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2012-3"
adopted by the Rural Municipality of Francis No.127, signed by the Reeve and Administrator under
the seal of the Rural Municipality, shall be known as the "Zoning Districts" map, and such map is
hereby declared to be an integral part of this Bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
.1 The boundaries of the Districts referred to in this Bylaw, together with an explanatory
legend, notations and reference to this Bylaw, are shown on the map entitled, Zoning
District Map.
.2 Unless otherwise shown, the boundaries of zoning Districts are site lines, centre lines of
streets, lanes, road allowances, or such lines extended and the boundaries of the
municipality.
.3 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.
.4 Where the boundary of a District is also a parcel boundary and the parcel boundary
moves by the process of subdivision, the District boundary shall move with that parcel
boundary, unless the boundary is otherwise located by amendment to the Bylaw.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
95
7.0 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 including field and forage
crops, irrigation, small intensive agricultural operations and related agricultural diversification
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, market gardens, mushroom
farms, tree and garden nurseries and greenhouses.
b) One detached one unit dwelling, RTM, modular or mobile home following the placement
thereof on a permanent foundation.
c) Accessory Building/Uses.
d) Home Occupation or Home Based Business where accessory to a residence, on the same site.
e) Oil and gas wells, but excluding intensive oil and gas developments as defined.
f)
Grain Elevators
g) Institutional Uses and facilities
h) Places of Worship
i)
Cemeteries
j)
Historical and archaeological sites
k) Wildlife and conservation management areas
l)
Public Utilities
m) Mineral Resource Extraction
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 of the General Administration of this Bylaw:
a) Intensive Livestock Operations (over 300 Animal Units)
b) P.M.U. and poultry operations, feedlots.
c) Large Accessory Buildings used for Commercial Activities
d) Commercial machine shops and accessory structures
e) Agricultural Commercial and other similar uses
f)
Grain Storage sites greater than 100,000 bushels
g) Apiaries, hatcheries, mushroom farms
h) Tree and garden nurseries, market gardens, and greenhouses
i)
Agricultural Accessory Residences (as a permitted accessory use to an agricultural operation)
j)
Non-farm residential
k) Recreational Uses
l)
Aggregate Resource Extraction, Storage and Processing
m) Oil and gas related commercial and other similar uses
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
96
n) Solid and Liquid Waste Disposal Facility
o) Agricultural Industry
p) Agricultural Tourism
q) Garden Suites
r)
Small Wind Energy Systems
s) Towers
t)
Light manufacturing and/or assembly
u) Personal Care Homes
v) Bed and Breakfast homes, where part of a single detached dwelling
w) Campgrounds
x) Private Airstrips
y) Solar Farms (Bylaw #2019-12)
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
development permit from the Development Officer.
7.3
ACCESSORY BUILDINGS AND USES
.1 A permitted accessory use/building shall be defined as any buildings, structures 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.
.2 Setbacks and general performance standards for accessory buildings shall meet the
same requirements as the principal use or building.
.3 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.
.4 Facilities for the direct sale of crops grown by the agricultural operation including
orchards and market gardens shall be considered accessory to a farmstead or residence
in the Agricultural Resource District.
7.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
Agricultural Commercial: 0.4 hectares (1 acre)
Resource Activity: no minimum
Intensive Agricultural activities: 1 hectare (2.54 acres)
Non-farm residential: 1 hectare (2.54 acres) to a maximum of
4 hectares (10 acres) except that the maximum site area may
be a greater area depending on existing physical
circumstances. Two subdivided sites /quarter section.
All other discretionary uses: 1 hectare (2.54 acres)
Minimum site frontage
30 meters
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
97
Minimum front yard
All buildings shall be set back a minimum of 45 meters from
the centre line of any developed road, municipal road
allowance or provincial highway and/or a minimum of 90
meters from the intersection of the centre lines of any
municipal roads or provincial highway or such greater
distance as required for e.g. Site triangle.
Minimum rear yard
15 meters or 25% of the depth of the site whichever is the
lesser
Minimum side yard
15 meters except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard
requirements shall apply
Min 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.
Fence Lines
All fences shall be set back a minimum of 45 meters from the
centre line of any developed road, municipal road allowance
or provincial highway
.1 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.
.2 No dwelling shall be located with less than a minimum separation distance to an operation of
other than the residence of the operation as follows:
a) The separation distance to an Intensive Livestock Operation as regulated in Section 7.7;
b) 305 meters from a licensed public or private liquid waste disposal facility;
c) 457 meters from a licensed public or private solid waste disposal facility;
d) 305 meters from a honey processing facility;
e) Council may reduce the minimum separation distance to the operations listed above, as a
special standard where the applicant submits a written agreement to Council between the
land owner of the dwelling and the owner of the operation agreeing to the reduce d
separation (Council shall maintain a register of all such agreements);
f)
305 meters to a non-refrigerated anhydrous ammonia facility licensed by Province of
Saskatchewan; or
g) 600 m to a refrigerated anhydrous ammonia facility licensed by the Province of
Saskatchewan.
7.5
SUPPLEMENTARY DEVELOPMENT STANDARDS
Agricultural Use
.1 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 ha (160 acres) or
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
98
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 or
transmission line development or government action, natural features such as wa ter
courses or water bodies, or as a result of subdivision as permitted herein.
.2 Any 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.
.3 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 or where legitimate
discretionary agricultural activities require a lesser amount (ie apiaries, greenhouses).
All Other Uses
.4 Where subdivision is proposed to establish a discretionary use, the area proposed for
subdivision shall comprise a minimum of 1 hectare (2.47 acres) and a maximum of 4.05
ha (10 acres) exempting intensive livestock operations under 300 Animal Units, intens ive
agricultural operations, which may exceed the maximum allowable where it is
demonstrated to Council's satisfaction that additional space is necessary for a viable
agricultural operation.
.5 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 under a signed servicing agreement.
.6 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.
.7 A maximum of two Non-Farm residential subdivisions may be permitted per quarter
section 64.8 ha (160 acres) in the AR- Agricultural Resource District in addition to one
farmstead. Such subdivisions shall not exceed the creation of more than three legal
residential parcels, unless rezoned to an appropriate zoning district.
.8 Subdivision proposing to establish more than two (2) new non-farm, single parcel country
residential sites shall be subject to rezoning to a Country Residential District and
compliance with all relevant area, frontage and setback requirements of that zonin g
district.
.9 There shall be no minimum area required for a subdivision facilitating grain elevators,
cemeteries, crematoria and mausoleums, radio, television towers or related facilities.
Temporary Uses
.10 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
non-farm or farmstead residential site within this zoning district, subject to a resolution of
Council, provided that the following criteria is met:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
99
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.
7.6
ACCESSORY AGRICULTURAL RESIDENCE
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 Accessory Residence:
.1 The Development Officer may issue a development permit for more than 1 dwelling on a
parcel if 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 6 months of each year in an
agricultural operation or accessory to an approved discretionary use where applicable
within a zoning district and the additional dwelling is located on a parcel containing a
permitted agricultural operation.
.2 A development permit for an accessory residence when accessory to an approved
discretionary use, and located on a parcel containing the agricultural operation, shall be
considered at the discretion of Council. If approved, the development permit shall be
valid for a period up to five years after which time the Council may at its discretion seek
renewal of the permit on a five (5) year basis provided that the dwelling complies with the
provisions of this Bylaw. The residence shall not be placed on a perman ent foundation to
allow the structure to be removed from the property when it is no longer required by a
relative of the permanent resident.
.3 The applicant shall be responsible to renew the permit every five years.
.4 Accessory dwellings shall only be located on sites where the accessory dwelling can be
serviced by existing utilities.
7.7
INTENSIVE LIVESTOCK OPERATIONS
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:
a) 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 100 animal
units of livestock or where the space per animal unit is less tha n 371.6 m2 (4000 ft2), including
buildings and structures directly related to the operation but not including a residence,
seasonal feeding or bedding sites.
b) 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:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
100
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.
c) In addition to any requirements contained herein, all applications for an ILO shall conform to
the regulations provided within The Agricultural Operations Act, 1995.
d) As a condition of approval, the Municipality shall specify the maximum number of animal units
for which the approval is made, 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 us e conflicts.
e) 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 km (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 and availability of adequate water sources;
xi) Type, volume and frequency of traffic associated with the transportation of animals
and food to and from the site.
f)
When considering the operational/environmental aspects of an application, the Municipality
shall refer all development permit applications to the Ministry of Agriculture for review and
recommendation regarding waste storage, nutrient and mortality manageme nt.
g) ILOs shall refer to the following recommended minimum distance separations:
Type of Development
300-499 Animal Units
500+ Animal Units
Single family dwelling not
owned by the ILO operator,
Multi-Parcel Country Residential
Acreages, tourist
accommodation or campground
1600 meters (1 mile)
4.8 kilometers
(3 miles)
City of Francis
3200 meters (2miles)
9.6 kilometers
(6 miles)
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
101
h) 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 appropri ate and will require
registered written agreement from all land owners directly affected by the reduction.
i)
In determining proximity to a multi-parcel residential subdivision, village, town, 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.
j)
In determining proximity to a single family dwelling located on agricultural property or within a
single parcel country residential subdivision not owned by the Intensive Agricultural Operator,
separation distances shall be measured from the area of confin ement of the animals to the
dwelling.
k) ILOs existing at the time of the adoption of this Bylaw shall continue. However, any expansion
of the operation or change of animal species or type of operation is required to obtain written
approval from Council in accordance with the requirements and conditions of this Bylaw.
l)
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.
m) m) The minimum separation distance between occupied dwellings riparian areas and the location
where manure is to be spread is listed below. Distances are measured between edge of the
manure application area and the edge of a nearest property boundary in me ters.
Location Separation Criteria for Manure Spreading to Dwellings (in meters)
Method
of
Manure
Application
Injected
Incorporated within
24 hours
No incorporation
Towns or Villages,
Multi-Parcel Country
Residential
Acreages and
riparian areas
200 meters
400 meters
800 meters
7.8
AGGREGATE AND MINERAL EXTRACTION
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 and Mineral Extraction (i.e. gravel, potash, sand) activity.
a) For the purpose of this section, Aggregate 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, topsoil stripping
b) An application proposing a new aggregate or mineral extraction use or an expansion to an
existing aggregate or mineral extraction operation shall be a discretionary use and shall
adhere to all appropriate Provincial and Federal regulations.
c) In reviewing applications for aggregate resource extraction operations the environmental
implications of the operation including plans for site restoration shall be considered.
d) 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;
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
102
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) The condition in which the site is to be left when the operation is complete, including
the action which is to be taken for restoring the condition of the surface of the land to
be affected.
e) Aggregate and mineral 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 Municipality. In this regard stock piles shall be located in a position
to act as a sound barrier. Also, the applicant shall apply methods of minimizing the
noise created from 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.
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 Saskatchewan
Environment Reclamation Guidelines for Sand and Gravel Operators.
v) Any aggregate and mineral resource extraction industry proposed to be located within
100 m (328 ft.) of any municipal road, provincial highway or the Wascana Creek and
any significant water runs and creeks shall be permitted only where it would not
adversely impact the environment, or materially interfere with or affect adjacent lands.
vi) Aggregate resource and mineral extraction industries shall have regard to adjacent
land uses and no material is to be stored or piled on any road allowance or within 30
m (100 ft) of the bank of any river or watercourse.
vii) The general resource extraction operator and any person who hauls the aggregate
may be required to enter into a road maintenance agreement.
viii) The aggregate resource and mineral 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.( Gravel and sand). This does not apply to Potash or similar
minerals, which is regulated by other Provincial Agreements and Regulations
ix) The Council may require the aggregate resource extraction operator to post a
performance bond to guarantee adherence to the above noted agreements.
x) An approval of an aggregate resource extraction industry ( sand and gravel) shall be
for a maximum period of two years and may be renewed at the discretion of Council
providing the requirements of this Bylaw continue to be met.
7.9
WIND TURBINES
A private wind turbine may be considered for a discretionary use for the purpose of generating on -
site power and shall be subject to the following development standards:
a) A development permit shall be required before construction and erection commences;
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
103
b) Application for a development permit shall include design plans for the wind turbine
unit, an erection plan for the unit and detailed site plans regarding placement of the
proposed unit(s);
c) Application for a development permit shall include engineering plans for the base
supporting unit and an engineering noise assessment for the specific wind turbine;
d) Maximum allowable sound pressure noise levels(measured in Decibels, dBA, for a
wind turbine unit(s) shall be less than o equal to 55 dBA between 10 pm and 7 am
where measured at 45 meters from the units(s);
e) Setbacks from regional parks, environmentally sensitive areas, raptor nests, herons,
burrowing owl sites and other protected areas shall be defined through a site specific
study as part of the provincial and federal environmental screening process;
f)
The location of the wind turbine shall be set back from all property lines a minimum of
two times the height of the proposed structure to provide for possible collapse, ice
sluffing from the blades and any failure and the flying of the rotating blades;
g) In general, only one (1) wind turbine unit will be considered per site, however, Council
reserves the right to consider a second unit if the combined effects of two units will
meet the development standards and the peace and quiet of adjacent land uses sha ll
not be disturbed by dust, noise, vibration flutter or other similar nuisances generated
by the use.
7.10 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
7.11 SOLAR FARMS
Solar Farms may be considered for a discretionary use for the purpose of generating power for
onsite use or to sell to electrical grid and shall be subject to the following development standards:
a) Must meet minimum discretionary use site size of 1 hectare (2.54 acre) .
b) Maximum Height shall be less than 4.6 metres (15 fee) high.
c) Setbacks from roadways shall adhere to minimum setback of 45 metres from centre
line of a municipal road; however, Council may by Resolution allow a reduced
distanced based on physical circumstances of site.
d) Setbacks from adjacent properties in shall be the minimum of 15 metres (50 feet) as
per Zoning Bylaw, however, with adjacent property owners consent this may be
reduced to a minimum of 3.0 metres (10 feet) from property line of neighboring
agricultural parcel, except where a residence or other permitted use in the Zoning
Bylaw has a specific setback requirement to avoid land use incompatibility.
e) Maximum site coverage shall not apply to Solar Farms.
f)
A security fence shall be required around the perimeter to prevent access to solar
equipment, and for safety of electrical components.
g) Council may require a landscaping or buffering plan to minimize impact on adjacent
property or to insure visibility for road safety.
h) Sound levels shall not exceed sixty-five (65) dBA.
i)
Environmental screening by relevant agencies and all necessary permits and
permissions shall be obtained.
j)
Telecommunication interference should also be addressed by project proposal.
k) Reclamation plan should also be part of project proposal.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
104
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
105
8.0 COUNTRY RESIDENTIAL DISTRICT (CR1)
The purpose of the Country Residential District 1 (CR1) is to accommodate a rural residential
lifestyle where the essential land requirement is for a building site and space rather than for
productive agricultural purposes.
In any Country Residential District 1 (CR1), 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) Multiple Site Country Residential Development
c) Accessory Building/Uses
d) Open space passive recreation activities
e) Nature trails
f)
Existing compatible agricultural uses
g) Home Based Business or Occupation where accessory to a residence, on the same site
h) Artisan or Craft Workshop
i)
Public utilities, buildings, and structures, warehouses and storage yards.
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 of the General Administration of this Bylaw:
a) Residential Care Home
b) Bed and Breakfast Homes, where part of a single detached dwelling
c) Garden Suites
d) Small Wind Energy Systems
e) Institutional Uses
f)
Places of Worship
g) Animal Kennels
h) Equestrian Facilities
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 1(CR1):
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 similar
substances or conditions.
b) Extensive Agricultural Production.
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
106
8.4
ACCESSORY BUILDINGS AND USES
.1 A permitted accessory use/building shall be defined as any buildings, structures 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.
.2 .All accessory uses, buildings or structures (ie 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.
.3 Setbacks and general performance standards for accessory buildings shall meet the
same requirements as the principal use or building.
.4 The Building floor area for large accessory buildings (workshops) located on Country
Residential (CR1) sites may not exceed 185m² (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.
8.5
SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectare (1 acre)
Maximum site area
4 hectares (10 acres) or to be determined at Council's
discretion based on topographical and physical site
limitations
Minimum site frontage
10 meters
Minimum Floor Area
Principal buildings: 74.32m 2 (800 ft²)
Accessory building: shall have a maximum floor area no
greater in size than 1.5 times the floor area of the principal
building and not to exceed 185 square metres (2000 square
feet).
Minimum front yard setback
7.62 meters from an internal road
Minimum setback from Roads
and Highways
All buildings shall be set back a minimum of 45 meters from
the centre line of any developed road, municipal road
allowance or provincial highway and/or a minimum of 90
meters from the intersection of the centre lines of any
municipal roads or provincial highway or such greater
distance as required for e.g. Site triangle.
Minimum rear yard
1.5 meters
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
107
Minimum side yard
1.5 meters except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard
requirements shall apply
Maximum building height
10 meters
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.
.1 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.
.2 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, water bodies there shall be no maximum site area.
a) Existing residential parcels may be enlarged to include adjoining land physically severed
as a result of the above noted barriers;
b) 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
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
.1 The final subdivision design and approved lot density of development in the CR 1 Zoning
District shall be determined by the carrying capacity of the lands proposed for
development as identified within the submission of a Concept Plan and shall not exceed
all requisite standards provided by the Five Hills Health Region for onsite wastewater
disposal systems.
.2 Institutional, recreational land uses as well as public utilities shall have no minimum or
maximum site area requirement.
8.7
FRONT YARD REDUCTION
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the
two established front yards on the adjacent sites; but not be less than 4.5 meters (about 15 feet) in
a Residential district unless otherwise permitted in this Bylaw.
8.8
FRONTAGE FOR IRREGULAR SITES
The minimum site frontage on sites having a curved front site line shall be measured by a line
equal to the minimum site frontage in that particular Zoning District but located back from and
parallel to the midpoint of the chord of the front site line. For the purpose of this sub-section, the
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
108
chord of the front site line is a straight line joining the two points where the side site lines intersect
the front site line.
8.9
PERMITTED YARD ENCROACHMENTS
.1 Where minimum front, side or rear yards are required in a Country Residential 1 zoning
district, the following yard encroachments shall be permitted.
a) Uncovered and open balconies, terraces, verandas, decks, and patios having a maximum
projection from the main wall of 1.8 meters (about 6 feet) into any required front or rear
yard.
b) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar
alterations projecting a distance of 0.6 meters (about 2 feet) into any required yard.
8.10 KEEPING OF LIVESTOCK
The keeping of livestock shall be permitted in the any Country Residential District (CR1) in
accordance with the following schedule:
Animals shall not be pastured within 15 meters (50 ft) 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 meters (100 ft) of a dwelling or property l ine.
8.11 SWIMMING POOL REGULATIONS
.1
All swimming pools and the appurtenances thereto shall be constructed and located
so as to have a yard not less than 1.5 meters (5 feet) in width on all sides except
where the pool is attached to or part of a principal structure. No swimming pool shall
be located in a required front or side yard setback.
.2
For the protection of the general public, all swimming pools shall be effectively
fenced by an artificial enclosure not less than 1.8 meters (6 feet) in height. Any
openings in the enclosure affording access to the pool proper shall have a gate
containing an automatic or manual locking device affixed in such a manner so as to
exclude small children.
.3
Artificial lights for the illumination of swimming pools shall be designed, constructed
and maintained so that no direct ray shall cross any property line.
.4
Any maintenance equipment including heating, filtering, disinfectant and re -
circulation equipment shall not be located at any point within 1.5 meters (5 feet) from
adjacent property lines, and shall be effectively screened and enclosed so as to not
adversely affect the character of surrounding properties. No equipment shall be
Parcel Size
Maximum Number of Animal Units
Permitted
1 to 2 hectares (2.5 to 5 acres)
none
Greater than 2 hectares (5 acres)
Two (2) Animal Units or a maximum 5
Livestock.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
109
permitted, the use of which by reason of the emission of noise, vibrations, dust or
odours would be considered obnoxious or dangerous to the health and safety of the
public.
8.12 TEMPORARY USES
.1
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 non-farm or farmstead 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.
8.13 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
110
9.0 HAMLET RESIDENTIAL DISTRICT-H
The purpose of the Hamlet Residential District (H) is to accommodate potential Hamlets which
provide a residential lifestyle choice.
PERMITTED USES
In any Hamlet Residential District (H), no person shall use any land, building or structure or erect
any building or structure except in accordance with the following provisions:
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) Playgrounds and swimming pools;
d) Home Based Business or Occupation;
e) Artisan or Craft Workshop;
f)
Public works, buildings, and structures, warehouses and storage yards.
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 of the General Administration of this Bylaw:
a) Personal Service Trade;
b) Bed and Breakfast Home;
c) Residential Care Home;
d) Institutional Use and Community Services;
e) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, and
other similar uses;
f)
Lodges, social clubs, service clubs;
g) Municipal offices, libraries, historic and cultural institutions,
h) Places of Worship and Community Halls;
i)
Animal Kennels;
j)
Wind Power Towers and Turbines;
PROHIBITED USES
The following uses shall be strictly prohibited within a Hamlet Residential 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 or
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.
Accessory Buildings and Uses
a) A permitted accessory use/building shall be defined as any buildings, structures 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
111
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.
f)
Subdivision and Site Regulations
Minimum site area
Residential: 557m²
Institutional and Recreational: Minimum: 0.8 hectares (2 acres)
In the case of a parcel that existed prior to the adoption of this Bylaw
there shall be no minimum site area.
Public utilities shall have no minimum or maximum area
requirement.
Minimum site frontage
18.0 meters
Sites for public utilities and institutional uses may be exempted from
minimum frontage and site area requirements.
Minimum front yard
Principal and accessory buildings shall be set back a minimum
of 6.0 meters from the property line adjacent to a municipal
road allowance
Minimum rear yard
Principal buildings shall be set back a minimum of 6.0 meters
from the rear property line. Accessory buildings shall be set
back a minimum of 1.5 meters.
Minimum side yard
All buildings shall be set back a minimum of 1.5 meters, except
where a side yard abuts a Municipal road allowance or a
Provincial highway, the front yard requirements shall apply
Maximum building
height
10 meters
Building Floor Area
requirements
Principal buildings shall have a minimum floor area of 74.32m 2
Accessory buildings shall have a maximum floor area no greater in
size than 1.5 times the floor area of the principal building.
Maximum building floor area for large accessory buildings is 150m².
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.
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) Residential parcels may be exempted from these requirements:
i)
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, water bodies there shall be no maximum site area. Existing residential
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
112
parcels may be enlarged to include adjoining land physically severed as a result of the
above noted barriers;
ii) In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no
minimum or maximum site area.
g)
c) 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 Region, which is acceptable to Council and that meets The Public Health Act
and Regulations requirements.
d) Where minimum front, side or rear yards are required in a Hamlet Residential District the following
yard encroachments shall be permitted.
i.
Uncovered and open balconies, terraces, verandas, decks, and patios having a maximum
projection from the main wall of 1.8 meters into any required front or rear yard.
ii.
Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar
alterations projecting a distance of 0.6 meters into any required yard.
SIGNAGE
The following permanent signage requirements will apply:
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 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 jeopardize the safety of the
public;
d) Temporary signs not exceeding 1 m² advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
FENCE AND HEDGE HEIGHTS
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height of more than 1.0 meter above grade level.
c) In a required rear yard, to a height of more than 2.0 meters above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height
of more than 2.0 meters.
e) No barbed wire or razor wire fences shall be allowed.
OUTDOOR STORAGE
a) The outdoor storage or collection of goods and materials is prohibited in a front yard in any
Hamlet Residential District.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
113
b) Outdoor storage is permitted in a side or rear yard in a Hamlet Residential 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 machinery normally
used for the maintenance of the residential property, vehicles or vehicular par ts.
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.
KEEPING OF LIVESTOCK
The keeping of livestock shall be permitted in the any Hamlet Residential District in accordance with
the following schedule:
.
Parcel Size
Maximum Number of
Animal Units Permitted
1 to 2 hectares (2 to 5 acres)
2
Greater than 2 hectares (5
acres)
One additional Animal Unit /acre
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
114
10.0
PRESTIGE HIGHWAY CORRIDOR COMMERCIAL/INDUSTRIAL DISTRICT (PHC)
The purpose of the Prestige Highway Corridor Commercial/Industrial District (PHC ) is to facilitate a
diverse range of commercial and industrial activities located primarily along provincial highways
and municipal roadways.
In any Prestige Highway Corridor Commercial/Industrial District (PHC), 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) Agricultural Commercial
b) General Commercial Type I
c) General Industrial Type I
d) Sale, rental, leasing and associated servicing of automobiles, trucks, motorcycles and
recreational vehicles, industrial equipment and agricultural implements
e) Tourist facilities
f)
Institutional facilities
g) Recreational uses
h) Accessory Building/Uses
i)
Offices and Professional Office Buildings
j)
Research Laboratories
k) Telecommunication Facilities
l)
Service Stations, Car Wash or Gas Bar
m) Hotels or Motels
n) Veterinary Clinics
o) Trucking Firm Establishment
p) Storage Establishments
q) Bulk Fuel sales and Storage
r)
Small Scale Repair Services
s) Public Utilities
10.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
process as outlined in Section 3 of the General Administration of this Bylaw:
a) General Industry Type ll
b) General Industry Type lll
c) Agricultural Industry
d) Small Wind Energy Systems
e) Contractor's Yard
f)
Animal kennels and domestic animal boarding facilities.
g) 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.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
115
10.3 PROHIBITED USES
The following uses shall be strictly prohibited within a Prestige Highway Corridor
Commercial/Industrial District (PHC):
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.
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
10.4 ACCESSORY BUILDINGS AND USES
.1 A permitted accessory use/building shall be defined as any buildings, structures 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.
.2 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.
.3 Setbacks and general performance standards for accessory buildings shall meet the
same requirements as the principal use or building.
10.5 SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectare (1.0 acre) excepting public utilities and those
commercial/industrial sites which existed prior to the passage of this
Bylaw, which will be deemed to be conforming sites
Minimum site frontage
25 meters
Minimum front yard
All buildings shall be set back a minimum of 45 meters from the
centre line of any developed road, municipal road allowance or
provincial highway and/or a minimum of 90 meters from the
intersection of the centre lines of any municipal roads or provincial
highway
Minimum rear yard
15 meters or 25% of the depth of the site whichever is the lesser
Minimum side yard
15 meters except where a side yard abuts a municipal road allowance
or a provincial highway, 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.
10.6 SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
116
.1 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.
.2 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 register ed title for
the site existed at Information Services Corporation (Land Titles Office) prior to the
coming into force of this Bylaw.
.3 Notwithstanding any other requirements contained in this Bylaw, Service Stations shall
locate underground storage tanks in accordance with The Fire Protection Act.
.4 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 District; however each use
shall obtain a separate development permit.
.5 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.
.6 All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of Council.
10.7 LANDSCAPING
In addition the requirements contained within Section 4.12 of the General Regulations, the
following additional conditions shall be met for developments within a Prestige Highway Corridor
Commercial/Industrial District (PHC):
a) Prior to issuing a development permit for an undeveloped lot in this district, the applicant
shall be required to supply a landscape plan which is satisfactory to Council, and
wherever possible, existing trees should remain.
b) Where a site abuts any country residential district without an intervening road, there shall
be a strip of land adjacent to the abutting site line of not less than 3.0 meters in depth
throughout, which shall not be used for any purpose except landscaping .
10.8 OUTDOOR STORAGE
.1 Outdoor storage is permitted in side and rear yards.
.2 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.
.3 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 two meters in height.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
117
.4 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 it operations. No vehicles, materials or
equipment shall be in a state of disrepair.
10.9 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) Odor - the emission of any odorous gas or other odorous 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.
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.
10.10SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
118
11.0
LIGHT INDUSTRIAL DISTRICT (IND)
The purpose of the Light Industrial District (IND) is to facilitate the development of light industrial
activities located primarily along provincial highways and municipal roadways.
In any Light 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 Industrial Type I
b) General Industry Type ll
c) Agricultural Industry
d) Agricultural Commercial
e) Telecommunication Facilities
f)
Trucking Firm Establishment
g) Storage Establishments
h) Bulk Fuel sales and Storage
i)
Public Utilities
11.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
process as outlined in Section 3 of the General Administration of this Bylaw:
a) General Industry Type lll
b) Service Stations, Car Wash or Gas Bar
c) Sale, rental, leasing and associated servicing of automobiles, trucks, motorcycles and
recreational vehicles, industrial equipment and agricultural implements
d) Small Wind Energy Systems
e) Towers
f)
Water drainage and irrigation projects.
g) Contractor's Yard
h) 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 a Light 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.
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
119
11.4 ACCESSORY BUILDINGS AND USES
.1 A permitted accessory use/building shall be defined as any buildings, structures 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.
.2 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.
.3 Setbacks and general performance standards for accessory buildings shall meet the
same requirements as the principal use or building.
11.5 SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectare (1.0 acre) excepting public utilities and those
commercial/industrial sites which existed prior to the passage of this
Bylaw, which will be deemed to be conforming sites
Minimum site frontage
25 meters
Minimum front yard
All buildings shall be set back a minimum of 45 meters from the
centre line of any developed road, municipal road allowance or
provincial highway and/or a minimum of 90 meters from the
intersection of the centre lines of any municipal roads or provincial
highway
Minimum rear yard
15 meters or 25% of the depth of the site whichever is the lesser
Minimum side yard
15 meters except where a side yard abuts a municipal road allowance
or a provincial highway, 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.
11.6 SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
.1 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.
.2 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 register ed title for
the site existed at Information Services Corporation (Land Titles Office) prior to the
coming into force of this Bylaw.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
120
.3 Notwithstanding any other requirements contained in this Bylaw, Service Stations shall
locate underground storage tanks in accordance with The Fire Protection Act.
.4 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 District; however each use
shall obtain a separate development permit.
.5 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.
.6 All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of Council.
11.7 LANDSCAPING
In addition the requirements contained within Section 4.12 of the General Regulations, the
following additional conditions shall be met for developments within a Light Industrial District
(IND):
a) Prior to issuing a development permit for an undeveloped lot in this district, the applicant shall
be required to supply a landscape plan which is satisfactory to Council, and wherever
possible, existing trees should remain.
b) Where a site abuts any country residential district without an intervening road, there shall be a
strip of land adjacent to the abutting site line of not less than 3.0 meters in depth throughout,
which shall not be used for any purpose except landscaping.
11.8 OUTDOOR STORAGE
.1 Outdoor storage is permitted in side and rear yards.
.2 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.
.3 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 two meters in height.
.4 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 it operations. No vehicles, materials or
equipment shall be in a state of disrepair.
11.9 PERFORMANCE STANDARDS
a) An industrial operation including production, processing, cleaning, testing, repairing, storage
or distribution of any material shall conform to the following standards:
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
121
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) Odor - the emission of any odorous gas or other odorous 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.
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.
11.10SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
122
12.0
HERITAGE RESOURCE OVERLAY (HR)
The Intent of this Overlay Area is to ensure the protection of significant heritage resources located
on land proposed for development. The following regulations are intended to apply supplementary
standards for development in areas designated as having significant heritage resources potential.
The overlay provisions would apply to areas identified by the Ministry responsible and can be
found at www.heritagesask,ca. The mapping by Heritage Branch is continuously being
updated; therefore the map is not defined in the OCP or Zoning Bylaw .
12.1 DEFINING THE BOUNDARY
Archaeological, historic features and paleontological sensitive lands within the Rural Municipality
include:
a) Lands located within the same quarter-section as, or within 500 meters of, a Site of a Special
Nature as defined in The Heritage Property Act.
b) Lands within 500 meters of other previously recorded sites, unless they can be shown to be of
low heritage significance.
12.2 SITE REGULATIONS IN THE HERITAGE RESOURCES OVERLAY AREA
The Municipality will require the developer to search and identify any known heritage sites within
500 meters of any recorded heritage sensitive lands and to comply with all Province of
Saskatchewan legislation.
Any substantive development that lies within these sensitive lands shall be referred to the
provincial Heritage Unit for a heritage review.
Should a Heritage Resource Impact Assessment be required, it is the responsibility of the
developer to have it carried out by a qualified professional under an approved investigation permit.
The study should establish:
a) The presence of heritage sites within the project areas;
b) Suitable mitigation measures that could be implemented;
c) The content, structure, and importance of those heritage sites; and
d) The need for a scope of any mitigative follow-up.
If such an assessment is not done or having been done, Council may defer the issuance of a
development permit until such time as all mitigation requirements have been met.
12.3 HERITAGE RESOURCE DEVELOPMENT
.1 Heritage resource development shall be a discretionary use in all zones.
.2 Heritage resource development shall be exempted from site and frontage area
requirements.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
123
13.0
EROSION AND SLOPE INSTABILITY OVERLAY (SI)
The Intent of this Overlay Area is to restrict development in areas that are considered hazardous
for development for reasons of excessive soil erodability and/or ground instability. The following
regulations are intended to apply supplementary standards for development in areas designated as
having potential for instable soil conditions due to erosion or excessive slopes. The areas
identified are shown on the Reference Maps 6, 7, 8 and 9 and the Zoning Map, and may be
updated on a regular basis when new information becomes available.
No person shall within Erosion and Slope Instability Overlay District use any land, or erect, alter or
use any building or structure, except in accordance with the following provisions:
13.1 PERMITTED USES
Agricultural uses, but not including buildings and structures accessory thereto; and does not
include irrigation works, Intensive Livestock Operations or harvest preserves.
a) Recreational uses.
b) Wildlife habitats and sanctuaries.
13.2 DISCRETIONARY USES
The following uses may be permitted in the Erosion and Slope Instability Overlay Area 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 site development
regulations;
b) Home occupations;
c) Large accessory buildings.
13.3 PROHIBITED USES
a) Off-Road vehicles are restricted to established paths and trails on public lands.
13.4 SITE DEVELOPMENT REGULATIONS
.1 No new development shall be permitted in any readily eroded or unstable slope area if
the proposed development will be affected by or increase the potential hazard presented
by erosion or slope instability.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
124
.2 For the purpose of this Bylaw, the area considered to present potential erosion and/or
slope instability hazard includes but is not limited to the slopes of the Francis River
Valley Creek and Buffalo Pound Lake and any tributary creeks and gullies extending from
the edge of the flood plain in the valley, to the ridge of the slope at the top, plus a
setback of 100 meters.
.3 Council may require a surveyor to determine where this line or crest of valley is located
at the developer's expense and development will be set back from that line at all points.
.4 Any application for a Development Permit on any parcel of land that lies wholly or
partially within an area identified in the "Erosion and Slope Instability 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.
.5 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?
.6 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.
.7 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.
.8 If such an evaluation is not done, or having been done, Council determines that
excessive remedial or servicing measures are necessary to safely and efficiently
accommodate the proposed development, Council shall not be required to approve the
application for development.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
125
14.0
CAUTIONARY FLOOD HAZARD LANDS OVERLAY(FH)
The Intent of this Overlay Area is to restrict development in areas that are considered hazardous
for development in order to minimize property damage due to River flooding. The following
regulations are intended to apply supplementary standards for development in areas designated as
flood hazard zones. This Overlay Area is intended to be used in conjunction with the ES and
SI overlay Areas to better address development constraints and the Zoning Map further
delineates Environmentally Sensitive and Slope Instability Areas.
No person shall within a Cautionary Flood Hazard Lands Overlay District use any land, or erect,
alter or use any building or structure, except in accordance with the following provisions:
14.1 DEFINING THE BOUNDARY
For all proposed development in this cautionary area, the developer shall be re sponsible to obtain
and determine the 1:500 year Estimated Peak Water Level to determine the Safe Building
Elevation. The Saskatchewan Watershed Authority will assist and provide comment when possible
or the developer shall be responsible for the cost. Reference Maps 6, 7, 8 and 9 provide more
information along with the Zoning Map which illustrates Environmentally Sensitive Lands
along waterways and waterbodies.
14.2 PERMITTED USES
a) Agricultural uses, but not including buildings and structures accessory thereto; and does not
include irrigation works, Intensive Livestock Operations or harvest preserves.
b) Recreational uses.
c) Wildlife habitats and sanctuaries.
14.3 DISCRETIONARY USES
The following uses may be permitted in the Cautionary Flood Hazard Lands Overlay Area 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, provided it be constructed in accordance with appropriate flood
proofing measures, and buildings accessory thereto;
b) Home occupation.
14.4 PROHIBITED USES
a) Off-Road vehicles are restricted to established paths and trails on public lands.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
126
14.5 SITE DEVELOPMENT REGULATIONS
.1 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 un less the
site/development meets approved flood proofing measures to the 1:500 flood design
elevation.
.2 No person shall backfill, grade, deposit earth or other material, excavate, or store goods
or materials on these lands nor plan any vegetation parallel to the waterflow.
.3 "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.
.4 Any existing buildings may be replaced or expanded subject to appropriate flood proofing
measures being provided. For the purpose of this Bylaw, appropriate flood proofing
measures shall mean:
a) That all buildings shall be designed to prevent structural damage by flood waters;
b) The first floor of all buildings shall be constructed above the designated flood design
elevation; and
c) All electrical and mechanical equipment within a building shall be located above the
designated flood design elevation.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
127
15.0
PLANNED UNIT DEVELOPMENT CONTRACT ZONING EXAMPLE DISTRICT
Planned Unit Development (PUD) Contract Zoning Designation which may be composed of a mixture of
residential types, institutional, commercial, open space and recreation uses may be permitted in Residential
and Commercial zones subject to the following regulations:
15.1 SITE PLAN
An overall site plan shall be prepared showing landscaping design as well as the physical layouts of all
structures and roads.
15.2. EXEMPTIONS TO ZONE REQUIREMENTS
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 By-law. While areas zoned as "Open Space", may be
incorporated into Planned Unit Developments Contract Zoning, only those
structures permitted in the "Open Space" zones will be allowed.
15.3. MINIMUM SITE AREA
The minimum site area shall be 0.4 Hectare or 1 acre.
15.4. REQUIRED OPEN SPACE
A minimum of 25% of the land area must be common open space or for common
recreational space..
15.5. ALLOWABLE DENSITY
The density of development shall not be increased from the normal density per gross acre
permitted in that zone.
15.6. TITLE REGISTRATION
Planned Unit Development Contract Zoning shall be regulated through a Contract Zoning agreement
which is caveated against the title at Land Registry of ISC.
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
128
16.0
MINERAL RESOURCE EXTRACTION OVERLAY DISTRICT (MRE)
The intent of this overlay district is to protect mineral extraction land from unsuitable
development which would result in greater land use conflict. The Rural Municipality recognizes the
importance of protecting mineral extraction uses from encroachment for the benefit of all residents
and landowners. There are certain other areas in or near potash mines or possible oil and gas
uses which should not be developed due to the risk to people and property.
In the Mineral Resource Extraction Overlay District (MRE), no person shall use any land,
building or structure or erect any building or structure except in accordance with the
following provisions:
16.1 PERMITTED USES
In addition to the uses allowed in the Zoning District, which underlies the MRE Overlay District, the
following are permitted uses:
a) Principal uses, including accessory uses and buildings, but not including a residence;
b) Cemeteries, institutional uses and facilities;
c) Public parks and public recreational facilities;
d) Historical and archaeological sites;
e) Wildlife and conservation management areas.
16.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
uses process as outlined in Section 3 and with regard to the discretionary use criteria provided in
Section 5 of this Bylaw:
a) Communication towers;
b) Public utilities, buildings, and structures, warehouses and storage yards excluding solid and
liquid disposal waste facilities.
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
16.3 DISTRICT REGULATIONS
All the Regulations of the District, which underlies the MRE 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.
16.4 AREAS WITHIN THE MRE OVERLAY DISTRICT
All land shown in the Mineral Resource (Potash) Disposition Map 9 in Appendix "B" of the
Official Community Plan and shown on Zoning Map attached the Zoning Bylaw which may be
amended through Bylaw from time to time to reflect disposition changes consisting of:
a) Surface land owned or leased by a potash company upon which the actual mining facility is
situated (the "Extraction Core Area") and any surface land contiguous to the Core Area that is
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
129
owned or leased by the potash company (this excludes any cluster site which is used as a
pumping station for potash liquification or extraction);
b) Surface land owned or leased mineral resource company; and
c) Land which is approved by Provincial Agency/Ministry mineral resource or gas extraction
purposes.
16.5 METHOD OF APPLICATION
16.5.1 Council shall use the General Regulation Section of this Bylaw in dealing with requests for
new development in this Overlay District. The Development Officer shall circulate any new
development proposal in the Overlay District to neighbouring land owners and other parties
(e.g. Provincial or National Departments/Agencies) for comment. Such parties may choose
to comment at their discretion, before the Development Officer or Council, as the case may
be, makes a decision on the proposal. Such parties are not required to comment.
16.6 POTASH, FERTILIZER AND ETHANOL PLANT DEVELOPMENT
16.6.1 Potash mining operations including, but not limited to, mine offices, maintenance and
processing building, headframes, wells, pipelines and storage facilities will be
accommodated as a Permitted use. Fertilizer plants or the development or an ethanol plant ,
whether in association with potash mining or fertilizer operations or as an independent
operation, will be accommodated as a permitted use.
16.6.2 Other related processing and service related development (tailing ponds, tailings piles,
etc.) will be considered as accessory uses to mining operations and also accommodated as
permitted use, if such uses are already regulated by Provincial or Nat ional 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.
16.6.3 The regulations contained in Section 8.8 shall be used to ensure adequate separation
distances between potash, fertilizer and ethanol operations and other uses. Council shall
determine which uses may conflict with this industry.
16.7 OIL AND GAS DEVELOPMENT
16.7.1 The regulations and policies provided in the Official Community Plan and Zoning Bylaw for
Oil and Gas Development shall apply to the Mineral Extraction Overlay District, where
relevant.
16.7.2 The regulations contained in the Zoning Bylaw shall be used to ensure adequate separation
distances from other uses which may conflict with this industry or land which should not be
developed due to problems with air quality or proximity to pipelin es, oil batteries etc.
16.8 SEPARATION DISTANCES BETWEEN POTASH OR OIL AND GAS DEVELOPMENT
AND OTHER USES
16.8.1 To minimize conflict between mineral extraction, ethanol, potash or oil and gas operations
and surrounding land uses, the following separation distances shall be adhered to.
However, the separation distances may be altered by Council as a condition of a permitted
or discretionary use permit where authorized by the Zoning Bylaw.
16.8.2 The Municipality may grant a reduction or 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 appropria te and will
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
130
require registered written agreement from all land owners directly affected by the
reduction.
a) Council may approve a separation distance that is up to 10% less than the relevant
separation distance shown, where the applicant submits a copy of a signed agreement
between the owner of the potash or oil and gas operation, the owners of adjacent
developments, and the Hamlet or Urban Municipality, agreeing to the reduced separation
distance.
b) Such agreements must contain a provision that the parties to the agreement will then be
registered as an interest agreement to the titles of all affected land owned by, or within
the jurisdiction of, both parties at Land Registry of Information Services Co rporation
(ISC).
c) Where the minimum separation would not be sufficient, but the potential land use conflict
would be reduced to acceptable levels, or eliminated with a greater separation distance,
Council may require a greater separation than shown. This would only apply wh ere an
unacceptable land use conflict would result between existing of future operations and
developments as shown on the Future Land Use Map in the OCP. (Bylaw #2016-01)
Figure 7: Minimum Separation Distances Relating to Potash, Fertilizer, Ethanol Development,
Oil and/or Gas Operations
Land Uses
Oil and Gas Development
Potash, Fertilizer or
Ethanol Development
Single dwelling or tourist
accommodation
1.0 kilometre
from
sour
gas
wells
75.0 metres from other gas and oil
wells
500
metres
(0.5
kilometre)
Multi-Parcel Country
residential subdivisions,
Town, Village, or
Hamlets.
1.0 kilometre
from
sour
gas
wells
75.0 metres from other gas and oil
wells
1.0 kilometre
Commercial Uses
At Council's discretion
At Council's discretion
Recreational Uses
At Council's discretion
At Council's discretion
Fertilizer, Potash or
Ethanol Development
n/a
800 metres
Oil and Gas Development
800 metres
n/a
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
131
17.0
REPEAL AND ADOPTION
Bylaw No. 1-81 and any subsequent amendments are hereby repealed.
This Bylaw 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
13th
day of September
2012.
Read a Second time this
day of
2012.
Read a Third time and adopted this
day of
2012.
_________________________
Reeve
S E A L
_________________________
Rural Municipal Administrator
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
132
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,
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)
retaining walls,
k) proposed on-site and off-site services,
l)
landscaping and other physical site features,
m) a dimensioned layout of parking areas, entrances, and exits,
n) abutting roads and streets, including service roads and alleys,
o) an outline, to scale, of adjacent buildings on adjoining sites,
p) the use of adjacent buildings and any windows overlooking the new proposal,
q) fencing or other suitable screening,
r)
garbage and outdoor storage areas,
s) 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) he vegetation to be retained and/or removed,
c) the type and layout of:
i)
hard (e.g., structures) and soft (e.g.vegetation) landscaping,
ii) the open space system,screening,berms,slopes,
Rural Municipality of Francis No. 127
Zoning Bylaw # 2012-3
133
iii) other, as required, to effectively administers this Bylaw,
d) the types, sizes and numbers of vegetation materials;
e) areas to be damaged or altered by construction activities and proposed methods of restoration;
f)
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
g) historical and archaeological heritage resources and management areas (a Heritage Resource
Assessment as prescribed under The Heritage Property Act may be required).
5) Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to the
following features within two miles:
a) Nearby municipal roads, highways and railways,
b) 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,
c) Critical wildlife habitat and management areas,
d) Mineral extraction resources and management areas, and
e) 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.
a) Proof of current valid interest may include:
i)
proof of ownership
ii) an agreement for sale
iii) an offer or option to purchase
iv) a letter of purchase
v) a lease for a period of more than 10 years
vi) 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 meters and bounds description prepared by the Information Services Corporation, which is
accompanied by an accurate sketch;
c) Photographic Information
d) Photographs showing the site in its existing state.