Rural Municipality of Kellross No. 247, Saskatchewan
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BYLAW NO. 2009-02
THE RURAL MUNICIPALITY OF KELLROSS NO. 247
LEROSS, SASKATCHEWAN
A Bylaw of the Rural Municipality of Kellross No. 247 to adopt a Zoning Bylaw.
Whereas the Council of the Rural Municipality of Kellross No. 247 has, by resolution, authorized the
preparation of a Zoning Bylaw for the Municipality pursuant to The Planning and Development Act,
2007;
And Whereas The Planning and Development Act, 2007 provides in Section 46 that Council may
authorize the preparation of a Zoning Bylaw for the Municipality in conjunction with the adoption of an
Official Community Plan.
And Whereas The Planning and Development Act, 2007 provides that a Zoning Bylaw shall be
adopted by bylaw
And Whereas, Council of the Rural Municipality of Kellross No. 247 held a Public Hearing on
December 7th, 2009 in regards to the proposed bylaw, which was advertised in a weekly paper
on and , in accordance with the public participation
requirements of The Planning and Development Act, 2007
Therefore, the Council of the Rural Municipality of Kellross No. 247 in the Province of Saskatchewan,
in open meeting enacts as follows:
1.
This Bylaw may be cited as the "The Rural Municipality of Kellross No. 247 Zoning Bylaw
2.
The Zoning Bylaw of the Rural Municipality No. 247, is attached as Schedule A to and forms
part of this Bylaw.
3.
This Bylaw shall come into force on the date of final approval by the Minister.
________________________
Reeve
(Seal)
________________________
Administrator
First Reading: ______________________________
Second Reading: December 7th, 2009
Read a Third Time and adopted
This 7th day of December, 2009.
___________________________________________
Administrator
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3
Schedule A
Zoning Bylaw
Rural Municipality of Kellross No 247
Bylaw No. 2009-02
2009
Created by: Autumn Story MCIP PPS
Community Planner
Saskatchewan Association of Rural Municipalities
4
5
Table of Contents
Section
Regulation
Page
1.0
Introduction
7
2.0
Administration
2.1
Authority
8
2.2
Application for Development Permit
8
2.3
Application Requirements
8
2.4
Development Permit Exemption
8
2.5
Application Review and Decision
8
2.6
Referral to Public Health District
9
2.7
Building Permit
10
2.8
Development Appeals Board
10
2.9
Amendment of Zoning Bylaw
10
2.10
Fees
11
2.11
Offences and Penalties
11
2.12
Agreements and Development Levies
11
2.13
Development Standard Conditions
11
2.14
General Discretionary Use Criteria
12
3.0
Regulations
13
3.1
Licenses, Permits and Compliance with Other Bylaws
13
3.2
Access
13
3.3
Building to be Moved
13
3.4
Waste Disposal
13
3.5
Water Supply
13
3.6
Storage of Hazardous Substances
13
3.7
Additional Dwelling Units
13
3.8
Non-Conforming Buildings, Uses and Sites
13
3.9
Sign and Billboard Regulations
14
3.10
Public Utilities
14
3.11
Environmental Development Considerations
15
3.12
Natural Resource Development
15
3.13
Oil and Gas Resource
16
3.14
Home Based Business
16
3.15
Bed and Breakfast and Vacation Farms
17
3.16
Campgrounds
17
3.17
Intensive Livestock Operations
18
3.18
Storage of Vehicles
18
3.19
Keeping of Animals
20
3.20
Junk, Salvage and Auto Wrecking Yards
21
3.21
Apiaries and Aquaculture
21
3.22
Tower
21
3.23
Kennel
21
3.24
Recreational Facilities
22
3.25
Work Camps
22
3.26
Industrial Commercial Uses
22
3.27
Setback Requirements
22
3.28
Accessory Buildings
23
3.29
Wind Farms
24
4.0
Zoning Districts A
25
5.0
A - Agricultural District
26
6
6.0
R - Residential District
28
7.0
C - Commercial District
29
8.0
H - Hamlet District
30
9.0
Definitions
31
Map
37
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1
INTRODUCTION_______________________________________________________
1.1
Title
This Bylaw shall be know as the "Zoning Bylaw" of the Rural Municipality of Kellross
No. 247.
1.2
Authority
Pursuant to Section 46 of the Planning and Development Act, 2007, the Council of the
Rural Municipality of Kellross No. 247 hereby adopts Zoning Bylaw No.2009-02
1.3
Scope
All development within the limits of the municipality shall be in conformity with the provisions
of this Bylaw.
1.4
Purpose
This is a Bylaw to control the use and development of the land in the municipality.
1.5
Bylaw Interpretation
Where any provision of this Bylaw is unclear, Council shall make the final Bylaw
interpretation.
1.6
Severability
If any part of this Bylaw, including anything shown on the zoning district map, is declared to
be invalid for any reason, by an authority of competent jurisdiction, that decision shall not
affect the validity of the Bylaw as a whole, or any other part, section or provision of this
Bylaw.
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2
ADMINISTRATION_____________________________________________________
2.1
Authority
The Rural Municipal Council of the RM of Kellross shall administer this Bylaw. The Council
shall direct the Rural Municipal Administrator to be the Development Officer responsible for
the issuance of development permits.
The Development Officer shall receive, record and review Development Permit applications
and issue decisions in consultation with Council, particularly those decisions involving
subdivision referrals, discretionary uses, development permit conditions and development
and servicing agreements.
2.2
Application for a Development Permit
Every person, before commencing any development within the municipality, shall complete
an application for a Development Permit and receive a Development Permit unless exempt
from the requirement as per Section 2.4.
2.3
Application Requirements
Unless otherwise specified in this Bylaw, every application for Development Permit shall meet
the requirements set in the RM of Kellross Official Community Plan.
Completed Development Permit applications shall include:
-
dimensions of the parcel
-
parcel size
-
location of all existing development
-
location of proposed development
-
setback measurements from road
-
building elevations
-
access location
-
grading or earthworks required for development
-
appropriate fees and securities
2.4
Development Permit Exemption
The following developments shall be exempt from Development Permit requirements but shall
conform to all other Bylaw requirements, including the requirements for obtaining a building
permit, where necessary:
2.4.1
Farm buildings and structures that are accessory to a permitted agricultural operation (this
does not include the residence or discretionary agricultural uses such as intensive livestock
operations).
2.4.2
Field cropping
2.4.3
Pastures for raising livestock (this does not include those associated with intensive livestock
operations).
2.4.4
Municipal facilities and public utilities.
2.4.5
Any operation for the purpose of inspecting, repairing, or renewing municipal facilities and
public utilities
2.4.6
Agricultural or residential fences, gates and walls including those made of wire, wood,
concrete, and other materials as approved by Council.
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2.4.7
On parcels containing a residential dwelling, the storage of up to 3 trailer coaches.
2.4.8
Landscaping
2.4.9
Minor structures ancillary to the residential use of the parcel; such as furnaces, barbecues,
bird feeders, lawn sculptures, etc.
2.4.10 Personal recreational facilities such as tennis courts and swimming pools
2.4.11 Seasonal or holiday decorations
2.4.12 Building maintenance
2.4.13 Television or communication towers under 50 feet in height
2.4.14 Sidewalks, steps, driveways, decks and patios ancillary to the residential use of the property.
2.4.15 The parking of vehicles in accordance with the regulations in this Bylaw.
2.5
Application Review and Decision
An application may be referred to other agencies to obtain comments or recommendations
and to assist in determining proposal conformity with the Official Community Plan and this
Bylaw.
2.5.1
Referrals to Council
The Development Officer may submit an application to Council for a decision on the
interpretation of the bylaw, or upon special conditions provided for in the bylaw, and shall
inform the applicant of this action.
2.5.2
Permitted Uses
Applications for Permitted Uses shall be made to the Development Officer. Application
requirements are set out in Section 2.3 of this Bylaw.
If the proposal conforms to the provisions of this Bylaw, the Development Officer shall issue a
Development Permit subject to any development standards, special regulations, or
performance standards that may be required. Such permits shall be effective for one year
from the date of its issuance.
The Development Officer shall notify the applicant of the decision, with or without conditions.
If the proposal does not conform to the provisions of this Bylaw, the Development Permit shall
be refused and the reasons for refusal shall be stated.
2.5.3
Discretionary Uses
Applications for Discretionary Uses shall be made to the Development Officer. Application
requirements are set out in Section 2.3 of this Bylaw.
The Development Officer shall advertise the discretionary use application at least seven days
before the application is to be considered by council. The notice shall be provided to:
-
The assessed owners of the property within 75 metres of the boundary with the
applicant's land through a letter from the RM describing the proposed development;
and
-
Advertised in the local newspaper.
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The Development Officer shall prepare a report for Councils review and consideration.
Council shall make a decision, with or without conditions, on the Development Permit
proposal based on the provisions of this Bylaw and from comments received from referrals.
The decision shall be made by resolution and such permits shall be effective for one year
from the date of its issuance.
The Development Officer shall notify the applicant of Councils decision. If the proposal is
refused, the reason for the refusal shall be stated and the applicant shall be notified of their
right to appeal.
A new permit is required where Council has previously approved a discretionary use, or a
specific discretionary intensity of use, if the use or intensity changes.
2.5.4
Conditions
Approval of the development permit may be subject to conditions specified in this Bylaw or
the Official Community Plan.
2.5.5
Prohibited Uses
If the proposal is neither a permitted nor a discretionary use within the Zoning District, the
Development Officer shall issue a refusal.
2.5.6
Right of Appeal
An affected person may appeal a decision issued by the municipality in accordance with the
provisions of The Planning and Development Act, 2007.
2.6
Referrals
The Development Officer or Council may refer the development permit application to any
internal or external agency or department for review or comment. A decision on the
development permit application may be delayed, pending a response from the referral.
A copy of all approved Development Permit applications, involving the installation of water
and sanitary services, shall be sent to the local office of the Public Health District.
2.7
Building Permit
A building permit, when required, shall not be issued unless a Development Permit, when
required, has been issued.
2.8
Development Appeals Board
2.8.1
Council shall appoint a Development Appeals Board in conformity with the provisions of the
Planning and Development Act, 2007 within 90 days from the date of this Bylaw coming into
effect.
2.8.2
An appellant shall make the appeal within thirty (30) days of issuing the Development Permit
decision.
2.8.3
In making an appeal to the Development Appeals Board, and hearing such appeal, the
provisions of the Planning and Development Act, 2007, shall apply.
2.8.4
In determining a decision on the appeal, the Development Appeals Board is bound by the
Planning and Development Act, 2007.
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2.9
Amendment of Zoning Bylaw
2.9.1
Council may amend this Bylaw at any time, upon its own initiative or upon request, provided
that the amendments are in keeping with the intent of the Official Community Plan.
2.9.2
Council shall require applicants requesting an amendment to this Bylaw, to submit fees as
per the Rural Municipalities fees bylaw which will include all or part of the cost associated
with public advertisement of the applicant.
2.10
Fees
Payment and fees for all matters pertaining to development shall be as per the RM of Kellross
fees bylaw.
2.11
Offences and Penalties
The Development Officer may enforce this Bylaw, pursuant to Section 242 of The Planning
and Development Act, 2007. This includes issuing a stop work order for work that
contravenes the provisions of this Bylaw in order to achieve compliance.
Any person who violates this Bylaw is guilty of an offence and liable, on summary conviction,
to penalties and subject to an order as stated in Section 243 of The Planning and
Development Act, 2007.
2.12
Agreements and Development Levies
Council may require the applicant to enter into an agreement to ensure conformity with the
Official Community Plan and Zoning Bylaw and/or establish a development levy bylaw to
ensure adequate funding for off-site infrastructure development as set out in the Planning and
Development Act, 2007.
2.12.1 Where a development proposal involves subdivisions, Council may require the applicant to
enter into a servicing agreement to ensure appropriate servicing pursuant The Planning and
Development Act, 2007.
2.12.2 Council may require the applicant to post and maintain a performance bond, irrevocable letter
of credit, or similar legal mechanism to ensure performance and to protect the public interest.
2.12.3 Council may require the applicant to provide and maintain liability insurance to protect the
municipality, applicant, and public.
2.12.4 Council may require that development and servicing agreements and other documents be
registered on the title of the affected lands.
2.13 Development Standard Conditions
To achieve conformity with the requirements of the Official Community Plan and Zoning
Bylaw, Council may establish and incorporate the following development standards for
permitted and discretionary uses, subdivisions or discretionary forms of development with the
development permits:
2.13.1 Mitigating measures identified to address any potentially inappropriate environmental
conditions which may be created or compounded by the development.
2.13.2 Landscaping, buffering and screening to enhance the site and create a sensitive interface
between differing land uses.
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2.13.3 Building sizes, shapes and layouts on sites to reflect the character of the adjacent land uses
and structures.
2.13.4 Servicing agreements pursuant to The Planning and Development Act, 2007.
2.13.5 Conservation, mitigative and rehabilitation measures to maintain and enhance wildlife
habitats, heritage and archaeological area and previously developed areas such as well sites.
2.13.6 Sufficient amenities (recreational, aesthetics, services) to address the needs of the
individuals utilizing the development.
2.14
General Discretionary Use Criteria
Council shall apply the following criteria in making a discretionary use decision in all zoning
districts:
2.14.1 The proposed development shall meet the requirements of the zoning bylaw, including area,
frontage, setbacks, standards and access.
2.14.2 No new or expanded discretionary uses shall be located in the 1:500 flood elevations.
2.14.3 Unless otherwise noted in this Bylaw, the proposed discretionary use shall be located farther
than 1600 m from an intensive livestock operation, waste disposal facility or sewage lagoon;
cemeteries, signs and waste disposal facilities are exempt from this criterion.
2.14.4 The proposed discretionary use shall not negatively change the character of the immediate
area or the use and enjoyment of adjacent lands for their existing use.
2.14.5 Reasonable year round access to the site shall be available.
2.14.5 Any proposed commercial development or commercial agricultural development must have
access to a provincial highway within 3 miles of driving distance, unless the development is
tied to the particular location by a natural resource or rail infrastructure.
2.14.6 Other requirements of this bylaw specific to the proposed use shall be met.
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3
Regulations_____________________________________________________________
The following regulations shall apply to all Zoning Districts in this Bylaw:
3.1
Licenses, Permits and Compliance with Other Bylaws
Nothing in this Bylaw shall exempt any person from complying with the requirements of a
Building Bylaw, or any other Bylaw in force within the municipality, or from obtaining any
permission required by this, or any other Bylaw of the municipality, the province or the federal
government.
Where the provisions in this Bylaw conflict with those of any other municipal, provincial or
federal requirement, the higher or more stringent standards shall prevail.
3.2
Access
Development, including a residence or a farmstead, shall not be permitted unless legal and
physical access is available from a developed road. A developed road is defined as an
existing paved or graded all-weather road on a registered right of way. However, Council
may consider a development proposal if the applicant has made arrangements with Council
to provide for legal and physical access by constructing of a developed road to a standard
approved by Council at the developers own cost.
A site to be created by subdivision shall not be permitted unless the proposed parcel(s) and
the remnant parcel has legal and physical access available from a developed road or the
developer has entered into a Servicing Agreement with Council to provide for legal and
physical access by constructing a developed road to a standard approved by Council.
3.3
Building to be Moved
No building shall be moved within or into the municipality without first obtaining a
Development Permit from the Development Officer. The building being moved must be either
a permitted or discretionary use within the specific zone.
3.4
Waste Disposal
No development or use of land which requires sewage disposal, manure disposal or landfill
facilities shall be permitted unless those facilities are approved by the appropriate
departments of the provincial government. Disposal of liquid, solid or gaseous waste shall be
governed by applicable provincial Acts.
3.5
Water Supply
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies or where a suitable potable water supply cannot be
furnished to the requirements of the Saskatchewan Health and/or the Saskatchewan Water
Corporation.
3.6
Storage of Hazardous substances
The storage of chemicals, fertilizers and combustible materials are subject to provincial and
federal requirements for hazardous substances. All necessary provincial requirements and
permits must be met and obtained prior to the municipality considering the development in
any zone.
3.7
Additional Dwelling Units
Lands within the A - Agricultural District that contains 80 acres or more may have:
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A residence for the operator of the agricultural use
Additional residences for employees or partners of the agricultural operation
to a maximum of three in total.
No more than one residence shall be permitted on parcels within the Residential, Commercial
or Hamlet District.
3.8
Non-Conforming Building Uses and Sites
3.8.1
The provisions of the Planning and Development Act, 2007 shall apply to all non-conforming
buildings, uses and sites.
3.8.2
A non-conforming use must not:
a) Increase in intensity, area or volume within a building or on the parcel it occupies
b) Relocate within a building
c) Move to any other location in a building
d) Move to another portion of the parcel on which the use is situated
3.8.3
Structural alterations or additions may only be made where the use is conforming
3.8.4
Repairs, maintenance or installations that do not alter the size of the building, structural
supporting elements or use may be permitted.
3.8.5
If the non-conforming building is damaged to the extent of 75% or more of the construction
cost to replace the building above its foundation, the building is not to be repaired or rebuilt
except in accordance with this Bylaw.
3.8.6
The use of land or the use of a building is not affected by a change or intended change of
ownership, tenancy or occupancy of the land or building.
3.9
Sign and Billboard Regulations
3.9.1 All signs must conform to any requirements of Saskatchewan Highways and Infrastructure
and meet the provisions of the Signing Corridor administered by the Village of Kelliher.
3.9.2
All signs must comply with the applicable Provincial regulations governing construction and
erection of signs.
3.9.3
All signs must be maintained in a neat and professional manner.
3.9.4
All associated costs and liabilities resulting from sign fabrication and placement shall be the
responsibility of the sign owner.
3.9.5
Signs shall not be accompanied by lights that are considered distracting to the public.
3.9.6
Signs shall not interfere with site lines of a road intersection or railway crossing.
3.9.7
Temporary event signs will not be allowed for more than 21 calendar days prior to the event,
and must be removed no later than three days after the event is completed.
3.9.8
The following signs will not require a permit from the municipality provided they meet the
above noted requirements and are located in an area deemed appropriate by Council:
a) Government or public utility sign
b) Real Estate Signs
c) Directional Signs
d) Civic Address Signs
e) Memorial Signs
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f)
Construction Signs
g) Agricultural Related Signs
3.9.9
There shall be a maximum of 2 commercial/industrial signs located on one parcel.
3.10
Public Utilities
Public utilities shall be permitted in every zoning district, unless otherwise specified by this
Bylaw, no minimum site area or yard requirements shall apply. Notwithstanding the forgoing,
the municipality may require site specific development standards for the utility to ensure
environmental and municipal concerns are addressed.
3.11
Environmental Development Considerations
A Development Permit shall not be issued for development of a site or a road located on land
that, in the opinion of Council, is environmentally sensitive land and not suitable for
development.
3.11.1 Hazard Lands
Where conditions such as geological factors, flooding, erosion, ice action, and slumping, etc
exist, Council may require the applicant to pay for a geotechnical or hydrological inspection of
the site by a qualified professional consultant prior to considering the application.
Development in the flood plain or within the 1 in 500 flood level or below the elevation
recommended by the Saskatchewan Watershed Authority may not be permitted.
3.11.2 Heritage and Archaeological Resource
Council will work with provincial government agencies, in particular the Heritage Resources
Branch of the Ministry of Tourism, Parks, Culture and Sport to ensure the protection of
significant heritage resources. Where the potential for impacting heritage sites exists,
Council will
refer proposed land developments to the Heritage Resource Branch to
determine if a heritage resource impacts assessment study or other action is required.
a) Council may defer issuing a permit for any development until such time as all the
heritage resource impact assessment and mitigation requirements have been
satisfactorily met.
b) There are currently two identified historical sites identified in the RM of Kellross.
Site 1: St. Joseph's Cemetery
Pt. NE 22-26-15-W2M
Site 2: Ukrainian Catholic Parish of Nativity of Blessed Virgin Mary
SW 6-26-13-W2M
c) Development proposals on land identified with potential heritage or archaeological
resource shall only be permitted subject to resource protection, pursuant to The
Heritage Act.
d) Council may require the applicant to undertake a study of the heritage resource.
e) Council may prohibit development and recommend subdivision refusal where
proposals may adversely affect the heritage or archaeological resource unless :
16
i. the applicant can demonstrate that conservation measures will be taken to
ensure heritage and archaeological areas and wildlife and waterfowl
habitats are maintained and enhanced to the satisfaction of Council, and:
ii. the applicant can demonstrate that mitigative and rehabilitation measures
will be taken to ensure site reclamation and enhancement of oil, water, and
gas well sites or other extractive or servicing industry sites, to the
satisfaction of Council
3.11.3 Wildlife Resource
Development proposals within wildlife habitat areas shall ensure conservation of the wildlife
resource and will be referred to the appropriate agencies for review and comments.
3.12
Natural Resource Development
3.12.1 Natural Resource development, including sand and gravel resource development, shall meet
provincial requirements and guidelines
3.12.2 All development shall take into account environmental conditions and other site conditions.
The applicant shall take into consideration the conservation of topsoil, trees, shrubbery,
watercourses, and environmentally significant areas.
3.12.3 If the applicant is not the landowner, the applicant is required to obtain written consent from
the landowner and provide the municipality with a copy of this consent.
3.12.4 Development Permit applications for sand and gravel resources shall be accompanied by:
a) reclamation plans
b) legal land description
c) scope of the operation
d) current use of the lands
e) proposed access and hauling activities (route, hours of hauling, number of trucks,
etc)
3.12.5 The hours of operation shall be to the satisfaction of Council.
3.12.6 The applicant shall be required to provide sufficient dust control measures on the haul route
and at the extraction site.
3.12.7 The applicant shall be required to enter into a road haul maintenance agreement with the
municipality, to the satisfaction of Council.
3.12.7 The extraction site shall be reclaimed to achieve an appropriate and productive use after the
site is no longer required for extraction purposes. Depending on the area, this normally
consists of some combination of the following: smoothing and contouring slopes, replacing
overburden and topsoil and re-vegetating.
3.13
Oil and Gas Resource
3.13.1 Exploration and Development of oil and gas shall be subject to all federal and provincial
requirements, and such activity in and around the municipality must comply with the
objectives and policies outlined in the Official Community Plan.
3.13.2 Oil exploration and any other development proposals in the municipality may be subject to
prior review of a project proposal by Saskatchewan Environment. Any proposal which
satisfies any of the criteria of a development in the Environmental Assessment Act will be
required to undergo an Environmental Impact Assessment and to obtain Ministerial Approval
17
to proceed. An Environmental Protection Plan may be required for any project not requiring
an Environmental Impact Assessment.
3.14
Home Based Business
A Home Based Business will be subject to the following conditions:
3.14.1 The use shall be valid only for the period of time the property is occupied by the applicant.
3.14.2 No variation in the residential character and appearance of the dwelling unit, accessory
buildings, or land shall be permitted. The home based businesses shall clearly be used
ancillary to the use of a farmstead as an agricultural operation or the dwelling unit.
3.14.3 Advertising signs may be limited in size and number and shall form part of the application and
approval.
3.14.4 The use shall not generate substantially more vehicular and/or pedestrian traffic and
vehicular parking than normal within the district.
3.14.5 No offensive noise, vibration, electrical interference, smoke, dust, odors, heat or glare shall
be produced by the use.
3.14.6 The use shall not 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
residence and its home based business substantially exceeds the average for residences in
the area.
3.14.7 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.
3.14.8 The use should not involve the permanent display or storage of goods or equipment upon or
inside the premises such that these items are exposed to public view from the exterior.
3.14.9 All permits issued for a home based business shall be subject to the condition that the permit
is renewed annually.
3.14.10 All permits issued for home based business shall be subject to the condition that the permit
may be revoked at any time if, in the opinion of the Council, the conditions under which the
permit was originally issued are no longer met
3.14.11 Council may, by resolution, declare certain uses to be undesirable as home based
businesses.
3.15
Bed-and-breakfast and Vacation Farms
3.15.1 Vacation farms shall be ancillary to agricultural farm operations and located on the same site
as a farmstead, and may include bed and breakfast and cabins.
3.15.2 Council may specify the maximum number of cabins permitted as part of a vacation farm
operation.
3.15.3 On-site signs shall be permitted in accordance with Section 3.9. Off site signs not exceeding
0.5 sq. m (5 sq. ft) may be permitted at the discretion of Council where necessary to provide
directions from a highway to the operation.
3.15.4 Vacation farms and bed-and-breakfast operations shall be licensed pursuant to The Public
Health Act, where tourist accommodations require health approval.
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3.15.5 Bed-and-breakfast operations shall be located in a single detached dwelling used as the
operator's principal residence developed as a farmstead or residence; or located in a dwelling
accessory to and established on the same site as the host principal residence.
3.16
Campgrounds
3.16.1 The operator of a campground shall provide the Development Officer with a plan of the
campground identifying:
a) All buildings
b) Uses of land
c) Location of all roadways
d) Campsites with dimensions
e) The addition or rearrangement of campsites
f)
The construction or moving of buildings
g) The filling or clearing of land
h) Areas of garbage disposal
3.16.2 A campground shall have within its boundaries a buffer area abutting the boundary of not less
than 4.5 m. The buffer area shall not contain buildings.
3.16.3 Campsites shall not be located within a roadway or required buffer area.
3.16.4 Each campsite shall have direct and convenient access to a developed roadway, which is not
located in the required buffer area.
3.16.5 Each trailer coach shall be located at least 4.5 m from any other trailer coach, and each
campsite shall have dimensions sufficient to allow such location of trailer coaches.
3.16.6 The space provided for roadways within a campground shall be at least 7.5 m in width.
3.16.7 A campground may include, as an ancillary use, a laundromat or a confectionery designed to
meet the needs of the occupants of the campsites, and one residence for the accommodation
of the operator.
3.16.8 The Public Health Act, and the Regulations passed there under, shall be complied with in
respect to all operations and development of the campground.
3.16.9 Should water and waste collection services be provided, the services shall meet the
requirements of the appropriate provincial agencies.
3.17
Intensive Livestock Operations
3.17.1 The operation or facilities for the permanent or temporary rearing, confinement or feeding of
poultry, hogs, sheep, goats, cattle, horses, or domesticated game animals in such number
that the facility and portion of a site used for the operation will contain 100 or more animal
units, and provides less than 370 sq. m (4,000 sq.ft) of space for each animal unit contained
therein.
3.17.2 Livestock confined for the purposes of branding, sorting, health management and market
purposes, for not more than 30 days, is not considered an Intensive Livestock Operation
(ILO).
3.17.3 Council is governed by the location criteria contained in the Official Community Plan and this
Bylaw respecting the approval for an ILO in the issuing of a permit for any use involving the
transshipment, housing or confinement of livestock.
19
3.17.4 Council will consider the development of ILO's if the location of the development does not
create major conflicts between land uses and all provincial guidelines and regulations are
met.
3.17.5 In order to minimize conflicts between intensive livestock operations and surrounding
development, Council will consider the following criteria:
a) The minimum separation distances in Table 1 (shown in metres) shall be applied
to determine acceptable locations for new and expanding ILO.'s.
Table 1
Animal Units
Specific Use
100-
299
300-
499
500-2000
2000-
5000
>5000
Residence, tourist
accommodation, or
campground
300m
400m
800m
1200m
1600m
Multi-parcel residential
subdivision, hamlet, urban
municipality <100
population
400m
800m
1200m
1600m
2000m
Urban municipality
100-500 population
800m
1200m
1600m
2400m
2400m
Urban municipality
501-5000
1200m
1600m
2400m
3200m
3200m
Urban municipality
>5000
1600m
2400m
3200m
3200m
3200m
b) Where an existing ILO is proposing an expansion, a development permit is
required.
c) The applicant shall demonstrate to the satisfaction of Council that the water
supply is sufficient for the development and the supply for neighboring
developments will not be adversely affected by the proposed operation. All water
runs shall be protected from pollution. Council, at its discretion, may require a
soils and water test to be conducted by a qualified professional to confirm that
the site can accommodate the proposal.
d) A greater separation may be needed from any liquid manure storage lagoon
involved in the operation to residential and other developments. Disposal of
manure shall be as per provincial regulations and at Council's discretion.
e) The criterion on a separation distance to the lagoon from a residence of 1.5 times
the distance in Table 1 will be considered adequate.
f)
Council may consider lesser separation distances than given in Table 1 where:
i)
Written notice approved by Council has been given to the owner of a
residence within the distance provided in Table1, and to the hamlet board or
Council of urban municipality with the specified distance.
ii) A public hearing has been held.
20
iii) There is sufficient water supply.
iv) The developer of a proposed ILO has entered into an agreement with the
owner of a residence and the municipality, consenting to the proposed
development up to a specified size, as a condition of approval where the
separation distances are less than the criteria of Table 1. The agreement
shall include the identification of land used for manure spreading and that a
caveat to protect the interest of the parties to the agreement be registered
against the residential, ILO, and land spread sites.
g) As a condition of approval, Council shall specify the maximum number of animal
units for which the approval is made and may impose standards to reduce the
potential for conflict with neighboring uses which specify the location of holding
areas, buildings or manure storage facilities on site.
h) As a condition of approval, Council may specify crop land or improved pasture
which may be used for the disposal of wastes from the ILO by spreading of
manure, and such manure shall be incorporated into the soil within 24 hours of
spreading, unless such incorporation is prevented by adverse weather
conditions, in which case incorporation shall take place as soon as practical
thereafter.
i)
Development of any temporary facility and part of a site shall also require a
development
permit as a discretionary use if it meets the definition of an
ILO.
j)
A new discretionary approval will be required if the applicant wants to expand the
intensity of an intensive livestock operation, alter the species of animals and/or
type of manure to be spread.
k) Residential, tourist accommodation, campground Hamlet, Village or Town
development shall not be located within the Location Separation Criteria of Table
1 for Intensive Livestock Operations unless Council deems a lesser distance is
acceptable pursuant to the foregoing criteria.
l)
Development permit applications shall include:
i)
Size and type of facility
ii) Site plan showing adjacent properties
iii) Manure storage and disposal areas
iv) Surface water
m) Council, at its discretion, may enter into a road haul maintenance agreement with
the operator.
n) Applications will be referred to provincial agencies
3.18
Storage of Vehicles
3.18.1 Notwithstanding anything contained in this Bylaw, no person shall use any site in any district
for the parking and storage outside of an enclosed building of more than four (4) unlicensed
vehicles.
3.18.2 This section does not apply to Junk, Salvage and Auto Wrecking Yards.
21
3.18.3 No wrecked, partially dismantled or inoperative vehicles or machinery shall be stored or
displayed in the front yard of the property.
3.18.4 Council may apply special standards as a condition regarding the screening and location of
area for the storage and display of vehicles, machinery and parts thereof, designed to avoid
an unsightly premise.
3.18.5 On sites located within the Residential District, the parking and storage of less than 3 trailer
coaches will be allowed.
3.18.6 On sites located within the Hamlet District and Commercial District, the parking and storage
of one trailer coach will be allowed.
3.19
Keeping of Animals
3.19.1 Agricultural Parcels, within the Agricultural District, are not subject to these regulations.
Animal Unit
Acres
2 Animal Unit
2 - <10 acres
4 Animal Unit
10 acres
+ 1 Animal Unit
Every additional 3 acres
All other animals shall be limited to domestic pets.
3.19.2 Animals shall not be pastured within 15 metres (50 feet) of any dwelling not owned by the
operator of the pasture or owner of the animals, and no buildings or structures intended to
contain birds or animals shall be located within 30 metres (100 feet) of a property line.
3.20
Junk, Salvage, Auto Wrecking Yards
3.20.1 All junk, salvage and auto wrecking yards shall be enclosed by an opaque or solid perimeter
fence, made of a material approved by Council, at a minimum of 1.8 m (6 feet) in height, but
not more than 3.04 m (10 feet) in height.
3.20.2 The perimeter fence shall not be located within the required front yard. The front yard shall
be used for no other purpose than landscaping, necessary access to driveways and for
customer parking.
3.20.3 All junk, salvage and auto wrecking yards shall be located in the rear yard of the property.
3.20.4 All materials or vehicles connected to the operation of the business shall be stored within the
confines of the perimeter fence.
3.20.5 Vehicles should be stacked no more than two high.
3.20.6 Any other materials and vehicles stored on the site shall not exceed 80% of the height of the
perimeter fence
3.21
Apiaries and Aquaculture
3.21.1 Developments shall not be located within 305m (1000 ft) of a institutional use or other public
facility.
3.21.2 Developments shall not be located within 305m (1000 ft) of a residence on an adjacent
property unless an agreement has been submitted to Council between the properties.
22
3.21.3 The development shall be compatible with the existing character of the neighbourhood and its
associated quality of life.
3.22
Tower
3.22.1 The recommended setback is the tower height plus 10% of the height. However, Council
shall determine the setback from the property line for each application.
3.22.2 If the proposed tower is less than 50 feet in height, the tower will be exempt from
development permit approval as per Section 2.4 of this Bylaw. If the tower is 50 feet in height
or greater, the tower must receive development permit approval and be on a parcel of at least
2 acres in size
3.23
Kennel
3.23.1 Development shall not be located within 305 m (1000ft) of a subdivision, institutional use, or
other similar use.
3.23.2 Pens, rooms, runs and stalls shall be soundproofed to the satisfaction of Council.
3.23.3 All facilities shall meet public health regulations and be kept in a manner satisfactory to the
local health authority
3.23.4 All runs shall be enclosed with a fence acceptable to Council with a minimum height of 6 ft.
3.23.5 Council may regulate the hours that the dogs are allowed outdoors.
3.23.6 Council may require the facilities to be visually screened from adjacent lots.
3.24
Recreation Facilities
3.24.1 All facilities shall meet public health regulations and be kept in a manner satisfactory to the
local health authority
3.24.2 Development shall be subject to conditions put on by Council relating to access, parking, size
of operation, location on parcel, services, landscaping, hours of operation, etc.
3.24.3 The operator of a facility shall provide the Development Officer with a plan identifying:
a) All buildings
b) Uses of land
c) Location of all roadways
d) Any filling or clearing of land
3.25
Work Camp
Development which provides individual or communal residential accommodation for
industrial, commercial or construction works on a short term, temporary basis and is
comprised of transportable dwelling or dwelling units. Development shall be subject to
conditions put on by Council relating to access, parking, size of operation, location on parcel,
required services, landscaping, hours of operation, etc.
3.26
Industrial Commercial Uses
3.26.1 Uses associated with industrial storage and the distribution or transshipment of materials.
3.26.2 The developer of a facility shall provide the Development Officer with a plan identifying:
23
a) Number of employees
b) Water demand and source
c) Sewer demand and method
d) Site disturbance
e) Haul route activities
3.26.3 All developments shall comply with provincial and federal regulations.
3.26.4 Development shall be subject to conditions put on by Council relating to access, parking, size
of operation, location on parcel, services, landscaping, hours of operation, etc.
3.27
Setback Requirements
3.27.1 Public utilities and municipal facilities may be exempt from these requirements at Council's
discretion.
3.27.2 Setbacks for all Districts
Dwelling units and residential accessory buildings shall be located as follows:
a) the separation distance to an intensive livestock operation as regulated in section
3.17;
b) 305 m (1000 feet) from a licensed public or private liquid waste disposal facility or
457 m (1500 feet) from a licensed public or private solid waste disposal facility;
c) 305 meters (1000 feet) from an apiary and aquaculture development;
d) 305 m (1000 feet) to a non-refrigerated anhydrous ammonia facility licensed by
Province of Saskatchewan;
e) 600 m (1970 feet) to a refrigerated anhydrous ammonia facility licensed by the
Province of Saskatchewan; and
f)
No dwelling or other building shall be located within the approach surface for any
functional airport or airstrip.
g) 305 m (1000 ft) from industrial commercial uses
3.27.3 Agriculture, Residential, and Commercial District Setbacks
The minimum setback of buildings, including dwellings:
Front Yard:
45m (148 ft) from the centerline of a developed road, municipal road
allowance or provincial highway or as required by Saskatchewan
Highways and Transportation.
7.6m (25 ft) from an established subdivision road
Side Yard, Rear Yard: 3.0m (10 ft) from an adjacent property or lane.
3.27.4 Hamlet Setbacks
The minimum setback of buildings, including dwellings:
Front Yard:
45m (148 ft) from the centerline of a developed road, municipal road
allowance or provincial highway or as required by Saskatchewan Highways
and Transportation
24
6 m (20 ft) from a highway frontage road or municipal road allowance for
service stations, gas bars, industrial and agricultural service uses or as
required by Saskatchewan Highways and Transportation
6 m (20 ft) from a hamlet road
Side Yard:
3 m (10 ft) from an adjacent property.
3 m (10 ft) from a lane or back alley
Rear Yard:
3 m (10 ft) from an adjacent property.
3 m (10 ft) from a lane or back alley
3.27.5 Minor Variance to Setback Requirements
a) Council may consider a minor variance variation for any or all of these setback
requirements to a maximum amount of 10%. The applicant shall demonstrate a need
for the variance, all provincial and federal requirements shall be met and Council
shall receive a written agreement between the applicant and the adjacent landowner
who is most affected by the variance. Council will maintain a register of all such
agreements.
b) Minor variances to these requirements may be applied for through the development
permit process. Council can approve, approve with conditions or refuse the
application. If the application is refused, the applicant will be notified in writing of the
refusal and will be provided reasons for the refusal. If the application is approved,
with or without conditions, a notice will be sent via registered mail to the applicant
and the adjacent landowners. The notice will contain a summary of the application,
the reason for the decision and information on the right to appeal.
c) The adjacent landowners may appeal the approval, or the applicant may appeal the
conditions of the approval, within 20 days of the receipt of the notice. The decision
approving a minor variance does not take effect until 23 days from the date the notice
was sent out.
3.28
Accessory Buildings
3.28.1 A building incidental and subordinate to the principal building which shall not be used as a
dwelling. Typical uses include garages, sheds, greenhouses, barns, etc.
3.28.2 Non residential accessory buildings and structures for agricultural purposes on parcels of a
quarter section or more used for field crop, pasture and non-intensive livestock operations will
not require development permits.
3.28.3 Accessory buildings and structures for agricultural purposes on agricultural parcels less than
a quarter section are defined as General Agricultural Development and are considered a
discretionary use in the Agricultural District.
3.28.4 Accessory Buildings in the Residential, Commercial or Hamlet District shall be limited to a
maximum size of 100 sq. m (1076 sq. ft). Accessory Buildings proposed prior to the principal
building shall be considered a discretionary use and are subject to development permit
approval.
3.29
Wind Farming
3.29.1 All towers shall be setback from any municipal road, property line and other developments at
a distance equal to the blade length plus 10 metres. This setback is to ensure public safety
from ice shedding or turbine failure or manufacturer's defect.
25
3.29.2 Setbacks between towers and dwellings should be determined on the basis of the sound
levels and based on recommendation from professionals to maintain acceptable sound levels
for municipal residents.
3.29.3 Wind Farm developers shall examine a "consultation area" of 80 km surrounding the
proposed wind farm and provide Council with a summary of findings. From this summary
Council may have additional requirements including setbacks from radios, radars and
telecommunication systems. A single tower may or may not be required to have to examine
a "consultation areas"; this will be at the discretion of Council.
3.29.4 Council may require the developer to take mitigating measures to ensure the development
produces minimal environmental impacts to the surrounding lands.
26
4
Zoning Districts
___________________________________________________
4.1
Districts
For the purpose of applying this Bylaw, the municipality is divided into zoning districts.
4.2
Boundaries
The boundaries of all zoning districts are shown on the map entitled, "Zoning District Map"
which is attached to, and forms a part of this Bylaw. Unless otherwise shown on the map, the
boundaries of the said districts are site lines, centre lines of streets, lanes, road or such lines
extended and the boundaries of the municipality.
4.3
Regulations
Regulations for the zoning districts are outlined in the following sections.
27
5
A - Agricultural District__________________________________________________
The objective of this district is to provide for the primary use of land in the form of agricultural
development and associated farmsteads. Other uses compatible with agricultural development are
provided for to support a farm way of life. Location dependent natural resource development is also
provided for. Fragmentation of agricultural land in this district generally will be avoided.
The subdivision of quarter sections into parcels smaller than 80 acres will not be encouraged except
as is necessary in special circumstances.
5.1
Permitted Uses
Apiary
Aquaculture
Accessory Buildings
Accessory Uses
General Agriculture Development
General Livestock Development
Mobile Home
Modular Home
Municipal Facilities
Public Utilities
Single Detached Dwelling
Tower
5.2
Discretionary Uses
Airports and Private Airstrips
Auction Mart
Bed and Breakfast
Campground
Cemetery
Commercial Agriculture Development
Home Based Business
Intensive Agriculture Operation
Intensive Livestock Operation
Institutional Uses
Junk, Salvage and Auto Wrecking Yards
Kennel
Medical Services
Natural Resource Development
Oil and Gas Resource
Recreational Facilities
Religious Assembly
Sign
Vacation Farm
Waste Disposal Facility (Liquid and Solid)
Wind Farming
Work Camps
5.3 Site Regulations
The subdivision of any land is subject to the policies contained in the Official Community
Plan.
5.3.1
Density: A quarter section or portion thereof located within this district, may contain:
a)
A maximum of 3 parcels
b)
Additional parcels may be considered where:
28
-
the site to be added is physically separated from the remainder of
the section by a registered road plan or by a railway on registered
right of way, and the site had direct access to a developed road
-
the site to be added is intended to be used for Oil and Gas Resource
Development
-
the site to be added is for uses which are deemed appropriate by
Council
c)
The minimum size of any site in this district shall be 4.04 hectares (10 acres)
with at least 2 acres of contiguous developable land
d)
The minimum site frontage shall be 20m (66ft)
e)
Exemptions from minimum frontage and area requirements may be
considered by Council if:
-
The parcel is being created for Oil and Gas Resource
Development
-
The parcel is deemed appropriate by Council
29
6
R - Residential District____________________________________________________
The objective of this district is to provide for the subdivision and development of multi parcel
residential use. Areas with existing multi parcel residences will be zoned residential, other properties
will only be designed to this district by the rezoning process, upon submission of a specific proposal
that is satisfactory to Council and meets the criteria of the Official Community Plan.
6.1
Permitted Uses
Accessory Buildings
Accessory Uses
General Agriculture Development
Mobile Home
Modular Home
Municipal Facilities
Public Utilities
Single Detached Dwelling
6.2
Discretionary Uses:
Bed and Breakfast
Cemetery
Commercial Agriculture Development
Commercial Development
Home Based Business
Institutional Uses
Medical Services
Recreational Facilities
Religious Assembly
Sign
Vacation Farms
Waste Disposal Facilities
6.3
Site Regulations
6.3.1
Subdivision: The subdivision of any land is subject to the policies contained in the Official
Community Plan.
6.3.2
The minimum size of any site in this district shall be 0.8 hectares (2 acres) with at least 2
acres of contiguous developable land
6.3.3
The maximum size of any site in this district shall be 4.04 hectares (10 acres) with at least 2
acres of contiguous developable land.
6.3.4
The minimum site frontage shall be 20m (66ft)
6.3.5
Exemptions from minimum frontage and area requirements may be considered by Council if:
a) The parcel is being created for Oil and Gas Resource Development
b) The parcel is deemed appropriate by Council
30
7
C - Commercial District___________________________________________________
The objective of this district is to provide for specific areas and standards for intensive business,
commercial and industrial development. Properties will be designed to this district by the rezoning
process, upon submission of a specific proposal that is satisfactory to council and meets the criteria
of the Official Community Plan. The Commercial District is intended to encourage business
development opportunities along transportation corridors.
7.1
Permitted Uses
Accessory Building
Accessory Use
Institutional Uses
Municipal Facility
Public Utility
Security Suite
Sign
7.2
Discretionary Uses
Auction Mart
Commercial Agricultural Development
Commercial Development
Industrial Commercial Development
Junk, Salvage and Auto Wrecking
Medical Services
Personal Care Home
Recreation Facilities
Religious Assembly
Waste Disposal Facilities
Work Camp
7.3
Site Regulations
7.3.1
Subdivision: The subdivision of any land is subject to the policies contained in the Official
Community Plan.
a)
Site Area Requirements:
i)
No minimum site area for public utilities and municipal facilities;
ii)
Minimum site area for all other uses shall be 1,000 sq. m (10,764 sq.ft)
b)
Site Frontage Requirements:
i)
No minimum site area for public utilities and municipal facilities; and
ii)
Minimum site area of all other uses is 20 m (66 ft).
31
H - Hamlet District_______________________________________________________
The objective of this district is to provide for dense development of residential and associated
commercial development which does not directly support agriculture. Organized hamlets with
commercial and residential opportunities will be zoned as Hamlet District.
8.1
Permitted Uses
Accessory Building
Accessory Use
Mobile Home
Modular Home
Municipal Facility
Public Utility
Single Detached Dwelling
8.2
Discretionary Uses
Bed and Breakfast
Cemetery
Commercial Agricultural Development
Commercial Development
Home Based Business
Industrial Commercial Development
Institutional Uses
Medical Services
Recreational Facility
Religious Assembly
Waste Disposal Facility
8.3
Site Regulations
8.3.1
Site Area Requirements:
a) The minimum site for commercial related uses shall be 1,000 sq. m (10,764 sq.ft)
b) No minimum site area for public utilities and municipal facilities
c) For all other uses, the minimum site area shall be 450 sq.m (4845 sq.ft).
8.3.2
Site Frontage Requirements:
a) The minimum site frontage for commercial related uses shall be 20 m (66 ft).
b) No minimum site area for public utilities and municipal facilities
c) For all other uses, the minimum site frontage shall be 15 m (50 ft).
32
9
Definitions_________________________________________________________________
Whenever in this Bylaw the following words or terms are used, they shall, unless the context
otherwise provides be held to have the following meaning:
Accessory Use - a use customarily incidental, subordinate, and exclusively devoted to the principal
use or building and is located on the same site with such principal use or building.
Accessory Buildings - A building incidental and subordinate to the principal building which shall not
be used as a dwelling. Typical uses include garages, sheds, greenhouses, barns, etc.
Act - The Planning and Development Act, 2007, as amended.
Alteration - any structural change or additions.
Animal Unit - the kind and number of animals calculated in accordance with the following table:
Kind of Animal
Number of Animals = 1 Animal Unit
_____________________________________________________________
Poultry Hens, cockerels, capons
100
Chicks, broiler chickens
200
Turkeys, geese, ducks
50
Exotic birds
25
______________________________________________________________
Hogs
Boars an sows
3
Gilts
4
Feeder pigs
6
Weanling pigs
20
_______________________________________________________________
Sheep Rams or ewes
7
Lambs
14
________________________________________________________________
Goats
7
_________________________________________________________________
Llamas and Alpacas
7
_________________________________________________________________
Cattle Cows and bulls
1
Feeder cattle
1.5
Replacement heifers 2
Calves
4
__________________________________________________________________
Horses Colts and ponies
2
Other horses 1
___________________________________________________________________
Other
Bison
1
Elk, Reindeer 4
Deer 7
____________________________________________________________________
33
Apiary - development involving the raising of bees for the production of honey.
Applicant - a developer or person applying for a permit under this Bylaw or for subdivision approval
to an approving authority as set out in The Planning and Development Act, 2007.
Aquaculture - development involving the breeding and raising fish, aquatic animals or plants.
Auction Mart - 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.
Bed-and-Breakfast Home - a dwelling unit, licensed as a tourist home under The Public
Accommodation Regulations, in which overnight accommodation within the dwelling unit, along with
one meal served before noon, is provided to the traveling public for a charge.
Building - a structure used for the shelter or accommodation of persons, animals, or chattels.
Building Permit - a permit issued under a building bylaw of the municipality authorizing the
construction of all or part of any building.
Campground - the seasonal operation of an area of land managed as a unit, providing temporary
short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers,
used by travelers and tourists.
Cemetery - development for the entombment of the deceased.
Commercial Agriculture Development - areas of land used for businesses that are agriculture in
nature such as agriculture product processing, agriculture service establishments, grain elevators,
abattoir and rendering facilities, and similar type uses.
Commercial Development - areas of land used for business such as restaurants, hotel, motel,
personal service shop, retail services, service stations, etc.
Contiguous Developable Land - the area of land suitable for development which excludes
environmentally sensitive areas and hazard lands.
Council - the Council of the Rural Municipality of Kellross No. 247, which includes the Reeve.
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.
Development Officer - the body appointed by Council to be responsible for the issuance of
development permits, as per the regulations of this Bylaw.
Development Permit - a document authorizing a development issued pursuant to this Bylaw.
Discretionary Use - a use or form of development specified in this Bylaw, which may be allowed
following application to, and approval of the Council; and which complies with the development
standard, as required by Council, contained in this Bylaw.
Dwelling, Single Detached - a detached building consisting of one dwelling unit and is occupied or
intended to be occupied as a permanent residence but shall not include a mobile home, modular
home or trailer coach.
Dwelling Unit - one or more habitable rooms constituting a self-contained unit and used or intended
to be used together for living and sleeping purposes by one or more persons.
34
Farmstead - a single site, which includes the residence of the farm operator and those buildings, or
facilities that are related to the farm operation, and may include cropland and pastures.
Floor Area - the maximum habitable area contained within the outside walls of a building, excluding
in the case of a dwelling, any private garage, porch, veranda, sun lounge, unfinished basement, or
attic.
General Agriculture Development - Areas of land used for agricultural purposes such as
farmsteads, pasture, and field crops. This includes buildings and other structures incidental to
farming as well as other farm related uses.
General Livestock Development - Areas of land used for the rearing of livestock in connection or
separate from general agriculture development. The density of livestock is less than that of an
Intensive Livestock Operation as defined in this Bylaw.
Hazard Land - includes environmentally sensitive lands and lands which may be prone to flooding,
slumping, subsidence, landslides, erosion, any other instability, or is located within a flood plain or
watercourse.
Home Based Business - a use secondary to the residential use which is operated by the occupants
of a farmstead or residence.
Highway Sign Corridor - a strip of land parallel and adjacent to a provincial highway; where private
signs may be permitted to advertise goods and services of local area businesses and attractions, as
provided by regulations of the Department of Highways entitled "The Erection of Signs Adjacent to
Provincial Highway Regulations, 1986", as may be amended from time to time.
Industrial Commercial Uses: Uses associated with manufacturing, assembling, fabrication,
processing and research/testing activities.
Institutional Uses - development comprised of groups or classes and includes the land, building and
other improvements used by and in connection with the use; typical uses include schools, education
institutions, and institutional camps
Intensive Agricultural Operation - a principal use that produces a crop that is grown in buildings or
under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer
application, but does not include an intensive livestock operation.
Intensive Livestock Operation (ILO) - the operation or facilities for the permanent or temporary
rearing, confinement or feeding of poultry, hogs, sheep, goats, cattle, horses, or domesticated game
animals in such number that the facility and portion of a site used for the operation contains 100 or
more animal units and provides less than 370 sq. m (4,000 sq. ft) of space for each animal unit
contained therein.
Junk, Salvage and Auto Wrecking Yards - development associated with the storage and wrecking
of scrap, miscellaneous materials, and vehicles.
Kennel - development used for breeding, boarding, caring for or training domestic animals including
dogs and cats.
Medical Services - development associated with veterinary services and health services including
clinics, hospitals, and centers.
Mobile Home - a dwelling unit that complies with Canadian Standards Association Code CSA Z240
standard and
a) has water faucets and shower, or other bathing facilities, that may be connected to a
water distribution system; and
b) is equipped with facilities for washing and washroom, or other similar facility, which
may be connected to a sewage system.
35
Modular Home - a factory build home that is manufactured as a whole or modular unit and is
designed to be moved on a removable chassis to be used as one dwelling unit, and is certified by the
manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard.
Municipal Facilities - a facility owned and operated by the Rural Municipality of Kellross No. 247
Municipality - the Rural Municipality of Kellross No. 247
Natural Resource Development - development for the removal, extraction, and processing of raw
materials including sand and gravel resources.
Non-Conforming Building - a building lawfully constructed or lawfully under construction at the time
of the passing of this Bylaw or any amendment to this Bylaw, which affects the conformity of the
building with the regulations of this Bylaw
Non-Conforming Site - a site that contains a conforming use, but the passing of this Bylaw or any
amendment to this Bylaw has affected the conformity of the site.
Non-Conforming Use - any use of land, building, or structure lawfully existing at the time of the
passing of this Bylaw or any amendment to this Bylaw, which affects the conformity of the use with
the regulations of this Bylaw.
Permitted Use - a use or form of development allowed as of right in a zoning district, subject to the
regulations contained in this Bylaw.
Personal Care Home - a facility licensed under The Personal Care Homes Act that provides long
term residential, social and personal care, including accommodations, meals, supervision or
assistance for persons who have some limits on ability for self-care, and are unrelated to the operator
or owner.
Principal Use - the main activities conducted on a site.
Principal Building- the main building for the primary use of the site.
Public Road - a road allowance or a legally surveyed road vested in the name of Department of
Highways.
Public Utility - a government or private enterprise, which provides a service to the general public.
Quarter Section - a quarter section as defined by the Township Plan of Survey of record in the Land
Titles Office, exclusive of any registered road, road widening, or railway right of way, but including
any partial quarter section defined on the Township Plan of Survey.
Recreation Facility- areas of lands, private or public, used for recreational purposes; typical uses
include community halls, museums, libraries, sports fields, parks, rinks, golf courses, ski areas,
private recreation facilities, etc
Religious Assembly - development used for worship, religious activities, and social activities.
Residence/Residential: includes single detached dwelling, dwelling unit, modular home and
manufactured home.
Rural Municipal Administrator - the official administrator for the municipality pursuant to
The Municipalities Act.
Security Suite - residence used to accommodate and provide security to a commercial or an
industrial development.
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Sign - any writing, billboard, pictorial representation, emblem, flag or any other figure of similar
character which:
a) is a structure or any part thereof, or is attached to, painted on, or in any manner
represented
on a building;
b) is used to announce direct attention to, or advertise; and
c) is visible from outside the building.
Site - an area of land with fixed boundaries and which has been registered in the Land Title Office by
Certificate of Title, and for which all portions of the land are consolidated under a single title.
Site Line, Front or 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 Line, Rear - the boundary at the rear of the site and opposite the front site line.
Site Line, Side - a site boundary other than a front or rear site line.
Street - a public road or thoroughfare registered by plan of survey which affords the principal means
of access to abutting property, but shall not include an easement or lane.
Structure - anything that is built, constructed, or erected, located in, on or over the ground, or
attached to something located on or over the ground.
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 Titles Act, 2000.
Tower - A structure for transmitting or receiving television, radio, telephone or other electronic
communications as well as for the transmission of electrical energy.
Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public roads or highways and includes a self-propelled or non-self-propelled vehicle
designed, constructed or reconstructed in such a manner as to permit occupancy as a dwelling or
sleeping place for one or more persons notwithstanding that its running gear is removed or that it is
jacked-up.
Use - the purpose or activity for which a piece of land or its buildings is designed, arranged, occupied
or maintained.
Vacation Farm - an operation 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 rental accommodations in
the farm dwelling or adjacent private cabins comprising of one or more rooms which are furnished to
enable the preparation of meals if full board is not provided.
Waste Disposal Facility, Liquid - a facility to accommodate any waste which contains animal,
mineral or vegetable matter in solution or suspension, but does not include a septic system for a
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 or industrial sources which are typically disposed of in municipal
or private landfills, but not including dangerous goods, hazardous waste or biomedical waste.
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Work Camp - Development which provides individual or communal residential accommodation for
industrial, commercial or construction works on a short term, temporary basis and is comprised of
transportable dwelling or dwelling units.
Yard - the open, unoccupied space on a lot between the property line and the nearest wall of a
building.
Yard, Front - that part of a site that 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 that 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.
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Adoption________________________________________________________________________
1.
This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come
into force on the date of final approval by the Minister.
________________________
Reeve
(Seal)
________________________
Administrator
First Reading:
____________________
Second Reading:
____________________
Read a Third Time and adopted
This _________day of _________________, 20 ___.
_________________________________
Administrator