Rural Municipality of Moose Jaw No. 161, Saskatchewan
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RURAL MUNICIPALITY OF MOOSE JAW
NO. 161 ZONING BYLAW NO. 6--2011
,
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
2
CONTENTS
1.0 INTRODUCTION ......................................................................................................................................... 9
1.1
AUTHORITY ......................................................................................................................... 9
1.2
TITLE .................................................................................................................................. 9
1.3
PURPOSE ............................................................................................................................ 9
1.4
SCOPE ................................................................................................................................ 9
1.5
SEVERABILITY ...................................................................................................................... 9
2.0 DEFINITIONS ........................................................................................................................................... 10
3.0 ADMINISTRATION AND INTERPRETATION ................................................................................................ 28
3.1
DEVELOPMENT OFFICER ..................................................................................................... 28
3.2
COUNCIL ........................................................................................................................... 28
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ......................................................................... 28
3.4
DEVELOPMENT NOT REQUIRING A PERMIT ........................................................................... 29
3.5
CONCEPT PLANS(Comprehensive Development Proposals) .................................................... 30
3.6
DEVELOPMENT PERMIT PROCEDURE .................................................................................... 30
3.7
DISCRETIONARY USE APPLICATION PROCEDURE .................................................................... 31
3.8
REFUSAL OF DEVELOPMENT PERMIT APPLICATION ................................................................ 33
3.9
DEVELOPMENT APPEALS BOARD .......................................................................................... 33
3.10
DEVELOPMENT PERMIT APPLICATION FEES ........................................................................... 34
3.11
DISCRETIONARY USE APPLICATION FEES ............................................................................... 34
3.12
FEE FOR ZONING AMENDMENT APPLICATION ....................................................................... 35
3.13
HOLDING ZONE PROVISIONS ............................................................................................... 35
3.14
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES ...................................................................................................................... 35
3.15
REFERRAL UNDER THE PUBLIC HEALTH ACT .......................................................................... 35
3.16
MINOR VARIANCES ............................................................................................................ 36
3.17
NON--CONFORMING BUILDINGS, USES AND SITES .................................................................. 37
3.18
DEVELOPMENT PERMIT - INVALID ....................................................................................... 37
3.19
CANCELLATION .................................................................................................................. 38
3.20
STOP--WORK ...................................................................................................................... 38
3.21
INTERPRETATION ............................................................................................................... 38
3.22
OFFENCES AND PENALTIES .................................................................................................. 38
3.23
INSPECTION OF PREMISES .................................................................................................. 38
3.24
BYLAW COMPLIANCE .......................................................................................................... 39
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
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3.25
MOVING OF BUILDINGS ...................................................................................................... 39
3.26
DEMOLITION OF BUILDINGS ................................................................................................ 39
3.27
TEMPORARY DEVELOPMENT PERMITS .................................................................................. 39
3.28
DEVELOPMENT AGREEMENTS .............................................................................................. 39
3.29
SERVICING AGREEMENTS .................................................................................................... 39
3.30
PERFORMANCE BONDS ....................................................................................................... 40
3.31
LIABILITY INSURANCE ......................................................................................................... 40
3.32
CAVEATS ........................................................................................................................... 40
4.0 GENERAL REGULATIONS ......................................................................................................................... 41
4.1
LICENSES,PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ....................... 41
4.2
PRINCIPAL USE ESTABLISHED .............................................................................................. 41
4.3
MULTIPLE USES ................................................................................................................. 42
4.4
ACCESSORY BUILDINGS, USES AND STRUCTURES ................................................................... 42
4.5
USES PERMITTED IN ALL ZONING DISTRICTS ......................................................................... 42
4.6
RESTORATION TO A SAFE CONDITION .................................................................................. 43
4.7
GRADING AND LEVELING OF SITES ....................................................................................... 43
4.8
RESTRICTIONS ON CHANGES ............................................................................................... 43
4.9
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ............................................................ 43
4.10
HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT .................................................. 44
4.11
FENCE AND HEDGE HEIGHTS ............................................................................................... 44
4.12
LANDSCAPE BUFFERS ......................................................................................................... 44
4.13
HEIGHT OF BUILDINGS ....................................................................................................... 45
4.14
BUILDING AND SITE MAINTENANCE ..................................................................................... 45
4.15
PROHIBITED AND NOXIOUS USES ......................................................................................... 46
4.16
KEEPING OF DOMESTIC ANIMALS ........................................................................................ 46
4.17
PUBLIC UTILITIES AND MUNICIPAL SERVICES ........................................................................ 46
4.18
CLOSINGS ......................................................................................................................... 47
4.19
ROADWAYS ....................................................................................................................... 47
4.20
FRONTAGE AND ACCESS ..................................................................................................... 47
4.21
APPROACHES ..................................................................................................................... 48
4.22
RAILWAY CROSSINGS AND SIGHT DISTANCES ........................................................................ 48
4.23
SIGHT TRIANGLE ................................................................................................................ 48
4.24
DEVELOPMENT ALONG PIPELINES and GAS TRANSMISSION LINES ........................................... 49
4.25
COMMUNICATION TOWERS ................................................................................................ 50
4.26
DISPOSAL OF WASTES ........................................................................................................ 51
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Zoning Bylaw #6-2011
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4.27
DEVELOPMENT ALONG RIVERBANKS AND HAZARD LANDS ...................................................... 51
4.28
USES OR OBJECTS PROHIBITED OR RESTICTED IN YARDS ........................................................ 52
4.29
VEHICLE STORAGE .............................................................................................................. 52
4.30
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS ................................................................. 53
4.31
LIGHTING .......................................................................................................................... 53
4.32
SIGNAGE ........................................................................................................................... 53
4.33
ZONING DISTRICT SIGN REGULATIONS ................................................................................. 54
4.34
LOADING REQUIREMENTS ................................................................................................... 55
4.35
PARKING ........................................................................................................................... 56
5.0 DISCRETIONARY USE STANDARDS FOR DEVELOPMENT .......................................................................... 58
5.1
HOME BASED BUSINESSES AND OCCUPATIONS ..................................................................... 58
5.2
GARDEN SUITES ................................................................................................................. 58
5.3
RESIDENTIAL CARE HOMES ................................................................................................. 59
5.4
SALVAGE YARDS (AUTO WRECKERS) ..................................................................................... 59
5.5
AUTOMOTIVE SERVICE USES AND GAS PUMPS ...................................................................... 60
5.6
CAMPGROUNDS ................................................................................................................. 60
5.7
BED & BREAKFAST HOMES .................................................................................................. 61
5.8
ANIMAL KENNELS .............................................................................................................. 61
5.9
HARVEST PRESERVES (GAME FARMS) ................................................................................... 62
5.10
AGRICULTURAL TOURISM USES ........................................................................................... 62
5.11
EQUESTRIAN FACILITIES ..................................................................................................... 63
5.12
SOLID & LIQUId WASTE DISPOSAL FACILITIES ....................................................................... 63
5.13
SMALL WIND ENERGY SYSTEMS ........................................................................................... 64
5.14
TOWERS ............................................................................................................................ 65
6.0 ZONING DISTRICTS AND ZONING MAPS ................................................................................................... 66
6.1
ZONING DISTRICTS ............................................................................................................. 66
6.2
ZONING DISTRICT MAPS ..................................................................................................... 66
6.3
BOUNDARIES OF ZONING DISTRICTS .................................................................................... 66
7.0 AGRICULTURAL RESOURCE DISTRICT (AR) ............................................................................................. 67
7.1
Permitted Uses .................................................................................................................. 67
7.2
Discretionary Uses ............................................................................................................. 67
7.3
Accessory Buildings and Uses ............................................................................................. 68
7.4
Subdivision and Site Regulations ........................................................................................ 68
7.5
Supplementary Development Standards .............................................................................. 69
7.6
Accessory Agricultural Residence ........................................................................................ 71
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7.7
Intensive Livestock Operations ........................................................................................... 71
7.8
Aggregate Extraction ......................................................................................................... 73
7.9
Wind Turbines ................................................................................................................... 74
7.10
Signage Regulations ........................................................................................................... 75
8.0 COUNTRY RESIDENTIAL DISTRICT (CR1) ................................................................................................ 76
8.1
Permitted Uses .................................................................................................................. 76
8.2
Discretionary Uses ............................................................................................................. 76
8.3
Prohibited Uses ................................................................................................................. 76
8.4
Accessory Buildings and Uses ............................................................................................. 77
8.5
Subdivision and Site Regulations ........................................................................................ 77
8.6
Supplementary Regulations or Special Provisions ................................................................. 78
8.7
Front Yard Reduction ......................................................................................................... 78
8.8
Frontage for Irregular Sites ................................................................................................ 78
8.9
Permitted Yard Encroachments ........................................................................................... 79
8.10
Keeping of Livestock .......................................................................................................... 79
8.11
Swimming Pool Regulations ................................................................................................ 79
8.12
Temporary Uses ................................................................................................................ 80
8.13
Signage Regulations ........................................................................................................... 80
9.0 HAMLET RESIDENTIAL DISTRICT-H .......................................................................................................... 81
Permitted Uses ............................................................................................................................ 81
Discretionary Uses ....................................................................................................................... 81
Prohibited Uses ........................................................................................................................... 81
Accessory Buildings and Uses ............................................................................................................ 81
Subdivision and Site Regulations ........................................................................................................ 82
Signage ....................................................................................................................................... 83
Fence and Hedge Heights ............................................................................................................. 83
Outdoor Storage .......................................................................................................................... 83
Keeping of Livestock .................................................................................................................... 84
10.0 HAMLET LARGE LOT RESIDENTIAL - HLL ............................................................................................... 84
Permitted Uses ............................................................................................................................ 84
Discretionary Uses ....................................................................................................................... 85
Prohibited Uses ........................................................................................................................... 85
Accessory Buildings and Uses ............................................................................................................ 85
Subdivision and Site Regulations ........................................................................................................ 85
Signage ....................................................................................................................................... 87
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Fence and Hedge Heights ............................................................................................................. 87
Outdoor Storage .......................................................................................................................... 87
Keeping of Livestock .................................................................................................................... 88
11.0
RIVER VALLEY COMMERCIAL DEVELOPMENT DISTRICT 1 (RVD1) ..................................................... 88
11.1
Permitted Uses .................................................................................................................. 88
11.2
Discretionary Uses ............................................................................................................. 89
11.3
Prohibited Uses ................................................................................................................. 89
11.4
Accessory Buildings and Uses ............................................................................................. 90
11.5
Subdivision and Site Regulations ........................................................................................ 90
11.6
Keeping of Livestock .......................................................................................................... 91
11.7
Temporary Uses ................................................................................................................ 91
11.8
Signage Regulations ........................................................................................................... 92
12.0
RIVER VALLEY RESIDENTIAL DEVELOPMENT DISTRICT 2 (RVD2) ..................................................... 93
12.1
Permitted Uses .................................................................................................................. 93
12.2
Discretionary Uses ............................................................................................................. 93
12.3
Prohibited Uses ................................................................................................................. 93
12.4
Accessory Buildings and Uses ............................................................................................. 94
12.5
Subdivision and Site Regulations ........................................................................................ 94
12.6
Keeping of Livestock .......................................................................................................... 95
12.7
Temporary Uses ................................................................................................................ 96
12.8
Signage Regulations ........................................................................................................... 96
13.0
PRESTIGE HIGHWAY CORRIDOR COMMERCIAL/INDUSTRIAL DISTRICT (PHC) ................................... 97
13.1
Permitted Uses .................................................................................................................. 97
13.2
Discretionary Uses ............................................................................................................. 97
13.3
Prohibited Uses ................................................................................................................. 97
13.4
Accessory Buildings and Uses ............................................................................................. 98
13.5
Subdivision and Site Regulations ........................................................................................ 98
13.6
Supplementary Regulations or Special Provisions ................................................................. 98
13.7
Landscaping ...................................................................................................................... 99
13.8
Outdoor Storage ................................................................................................................ 99
13.9
Performance Standards .................................................................................................... 100
13.10 Signage Regulations ......................................................................................................... 100
14.0
LIGHT INDUSTRIAL DISTRICT (IND) ................................................................................................ 100
14.1
Permitted Uses ................................................................................................................ 101
14.2
Discretionary Uses ........................................................................................................... 101
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14.3
Prohibited Uses ............................................................................................................... 101
14.4
Accessory Buildings and Uses ........................................................................................... 101
14.5
Subdivision and Site Regulations ...................................................................................... 102
14.6
Supplementary Regulations or Special Provisions ............................................................... 102
14.7
Landscaping .................................................................................................................... 103
14.8
Outdoor Storage .............................................................................................................. 103
14.9
Performance Standards .................................................................................................... 103
14.10 Signage Regulations ......................................................................................................... 104
15.0
CITY OF MOOSE JAW AIRPORT OVERLAY DISTRICT (AP) ................................................................ 105
15.1
Permitted Uses ................................................................................................................ 105
15.2
Discretionary Uses ........................................................................................................... 105
15.3
Prohibited Uses ............................................................................................................... 105
15.4
Accessory Buildings and Uses ........................................................................................... 106
15.5
Subdivision and Site Regulations ...................................................................................... 106
16.0
15 WING OVERLAY DISTRICT (WING) ............................................................................................. 106
16.1
Permitted Uses ................................................................................................................ 107
16.2
Discretionary Uses ........................................................................................................... 107
16.3
Prohibited Uses ............................................................................................................... 107
16.4
Accessory Buildings and Uses ........................................................................................... 107
16.5
Subdivision and Site Regulations ...................................................................................... 108
16.6
Supplementary Development Regulations ......................................................................... 109
17.0
HERITAGE RESOURCE OVERLAY (HR) ........................................................................................... 109
17.1
Defining the Boundary ..................................................................................................... 109
17.2
Site Regulations in the Heritage Resources Overlay Area .................................................... 110
17.3
Heritage Resource Development ....................................................................................... 110
18.0
EROSION AND SLOPE INSTABILITY OVERLAY (SI) .......................................................................... 110
18.1
Permitted Uses ................................................................................................................ 110
18.2
Discretionary Uses ........................................................................................................... 111
18.3
Prohibited Uses ............................................................................................................... 111
18.4
Site Development Regulations .......................................................................................... 111
19.0
CAUTIONARY FLOOD HAZARD LANDS OVERLAY (FH) ..................................................................... 113
19.1
Defining the Boundary ..................................................................................................... 113
19.2
Permitted Uses ................................................................................................................ 113
19.3
Discretionary Uses ........................................................................................................... 113
19.4
Prohibited Uses ............................................................................................................... 113
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19.5
Site Development Regulations .......................................................................................... 113
20.0
PLANNED UNIT DEVELOPMENT CONTRACT ZONING EXAMPLE DISTRICT ........................................ 115
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
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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 Moose Jaw No. 161 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
Moose Jaw No. 161.
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 Moose Jaw No. 161 in accordance with the Official Community
Plan XX-XX.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within The
Rural Municipality of Moose Jaw No. 161 (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 Moose
Jaw No. 161. 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 Moose Jaw No. 161
Zoning Bylaw #6-2011
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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 Moose Jaw No.161.
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 Moose Jaw No. 161
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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 Moose Jaw No. 161
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-
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 Moose Jaw No.161 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
Rural Municipality of Moose Jaw No. 161
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the
building,
and
production
thereof
excluding 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
Moose
Jaw
No.161
authorizing
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 Moose Jaw No. 161
Zoning Bylaw #6-2011
14
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 Moose Jaw No.161.
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 Moose Jaw No. 161
Zoning Bylaw #6-2011
15
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
Moose
Jaw'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
Moose Jaw No. 161 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
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
16
course, or may be lands that are subject to
flooding
or
are
considered
unstable.
Environmental reserve may also be a strip of
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
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
17
with the amenity of adjacent sites because
of the nature of the site, materials or
processes and shall include but not be
limited to the following activities:
a) the assembling of goods, products or
equipment.
b) the limited processing of raw, value-
added or finished materials.
c) the
storage
or
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
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
18
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.
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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
19
INTENSIVE AGRICULTURE: an intensified
system of tillage and animal husbandry from
the concentrated raising of crops or the
concentrated
rearing
or
keeping,
on
a
continuous basis, of livestock, poultry or
other
products
for
market
and
without
restricting
the
generality
of
the
above
includes:
a) feed lots;
b) livestock operation (hogs, chickens,
etc.);
c) sod farms;
d) market gardens;
e) greenhouses; and
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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
20
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.
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
Moose Jaw No. 161.
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
characterised
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;
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
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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.
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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
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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; 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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
23
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,
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 Moose Jaw No.161 .
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
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
24
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.
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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
25
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.
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.
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
26
VACATION FARM: an operating farm which
may, on a day basis or for overnight
purposes, offer a farm life experience to
groups, families, or individuals and which
may provide either or both of the following:
a) rental
accommodation
in
the
farm
dwelling or adjacent private cabins
comprising one or more rooms furnished
in such a way to enable the preparation
of meals if full board is not provided;
b) a tract of land on which one or more
camping, tenting or parking sites is
located, and the provision of electricity,
potable water and toilet facilities to any
of
the
persons,
families,
groups
occupying any of such sites.
VALUE-ADDED:
the
increase
in
value
generated
by
a
company
or
individual
through the additional processing or sale of
raw materials along the production chain.
VERTICAL
INTEGRATION:
the
accommodation of multiple complimentary
activities
which
could
be
considered
principal permitted uses under single or
multiple
ownership
within
one
or
more
buildings on a single parcel where these
uses are considered to provide additional
processing and/or the sale of manufactured
goods produced 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
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
27
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 Moose Jaw No. 161
Zoning Bylaw #6-2011
28
3.0
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
.1 The Administrator of the Rural Municipality of Moose Jaw No. 161 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 Moose Jaw No. 161
Zoning Bylaw #6-2011
29
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 Moose Jaw No. 161.
.6 Internal Alterations
Rural Municipality of Moose Jaw No. 161
Zoning Bylaw #6-2011
30
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.
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.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 development 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.
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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
compatible with the height, scale, setbacks and design of buildings in the surrounding
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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.
3.9
DEVELOPMENT APPEALS BOARD
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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 copy 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.
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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 Municipality, 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 provincial
officials under the Public Health Act and Regulations.
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.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 relevant
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 approval.
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.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 provisions 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
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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
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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 use 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 the
premises, but only for so long as such use, building, or structure is necessary for such
construction work as has not been finished or abandoned.
.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.
3.29 SERVICING AGREEMENTS
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.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 within 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.
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4.0
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES,PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
.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
Moose Jaw No.161, 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 Moose Jaw No. 161 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 site except
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,
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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 building is
deemed to be part of the principal building.
.4 Unless otherwise specified in this Bylaw, a residential use shall no 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.
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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 levelled 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 contravenes 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
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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.
4.12 LANDSCAPE BUFFERS
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.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.
.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
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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.
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.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 out
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 the
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.
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.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)
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Railway Lines
80 meters (262 feet)
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
Set backs 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
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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.
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.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 discharged into
any steam, creek, river, lake, pond, slough, intermittent drainage channel or other body
of water, onto or beneath the surface of any land, or into the air.
.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 shall be
governed by Acts administered by the Ministries of Saskatchewan Agriculture,
Saskatchewan Environment, Saskatchewan Health and the Saskatchewan Watershed
Authority.
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 shall 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
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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.
.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.
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.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
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.
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.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.
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 m2 (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 m2 (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
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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 m2
(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.
One attached sign shall be permitted not exceeding 5.6 m2
(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 m2
(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.
Highway Commercial/ Industrial
District (C1)
River Valley District1 (RVD1)
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 m2 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 m2 (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.
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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 facilities
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 relation to
buildings and entry points to buildings on the site.
.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.
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.
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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.
.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.
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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 m2 (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 residences
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.
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-
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.
5.4
SALVAGE YARDS (AUTO WRECKERS)
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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:
-
The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and
trailer coach or tent campsites with dimensions. The addition or rearrangement of
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campsites, the construction or moving of buildings, and the material change in use of
portions of land, or the filling or clearing of land shall require a development permit, and
the operator shall submit for approval an amended plan incorporating the development.
-
A campground shall have within its boundaries a buffer area abutting the boundary of not
less than 4.5 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 m2 (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 satisfactory 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 employed in
the operation of the bed and breakfast home.
-
Council shall place any additional conditions for approval deemed necessary based upon a
specific application.
5.8
ANIMAL KENNELS
Rural Municipality of Moose Jaw No. 161
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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 m2 (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.
5.10 AGRICULTURAL TOURISM USES
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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:
-
Development and site maintenance shall be in accordance with provincial environmental
and health regulations.
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-
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.
-
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.
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-
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
-
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 approval.
-
Council, at its discretion, may seek approval of this development from both internal and
external referral agencies.
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6.0
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Rural Municipality of Moose Jaw No. 161 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
Large Lot Hamlet
River Valley Commercial
Development District 1
AR
CR1
H
HLL
RVD1
Overlay Areas
15 Wing Moose Jaw
City of Moose Jaw Airport
WING
AP
River Valley Residential
Development District 2
Prestige Highway
Commercial/Industrial
Light Industrial
RVD2
PHC
IND
Heritage Resource
Slope Instability
Flood Hazard Lands
HR
SI
FH
6.2
ZONING DISTRICT MAPS
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. XX-XX"
adopted by the Rural Municipality of Moose Jaw No.161, 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.
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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
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
n) Solid and Liquid Waste Disposal Facility
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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
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
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
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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 reduced
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
such lesser amount as remains in an agricultural holding because of the original township
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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.
.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, intensive
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 zoning
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:
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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 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.
.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 than 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:
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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 use 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 management.
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 Moose Jaw
3200 meters (2miles)
9.6 kilometers
(6 miles)
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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 appropriate 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 confinement 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 meters.
Location Separation Criteria for Manure Spreading to Dwellings (in meters)
Method
of
Manure
Application
Injected
Incorporated within
24 hours
No incorporation
City of Moose Jaw,
Multi-Parcel Country
Residential Acreages
and riparian areas
200 meters
400 meters
800 meters
7.8
AGGREGATE 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 Extraction 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 extraction use or an expansion to an existing
aggregate extraction operation shall be a temporary and 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;
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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 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 resource extraction industry proposed to be located within 100 m (328
ft.) of any municipal road, provincial highway or the Moose Jaw River, Thunder Creek
and Buffalo Pound Lake shall be permitted only where it would not adversely impact
the environment, or materially interfere with or affect adjacent lands.
vi) Aggregate resource extraction industries shall have regard to adjacent land uses and
no material is to be stored or piled 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 extraction operator must report the amount of aggregate
extracted by November 1 of each year or the end of the hauling season whichever
comes first.
ix) The 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 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;
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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 shall
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.
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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.
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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: 74.32m2 (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
Minimum side yard
1.5 meters except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard
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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 CR1 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
chord of the front site line is a straight line joining the two points where the side site lines intersect
the front site line.
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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 line.
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
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.
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.
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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.
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9.0
HAMLET RESIDENTIAL DISTRICT-H
The purpose of the Hamlet Residential District (H) is to accommodate existing 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.
f)
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.
g)
Accessory Buildings and Uses
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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.
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.
h)
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 74.32m2
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:
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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 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.
i)
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
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a)
The outdoor storage or collection of goods and materials is prohibited in a front
yard in any Hamlet Residential District.
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 parts.
f)
Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
KEEPING OF LIVESTOCK
The keeping of livestock shall be permitted in the any Hamlet Residential District in accordance
with the following schedule:
10.0
HAMLET LARGE LOT RESIDENTIAL
The purpose of the Hamlet Large Lot Residential District (HLL) is to accommodate growth of
existing Hamlets which provide a residential lifestyle choice.
PERMITTED USES
In any Hamlet Large Lot Residential District (HLL), no person shall use any land, building or
structure or erect any building or structure except in accordance with the following provisions:
g) One detached one unit dwelling, RTM, modular or mobile home following the placement
thereof on a permanent foundation.
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
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h)
Uses, buildings and structures accessory to the foregoing permitted uses and
located on the same site with the main use.
i)
Playgrounds and swimming pools;
j)
Home Based Business or Occupation;
k) Artisan or Craft Workshop;
l)
Public works, buildings, and structures, warehouses and storage yards.
j)
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:
k) Personal Service Trade;
l)
Bed and Breakfast Home;
m) Residential Care Home;
n) Institutional Use and Community Services;
o) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, and
other similar uses;
p) Lodges, social clubs, service clubs;
q) Municipal offices, libraries, historic and cultural institutions,
r)
Places of Worship and Community Halls;
s) Animal Kennels;
t)
Wind Power Towers and Turbines;
PROHIBITED USES
The following uses shall be strictly prohibited within a Hamlet Large Lot Residential District (HLL):
c) 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.
d) All uses of buildings and land except those specifically noted as permitted or discretionary.
k)
Accessory Buildings and Uses
d) 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.
e) 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.
f)
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
l)
Subdivision and Site Regulations
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Minimum site area
Residential: 1.0 hectare or 2.54 acre
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 74.32m2
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.
c) 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.
d) 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
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.
m)
d) 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
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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.
e) Where minimum front, side or rear yards are required in a Hamlet Large Lot Residential District
the following yard encroachments shall be permitted.
iii.
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.
iv.
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:
e) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² ;
f)
In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
g) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
h) 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
f)
No hedge, fence or other structure shall be erected past any property line.
g) In a required front yard, to a height of more than 1.0 meter above grade level.
h) In a required rear yard, to a height of more than 2.0 meters above grade level.
i)
Except permitted accessory buildings, no fence or other structure shall be erected to a height
of more than 2.0 meters.
j)
No barbed wire, or razor wire fences shall be allowed.
OUTDOOR STORAGE
g) The outdoor storage or collection of goods and materials is prohibited in a front yard in any
Hamlet Residential District.
h) 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.
i)
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.
j)
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.
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k)
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 parts.
l)
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:
11.0
RIVER VALLEY COMMERCIAL DEVELOPMENT DISTRICT 1 (RVD1)
The purpose of the River Valley Commercial Development District 1 (RVD1) is to accommodate
Highway related Commercial and Industrial activities where the essential land requirement is for a
building site and location adjacent to a major highway.
In the River Valley Commercial Development District 1 (RVD1), 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) Accessory Building/Uses
b) General Commercial 1
c) General Industry Type 1
d) Agricultural Commercial
e) Agricultural Industry
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
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f)
Service Stations, Car Wash or Gas Bar
g)
Hotels or Motels
h) Market Gardens, Tree Nurseries
i)
Open Space passive recreation activities
j)
Animal Kennels
k) Natural Area, trails and lookout sites
l)
Wildlife and wildfowl habitat and conservation projects
k) Existing and compatible agricultural uses.
j)
Existing oil and gas and mineral and gravel development which received necessary regulatory
approvals prior to the passage of the bylaw.
k) Public works, buildings, and structures, warehouses and storage yards.
11.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 of the General Administration of this Bylaw:
a) General Industrial Type II
b) One detached one unit dwelling, RTM or modular home following the placement thereof on a
permanent foundation.
c) Home Based Business or Occupation where accessory to a residence, on the same site
d) Artisan or Craft Workshop
e) Bed and Breakfast Homes, where part of a single detached dwelling
f)
Golf courses and related recreational facilities
g) Small Wind Energy Systems
h) Towers
i)
Equestrian Facility
j)
Crematorium, internment and related facilities
k) Water drainage and irrigation projects.
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 the River Valley Commercial Development
District 1 (RVD1):
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.
c) "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.
d) Setbacks from Sensitive Areas and Projects shall be determined at Council's discretion based
on appropriate recommendation from project proponents, e.g., Ducks Unlimited or Sask
Environment.
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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, institutional
and recreational uses. Those uses existing prior to passage
of the bylaw will be considered conforming. In addition the
minimum site size may be reduced based on physical
circumstances unique to the site.
Maximum site area
4 hectares (10 acres) or greater depending upon physical
circumstances unique to the site
Minimum site frontage
25 meters
Maximum Height
10 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.
.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:
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a) 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 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.
.3 No development or use of land shall be permitted where the proposal will adversely affect
domestic or municipal water supplies, or where a suitable, potable water supply cannot
be furnished to the requirements of the Five Hills Health Region and/or Sask
Environment.
.4 The final subdivision design and approved lot density of development in the RVD1 Zoning
District shall be determined by the carrying capacity of the lands proposed for
development as identified within the submission of a comprehensive development review
and shall not exceed all requisite standards provided by the Five Hills Health Region for
onsite wastewater disposal systems.
11.6 KEEPING OF LIVESTOCK
The keeping of livestock shall be permitted in the River Valley Development District 1(RVD1) 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 line.
11.7 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.
Parcel Size
Maximum Number of Animal Units
Permitted
1 to 2 hectares (2 to 5 acres)
none
Greater than 2 hectares (5 acres)
Two (2) Animal Units or a maximum five
(5) Livestock.
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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.
11.8 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
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12.0
RIVER VALLEY RESIDENTIAL DEVELOPMENT DISTRICT 2 (RVD2)
The purpose of the River Valley Residential Development District (RVD) is to
accommodate rural residential and recreational activities where the essential land requirement is
for a building site rather than agricultural production.
In the River Valley Residential Development District 2 (RVD2), no person shall use any land,
building or structure or erect any building or structure except in accordance with the
following provisions:
12.1 PERMITTED USES
a) Accessory Building/Uses
b) One detached one unit dwelling, RTM or modular home following the placement thereof on a
permanent foundation.
c) Multi-Parcel Country Residential development
d) Home Based Business or Occupation where accessory to a residence, on the same site
e) Natural Area, trails and lookout sites
f)
Open Space passive recreation activities
g) Development which undertakes to manage, protect and enhance the environmentally sensitive
area,
h) Wildlife and wildfowl habitat and conservation projects
i)
Existing and compatible agricultural uses.
j)
Existing oil and gas and mineral and gravel development which received necessary regulatory
approvals prior to the passage of the bylaw.
k) Market Gardens, Tree Nurseries
l)
Institutional Facilities
m) Artisan or Craft Workshop
n) Public works, buildings, and structures, warehouses and storage yards.
o)
12.2 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) Bed and Breakfast Homes, where part of a single detached dwelling
b) General Commercial I
c) General Industrial I
d) Animal Kennels
e) Craft shops
f)
Small Wind Energy Systems
g) Towers
h) Equestrian Facility
i)
Water drainage and irrigation projects.
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
development permit from the Development Officer.
12.3 PROHIBITED USES
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.1
The following uses shall be strictly prohibited within the River Valley
Development District 2 (RVD2):
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.
c) "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.
d) Setbacks from Sensitive Areas and Projects shall be determined at Council's discretion
based on appropriate recommendation from project proponents, e.g., Ducks Unlimited or
Sask Environment.
12.4 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.
.4 The building floor area for large accessory buildings (workshops) located on River Valley
District 2(RVD2) 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.
12.5 SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectare (1.0 acre) excepting public utilities and
recreational land uses. Those uses existing prior to passage
of the bylaw will be considered conforming. In addition the
minimum site size may be reduced based on physical
circumstances unique to the site.
Maximum site area
4 hectares (10 acres) In addition the maximum site size may
be increased based on physical circumstances unique to the
site.
Minimum site frontage
25 meters
Minimum front yard
All buildings shall be set back a minimum of 45 meters from
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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.
.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:
a) 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
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.
12.6 KEEPING OF LIVESTOCK
The
keeping
of
livestock shall be permitted in the River Valley Residential Development District in accordance with
the following schedule:
Parcel Size
Maximum Number of Animal Units
Permitted
1 to 2 hectares (2 to 5 acres)
Two (2)
Greater than 2 hectares (5 acres)
Two (2) or a max. Five (5) Livestock .
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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 line.
12.7 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.
12.8 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
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13.0
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:
13.1 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
13.2 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.
13.3 PROHIBITED USES
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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 similar substances or
conditions.
b) Dwelling units.
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
13.4 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.
13.5 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.
13.6 SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
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.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 registered 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.
13.7 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.
13.8 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.
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.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.
13.9 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.
13.10 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
14.0
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:
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14.1
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
14.2 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.
14.3 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 similar substances or
conditions.
b) Dwelling units.
c) All uses of buildings and land except those specifically noted as permitted or discretionary.
14.4 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.
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.3
Setbacks and general performance standards for accessory buildings shall
meet the same requirements as the principal use or building.
14.5 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.
14.6 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 registered 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.
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14.7
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.
14.8 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.
14.9 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;
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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.
14.10 SIGNAGE REGULATIONS
All developments shall comply with Section 4.33 General Regulations.
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15.0
CITY OF MOOSE JAW AIRPORT OVERLAY DISTRICT (AP)
The purpose of the City of Moose Jaw Airport Overlay District (AP) is to recognize the
operational requirements of Moose Jaw Airport and the related safety considerations and
development of compatible uses as per the recommendations of the Moose Jaw Municipal Airport
Development Plan and the Official Community Plan.
No person shall use any land, building or structure or erect any building or structure except
in accordance with the following provisions:
15.1 PERMITTED USES
a) Existing 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) Accessory Building/Uses
c) Hangers and related storage facilities
d) Commercial warehouses related to Airport businesses
e) Aviation related commercial and light industrial uses
f)
Aviation related manufacturing and repair facilities
g) Airport Terminal facilities
h) Public utilities and related buildings, structures, warehouses and storage yards.
15.2 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) Aviation related residential development-hanger homes
b) Recreation facilities
c) Type 1 and II Commercial and Industrial uses not listed in the Permitted Use Section
d) Home Base business where accessory to residential hanger homes
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
development permit from the Development Officer.
15.3 PROHIBITED USES
The following uses shall be strictly prohibited within the Airport Overlay District (AP):
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.
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15.4 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.
15.5 SUBDIVISION AND SITE REGULATIONS
Minimum site area
As Recommended in the MJ Airport Development Plan
Maximum site area
As Recommended in the MJ Airport Development Plan
Minimum site frontage
As Recommended in the MJ Airport Development Plan
Minimum front yard setback
As Recommended in the MJ Airport Development Plan
Minimum rear yard
As Recommended in the MJ Airport Development Plan
Minimum side yard
As Recommended in the MJ Airport Development Plan
Maximum building height
10 metres, excepting communication and navigation
structures
Maximum building floor area
for large accessory buildings
As recommended in the MJ Airport Development Plan
Minimum setback for trees
shelterbelts and other
46 metres from Municipal roads and Provincial Highways.
Fence Lines
No setback
.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.
16.0
15 WING OVERLAY DISTRICT (WING)
The purpose of the 15 Wing Overlay District (WING) is to recognize the operational zone
requirements of 15 Wing, safety consideration and noise exposure forecasts.
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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
i)
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.
j)
One detached one unit dwelling, RTM or modular home following the placement thereof on a
permanent foundation per site.
k) Accessory Building/Uses
l)
Nature trails
m) Home Based Business or Occupation where accessory to a residence, on the same site
n) Public utilities related buildings, structures, warehouses and storage yards.
o) Uses in this area that existed at the time of passage of this Bylaw
16.2 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:
e) Greenhouses and Market Gardens
f)
Animal Kennels
g) Equestrian Facilities
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
development permit from the Development Officer.
16.3 PROHIBITED USES
The following uses shall be strictly prohibited within the Airport Overlay District (CFB):
c) 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.
d) All uses of buildings and land except those specifically noted as permitted or discretionary.
16.4 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.
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.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.
16.5 SUBDIVISION AND SITE REGULATIONS
Minimum site area
1 hectare (2.54 acres)
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
30 meters
Minimum front yard setback
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
Maximum building height
10 meters
Maximum building floor area
for large accessory buildings
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.
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 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.
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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.
16.6 SUPPLEMENTARY DEVELOPMENT REGULATIONS
1. All new construction shall be required to meet Building Standards that
mitigate noise levels as per current standards as referred to in the Official
Community Plan
2. 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.
3. 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.
4. 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.
17.0
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.
17.1 DEFINING THE BOUNDARY
Archaeological, historic features and paleontological sensitive lands within the Rural Municipality
include:
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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.
17.2 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.
17.3 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.
18.0
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.
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:
18.1 PERMITTED USES
Agricultural uses, but not including buildings and structures accessory thereto; and does not
include irrigation works, Intensive Livestock Operations or harvest preserves.
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a)
Recreational uses.
b)
Wildlife habitats and sanctuaries.
18.2 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.
18.3 PROHIBITED USES
a) Off-Road vehicles are restricted to established paths and trails on public lands.
18.4 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.
.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 Moose Jaw 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 slope
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?
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.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.
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19.0
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.
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:
19.1 DEFINING THE BOUNDARY
For all proposed development in this cautionary area, the developer shall be responsible to obtain
and determine the 1:500 year Estimated Peak Water Level to determine the Safe Building
Elevation. The Saskatchewan Watershed Authority will assist and provide comment when possible
or the developer shall be responsible for the cost.
19.2 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.
19.3 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.
19.4 PROHIBITED USES
a) Off-Road vehicles are restricted to established paths and trails on public lands.
19.5 SITE DEVELOPMENT REGULATIONS
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.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 unless 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.
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20.0
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:
20.1 SITE PLAN
An overall site plan shall be prepared showing landscaping design as well as the physical layouts of all
structures and roads.
19.2. 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.
19.3. MINIMUM SITE AREA
The minimum site area shall be 0.4 Hectare or 1 acre.
19.4. REQUIRED OPEN SPACE
A minimum of 25% of the land area must be common open space or for common
recreational space..
19.5. ALLOWABLE DENSITY
The density of development shall not be increased from the normal density per gross acre
permitted in that zone.
19.6. 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.
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21.0
REPEAL AND ADOPTION
Bylaw No. 7-2001 is 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
day of
2011.
Read a Second time this
day of
2011.
Read a Third time and adopted this
day of
2011.
_________________________
Reeve
S E A L
_________________________
Rural Municipal Administrator
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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,
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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 metes 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.